HomeMy WebLinkAbout630193.tiffLEGISLATIVE AND LEGAL BULLETIN
PUBLISHING LIST OF CLASS B PENSIONERS
Publication of the list of pensioners in each county under the age of 65 years must be made
every six months.
101-1-22, Subsection 1, Colorado Revised Statutes 1953, states as follows:
"To insure the honest administration of old age assistance, county boards shall
publish every six months, in a newspaper of the county where the pensioners reside,
a list of the names, addresses and awards made to all persons receiving pensions
in the county under the terms of section 101-1-1. (Should read 101-1-4, Subsection
(1) ). Whenever by judicial decision, act of congress or rules of the federal
security agency, it may be possible to publish the names, addresses and awards of
persons receiving pensions under section 101-1-4 subsection (2), without jeopard-
izing federal contributions to the state old age pension fund, the names, addresses
and awards of such pensioners shall be published by the county boards as prescribed
above with regard to pensioners under section 101-1-1. It shall be the duty of
the state department to work diligently to obtain a judicial decision, act of
congress or rule of the federal security agency which will make possible the
publication of names, addresses and awards of persons receiving pensions under
section 101-1-4, subsection (2)."
101-1-4, subsection (1), creates the class B pensioner. 101-1-4, subsection 2,
provides for pensioners over 65 years of age and it is for these pensioners that a portion
of the money is derived from federal participation.
The legislative intent in this law is clear. It is the express desire of the legis-
lature that the list of pensioners should be published to insure the honest administration
of old age assistance. A duty was placed on the state department to work through congress
to secure legislation permitting the publication of persons over 65 years of age. The
legislature did not leave the matter of publication of the list of pensioners discretionary
since they used the word, "county boards shall publish every six months."
The county board referred to in this section is the board of county commissioners in
each county acting as the county board of public welfare.
Failure to publish would invoke the penalty in 101-1-22, subsection (4), Revised
Statutes of Colorado, 1953, which reads as follows:
"(4) Whoever violates subsections (1) or (2) of this section shall be guilty of a
misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars
or be imprisoned for not more than three months, or be both so fined and imprisoned in the
discretion of the court."
7
By Association Counsel
This penalty would apply to each member of the board of county commissioners who
failed to require publication as provided by law.
Senate Bill 57 of the Fortieth General Assembly relating to county publications does
not change this law. Change or repeal by implication is not favored. In any event, there
is nothing in Senate Bill 57 which would change the law concerning pension publications.
Senate Bill 57 required that publication shall not be required where welfare work is fi-
nanced in whole or in part by federal or state funds or any combination thereof when such
publication is specifically forbidden la law.
In the instant case, not only is publication not specifically forbidden, it is
specifically required. V000OI-
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