House Bill 25-1229 Introduced

A Bill for an Act

• Page 1, Line 101Concerning salaries of elected local officials.

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://leg.colorado.gov.)

Under current law, elected county officials in certain counties may elect to receive a salary that is 50% lower than the salary amount for that county official as set by law. This election must be set forth and recorded with the office of a county's clerk and recorder during the month of November.

The bill modifies this election to allow elected county officials in any county to elect to receive any amount of salary lower than the amount set by law or to receive no salary. The election must be made annually and submitted to the county treasurer no later than 30 days before the county's next fiscal year. The bill also extends to district attorneys, in substantially the same manner, the ability to elect to receive a lower salary than the amount set by law or to receive no salary.

For purposes of establishing the salaries of county elected officers, each county in the state is delineated into a specified category. The bill changes Mesa county's categorization from category I-D to category I-A, effective January 1, 2029, which will result in an accompanying percentage increase for the county's elected officials.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 20-1-302, add (1)(d) as follows:

• Page 2, Line 320-1-301.  Compensation of district attorneys.

• Page 2, Line 4(1) (d)  Notwithstanding subsections (1)(a) and (1)(b) of this

• Page 2, Line 5section, a district attorney may elect in the district attorney's

• Page 2, Line 6sole discretion to receive any amount of salary that is lower

• Page 2, Line 7than the amount provided for in subsection (1)(a) of this section

• Page 2, Line 8or set in accordance with subsection (1)(b) of this section or to

• Page 2, Line 9not receive a salary. The district attorney making an election

• Page 2, Line 10in accordance with this subsection (1)(d) shall submit the

• Page 2, Line 11election annually to the treasurer of the county or counties

• Page 2, Line 12comprising the judicial district or to the chief financial officer

• Page 2, Line 13for the city and county of Denver for the second judicial

• Page 2, Line 14district in writing, signed by the district attorney and

• Page 2, Line 15notarized, not later than thirty days prior to the start of the

• Page 2, Line 16county's or the city and county of Denver's next fiscal year.

• Page 2, Line 17Any additional money available to a county or to the city and

• Page 2, Line 18county of Denver as a result of the district attorney making an

• Page 2, Line 19election pursuant to this subsection (1)(d) remains available for

• Page 3, Line 1expenditure in the general fund of the county or the city and county of Denver.

• Page 3, Line 2SECTION 2.  In Colorado Revised Statutes, 30-2-102, amend (1.5)(a)(I)(B) and (3)(f); and add (1.5)(c) as follows:

• Page 3, Line 330-2-102.  Categorization of counties for fixing salaries of

• Page 3, Line 4county officers - salary amounts - legislative declaration. (1.5) (a)  For

• Page 3, Line 5the purpose of establishing the salaries of county officers whose terms of office begin on or after January 1, 2016:

• Page 3, Line 6(I) (B)  Category I-D counties consist of the county of Mesa;

• Page 3, Line 7except that, on or after January 1, 2029, Mesa county is a category I-A county.

• Page 3, Line 8(c)  The general assembly finds and declares that:

• Page 3, Line 9(I)  Section 15 of article XIV of the state constitution

• Page 3, Line 10prescribes that compensation of county officers of the state is fixed by the general assembly by law;

• Page 3, Line 11(II)  In fixing the compensation of county officers, the

• Page 3, Line 12general assembly gives due consideration to county variations

• Page 3, Line 13including factors necessary to prepare compensation schedules

• Page 3, Line 14that reflect variations in the workloads and responsibilities of

• Page 3, Line 15county officers and in the tax resources of the several counties; and

• Page 3, Line 16(III)  Therefore, when the general assembly is considering

• Page 3, Line 17a proposal to move a county to another category pursuant to

• Page 3, Line 18subsection (1.5)(b) of this section, the general assembly

• Page 3, Line 19encourages the board of county commissioners of the subject

• Page 3, Line 20county to indicate, by adoption of a resolution, the board of

• Page 3, Line 21county commissioners' position on the proposal to move the county to a different category.

• Page 4, Line 1(3) (f)  An elected county officer in a county classified for salary

• Page 4, Line 2purposes under subsection (1.5)(a)(III), (1.5)(a)(IV), (1.5)(a)(V), or

• Page 4, Line 3(1.5)(a)(VI) of this section may elect in his or her the county officer's

• Page 4, Line 4sole discretion to receive an any amount of salary that is lower than the

• Page 4, Line 5amount provided for in this section The amount of the lower salary

• Page 4, Line 6received by an officer shall be fifty percent of the amount of the salary

• Page 4, Line 7otherwise provided for the officer as set forth in this section. Any such or

• Page 4, Line 8to not receive a salary. A county officer making an election in

• Page 4, Line 9accordance with this subsection (3)(f) shall be set forth submit the

• Page 4, Line 10election annually to the county treasurer in writing, signed by

• Page 4, Line 11the county officer and notarized,and recorded with the office of the

• Page 4, Line 12county clerk and recorder during the month of November not later

• Page 4, Line 13than thirty days prior to the start of the county's next fiscal

• Page 4, Line 14year. Any additional money available to a county as a result of an elected

• Page 4, Line 15county officer making an election pursuant to this subsection (3)(f) shall

• Page 4, Line 16remain available for expenditure in the county general fund. An elected

• Page 4, Line 17county officer who elects to receive a lower salary pursuant to this

• Page 4, Line 18subsection (3)(f) may subsequently elect to receive a higher salary so long

• Page 4, Line 19as the amount of the higher salary does not exceed the amount provided

• Page 4, Line 20for in this section. In no event shall an elected county officer make more than one election per year pursuant to this subsection (3)(f).

• Page 4, Line 21SECTION 3.  Act subject to petition - effective date. This act

• Page 4, Line 22takes effect at 12:01 a.m. on the day following the expiration of the

• Page 4, Line 23ninety-day period after final adjournment of the general assembly; except

• Page 4, Line 24that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 4, Line 25of the state constitution against this act or an item, section, or part of this

• Page 5, Line 1act within such period, then the act, item, section, or part will not take

• Page 5, Line 2effect unless approved by the people at the general election to be held in

• Page 5, Line 3November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.