First Regular Session
Sixty-second General Assembly
LLS NO. 99-0627.01 Jane Ard-Smith HOUSE BILL 99-1282
STATE OF COLORADO
BY REPRESENTATIVES McKay, May, Paschall
LOCAL GOVERNMENT
A BILL FOR AN ACT
101 CONCERNING BOARDS OF COUNTY COMMISSIONERS' AUTHORITY TO
102 PROVIDE CERTAIN FINANCIAL INFORMATION TO THE PUBLIC, AND,
103 IN CONNECTION THEREWITH, REQUIRING THE BOARDS OF COUNTY
104 COMMISSIONERS TO PROVIDE NOTICE OF THE AVAILABILITY OF SUCH
105 INFORMATION AND POST SUCH INFORMATION ON THE INTERNET.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Requires the board of county commissioners of each county to
prepare, provide written notice of, and make available to the public a
report of certain county expenditures rather than publish such information
in a legal newspaper. Requires the board to post such reports for at least
30 days on the internet if the board otherwise posts any information on
the internet. Specifies that such written notice shall be provided to at
least one legal newspaper in the county and shall include information on
how to obtain a copy of the report and the internet address, if any, at
which such report can be found.
Requires the board of county commissioners of each county to
prepare, make available to the public, and post on the internet twice
annually each employee's position, title, and gross monthly salary in the
same manner as the report of certain county expenditures. Allows the
board to include each employee's name rather than requiring such
information. Requires the board to provide employee names as otherwise
provided by law if the board does not include such information in its
salary information report.
Requires the board of county commissioners of each county to
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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provide written notice of and make available to the public the semiannual
financial statement furnished by the county treasurer rather than publish
such information in a legal newspaper. Requires the board to post such
statement for at least 30 days on the internet if the board otherwise posts
any information on the internet.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 30-25-111, Colorado Revised Statutes, is amended
3 to read:
4 30-25-111. Proceedings published - failure - penalty. (1) It is
5 the duty of the board of county commissioners of each county to publish
6 in at least one legal newspaper in the county PREPARE, PROVIDE WRITTEN
7 NOTICE OF, AND MAKE AVAILABLE TO THE PUBLIC a report of each claim,
8 except salary warrants, and expenditure by it allowed and paid and taxes
9 rebated, disclosing the name of and the amount paid to each individual or
10 firm, a description of the services or material furnished to the county,
11 and, as to other items, the nature of the claim and disclosing the fund
12 charged with each expenditure. SUCH WRITTEN NOTICE SHALL BE
13 PROVIDED TO AT LEAST ONE LEGAL NEWSPAPER IN THE COUNTY AND SHALL
14 INCLUDE INFORMATION ON HOW TO OBTAIN A COPY OF THE COUNTY
15 REPORT AND THE INTERNET ADDRESS, IF ANY, AT WHICH SUCH REPORT CAN
16 BE FOUND. Such report shall contain a statement of any contracts for the
17 expenditure of money not paid immediately made by the board of county
18 commissioners, disclosing the nature and purpose of the contract, the
19 parties thereto, and the amounts involved therein. Such reports shall be
20 published MADE AVAILABLE at least monthly within thirty days following
21 the end of the period for which made. If no legal newspaper is located in
22 the county, either such reports shall be published in WRITTEN NOTICE
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1 SHALL BE PROVIDED TO a newspaper of an adjacent county which THAT
2 has general circulation in the county for which the report is made SUCH
3 NOTICE IS PROVIDED or the board shall cause such statements NOTICE to
4 be posted in three conspicuous places in said county, one of which shall
5 be the courthouse door. IN ADDITION TO ANY OTHER MEANS OF MAKING
6 SUCH A REPORT AVAILABLE, THE BOARD OF COUNTY COMMISSIONERS
7 SHALL ALSO POST SUCH REPORT FOR AT LEAST THIRTY DAYS ON THE
8 INTERNET IF THE BOARD OTHERWISE POSTS ANY INFORMATION ON THE
9 INTERNET. The county accounting office, if there is one, and otherwise
10 the county clerk and recorder, if he OR SHE is acting as the accounting
11 agency for the county, shall provide to the board of county
12 commissioners all information necessary for the publication NOTICE AND
13 POSTING. The published report shall state that it is published PREPARED
14 AND MADE AVAILABLE under the direction of the board of county
15 commissioners. Nothing in this section shall be construed as requiring the
16 board of county commissioners to publish or make public the names of
17 or individual public welfare payments to, or in behalf of, indigent persons
18 receiving assistance from public welfare programs financed, in whole or
19 in part, by federal or state funds, or any combination thereof, when such
20 publication is specifically forbidden by law.
21 (1.5) (a) Salary information for all county employees and officials
22 shall be published PREPARED, MADE AVAILABLE TO THE PUBLIC, AND
23 POSTED ON THE INTERNET twice annually in the manner provided in
24 subsection (1) of this section. The first publication SALARY INFORMATION
25 REPORT shall be in August and shall include each employee's name
26 POSITION, title and gross monthly salary for the prior June. The second
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1 publication SALARY INFORMATION REPORT shall be in February and shall
2 list each employee by name POSITION and title, along with the total
3 amount of gross salary paid to such employee during the prior calendar
4 year. THE SALARY INFORMATION REPORT MAY INCLUDE EACH EMPLOYEE'S
5 NAME. IF THE BOARD OF COUNTY COMMISSIONERS DOES NOT INCLUDE
6 EACH EMPLOYEE'S NAME IN ITS SALARY INFORMATION REPORT, SUCH
7 INFORMATION SHALL BE AVAILABLE AS OTHERWISE PROVIDED BY LAW.
8 (b) Each publication of salary information REPORT shall be
9 accompanied by the countywide average percentage of salary that is paid
10 in addition to regular wages as fringe benefits, including, but not limited
11 to, insurance, medical care, retirement plans, housing, transportation, or
12 other subsidized employee expenses.
13 (2) It is the duty of the board of county commissioners of each
14 county to publish in some legal newspaper published in the county
15 PROVIDE WRITTEN NOTICE OF AND MAKE AVAILABLE TO THE PUBLIC IN THE
16 MANNER PROVIDED IN SUBSECTION (1) OF THIS SECTION the semiannual
17 financial statement furnished to the board of county commissioners by the
18 county treasurer which THAT shall include in separate columns the
19 balance at the beginning of the period in each fund kept by the treasurer,
20 the collections to each fund from current taxes, delinquent taxes,
21 miscellaneous collection and transfers, withdrawals from each fund
22 showing cash disbursements, transfers and treasurer's fees, and the
23 balance at the end of the period in each fund. THE BOARD OF COUNTY
24 COMMISSIONERS SHALL ALSO POST SUCH SEMIANNUAL FINANCIAL
25 STATEMENT FOR AT LEAST THIRTY DAYS ON THE INTERNET IF THE BOARD
26 OTHERWISE POSTS ANY INFORMATION ON THE INTERNET. The statement
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1 shall be published MADE AVAILABLE within sixty days following June
2 thirtieth and December thirty-first each year. If no legal newspaper is
3 located in the county, either such reports shall be published in a
4 newspaper of an adjacent county which has general circulation in the
5 county for which the report is made or the board of county commissioners
6 shall cause such statements to be posted in three conspicuous places in
7 said county, one of which shall be the courthouse door. The county clerk
8 and recorder shall furnish a copy of such proceedings for such publication
9 NOTICE AND POSTING.
10 (3) Any willful violation of any provision of this section by any
11 county commissioner or by any person acting as clerk or otherwise for the
12 board of county commissioners in connection with such published reports
13 and the statements contained therein is a misdemeanor, and any person
14 convicted of any violation shall be punished by a fine not exceeding one
15 hundred dollars.
16 (4) Failure to publish PROVIDE OR POST salary information as
17 provided in subsection (1.5) of this section shall be punishable by a civil
18 penalty of not less than five hundred nor more than one thousand five
19 hundred dollars.
20 SECTION 2. Effective date. This act shall take effect at 12:01
21 a.m. on the day following the expiration of the ninety-day period after
22 final adjournment of the general assembly that is allowed for submitting
23 a referendum petition pursuant to article V, section 1 (3) of the state
24 constitution; except that, if a referendum petition is filed against this act
25 or an item, section, or part of this act within such period, then the act,
26 item, section, or part, if approved by the people, shall take effect on the
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1 date of the official declaration of the vote thereon by proclamation of the
2 governor.