HOUSE BILL 971279
BY REPRESENTATIVES Smith, Entz, K. Alexander, G. Berry, George, Gotlieb, S. Johnson, Miller, Takis, Taylor, Clarke, Mace, and Schwarz;
also SENATORS Bishop, Chlouber, B. Alexander,
Dennis, and Wattenberg.
CONCERNING AMENDMENTS TO THE "COLORADO SHEEP
AND WOOL AUTHORITY ACT".
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 3557.5103,
Colorado Revised Statutes, 1995 Repl. Vol., is amended BY THE
ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read:
3557.5103. Definitions.
As used in this article, unless the context
otherwise requires:
(3) "FEEDER" MEANS A PERSON
WHO COMMERCIALLY FEEDS SHEEP THAT ARE PURCHASED FROM PRODUCERS
OR FED FOR PRODUCERS ON A CONTRACT BASIS.
(4) "HANDLER" MEANS A PERSON
WHO BUYS, SHIPS, COMMERCIALLY FEEDS, PROCESSES, OR DISTRIBUTES
SHEEP THAT HAVE BEEN SOLD BY OR ON BEHALF OF A PRODUCER OR THAT
HAVE BEEN PURCHASED OR OTHERWISE ACQUIRED FROM A PRODUCER. "HANDLER"
INCLUDES A PRODUCER WHO BUYS, SHIPS, COMMERCIALLY FEEDS, PROCESSES,
OR DISTRIBUTES SUCH PRODUCER'S OWN SHEEP.
(5) "PRODUCER" MEANS A PERSON
WHO RAISES OR BREEDS SHEEP OR PRODUCES WOOL FROM SHEEP.
SECTION 2. 3557.5105
(1) and (2), Colorado Revised Statutes, 1995 Repl. Vol., are amended
to read:
3557.5105. Colorado sheep
and wool board creation. (1) The
powers of the authority shall be vested in the Colorado sheep
and wool board, which is hereby created, which shall be composed
of nine
TWELVE members and nine
TWELVE alternates who raise, breed, and
grow, OR FEED sheep and wool or lambs for sheep production.
(2) The board members and alternates shall
be appointed from the following districts:
(a) Three
members and their alternates ONE
MEMBER AND AN ALTERNATE from an area comprising the counties of
Eagle, Garfield, Grand, Jackson, Moffat, Pitkin, Rio Blanco, and
Routt, which shall be known as district 1;
(b) Three
members and their alternates ONE
MEMBER AND AN ALTERNATE from an area comprising the counties of
Delta, Gunnison, Mesa, Montrose, Ouray, and San Miguel, which
shall be known as district 2;
(c) One member and an alternate from an
area comprising the counties of Archuleta, ALAMOSA, CONEJOS, COSTILLA,
Dolores, Hinsdale, La Plata, MINERAL, Montezuma, RIO GRANDE, SAGUACHE,
and San Juan, which shall be known as district 3;
(d) One member and an alternate from an
area comprising the
THOSE counties of Alamosa, Conejos,
Costilla, Mineral, Rio Grande, and Saguache,
NOT IN DISTRICTS 1 TO 3, which shall be known as district 4.
(e) One member
and an alternate from an area comprising those counties not in
districts 1 to 4, which shall be known as district 5
TWO MEMBERS AND THEIR ALTERNATES, APPOINTED FROM THE STATE AT
LARGE, WHO ARE ACTIVELY ENGAGED IN THE COMMERCIAL FEEDING OF SHEEP.
(f) SIX MEMBERS AND THEIR ALTERNATES WHO
ARE ACTIVELY ENGAGED IN SHEEP PRODUCTION OR COMMERCIAL FEEDING
WILL BE APPOINTED AT LARGE. ALL APPOINTMENTS FROM THIS GROUP WILL
BE MADE SO THAT THE NUMBER OF FEEDERS AND PRODUCERS ON THE BOARD
REFLECTS THE PERCENTAGE OF FEES PAID BY THE FEEDERS AND THE PRODUCERS.
THE SELECTION OF ATLARGE PRODUCER MEMBERS SHALL ALSO BE
A REFLECTION OF THE PROPORTION OF FEES PAID BY PRODUCERS IN EACH
DISTRICT WITHIN THE STATE.
SECTION 3. 3557.5107
(1), Colorado Revised Statutes, 1995 Repl. Vol., is amended to
read:
3557.5107. Terms of members
and alternates. (1) The
members and alternates of the Colorado sheep and wool board who
are in office on July 1, 1993, shall constitute the original board
of the sheep and wool authority, and their initial terms on the
sheep and wool board shall end at the same time as the terms to
which they were appointed on the Colorado sheep and wool board
prior to July 1, 1993. THE APPOINTMENTS
OF MEMBERS AND ALTERNATES TO THE COLORADO SHEEP AND WOOL BOARD
SHALL BE MADE ON OR BEFORE JULY 1, 1997. FOUR MEMBERS SHALL BE
APPOINTED FOR TERMS OF ONE YEAR, FOUR MEMBERS SHALL BE APPOINTED
FOR TERMS OF TWO YEARS, AND FOUR MEMBERS SHALL BE APPOINTED FOR
TERMS OF THREE YEARS. THEREAFTER, ALL APPOINTMENTS SHALL BE FOR
THREEYEAR TERMS.
SECTION 4. 3557.5116
(1), (2), and (3), Colorado Revised Statutes, 1995 Repl. Vol.,
are amended, and the said 3557.5116 is further amended
BY THE ADDITION OF A NEW SUBSECTION, to read:
3557.5116. License fee
expenditure of funds. (1) The
board shall determine the amount of assessment per head of sheep
upon which the annual license fee provided for in section 3557.5113
(2) shall be computed. The amount of such assessment shall not
exceed twentyfive
FIFTY cents per head of sheep and shall be set by the board by
November 1 of the year prior to the calendar year the license
fee is to be charged. IN ANY CALENDAR YEAR, THE FEE SHALL NOT
INCREASE BY MORE THAN FIVE CENTS OVER THE AMOUNT ASSESSED AT THE
END OF THE IMMEDIATELY PRECEDING CALENDAR YEAR.
(2) The board
shall obtain, by November 1 of each year, a certified true copy
of the federal government's agricultural stabilization and conservation
service list containing the names and addresses of sheep owners
in the state and the number of sheep which were shorn and for
which such federal payments were received during the year prior
to the year the amount of such assessment is submitted to the
authority. ALL PRODUCERS AND COMMERCIAL
FEEDERS OF SHEEP IN THE STATE SHALL PAY THE LICENSE FEE FOR EACH
SHEEP MARKETED; EXCEPT THAT NO FEE SHALL BE COLLECTED ON ANY SHEEP
FED IN THE STATE FOR A PERIOD OF LESS THAN THIRTY DAYS. THE FEE
SHALL BE COLLECTED FROM SUCH PRODUCERS AND FEEDERS BY HANDLERS,
WHO SHALL REMIT THE PROCEEDS TO THE AUTHORITY. THE FEE SHALL BE
PAYABLE UPON EACH TRANSFER OF THE SHEEP OR OF ANY RIGHT, TITLE,
OR INTEREST THEREIN.
(2.5) (a) THE OPERATORS OF FEEDLOTS,
SLAUGHTERHOUSES, PACKING PLANTS, AND LIVESTOCK AUCTION MARKETS
SHALL DEDUCT FROM THE PROCEEDS OF SALE OWED BY THEM TO THE OWNERS
OF SHEEP HANDLED AT SUCH FACILITIES, AND SHALL PROMPTLY REMIT
TO THE AUTHORITY, THE FEES PAYABLE UNDER THIS SECTION. EACH PAYMENT
PURSUANT TO THIS SUBSECTION (2.5) SHALL BE ACCOMPANIED BY A LIST
OF THE NAMES AND ADDRESSES OF THE SHEEP OWNERS ON WHOSE BEHALF
THE PAYMENT IS MADE AND THE NUMBER OF SHEEP MARKETED BY EACH SUCH
OWNER.
(b) WHEN THE OPERATOR OF A FEEDLOT, SLAUGHTERHOUSE,
PACKING PLANT, OR LIVESTOCK AUCTION MARKET SENDS OR GIVES ANY
WRITTEN STATEMENT TO AN OWNER OF SHEEP OR TO SUCH OWNER'S AGENT
RELATING TO THE PROCEEDS OWING TO THE OWNER, THE OPERATOR SHALL
INCLUDE A STATEMENT OF THE AMOUNT DEDUCTED FROM SUCH PROCEEDS
PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2.5).
(3) The sheep
and wool board shall require each owner of sheep who received
such federal payments to pay said license fee. The license fee
shall be computed by multiplying the assessment per head of sheep
by the number of sheep shorn as reflected in such list.
A PRODUCER OR FEEDER WHO, BY VIRTUE OF HIS OR HER ACTIVITIES OR
CIRCUMSTANCES, BECOMES A HANDLER AS DEFINED IN SECTION 3557.5103
(4) OR WHO SELLS, SHIPS, OR OTHERWISE DISPOSES OF SHEEP TO A PERSON
NOT SUBJECT TO THIS ARTICLE SHALL FORTHWITH REMIT TO THE AUTHORITY
AN AMOUNT EQUAL TO THE AMOUNT OF FEES THAT WOULD OTHERWISE HAVE
BEEN PAYABLE UNDER SUBSECTION (2) OF THIS SECTION.
SECTION 5. 3557.5117,
Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:
3557.5117. Acts constituting violation. It is a violation of this article for any person to fail to pay OR REMIT TO THE AUTHORITY an assessment pursuant to section 3557.5116 OR TO KNOWINGLY FALSIFY ANY DOCUMENT FURNISHED IN CONNECTION WITH SUCH A PAYMENT OR REMISSION.
SECTION 6. 3557.5119
(2), Colorado Revised Statutes, 1995 Repl. Vol., is amended to
read:
3557.5119. Refunds.
(2) Any SHEEP PRODUCER OR lamb feeder who has paid
an assessment as required by section 3557.5116 shall
be entitled to a prompt refund of seventyfive percent of
such assessment from the board. Claim for refund shall be made
to the board within ten
THIRTY days after the date of payment of the assessment or ten
THIRTY days after the due date of the assessment, whichever is
earlier
LATER, on a form furnished by the board.
SECTION 7. 3540104
(1), (2), and (3), Colorado Revised Statutes, 1995 Repl. Vol.,
are amended to read:
3540104. Predatory animal
control license fee on sheep creation of predatory animal
fund. (1) To
carry out the provisions of sections 3540101 to 3540106,
there shall annually be imposed a predatory animal control license
fee on sheep, except those in feedlots, as provided in this section.
The Colorado sheep and wool board, created by article 57.5 of
this title, shall annually determine the total cost of carrying
out the provisions of said sections during the following year.
(2) It is
the responsibility of the Colorado sheep and wool board to provide
the commissioner, by November 1 of each year, a certified true
copy of the federal government's agricultural stabilization and
conservation service list containing the names and addresses of,
and the number of sheep, except those in feedlots, shorn by sheep
owners in the state who received producer payments from the federal
government during the previous calendar year. Based on the total
number of sheep in the state for which such federal payments were
received and on the total cost to carry out the provisions of
sections 3540101 to 3540106 during the
following year, the Colorado sheep and wool board shall determine
the assessment to be imposed on each head of sheep, except those
in feedlots, and shall notify the commissioner of the amount of
such assessment, which assessment shall not exceed twentyfive
cents per head. The assessment per head shall be adjusted downward
by the number of months any sheep were herded or grazed in another
state and for which a predator control tax was paid during the
previous year as indicated by proof of payment of the predator
control tax from another state. To determine the license fee due
from each sheep owner on the federal list, the commissioner shall
multiply the assessment per head by the number of sheep, except
those in feedlots, for which the sheep owner received such federal
payments as indicated by the federal list.
(3) When collected,
said license fees ANY MONEYS COLLECTED
AND CREDITED PURSUANT TO THIS SECTION shall be transmitted to
the state treasurer, who shall credit the same to a separate fund
known as the predatory animal fund, which fund is hereby created.
Such fund shall be administered by the department of agriculture
for the purposes set forth in sections 3540101 to
3540106 until exhausted.
SECTION 8. 3540114,
Colorado Revised Statutes, 1995 Repl. Vol., is repealed as follows:
3540114. Acts constituting
violation. It
is a violation of this part 1 for any person to fail to pay an
assessment pursuant to section 3540104.
SECTION 9. 3540115
(1), (2), and (3), Colorado Revised Statutes, 1995 Repl. Vol.,
are repealed as follows:
3540115. Enforcement.
(1) The commissioner shall
be responsible for the enforcement of this part 1.
(2) Any assessment
levied in such specified amount as may be determined by the commissioner
pursuant to the provisions of section 3540104 shall
constitute a personal debt of every person so assessed and shall
be due and payable to the commissioner when payment is called
for by the commissioner.
(3) Upon the
failure of such person to pay any such assessment upon the date
determined by the commissioner, the commissioner may recover such
amount plus costs and attorney fees by action in any court of
competent jurisdiction.
SECTION 10. 3540204
(1) (a), Colorado Revised Statutes, 1995 Repl. Vol., is amended
to read:
3540204. Establishment
of program continuance or discontinuance license
fees. (1) (a) The owners
of at least fiftyone percent of the sheep, or the owners
of at least fiftyone percent of the cattle, or the owners
of at least fiftyone percent of both sheep and cattle acting
jointly in the county, as shown by the assessment rolls of the
last preceding assessment, and by
the list of sheep owners receiving payments from the federal government
during the last preceding calendar year provided by the local
federal agricultural stabilization and conservation service office,
may petition the board of county commissioners to establish a
predatory animal control program as provided for in this part
2.
SECTION 11. 3540205
(1), Colorado Revised Statutes, 1995 Repl. Vol., is amended to
read:
3540205. License fee
expenditure of funds. (1) To
defray the expense of the protection afforded by a program established
under the provisions of this part 2, the board of county commissioners
of any county has the power to require all owners or persons in
possession of any cattle, one year old or over, to pay a license
fee not exceeding thirty cents per head of cattle so owned or
possessed by him
THE OWNER OR PERSON in the county or brought in from another county
or state and herded or grazed in the county. The assessor shall
ascertain, in addition to the regular assessment for taxation
purposes, all cattle which will be one year old or over as of
February 1 within the county in any year in which the program
is in effect, and shall keep such information in a separate record
from the regular assessment, and shall include any cattle that
shall be brought into the county between February 1 and January
31 of the following year to be herded or grazed for any part of
the year. The board of county commissioners also has the power
to require all sheep owners in the county who received
sheep producer payments from the federal government
MARKETED SHEEP during the previous calendar year to pay a license
fee not exceeding sixty cents
ONE DOLLAR per head of sheep for which such payments were received.
It is the responsibility of the Colorado sheep and wool board
to provide the county assessor, by October 1 of each year, with
a certified true copy of the federal
government's agricultural stabilization and conservation service
list containing the names and addresses of such sheep owners in
the county and the number of sheep which
were shorn and for which such payments were received by each sheep
owner MARKETED DURING THE IMMEDIATELY
PRECEDING TWELVE MONTHS. Such information shall be transmitted
by the county assessor to the board of county commissioners by
November 1 of each year. The board of county commissioners also
has the power to require all sheep owners who herded or grazed
sheep in the county to pay a license fee not exceeding sixty
cents ONE DOLLAR per head of sheep.
The board of county commissioners shall then order the license
fee to be levied against all such sheep or cattle, or both, and
shall adjust the fee on cattle on the basis of the number of months
any cattle will be herded or grazed in the county, and shall adjust
the fee on sheep on the basis of the number of months the sheep
were herded or grazed in the county during the previous year.
SECTION 12. 3540206,
Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:
3540206. Other money credited
to fund. All furs and skins of predatory
animals taken as a result of the expenditure of license
fees which are levied for the program established by this part
2 THE PREDATORY ANIMAL CONTROL FUND
shall be sold, and the proceeds of such sale deposited in said
predatory animal control fund for use in carrying out the purposes
of this part 2.
SECTION 13. 301102
(3), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended to read:
301102. Fees of county
treasurer. (3) In addition
to any other fees to which the county treasurer is entitled and
notwithstanding the provisions of subsection (2) of this section,
the county treasurer may charge an administrative fee of five
dollars when the payment of any real property tax statement, exclusive
of any license fees collected pursuant to sections 3540104,
3540205 and 3557.5116, C.R.S., is less
than ten dollars. The fee shall be credited to the county general
fund, pursuant to section 3025105, to cover the cost
of processing such tax statement.
SECTION 14. 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 Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO