First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 13-0437.02 Nicole Myers x4326 SENATE BILL 13-022 SENATE SPONSORSHIP Lambert, HOUSE SPONSORSHIP Scott, Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the county treasurer becoming the public trustee in the counties where the public trustee is currently appointed by the governor. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Currently, 10 counties designated as counties of the second class in the public trustee law have a public trustee who is appointed by the governor. According to current law, the city and county of Denver is a county of the first class and should also have an appointed public trustee, but the public trustee in the city and county of Denver is specified in its charter. In the remainder of the counties the county treasurer serves as the public trustee; except that, in the city and county of Broomfield, the public trustee is specified in its charter. On or before February 1, 2015, in all counties of the second class, the county treasurer of the county shall become the public trustee. The board of county commissioners of each such county shall determine the date on which the county treasurer of the county will become the public trustee. On and after February 1, 2015, the county treasurer will be the public trustee in all counties in the state; except that in the city and county of Broomfield and the city and county of Denver, the public trustee will be such equivalent officer as is specified in the city and county's charter or code. Beginning February 1, 2015, the governor's authority to appoint the public trustee in counties of the first and second classes and to fill vacancies in the office of the public trustee in such counties is eliminated. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, amend 38-37-101 as follows: 38-37-101. Creation of the office of public trustee. (1) There is hereby created the office of public trustee in each county in this state, whose duties are as prescribed by law. Except as otherwise provided in subsections (2) and (3) of this section, in all counties of the first and second classes, such public trustee shall be appointed as provided in section 38-37-102, and, in counties of all other classes, the county treasurer of the county shall be such public trustee; except that, in the city and county of Broomfield, the public trustee shall be such equivalent officer as shall be provided by its charter or code. (2) On or before February 1, 2015, in all counties of the second class as such counties were classified prior to February 1, 2015, the county treasurer of the county shall become the public trustee and such counties shall no longer have a separate office of the public trustee with the trustee appointed by the governor. The board of county commissioners of each county of the second class shall determine the date on which the county treasurer of the county will become the public trustee, so long as the treasurer of the county is the public trustee by February 1, 2015. (3) On and after February 1, 2015, in all counties, the county treasurer of the county shall be the public trustee; except that, in the city and county of Broomfield and in the city and county of Denver, the public trustee shall be such equivalent officer as provided by its charter or code. All of the duties required of the county treasurer in his or her capacity as the public trustee as specified in this article apply to the equivalent officer serving as the public trustee in the city and county of Broomfield and the city and county of Denver. SECTION 2. In Colorado Revised Statutes, 38-37-102, amend (2) as follows: 38-37-102. Appointment - bond - office. (2) The county treasurer shall be the public trustee in each of the counties other than those of the first and second classes, and each such county treasurer in each county, in his or her capacity as public trustee, shall execute a surety bond issued by a company authorized to issue such bonds in the state of Colorado in the sum of ten thousand dollars, to be approved by the county commissioners of the county, conditioned that such person will well and faithfully perform the duties of public trustee and properly account for and pay over to such persons as are entitled thereto all moneys and other valuables that come into such person's hands as public trustee. In counties wherein The county treasurer is the public trustee, as provided in this subsection (2), such person shall conduct the duties of public trustee at the office of the county treasurer, and in counties of the first and second classes, the public trustee shall maintain an office and regular place of business for the performance of the public trustee's official duties; and, in all cases, the such office of the public trustee shall be kept open for the transaction of business during ordinary business hours each day, except Saturdays, Sundays, and legal holidays. SECTION 3. In Colorado Revised Statutes, 38-37-104, amend (7); and add (2.5) as follows: 38-37-104. Duties of public trustees - fees, expenses, and salaries - reports. (2.5) Beginning February 1, 2015, the salary of the public trustee in each county in the state is twelve thousand five hundred dollars per year. Such salaries shall be paid from the fees collected by the public trustee as provided in this section and not otherwise. (7) The office of the public trustee is subject to annual audit pursuant to the "Colorado Local Government Audit Law", part 6 of article 1 of title 29, C.R.S. except that the office of the public trustee of any trustee who is appointed by the governor shall instead be subject to an individual annual audit pursuant to section 29-1-603 (1.5), C.R.S. SECTION 4. In Colorado Revised Statutes, amend 38-37-109 as follows: 38-37-109. Suits against public trustee. When public trustees, or county treasurers, acting as public trustees, are sued in their official capacity, the district attorney shall provide legal representation for the public trustees serving in such district attorney's district, unless such legal representation is provided for otherwise. SECTION 5. In Colorado Revised Statutes, repeal 29-1-603 (1.5), 38-37-102 (1), 38-37-104 (2), (5), and (8), and 38-37-105. SECTION 6. Act subject to petition - effective date. Sections 2 through 5 of this act take effect February 1, 2015, and the remainder of this act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 7, 2013, if adjournment sine die is on May 8, 2013); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor; except that sections 2 through 5 of this act take effect February 1, 2015.