Sixty-first General Assembly
LLS NO. 970588.01 EBD
SENATE BILL 97118
STATE OF COLORADO
BY SENATOR Wham;
also REPRESENTATIVE Anderson.
AGRICULTURE, NATURAL
RESOURCES & ENERGY
A BILL FOR AN ACT
CONCERNING THE COLORADO HORSE DEVELOPMENT BOARD,
AND, IN CONNECTION THEREWITH, ALLOWING THE IMPOSITION OF BRAND
INSPECTION FEES.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Imposes a horse brand inspection fee in an amount
determined by the horse development board to fund the board's
activities and provides collection procedures. Limits the fee
to less than three dollars. Allows the brand inspector to retain
fifteen percent of such fee for administration. Repeals the requirement
that the terms of any three members shall not expire on the same
year.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 3541104, Colorado Revised Statutes, 1995 Repl. Vol., is amended BY THE ADDITION OF A NEW SUBSECTION to read:
3541104. Board's authority to impose fees and charges. (10) IN ADDITION TO THE BRAND INSPECTION FEE AUTHORIZED BY THIS SECTION, THE FEE DETERMINED BY THE COLORADO HORSE DEVELOPMENT BOARD PURSUANT TO SECTION 3557.8109 SHALL BE COLLECTED ON HORSES AS A PART OF THE BRAND INSPECTION MADE ON HORSES UNDER THE SAME AUTHORITY, AT THE SAME TIME AND PLACE, IN THE SAME MANNER, AND ON THE SAME HORSES THAT ARE SUBJECT TO BRAND INSPECTION AND BRAND INSPECTION FEES.
SECTION 2. 3557.8104 (2), Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:
3557.8104. Colorado horse
development board members. (2) The
commissioner shall appoint the board members to THREEYEAR
terms. determined by the commissioner.
The terms of any three members shall not expire on the same year.
Each member serves at the pleasure of the commissioner and shall
continue in office until the member's successor is appointed and
qualified.
SECTION 3. Article 57.8 of title 35, Colorado Revised Statutes, 1995 Repl. Vol., as amended, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:
3557.8109. Horse brand inspection fees. (1) TO CARRY OUT THE PROVISIONS AND INTENT OF THIS ARTICLE, THE STATE BOARD OF STOCK INSPECTION COMMISSIONERS, BY AND THROUGH THE BRAND COMMISSIONER OR A DESIGNATED AGENT THEREOF, SHALL COLLECT A FEE ON HORSES FOR WHICH A BRAND INSPECTION FEE IS ALSO COLLECTED AS PROVIDED IN SECTION 3541104. THE COLORADO HORSE DEVELOPMENT BOARD SHALL DETERMINE THE FEE IN AN AMOUNT NOT TO EXCEED THREE DOLLARS PER HORSE.
(2) THE ADDITIONAL FEE SHALL BE KEPT SEPARATE AND DISTINCT FROM OTHER FEES COLLECTED BY THE STATE BOARD OF STOCK INSPECTION COMMISSIONERS. AT LEAST ONCE EVERY TWO MONTHS, THE FEES SHALL BE TRANSFERRED OR PAID TO THE BOARD, LESS SUCH SUM AS SHALL BE AGREED BETWEEN THE BOARD AND THE STATE BRAND COMMISSIONER. SUCH FEE SHALL NOT EXCEED FIFTEEN PERCENT OF THE FEE DETERMINED BY THE BOARD PURSUANT TO THIS SECTION. ANY FUNDS SO TRANSFERRED SHALL BE DEPOSITED IN THE HORSE DEVELOPMENT FUND CREATED IN SECTION 3557.8108.
3557.8110. Collection procedure. (1) THE OPERATORS OF ALL STOCKYARDS AND LIVESTOCK AUCTION MARKETS SHALL DEDUCT, FROM THE PROCEEDS OF SALE OWED BY THEM TO THE RESPECTIVE OWNERS OF HORSES, THE FEE AS AUTHORIZED BY SECTION 3557.8109.
(2) WHEN AN OPERATOR SENDS OR GIVES ANY WRITTEN STATEMENT TO AN OWNER OR THE OWNER'S AGENT RELATING TO THE PROCEEDS OWING THE OWNER, THE OPERATOR SHALL INCLUDE A STATEMENT OF THE AMOUNT DEDUCTED FROM THE PROCEEDS UNDER SECTION 3557.8109.
(3) OPERATORS SHALL PROMPTLY PAY TO THE STATE BOARD OF STOCK INSPECTION COMMISSIONERS ALL FEES COLLECTED BY THEM PURSUANT TO SUBSECTION (1) OF THIS SECTION.
SECTION 4. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.