BY REPRESENTATIVES Adkins, Kaufman, and Reeser;
also SENATORS Schroeder and Rupert.
CONCERNING THE PAYMENT OF CLAIMS AGAINST ANY COUNTY.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 3010710,
Colorado Revised Statutes, is amended to read:
3010710. Apportionment
and separation of funds. It
is the duty of the county treasurer to apportion and keep all
taxes collected by him OR HER in the several funds for which the
taxes were levied, and it shall not be lawful to use the moneys
belonging to any fund for the purpose of paying warrants drawn
or which properly should have been
drawn upon some other fund OR FOR
THE PURPOSE OF PAYING WARRANTS ISSUED BEFORE THE EFFECTIVE DATE
OF THIS SECTION, AS AMENDED, WHICH PROPERLY SHOULD HAVE BEEN DRAWN
UPON SOME OTHER FUND; but the amount of interest gained through
the investment of county funds, regardless of the origin of such
funds, may be credited to the general fund of the county by the
county treasurer, unless such investment is made from specific
funds allocated for a definite purpose and so maintained. The
treasurer, and the sureties on his OR HER official bond, are liable
at the action of any taxpayer of the county for any violation
of this section.
SECTION 2. 3010711,
Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING
NEW SUBSECTIONS to read:
3010711. Payment of warrants
call published. (3) THE
TREASURER SHALL PAY BY ELECTRONIC TRANSFER ANY WRITTEN AUTHORIZATION
ISSUED BY THE BOARD OF COUNTY COMMISSIONERS DIRECTING THE TREASURER
TO MAKE PAYMENT OF CLAIMS AGAINST THE COUNTY ELECTRONICALLY.
(4) PAYMENT OF COUNTY WARRANTS AND ORDERS
BY ELECTRONIC TRANSFER SHALL BE MADE ONLY AFTER THE TREASURER
APPROVES THE RELEASE OF FUNDS FOR SUCH ELECTRONIC TRANSFER.
(5) FOR PURPOSES OF THIS PART 7, "ORDER"
MEANS ALL ORDERS AND AUTHORIZATIONS ISSUED BY THE BOARD OF COUNTY
COMMISSIONERS FOR THE PAYMENT OF CLAIMS AGAINST THE COUNTY. "ORDER"
INCLUDES ANY WARRANT ISSUED BY THE BOARD OF COUNTY COMMISSIONERS
AND ANY WRITTEN AUTHORIZATION ISSUED BY THE BOARD OF COUNTY COMMISSIONERS
DIRECTING THE TREASURER TO MAKE PAYMENT OF CLAIMS AGAINST THE
COUNTY BY ELECTRONIC TRANSFER.
SECTION 3. 3010718,
Colorado Revised Statutes, is amended to read:
3010718. Registry of orders
open to inspection. Every
county treasurer shall keep in his OR HER office a book
RECORD to be called the registry of county orders wherein shall
be entered at the date of the presentation thereof and without
any interval or blank line between any such entry and the one
preceding it every county order or other certificate or evidence
of county indebtedness at any time
presented to such county treasurer for payment AT ANY TIME THAT
THE COUNTY HAS INSUFFICIENT FUNDS TO PAY THE INDEBTEDNESS EVIDENCED
ON SUCH ORDER OR OTHER CERTIFICATE OR EVIDENCE OF COUNTY INDEBTEDNESS,
whether the same is paid at the time
of presentation or not, the date
and number of such order, the amount for which the same is payable,
the date of the presentation thereof, the name of the person to
whom such order is by the terms thereof payable, and the name
of the person presenting the same. Every such registry of county
orders, at all reasonable hours, shall be open to inspection and
examination of any person desiring to inspect or examine the same.
SECTION 4. 3010726,
Colorado Revised Statutes, is amended to read:
3010726. Failure of treasurer
to perform duties penalty. Every
county treasurer who fails, neglects, or refuses to have and keep
in his OR HER office such cash book as required by section 3010717
or to set down therein at the time of the receipt thereof any
moneys by him OR HER received or collected as such treasurer;
or makes any false or deficient entry thereof; or fails, neglects,
or refuses to have and keep the said cash book at his OR HER office
at all reasonable hours of the day; or fails, neglects, or refuses
to permit any person to inspect and examine the same at any reasonable
hour of the day; or fails, neglects, or refuses to issue his OR
HER receipt for any moneys received by him OR HER as such county
treasurer as required by section 3010715; or fails,
neglects, or refuses to set down in such receipt the kind of funds,
whether money, or state or county scrip, or evidence of state
or county indebtedness; or fails, neglects, or refuses to have
and keep in his OR HER office such register of county orders as
required by section 3010718; or fails, neglects, or
refuses to enter at the time of the presentation every county
order which
THAT may be presented to him OR HER for payment AT A TIME IN WHICH
THE COUNTY HAS INSUFFICIENT FUNDS TO PAY THE INDEBTEDNESS EVIDENCED
ON SUCH ORDER; or makes any false entry thereof; or fails, neglects,
or refuses to pay any order presented to him OR HER for payment,
there being then money in the treasury appropriated for the payment
thereof; or wherefrom by law the same
ought to be paid; or pays any such
order, there not being then remaining in the treasury money sufficient
wherefrom all orders drawn upon the same fund and previously presented
may lawfully be paid, is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not less than fifty dollars
nor more than five hundred dollars, and the court may adjudge
that such treasurer be removed from his office. This section
shall extend to the deputies of every such county treasurer.
SECTION 5. 3025110
(1) and (3), Colorado Revised Statutes, are amended to read:
3025110. Claims presented
to board, when how paid. (1) Any
claim or demand held by any person against a county shall be presented
for audit and allowance to the board of county commissioners of
the proper county, in due form of law, before an action in any
court shall be maintainable thereon, and all claims, when allowed,
shall be paid by a county warrant or order, drawn by said board
on the county treasury, upon the proper fund in the treasury,
for the amount of such claim. IT IS THE DUTY OF THE BOARD OF
COUNTY COMMISSIONERS TO ENSURE THAT ALL WARRANTS AND ORDERS ISSUED
ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (1), AS AMENDED,
ARE DRAWN UPON THE PROPER FUND IN THE TREASURY AND THAT THERE
ARE SUFFICIENT MONEYS IN SAID FUND. Such warrant or order shall
be signed by the chairman
CHAIRPERSON of the board, permanent or temporary, attested by
the county clerk and recorder, and,
when presented to the county treasurer for registry, countersigned
by him said warrant or order shall
specify the amount and value of the claim or service for which
it is issued and be numbered and dated in the order in which it
is issued.
(3) County warrants and orders may be
in such form as the board of county commissioners may provide
and may be made payable to the order of the payee or to the bearer.
THE BOARD OF COUNTY COMMISSIONERS MAY DIRECT THE TREASURER TO
PAY BY ELECTRONIC TRANSFER ANY WRITTEN AUTHORIZATION ISSUED BY
THE BOARD FOR ELECTRONIC PAYMENT OF CLAIMS AGAINST THE COUNTY.
FOR PURPOSES OF THIS SECTION, "ORDER" MEANS ALL ORDERS
AND AUTHORIZATIONS ISSUED BY THE BOARD OF COUNTY COMMISSIONERS
FOR THE PAYMENT OF CLAIMS AGAINST THE COUNTY. "ORDER"
INCLUDES ANY CHECK ISSUED BY THE BOARD OF COUNTY COMMISSIONERS
AND ANY WRITTEN AUTHORIZATION ISSUED BY THE BOARD OF COUNTY COMMISSIONERS
DIRECTING THE TREASURER TO MAKE PAYMENT OF CLAIMS AGAINST THE
COUNTY BY ELECTRONIC TRANSFER.
SECTION 6. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO