BY SENATORS Johnson and Tanner;
also REPRESENTATIVE George.
CONCERNING AN INCREASE IN COMPENSATION FOR PUBLIC
TRUSTEES, AND, IN CONNECTION THEREWITH, INCREASING FEES FOR CERTAIN
PUBLIC TRUSTEES' SERVICES AND PUBLIC TRUSTEES' SALARIES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 3837104
(1) and (2), Colorado Revised Statutes, are amended to read:
3837104. Duties of public
trustees fees, expenses, and salaries reports.
(1) The public trustees of each county of this state
shall perform the functions and exercise the powers conferred
upon them by statute. They shall be entitled to receive as fees
for such services the following sums and no other fees or perquisites
whatever:
(a) For executing a release of a deed
of trust, and procuring
INCLUDING the acknowledgment thereof, the sum of eight
TEN dollars;
(b) For opening and administering a foreclosure
under the powers conferred upon them by a deed of trust where
the original principal amount of the indebtedness secured by such
deed of trust does not exceed two
hundred forty thousand THREE HUNDRED
TWENTY THOUSAND dollars, a fee of seventyfive
ONE HUNDRED dollars, and, where such amount exceeds two
hundred forty thousand THREE HUNDRED
TWENTY THOUSAND dollars, a fee of one thirtysecond of one
percent of such original principal amount or the outstanding principal
balance, whichever is less, but in no case less than seventyfive
ONE HUNDRED dollars;
(c) For accepting the filing of a notice
of intent to redeem with the public trustee by a lienor or encumbrancer,
the sum of five
FIFTEEN dollars;
(d) For processing and executing a certificate
of redemption, and procuring
INCLUDING the acknowledgment thereof, to a person or entity redeeming
pursuant to the provisions of section 3838302 (2)
or 3838402, the sum of ten dollars;
(e) For executing a trustee's deed, and
procuring INCLUDING the acknowledgment
thereof, the sum of ten dollars;
(f) For processing withdrawals in accordance
with sections 3838101 (11) and 3838104
(2), such sums as are provided in said sections;
(g) For performing any duty of the public
trustee prescribed by section 3830171 (3) (b) or 3834104,
the sum of twentyfive dollars or such greater amount as
may be approved by a court of competent jurisdiction;
(h) For performing those duties prescribed
by section 3838109 (4) (b), an additional fee of fifty
dollars;
(i) For performing those duties required
by section 3838109 (3) (b), an additional fee of seventyfive
dollars; and
(j) For performing those duties required
by section 3835126 (1), an additional annual fee of
seventyfive dollars, payable in advance, for each taxable
year, or portion thereof, during which an escrow account is established.
(2) (a) The salary of the public
trustee in the different counties of the state shall be fixed
at the following amounts, to wit: In counties of the first class
and second class, twentysix thousand dollars per annum for
fulltime public trustees and, in counties of the third class,
six thousand five hundred dollars per annum.
(b) FOR PUBLIC TRUSTEES WHOSE TERMS BEGIN
ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (2), AS AMENDED,
THE SALARY OF THE PUBLIC TRUSTEE IN THE DIFFERENT COUNTIES OF
THE STATE SHALL BE FIXED AT THE FOLLOWING AMOUNTS, TO WIT: IN
COUNTIES OF THE FIRST AND SECOND CLASS, THIRTYTWO THOUSAND
DOLLARS PER ANNUM FOR FULLTIME PUBLIC TRUSTEES AND, IN COUNTIES
OF THE THIRD CLASS, EIGHT THOUSAND DOLLARS PER ANNUM.
(c) Such salary
SALARIES shall be paid from the fees collected by the public trustee
as provided in this section and not otherwise.
SECTION 2. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO