2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PET ANIMAL CARE (§§ 35-80-101 — 35-81-102) › Article 80 - PET ANIMAL CARE AND FACILITIES ACT (§§ 35-80-101 — 35-80-117) › Section 35-80-116.5 - Pet overpopulation authority - creation - duties and powers - pet overpopulation fund

(1)
There is hereby created the Colorado pet overpopulation authority, also referred to in this section as the "authority", which shall be a body corporate and a political subdivision of the state. The authority is not an agency of state government and is not subject to administrative direction by any state agency except as provided in this article.
(2)
(a)
The powers of the Colorado pet overpopulation authority shall be vested in a board of directors consisting of the following:
(I)
One representative of the animal assistance foundation or its successor organization;
(II)
One representative of the Colorado federation of animal welfare agencies or its successor organization;
(III)
One representative of a state veterinary medical association;
(IV)
One representative of an association organized for Colorado animal control officers;
(V)
One representative from the department of agriculture;
(VI)
One member from an animal rescue organization;
(VII)
One member of the general public with an interest in animal welfare; and
(VIII)
One representative of western Colorado.
(b)
The commissioner shall appoint the board members to three-year terms; except that three of the members appointed on September 1, 2001, shall serve an initial term of two years. Each member shall serve at the pleasure of the commissioner and shall continue in office until the member's successor is appointed and qualified. Initial members of the authority shall be appointed no later than September 1, 2001.
(c)
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.
(3)
(a)
Each board member shall meet the following qualifications at the time of appointment and throughout the member's term of office:
(I)
Residency in this state; and
(II)
Demonstration of an active interest in the education of the community regarding the benefits of pet overpopulation control in Colorado.
(b)
The commissioner shall immediately declare the office of any member of the board vacant whenever the commissioner finds that the member is not qualified under this subsection (3) or that the member is unable to perform the duties of the office.
(c)
Members shall serve without compensation for any service provided to the Colorado pet overpopulation authority. Members shall not receive any reimbursement from the board for any expenses incurred fulfilling their responsibilities pursuant to this section.
(4)
The board may:
(a)
Adopt an education program concerning pet overpopulation with emphasis on the importance of spaying and neutering to control pet overpopulation;
(b)
Develop, adopt, and implement a process to fund and expend moneys for the activities and responsibilities of the board. Funding for the board includes the moneys available in the pet overpopulation fund created in subsection (5) of this section.
(c)
Accept gifts, grants, and donations, including personal services, for the activities and responsibilities of the board. Any gift, grant, or donation other than personal services shall be deposited into the pet overpopulation fund created in subsection (5) of this section.
(d)
Develop, adopt, and implement a cooperative process to work with local veterinarians, licensed animal shelters, and local communities concerning animal sheltering and pet overpopulation control in this state.
(5)
(a)
Donations collected pursuant to subsection (4) of this section and section
39-22-2201
, C.R.S., shall be transmitted to the state treasurer and credited to the pet overpopulation fund, which fund is hereby created in the state treasury. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund.
(b)
All unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and not revert back to the general fund or any other fund or be used for any purpose other than the purposes set forth in this section. Such moneys shall be appropriated continually to the state treasurer, who shall transfer all available moneys in the pet overpopulation fund to the pet overpopulation authority at least quarterly unless the board expressly requests otherwise. The board shall expend moneys from the pet overpopulation fund for the implementation of this section.
(c)
When expending funds to implement this section, the Colorado pet overpopulation authority shall give priority to the areas that have an insufficient number of pet animal veterinary resources to adequately meet local needs.
(d)
There is hereby created in the pet overpopulation fund the adopt a shelter pet account, which consists of moneys donated to qualify for the adopt a shelter pet special license plate pursuant to section
42-3-234
, C.R.S.
(e)
The authority shall use the moneys in the adopt a shelter pet account to support the spay and neutering and other medical costs of animals in animal shelters and rescues or to support overpopulation education programs; except that up to ten percent of the moneys in the adopt a shelter pet account may be used for the administration of the account.
(6)
Except as provided in section
42-3-234
, C.R.S., the Colorado pet overpopulation authority, created pursuant to this section, shall not be funded by or through any state agency.
(7)
Nothing in this section shall be construed to authorize the Colorado pet overpopulation authority to promulgate rules to implement this section.
L. 2001: Entire section added, p. 1053, § 1, effective August 8. L. 2010: (2)(a) and (6) amended and (5)(d) and (5)(e) added, (HB 10-1214), ch. 394, pp. 1871, 1872, §§ 1, 2, effective August 11.