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Second Regular Session
Sixty-first General Assembly
LLS NO. 980549.01 MKH
HOUSE BILL 981233
STATE OF COLORADO
BY REPRESENTATIVE S. Johnson
A BILL FOR AN ACT
CONCERNING BOARDS OF COUNTY COMMISSIONERS' AUTHORITY
TO PUBLISH CERTAIN FINANCIAL INFORMATION USING THE INTERNET.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Gives boards of county commissioners the option of using the internet to post for 30 days the following financial information that is currently required to be published in a legal newspaper:
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 3025111, Colorado Revised Statutes, is amended to read:
3025111. Proceedings published
or posted failure penalty.
(1) It is the duty of the board of county commissioners
of each county to publish in at least one legal newspaper in the
county, OR TO POST FOR THIRTY DAYS USING THE INTERNET, a report
of each claim, except salary warrants, and expenditure by it allowed
and paid and taxes rebated, disclosing the name of and the amount
paid to each individual or firm, a description of the services
or material furnished to the county, and, as to other items, the
nature of the claim and disclosing the fund charged with each
expenditure. Such report shall contain a statement of any contracts
for the expenditure of money not paid immediately made by the
board of county commissioners, disclosing the nature and purpose
of the contract, the parties thereto, and the amounts involved
therein. Such reports shall be published at least monthly within
thirty days following the end of the period for which made. IF
THE BOARD OF COUNTY COMMISSIONERS DOES NOT POST SUCH REPORTS USING
THE INTERNET AND if no legal newspaper is located in the county,
either such reports shall be published in a newspaper of an adjacent
county which has general circulation in the county for which the
report is made, or the board shall cause such statements to be
posted in three conspicuous places in said county, one of which
shall be the courthouse door. The county accounting office, if
there is one, and otherwise the county clerk and recorder, if
he OR SHE is acting as the accounting agency for the county, shall
provide to the board of county commissioners all information necessary
for the publication OR POSTING. The
report shall state that it is published OR POSTED under the direction
of the board of county commissioners. Nothing in this section
shall be construed as requiring the board of county commissioners
to publish or make public the names of or individual public welfare
payments to, or in behalf of, indigent persons receiving assistance
from public welfare programs financed, in whole or in part, by
federal or state funds, or any combination thereof, when such
publication is specifically forbidden by law.
(1.5) Salary information for all county employees and officials shall be published OR POSTED twice annually in the manner provided in subsection (1) of this section. The first publication OR POSTING shall be in August and shall include each employee's name, title, and gross monthly salary for the prior June. The second publication OR POSTING shall be in February and shall list each employee by name and title, along with the total amount of gross salary paid to such employee during the prior calendar year. Each publication OR POSTING of salary information shall be accompanied by the countywide average percentage of salary that is paid in addition to regular wages as fringe benefits, including, but not limited to, insurance, medical care, retirement plans, housing, transportation, or other subsidized employee expenses.
(2) It is the duty of the board of county commissioners of each county to publish in some legal newspaper published in the county, OR TO POST FOR THIRTY DAYS USING THE INTERNET, the semiannual financial statement furnished to the board of county commissioners by the county treasurer which shall include in separate columns the balance at the beginning of the period in each fund kept by the treasurer, the collections to each fund from current taxes, delinquent taxes, miscellaneous collection and transfers, withdrawals from each fund showing cash disbursements, transfers and treasurer's fees, and the balance at the end of the period in each fund. The statement shall be published within sixty days following June thirtieth and December thirtyfirst each year. IF THE BOARD OF COUNTY COMMISSIONERS DOES NOT POST SUCH REPORTS USING THE INTERNET AND if no legal newspaper is located in the county, either such reports shall be published in a newspaper of an adjacent county which has general circulation in the county for which the report is made or the board of county commissioners shall cause such statements to be posted in three conspicuous places in said county, one of which shall be the courthouse door. The county clerk and recorder shall furnish a copy of such proceedings for such publication.
(2.5) FOR PURPOSES OF THIS SECTION, "INTERNET" MEANS THE INTERNATIONAL COMPUTER NETWORK CONSISTING OF FEDERAL AND NONFEDERAL, INTEROPERABLE, PACKETCONTROLLED, SWITCHED DATA NETWORKS. ANY BOARD OF COUNTY COMMISSIONERS THAT CHOOSES TO POST THE INFORMATION LISTED IN THIS SECTION ON THE INTERNET SHALL MAKE AVAILABLE TO THE PUBLIC THE INTERNET ADDRESS AT WHICH SUCH INFORMATION CAN BE FOUND.
(3) Any willful violation of any provision of this section by any county commissioner or by any person acting as clerk or otherwise for the board of county commissioners in connection with such published OR POSTED reports and the statements contained therein is a misdemeanor, and any person convicted of any violation shall be punished by a fine not exceeding one hundred dollars.
(4) Failure to publish OR POST salary information as provided in subsection (1.5) of this section shall be punishable by a civil penalty of not less than five hundred nor more than one thousand five hundred dollars.
SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.