First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0520.01 Nicole Myers x4326 SENATE BILL 15-096 SENATE SPONSORSHIP Scott, HOUSE SPONSORSHIP (None), Senate Committees House Committees Local Government A BILL FOR AN ACT Concerning the authority of a board of county commissioners to determine that the county treasurer will serve as the public trustee for the county rather than an appointee of 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.) Current law requires the governor to appoint the public trustee for each of the 10 counties designated as a county of the second class for purposes of the public trustee law. In all other counties, the county treasurer is the public trustee; except that in the city and county of Denver and the city and county of Broomfield, the public trustee is the equivalent officer as provided in its charter or code. The bill authorizes the board of county commissioners (board) of any county that has a public trustee who is appointed by the governor to elect, on or before January 1, 2017, to have the county treasurer serve as the public trustee of the county rather than an appointee of the governor. In connection with the election, the board is required to specify the date on which the term of the currently appointed public trustee expires, and the date on which the county treasurer of the county begins his or her duties as the public trustee. A board is required to provide notice of an election regarding the public trustee to the governor and to make information about the transfer of duties concerning the office of the public trustee available on the county's web site. Upon receipt of such notice, the governor is required to terminate the appointment of the public trustee in the applicable county as of the date specified by the board. The governor is required to keep a record of the counties that have made an election to have the county treasurer serve as the public trustee and to post the information on the governor's web site. The governor's office is also required to maintain the information on the governor's web site until the general assembly, acting by bill that becomes law, amends the public trustee statute to reflect which counties have made an election to have the county treasurer serve as the public trustee. 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. There is hereby created the office of public trustee in each county in this state, whose duties are as prescribed by law. In all counties of the second class, such public trustee shall be appointed as provided in section 38-37-102, and section 38-37-102 (1) (a), unless the board of county commissioners of the county elects to have the county treasurer serve as the public trustee for the county pursuant to section 38-37-102 (1) (b). 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 Denver and the city and county of Broomfield, the public trustee shall be such equivalent officer as shall be provided by its charter or code. SECTION 2. In Colorado Revised Statutes, 38-37-102, amend (1) as follows: 38-37-102. Appointment - bond - office. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), the governor shall appoint a public trustee in and for each of the counties of the second class. All appointments of public trustees in and for counties of the second class shall be for terms of four years, with the first such term beginning on February 1, 1991. If the office of public trustee in and for any county of the second class should become vacant on or after February 1, 1991, the governor shall appoint a successor to complete the four-year term. The governor shall appoint as public trustees only those persons who have at least a four-year college degree and five years' administrative or business experience or, in the alternative, ten years' administrative or business experience. Any person so appointed public trustee shall serve at the pleasure of the governor. Every person so appointed public trustee in counties of the second class shall, before entering upon the duties of such office, execute a surety bond issued by a company authorized to issue such bonds in the state of Colorado, in the sum of twenty-five thousand dollars, conditioned that the person so appointed as public trustee will well and faithfully execute the duties of such office; and such public trustee shall promptly 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. (b) (I) The board of county commissioners of any county that has a public trustee who is appointed by the governor pursuant to paragraph (a) of this subsection (1) may elect, on or before January 1, 2017, to have the county treasurer serve as the public trustee of the county rather than an appointee of the governor. In connection with such election, the board of county commissioners shall specify the date on which the term of the currently appointed public trustee expires, notwithstanding the term specified in paragraph (a) of this subsection (1), and the date on which the county treasurer of the county begins his or her duties as the public trustee. (II) A board of county commissioners shall, in a timely manner, provide notice of an election pursuant to subparagraph (I) of this paragraph (b) to the governor and to the county treasurer and make information about the transfer of duties concerning the office of the public trustee available on the county's web site. Upon receipt of such notice, the governor shall terminate the appointment of the public trustee in the applicable county as of the date specified by the board of county commissioners. The governor shall keep a record of the counties that have made an election pursuant to this paragraph (b) and shall ensure that the information is posted on the governor's web site until the general assembly, acting by bill that becomes law, amends the provisions of this article to reflect which counties have made an election pursuant to this paragraph (b). (III) For the purpose of this article, a county in which the board of county commissioners has elected to have the county treasurer serve as the public trustee rather than an appointee of the governor shall be considered a county of the third class beginning on the date that the county treasurer begins his or her duties as the public trustee. SECTION 3. Act subject to petition - effective date. 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 5, 2015, if adjournment sine die is on May 6, 2015); 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 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.