BY SENATORS Wham, Alexander, Johnson, and Phillips;
also REPRESENTATIVES Anderson, Alexander, G. Berry,
Hefley, Johnson, Spradley, Swenson, and George.
CONCERNING THE COLORADO HORSE DEVELOPMENT AUTHORITY,
AND, IN CONNECTION THEREWITH, ALLOWING FOR THE IMPOSITION OF AN
ASSESSMENT ON HORSE BRAND INSPECTIONS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 3541104,
Colorado Revised Statutes, 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 ASSESSMENT DETERMINED BY THE BOARD OF DIRECTORS OF THE COLORADO
HORSE DEVELOPMENT AUTHORITY 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. 3557.8101,
Colorado Revised Statutes, is amended to read:
3557.8101. Short title.
This article shall be known and may be cited as the "Colorado
Horse Development Board
AUTHORITY Act".
SECTION 3. 3557.8102,
Colorado Revised Statutes, is amended to read:
3557.8102. Definitions.
As used in this article, unless the context otherwise requires:
(1) "AUTHORITY" MEANS THE COLORADO
HORSE DEVELOPMENT AUTHORITY CREATED BY SECTION 3557.8103
(2).
(1) (2) "Board"
means the BOARD OF DIRECTORS OF THE Colorado horse development
board
AUTHORITY created by section 3557.8103
(1) 3557.8104 (1).
(2) (3) "Commissioner"
means the commissioner of agriculture.
SECTION 4. 3557.8103,
Colorado Revised Statutes, is amended to read:
3557.8103. Legislative
declaration Colorado horse development authority
creation. (1) THE GENERAL ASSEMBLY
HEREBY DECLARES THAT IT IS IN THE PUBLIC INTEREST AND WELFARE
THAT OWNERS OF HORSES BE AUTHORIZED AND ENCOURAGED TO ACT JOINTLY
AND IN COOPERATION IN STIMULATING, BY RESEARCH, EDUCATION, ADVERTISING,
AND OTHER METHODS, THE PROMOTION OF THE HORSE INDUSTRY IN THE
STATE. IT IS THE INTENT AND PURPOSE OF THIS ARTICLE TO AUTHORIZE
AND PROVIDE A METHOD AND PROCEDURE FOR EFFECTIVELY CORRELATING
AND ENCOURAGING THE PROMOTION OF HORSES AND THE FINANCING THEREOF
PURSUANT TO THE POWERS OF THE GENERAL ASSEMBLY AS AUTHORIZED BY
LAW. IT IS FURTHER DECLARED THAT THE HORSE HAS A LONG ESTABLISHED
RELATIONSHIP WITH THE CITIZENS OF COLORADO AND THEREFORE THE STATE
IS AFFECTED WITH A PUBLIC INTEREST TO ENSURE THE CONTINUATION
OF A STABLE AND EXPANDING HORSE INDUSTRY BY ESTABLISHING POLICIES
CONCERNING HORSE PROMOTION IN THIS STATE AND BY EDUCATING THE
PUBLIC CONCERNING THE HEALTH, CARE, AND WELFARE OF HORSES.
(1) (2) There
is hereby created the Colorado horse development board
AUTHORITY that is a body corporate and a political subdivision
of the state. The board
AUTHORITY is not an agency of state government and is not subject
to administrative direction by any state agency except:
(a) As provided in this article;
(b) For purposes of the "Colorado
Governmental Immunity Act", article 10 of title 24, C.R.S.;
(c) For purposes of inclusion in the risk
management fund and the selfinsured property fund and by
the department of personnel pursuant to part 15 of article 30
of title 24, C.R.S.
SECTION 5. 3557.8104,
Colorado Revised Statutes, is amended to read:
3557.8104. Colorado horse
development authority board of directors members
terms. (1) (a) The
commissioner shall appoint fourteen members to the board as follows
THE POWERS OF THE AUTHORITY SHALL BE VESTED IN A BOARD OF DIRECTORS,
WHICH SHALL BE COMPOSED OF:
(a) (I) Five
representatives of five different horse organizations in this
state;
(b) (II) One
representative of a state horse show association;
(c) (III) One
representative of a state veterinary association;
(d) (IV) One
representative of a university equine extension service;
(e) (V) Two
representatives of an organization that operates statewide to
promote and protect the interests of horses and that represents
all types of horse uses and horse breeds;
(f) (VI) Four
representatives of horse industry support services.
(b) AT LEAST TWO REPRESENTATIVES SHALL
BE FROM THE WESTERN SLOPE.
(2) The commissioner shall appoint the
board members to THREEYEAR terms. determined
by the commissioner. The terms of
any three
NO MORE THAN FIVE 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. THE MEMBERS OF THE BOARD
WHO ARE IN OFFICE ON SEPTEMBER 1, 1998, SHALL COMPRISE THE ORIGINAL
BOARD OF DIRECTORS OF THE AUTHORITY, AND THEIR INITIAL TERMS ON
THE BOARD SHALL END AT THE SAME TIME AS THE TERMS TO WHICH THEY
WERE APPOINTED ON THE COLORADO HORSE DEVELOPMENT BOARD PRIOR TO
SEPTEMBER 1, 1998.
(3) ON THE EXPIRATION OF THE TERM OF A
MEMBER OF THE BOARD, THAT MEMBER'S SUCCESSOR SHALL BE APPOINTED
BY THE COMMISSIONER FOR A TERM OF THREE YEARS; EXCEPT THAT, IN
THE CASE OF A VACANCY, THE COMMISSIONER SHALL APPOINT A PERSON
WHO SHALL SERVE FOR THE UNEXPIRED TERM.
SECTION 6. 3557.8108
(2), Colorado Revised Statutes, is amended to read:
3557.8108. Acceptance of
grants and gifts horse development fund.
(2) There is created in
the office of state treasurer the horse development fund. Moneys
collected under subsection (1) of this section shall be deposited
in the fund. The moneys in the fund shall be subject to annual
appropriation by the general assembly to the board for the purpose
of implementing this article. Moneys in the fund at the end of
the fiscal year shall remain in the fund and shall not revert
to the general fund. THE HORSE DEVELOPMENT
FUND IS ABOLISHED, AND ANY MONEYS IN THE FUND AS OF JUNE 30, 1998,
SHALL REVERT TO THE GENERAL FUND.
SECTION 7. Article
57.8 of title 35, Colorado Revised Statutes, is amended BY THE
ADDITION OF THE FOLLOWING NEW SECTIONS to read:
3557.8109. Horse promotion
authority assessment. (1) (a) 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 AN ASSESSMENT
ON HORSES FOR WHICH A BRAND INSPECTION FEE IS ALSO COLLECTED AS
PROVIDED IN SECTION 3541104. THE BOARD OF DIRECTORS
OF THE AUTHORITY SHALL DETERMINE THE ASSESSMENT IN AN AMOUNT NOT
TO EXCEED THREE DOLLARS PER HORSE. NO PERSON SHALL BE ASSESSED
MORE THAN A TOTAL OF ONE HUNDRED DOLLARS IN A CALENDAR YEAR.
(b) ANY PERSON MAY PURCHASE A COLORADO
HORSE DEVELOPMENT AUTHORITY ASSESSMENT CARD FOR ONE HUNDRED DOLLARS
FROM THE AUTHORITY TO PROVIDE EVIDENCE TO THE STATE BOARD OF STOCK
INSPECTION COMMISSIONERS, BY AND THROUGH THE BRAND COMMISSIONER
OR A DESIGNATED AGENT THEREOF, AT THE TIME A BRAND INSPECTION
FEE IS COLLECTED AS PROVIDED IN SECTION 3541104, THAT
THE ASSESSMENT DUE PURSUANT TO PARAGRAPH (a) OF SUBSECTION (1)
OF THIS SECTION HAS BEEN COLLECTED. SUCH COLORADO HORSE DEVELOPMENT
AUTHORITY ASSESSMENT CARD SHALL BE VALID FOR A PERIOD OF ONE CALENDAR
YEAR.
(2) THE ASSESSMENT SHALL BE DIRECTLY DEPOSITED
BY THE LIVESTOCK INSPECTORS INTO AN ACCOUNT SPECIFIED BY THE COLORADO
HORSE DEVELOPMENT AUTHORITY BOARD. THE STATE BOARD OF STOCK INSPECTION
COMMISSIONERS IS AUTHORIZED TO BILL THE COLORADO HORSE DEVELOPMENT
AUTHORITY A FEE COLLECTED PURSUANT TO AGREEMENT BETWEEN THE STATE
BOARD OF STOCK INSPECTION COMMISSIONERS AND THE COLORADO HORSE
DEVELOPMENT BOARD. SUCH FEE SHALL NOT EXCEED TEN PERCENT OF THE
ASSESSMENT DETERMINED BY THE BOARD PURSUANT TO THIS SECTION.
3557.8110. Collection procedure.
(1) THE OPERATORS OF ALL STOCKYARDS AND LIVESTOCK AUCTION
MARKETS SHALL DEDUCT THE ASSESSMENT FROM THE PROCEEDS OF SALE
OWED BY THEM TO THE RESPECTIVE OWNERS OF HORSES 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 ASSESSMENTS
COLLECTED BY THEM PURSUANT TO SUBSECTION (1) OF THIS SECTION.
3557.8111. Refunds.
(1) ANY PERSON WHO HAS PAID AN ASSESSMENT AT THE TIME
OF BRAND INSPECTION AS REQUIRED BY SECTION 3537.8109
SHALL, UPON REQUEST, BE ENTITLED TO A REFUND OF SUCH ASSESSMENT
FROM THE BOARD WITHIN A REASONABLE TIME; EXCEPT THAT A PERSON
WHO HAS PURCHASED A COLORADO HORSE DEVELOPMENT AUTHORITY ASSESSMENT
CARD SHALL NOT BE ENTITLED TO A REFUND PURSUANT TO THIS SECTION.
(2) NOTWITHSTANDING ANY OTHER LAWS TO
THE CONTRARY, AND TO CARRY OUT THE INTENT OF THIS SECTION TO ENSURE
A REFUND, THE BOARD, EXCEPT AS PROVIDED BY SUBSECTION (3) OF THIS
SECTION, IS AUTHORIZED TO PROCESS CLAIMS FOR REFUND AND MAY MAKE
SUCH REFUNDS WITHOUT THE NECESSITY OF VERIFICATION OF PAYMENT
BY THE APPLICANT. THE REFUND SHALL BE BASED ONLY ON THE SIGNED
STATEMENT OF THE REFUND CLAIM AND OTHER INFORMATION AS IS CONTAINED
THEREON UNLESS OTHER INFORMATION OR VERIFICATION IS REQUIRED BY
SUBSECTION (3) OF THIS SECTION.
(3) THE BOARD, BEFORE PROCESSING AND MAKING
A REFUND, MAY REQUIRE ANY ADDITIONAL INFORMATION OR VERIFICATION
IT DEEMS NECESSARY TO DETERMINE THE VALIDITY OF THE CLAIM FOR
REFUND. THE BOARD MAY FILE AN ACTION TO RECOVER FROM ANY PERSON
A REFUND OF ASSESSMENTS ILLEGALLY OBTAINED.
(4) A CLAIM FOR REFUND SHALL BE SIGNED
BY THE PERSON WHO PAID THE CONTRIBUTION. ANY PERSON WHO FILES
A FRAUDULENT OR FALSE CLAIM FOR REFUND, WHO, BY ANY FALSE PRETENSES,
OBTAINS OR ATTEMPTS TO OBTAIN A REFUND NOT LEGALLY DUE SUCH PERSON,
OR WHO SIGNS A CLAIM FOR REFUND IN THE NAME OF AND FOR ANOTHER
PERSON COMMITS THEFT, AS DEFINED IN SECTION 184401,
C.R.S., AND SHALL BE PUNISHED ACCORDINGLY.
SECTION 8. 291102
(13), Colorado Revised Statutes, is amended to read:
291102. Definitions.
As used in this part 1, unless the context otherwise requires:
(13) "Local government" means
any authority, county, municipality, city and county, district,
or other political subdivision of the state of Colorado; any institution,
department, agency, or authority of any of the foregoing; and
any other entity, organization, or corporation formed by intergovernmental
agreement or other contract between or among any of the foregoing.
The office of the county public trustee shall be deemed an agency
of the county for the purposes of this part 1. "Local government"
does not include the Colorado postsecondary educational facilities
authority, the university of Colorado hospital authority, the
Colorado student obligation bond authority, the Colorado health
facilities authority, the Colorado housing and finance authority,
the Colorado agricultural development authority, the Colorado
sheep and wool authority, the Colorado beef council authority,
the Colorado horse development board
AUTHORITY, the fire and police pension association, any public
entity insurance or investment pool formed pursuant to state law,
any county or municipal housing authority, any association of
political subdivisions formed pursuant to section 291401,
or any home rule city or town, home rule city and county, cities
and towns operating under a territorial charter, school district,
or junior college district.
SECTION 9. 291602
(5) (b), Colorado Revised Statutes, is amended to read:
291602. Definitions.
As used in this part 6, unless the context otherwise requires:
(5) (b) Except for purposes of section
291603 (4), "local government" does not
include the fire and police pension association, any county or
municipal housing authority, any public entity insurance pool
formed pursuant to state law, the Colorado sheep and wool authority,
the Colorado beef council authority, the Colorado horse development
board
AUTHORITY, or any association of political subdivisions formed
pursuant to section 291401.
SECTION 10. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO