reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57 - COLORADO BEEF COUNCIL (§§ 35-57-101 — 35-57-120) › Section 35-57-116 - Rules and regulations

The board is authorized to promulgate regulations necessary to carry out the intent and purposes of this article.
L. 93: Entire article amended with relocations, p. 1853, § 1, effective July 1.
This section is similar to former § 35-57-113 as it existed prior to 1993, and the former § 35-57-116 was relocated to §
35-57-118
.
For rule-making procedures, see article 4 of title 24.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57 - COLORADO BEEF COUNCIL (§§ 35-57-101 — 35-57-120) › Section 35-57-117 - Collection of fees for purposes of this article - custody and disbursement

(1)
(a)
In order for the board to carry out the provisions and intent of this article, the state board of stock inspection commissioners, by and through the brand commissioner, shall collect a beef board fee on cattle and calves that are sold for which a brand inspection fee is also collected as provided in section
35-41-104 (5)
. Commencing July 1, 1993, the fee shall not exceed one dollar per head or the amount assessed pursuant to the beef promotion and research order,
7 CFR 1260.172
, as amended, whichever is greater.
(b)
The fee set forth in paragraph (a) of this subsection (1) shall also be collected from any producer marketing cattle of that producer's own production in the form of beef or beef products to consumers, either directly or through retail or wholesale outlets, or for export purposes, and such producer shall remit to the brand commissioner the set fee per head of cattle or the equivalent thereof.
(c)
The fee assessed on each head of cattle sold pursuant to paragraph (b) of this subsection (1) shall not apply to cattle owned by a person if such person:
(I)
Certifies that the person's only share in the proceeds of a sale of cattle, beef, or beef product is a sales commission, handling fee, or other service fee;
(II)
Certifies that the person acquired ownership of the cattle to facilitate the transfer of ownership of such cattle from the seller to a third party;
(III)
Establishes that such cattle were resold not later than ten days after the date on which the person acquired ownership.
(2)
(a)
The beef board fee collected pursuant to subsection (1) of this section shall be kept separate and distinct from other moneys collected by the state board of stock inspection commissioners. At least once each two months, such fee shall be transferred or paid over to the board, less a sum not in excess of three percent per head on each animal for which a fee is collected.
(b)
The board shall utilize the moneys collected pursuant to subsection (1) of this section in carrying out the purposes of this article. In carrying out the purposes of this article, the board may coordinate its activities with any state agency and may allocate such sums collected under this section as are necessary for such coordination.
(3)
(Deleted by amendment, L. 93, p. 1853, § 1, effective July 1, 1993.)
L. 93: Entire article amended with relocations, p. 1853, § 1, effective July 1. L. 2000: (1) and (2) amended, p. 516, § 2, effective May 12.
This section is similar to former § 35-57-115 as it existed prior to 1993, and the former § 35-57-117 was relocated to §
35-57-119
.
For the brand inspection fee, see § 35-53-101 .
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57 - COLORADO BEEF COUNCIL (§§ 35-57-101 — 35-57-120) › Section 35-57-118 - Collection procedure

(1)
The operators of all stockyards, slaughterhouses, packing plants, and livestock auction markets shall deduct from the proceeds of sale owed by them to the respective owners of animals the beef board fee as authorized by section
35-57-117
.
(2)
When an operator sends or gives any written statement to an owner or such owner's agent relating to the proceeds owing such owner, the operator shall include a statement of the amount deducted from such proceeds for board purposes under section
35-57-117
and the amount deducted from such proceeds under article
53
of this title for brand inspection.
(3)
In accordance with the provisions of subsection (1) of this section, operators shall promptly pay to the state board of stock inspection commissioners all beef board fees collected by them.
L. 93: Entire article amended with relocations, p. 1854, § 1, effective July 1. L. 2000: (1) and (3) amended, p. 517, § 4, effective May 12.
This section is similar to former § 35-57-116 as it existed prior to 1993, and the former § 35-57-118 was relocated to §
35-57-120
.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57 - COLORADO BEEF COUNCIL (§§ 35-57-101 — 35-57-120) › Section 35-57-119 - Refunds

(1)
Any person who paid a beef board fee at the time of the brand inspection as required by section
35-57-117
shall be entitled to an eighty-five percent refund of such fee. A claim for a refund shall be made to the board of directors of the Colorado beef council authority, hereinafter referred to as the "board", within ten days after the date of the brand inspection.
(2)
Only the person who paid the fee shall submit a claim for a refund to the board. A written and signed request for a refund of such fee and a copy of the Colorado brand inspection certificate shall be required for such refund. A person may submit a claim by facsimile or by mail. The postmark date or the facsimile confirmation date shall be used to determine the timeliness of a claim.
(3)
The board, before processing or making a refund, may require any additional information or verification it deems necessary to determine the validity of the claim for such refund. All persons who forward claims for such refunds shall keep pertinent records for a period of at least three years and shall make such records available to the board upon request. The board may file an action to recover a refund of a fee from any person who has obtained such refund illegally.
(4)
Any person who files a fraudulent or false claim for a refund, or who by any false pretenses obtains or attempts to obtain a refund not legally due to such person, or who signs a refund claim in the name of and for another person commits theft, as defined in section
18-4-401
, C.R.S., and shall be punished according to law.
L. 93: Entire article amended with relocations, p. 1854, § 1, effective July 1. L. 2000: Entire section repealed, p. 518, § 5, effective May 12. L. 2003: Entire section RC&RE, p. 1046, § 2, effective August 6.
This section is similar to former § 35-57-117 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57 - COLORADO BEEF COUNCIL (§§ 35-57-101 — 35-57-120) › Section 35-57-120 - Payment of board money to authorized agent - deposits and withdrawals

Any person authorized by the board to receive or disburse funds as provided in this article shall post with the board surety bond in an amount the board determines sufficient, the cost or premium to be paid by the board.
L. 93: Entire article amended with relocations, p. 1855, § 1, effective July 1.
This section is similar to former § 35-57-118 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.5 - COLORADO SHEEP AND WOOL AUTHORITY (§§ 35-57.5-101 — 35-57.5-119) › Section 35-57.5-101 - Short title

This article shall be known and may be cited as the "Colorado Sheep and Wool Authority Act".
L. 93: Entire article amended with relocations, p. 1838, § 1, effective July 1.
The former § 35-57.5-101 was relocated to §
35-57.5-102
in 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.5 - COLORADO SHEEP AND WOOL AUTHORITY (§§ 35-57.5-101 — 35-57.5-119) › Section 35-57.5-102 - Legislative declaration

(1)
It is hereby declared to be in the interest of the public welfare that owners of sheep be authorized and encouraged to act jointly and in cooperation in promoting and stimulating, by research, education, advertising, and other methods, the increased and efficient production, distribution, use, and sale of sheep and sheep products. It is the intent and purpose of this article to authorize and provide a method and procedure for effectively correlating and encouraging the advancement of the sheep industry and the financing thereof pursuant to the powers of the general assembly as authorized by law. It is further declared that the sheep industry of this state is affected with a public interest in that the stabilization, maintenance, and expansion of the sheep industry of Colorado and of the state, nationwide, and foreign markets for its products are necessary to assure the consuming public an adequate supply of foods which are indispensable in a proper human diet and an adequate supply of animal fiber; to protect, for the state and its political subdivisions, a necessary source of tax revenue; to provide and maintain an adequate standard of living for a great segment of the population of this state; to maintain proper wage scales for those engaged in the sheep industry; and to maintain existing employment.
(2)
The purpose of this article is to enable the sheep industry to effectively correlate and encourage the advancement and improvement of its commodities.
L. 93: Entire article amended with relocations, p. 1838, § 1, effective July 1.
This section is similar to former § 35-57.5-101 as it existed prior to 1993, and the former § 35-57.5-102 was relocated to §
35-57.5-103
.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.5 - COLORADO SHEEP AND WOOL AUTHORITY (§§ 35-57.5-101 — 35-57.5-119) › Section 35-57.5-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Authority" means the Colorado sheep and wool authority created by section
35-57.5-104(1)
.
(1.5)
"Board" or "sheep and wool board" means the Colorado sheep and wool board.
(2)
"Commissioner" means the commissioner of agriculture.
(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.
L. 93: Entire article amended with relocations, p. 1839, § 1, effective July 1. L. 97: (3) to (5) added, p. 177, § 1, effective March 31.
This section is similar to former § 35-57.5-102 as it existed prior to 1993, and the former § 35-57.5-103 was relocated to §
35-57.5-105
.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.5 - COLORADO SHEEP AND WOOL AUTHORITY (§§ 35-57.5-101 — 35-57.5-119) › Section 35-57.5-104 - Colorado sheep and wool authority - creation

(1)
There is hereby created the Colorado sheep and wool authority, which shall be a body corporate and a political subdivision of the state. The authority shall not be an agency of state government, nor shall it be 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 self-insured property fund and by the department of personnel pursuant to part 15 of article
30
of title
24
, C.R.S.
L. 93: Entire article amended with relocations, p. 1839, § 1, effective July 1. L. 96: (1)(c) amended, p. 1543, § 137, effective June 1.
The former § 35-57.5-104 was relocated to §
35-57.5-106
in 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.5 - COLORADO SHEEP AND WOOL AUTHORITY (§§ 35-57.5-101 — 35-57.5-119) › Section 35-57.5-105 - 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 twelve members and twelve alternates who raise, breed, grow, or feed sheep and wool or lambs for sheep production.
(2)
The board members and alternates shall be appointed as follows:
(a)
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)
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 those counties not in districts 1 to 3, which shall be known as district 4;
(e)
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 at-large producer members shall also be a reflection of the proportion of fees paid by producers in each district within the state.
(3)
Each member and alternate of the board shall be appointed by the commissioner from nominations received from producers or producers' organizations in the district in which the member or alternate resides or has a principal place of business.
(4)
(Deleted by amendment, L. 93, p. 1839, § 1, effective July 1, 1993.)
L. 93: Entire article amended with relocations, p. 1839, § 1, effective July 1. L. 97: (1) and (2) amended, p. 177, § 2, effective March 31. L. 98: IP(2) amended, p. 828, § 48, effective August 5.
This section is similar to former § 35-57.5-103 as it existed prior to 1993, and the former § 35-57.5-105 was relocated to §
35-57.5-107
.
For additional duties of the board, see § 35-40-205 .
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.5 - COLORADO SHEEP AND WOOL AUTHORITY (§§ 35-57.5-101 — 35-57.5-119) › Section 35-57.5-106 - Qualifications of members and alternates

(1)
Each member and alternate of the board shall have the following qualifications, which shall continue during such person's term of office:
(a)
The person shall be a citizen of the United States.
(b)
The person shall be a bona fide resident of the state of Colorado and reside or maintain a principal place of business in the district from which the person is appointed.
(c)
The person shall have demonstrated, through membership in a sheep producers' organization or an organization representing this type of production or business or through public or other service, an active interest in the development of the sheep industry of Colorado.
(d)
The person shall have been actively engaged in the raising, breeding, or growing of sheep for a period of at least three years and shall derive a substantial proportion of his or her income from that type of production or business.
L. 93: Entire article amended with relocations, p. 1840, § 1, effective July 1.
This section is similar to former § 35-57.5-104 as it existed prior to 1993, and the former § 35-57.5-106 was relocated to §
35-57.5-108
.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.5 - COLORADO SHEEP AND WOOL AUTHORITY (§§ 35-57.5-101 — 35-57.5-119) › Section 35-57.5-107 - Terms of members and alternates

(1)
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 three-year terms.
(2)
Upon the expiration of the term of a member and such member's alternate as provided in subsection (1) of this section, their reappointment or successors shall be appointed by the commissioner for a term of three years; except that, in the case of a vacancy of a member, such member's appointed alternate shall serve the balance of the member's unexpired term, and, in the case of a vacancy of an alternate, the commissioner shall appoint a person as provided in section
35-57.5-105(3)
who shall serve for the unexpired term.
L. 93: Entire article amended with relocations, p. 1840, § 1, effective July 1. L. 97: (1) amended, p. 178, § 3, effective March 31.
This section is similar to former § 35-57.5-105 as it existed prior to 1993, and the former § 35-57.5-107 was relocated to §
35-57.5-109
.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.5 - COLORADO SHEEP AND WOOL AUTHORITY (§§ 35-57.5-101 — 35-57.5-119) › Section 35-57.5-108 - Declaring office of member or alternate vacant

The commissioner shall immediately declare the office of any member or alternate of the board vacant whenever the commissioner finds that: The member or alternate no longer is actively engaged in the production of sheep; the member or alternate has become a resident of another state; or the member or alternate is unable to perform the duties of the office.
L. 93: Entire article amended with relocations, p. 1841, § 1, effective July 1.
This section is similar to former § 35-57.5-106 as it existed prior to 1993, and the former § 35-57.5-108 was relocated to §
35-57.5-110
.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.5 - COLORADO SHEEP AND WOOL AUTHORITY (§§ 35-57.5-101 — 35-57.5-119) › Section 35-57.5-109 - Removal of member or alternate

(1)
The commissioner may remove any member or alternate of the board for inefficiency, neglect of duty, or misconduct in office. Such member or alternate shall be entitled to a public hearing before the board with the commissioner presiding, after service upon the member or alternate ten days before the hearing of a copy of the charges against the member or alternate together with a notice of the time and place of the hearing. At the hearing, the member or alternate shall be given an opportunity to be heard in person or by counsel and shall be permitted to present evidence to answer the charges and explain the facts alleged.
(2)
In every case of removal, the commissioner shall file in the office of the secretary of state a complete statement of all charges against the member or alternate and the commissioner's findings thereon, together with a record of the entire proceedings had in connection therewith.
L. 93: Entire article amended with relocations, p. 1841, § 1, effective July 1.
This section is similar to former § 35-57.5-107 as it existed prior to 1993, and the former § 35-57.5-109 was relocated to §
35-57.5-111
.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.5 - COLORADO SHEEP AND WOOL AUTHORITY (§§ 35-57.5-101 — 35-57.5-119) › Section 35-57.5-110 - Expenses of members, alternates, and employees

Members, alternates, officers, and employees of the board may receive compensation for actual and necessary travel and other actual expenses incurred in the performance of their official duties. The board shall adopt uniform and reasonable regulations governing the incurring and paying of such expenses.
L. 93: Entire article amended with relocations, p. 1841, § 1, effective July 1.
This section is similar to former § 35-57.5-108 as it existed prior to 1993, and the former § 35-57.5-110 was relocated to §
35-57.5-112
.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.5 - COLORADO SHEEP AND WOOL AUTHORITY (§§ 35-57.5-101 — 35-57.5-119) › Section 35-57.5-111 - Meeting place

The board shall establish a meeting place anywhere within this state, but the selection of the location shall be guided by consideration for the convenience of a majority of those most likely to have business with the board or to be affected by its acts.
L. 93: Entire article amended with relocations, p. 1842, § 1, effective July 1.
This section is similar to former § 35-57.5-109 as it existed prior to 1993, and the former § 35-57.5-111 was relocated to §
35-57.5-113
.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.5 - COLORADO SHEEP AND WOOL AUTHORITY (§§ 35-57.5-101 — 35-57.5-119) › Section 35-57.5-112 - Meetings

The first board appointed shall meet as soon as practicable for the purpose of organizing. It shall elect a chairman from among its members and a secretary-treasurer who may or may not be from among its members. It shall adopt a general statement of policy for guidance and shall transact such other business as is necessary to start the work of the board. Thereafter, the board shall meet regularly once each three months or at such other times as called by the chairman. The chairman may call special meetings at any time and shall call a special meeting when requested by three or more members of the board.
L. 93: Entire article amended with relocations, p. 1842, § 1, effective July 1.
This section is similar to former § 35-57.5-110 as it existed prior to 1993, and the former § 35-57.5-112 was relocated to §
35-57.5-114
.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.5 - COLORADO SHEEP AND WOOL AUTHORITY (§§ 35-57.5-101 — 35-57.5-119) › Section 35-57.5-113 - Duties and powers of the board

(1)
The board may:
(a)
Conduct or contract for scientific research to discover and develop the commercial value of sheep and sheep products;
(b)
Disseminate reliable information founded upon the research undertaken under this article, showing the uses or probable uses of sheep and sheep products;
(c)
Study state and federal legislation with respect to tariffs, duties, reciprocal trade agreements, import quotas, and other matters of trade concerning the sheep industry;
(d)
Sue and be sued as a board, without individual liability, for acts of the board within the scope of the powers conferred upon it by this article;
(e)
Enter into contracts which it deems appropriate to the carrying out of the purposes of the board as authorized by this article;
(f)
Make grants to research agencies for the financing of special or emergency studies or for the purchase or acquisition of facilities necessary to carry out the purposes of the board as authorized by this article;
(g)
Appoint subordinate officers and employees of the board and prescribe their duties and fix their compensation;
(h)
Cooperate with and enter into contracts with any local, state, or nationwide organization or agency engaged in work or activities similar to those of the board and enter into contracts with such organizations or agencies for carrying on joint programs;
(i)
Act jointly and in cooperation with the federal government or any agency thereof in the administration of any program of the government or of a governmental agency deemed by the board to be beneficial to the sheep industry of this state and expend funds in connection therewith if such program is compatible with the powers conferred by this article;
(j)
Adopt, rescind, modify, or amend all proper regulations, orders, and resolutions for the exercise of its powers and duties; and
(k)
Enter into contracts for the promotion of sheep and for the development of new markets through such promotion.
(2)
The board shall establish a license fee for the purpose of funding the services provided to the sheep industry by the board and for funding the activities of the board performed pursuant to the provisions of this article.
L. 93: Entire article amended with relocations, p. 1842, § 1, effective July 1.
This section is similar to former § 35-57.5-111 as it existed prior to 1993, and the former § 35-57.5-113 was relocated to §
35-57.5-116
.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.5 - COLORADO SHEEP AND WOOL AUTHORITY (§§ 35-57.5-101 — 35-57.5-119) › Section 35-57.5-114 - Acceptance of grants and gifts

The board may accept grants, donations, contributions, or gifts from any source for expenditures in connection with any purpose consistent with the powers conferred on the board.
L. 93: Entire article amended with relocations, p. 1843, § 1, effective July 1.
This section is similar to former § 35-57.5-112 as it existed prior to 1993, and the former § 35-57.5-114 was relocated to §
35-57.5-118
.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.5 - COLORADO SHEEP AND WOOL AUTHORITY (§§ 35-57.5-101 — 35-57.5-119) › Section 35-57.5-115 - Rules and regulations

The board is authorized to promulgate regulations necessary to carry out the intent and purposes of this article.
L. 93: Entire article amended with relocations, p. 1843, § 1, effective July 1.
The former § 35-57.5-115 was relocated to §
35-57.5-119
.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.5 - COLORADO SHEEP AND WOOL AUTHORITY (§§ 35-57.5-101 — 35-57.5-119) › Section 35-57.5-117 - 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
35-57.5-116
or to knowingly falsify any document furnished in connection with such a payment or remission.
L. 93: Entire article amended with relocations, p. 1844, § 1, effective July 1. L. 97: Entire section amended, p. 180, § 5, effective March 31.
This section is similar to former § 35-57.5-113.5 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.5 - COLORADO SHEEP AND WOOL AUTHORITY (§§ 35-57.5-101 — 35-57.5-119) › Section 35-57.5-118 - Enforcement

(1)
The board shall be responsible for the enforcement of this article.
(2)
Any assessment levied in such specified amount as may be determined by the board pursuant to the provisions of section
35-57.5-116
shall constitute a personal debt of every person so assessed and shall be due and payable to the authority when payment is called for by the board.
(3)
Upon the failure of such person to pay any such assessment upon the date determined by the board, the board may recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
(4)
Whenever it appears to the board, upon sufficient evidence satisfactory to the board, that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule or of any order promulgated under this article, the board may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order under this article. In any such action, the board shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the board to post a bond.
(5)
(a)
Any person who violates any provision of this article or any regulation made pursuant to this article is subject to a civil penalty, as determined by the board. The maximum penalty shall not exceed one thousand dollars per violation.
(b)
No civil penalty may be imposed unless the person charged was given notice and opportunity for a hearing pursuant to article
4
of title
24
, C.R.S.
(c)
If the board is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the board, the board may recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
(d)
Whenever the board is found to have lacked substantial justification to impose a civil penalty, the person charged may recover such person's costs and attorney fees from the authority.
(e)
Moneys collected from any civil penalties under the provisions of this section shall be paid to the authority, who shall use such funds to defray the costs of the administration of this article.
(f)
Before imposing any civil penalty, the board may consider the effect of such penalty on the ability of the person charged to stay in business.
(6)
(Deleted by amendment, L. 93, p. 1844, § 1, effective July 1, 1993.)
L. 93: Entire article amended with relocations, p. 1844, § 1, effective July 1.
This section is similar to former § 35-57.5-114 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.5 - COLORADO SHEEP AND WOOL AUTHORITY (§§ 35-57.5-101 — 35-57.5-119) › Section 35-57.5-119 - Refunds

(1)
Unless otherwise specified in this article, there shall be no refunds of assessments.
(2)
Any sheep producer or lamb feeder who has paid an assessment as required by section
35-57.5-116
shall be entitled to a prompt refund of seventy-five percent of such assessment from the board. Claim for refund shall be made to the board within thirty days after the date of payment of the assessment or thirty days after the due date of the assessment, whichever is later, on a form furnished by the board.
(3)
Notwithstanding any other laws to the contrary and to carry out the intent of this section to insure prompt refund, the board, except as provided by subsection (4) of this section, is authorized to expeditiously process claims for refund. The refund shall be based on the signed statement of the refund claim and any other information that is attached thereto unless other information or verification is required by subsection (4) of this section.
(4)
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. All persons who forward claims for refund shall keep pertinent records for a period of at least three years, which shall be available for audit by the board. The board may file an action to recover from any person a refund of assessment illegally obtained.
(5)
The claim for refund shall be signed by the person who paid the assessment. Any person who files a fraudulent or false claim for refund, or who, by any false pretenses, obtains or attempts to obtain a refund not legally due him, or who signs a refund claim in the name of and for another person commits theft, as defined in section
18-4-401
, C.R.S., and shall be punished accordingly.
L. 93: Entire article amended with relocations, p. 1845, § 1, effective July 1. L. 97: (2) amended, p. 180, § 6, effective March 31.
This section is similar to former § 35-57.5-115 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.8 - COLORADO HORSE DEVELOPMENT BOARD (§§ 35-57.8-101 — 35-57.8-111) › Section 35-57.8-101 - Short title

This article shall be known and may be cited as the "Colorado Horse Development Authority Act".
L. 95: Entire article added, p. 998, § 1, effective July 1. L. 98: Entire section amended, p. 1258, § 2, effective June 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.8 - COLORADO HORSE DEVELOPMENT BOARD (§§ 35-57.8-101 — 35-57.8-111) › Section 35-57.8-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Authority" means the Colorado horse development authority created by section
35-57.8-103(2)
.
(2)
"Board" means the board of directors of the Colorado horse development authority created by section
35-57.8-104(1)
.
(3)
"Commissioner" means the commissioner of agriculture.
L. 95: Entire article added, p. 998, § 1, effective July 1. L. 98: Entire section amended, p. 1258, § 3, effective June 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.8 - COLORADO HORSE DEVELOPMENT BOARD (§§ 35-57.8-101 — 35-57.8-111) › Section 35-57.8-103 - 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.
(2)
There is hereby created the Colorado horse development authority that is 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:
(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 self-insured property fund and by the department of personnel pursuant to part 15 of article
30
of title
24
, C.R.S.
L. 95: Entire article added, p. 998, § 1, effective July 1. L. 96: (1)(c) amended, p. 1543, § 138, effective June 1. L. 98: Entire section amended, p. 1259, § 4, effective June 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.8 - COLORADO HORSE DEVELOPMENT BOARD (§§ 35-57.8-101 — 35-57.8-111) › Section 35-57.8-104 - Colorado horse development authority - board of directors - members - terms

(1)
(a)
The powers of the authority shall be vested in a board of directors, which shall be composed of:
(I)
Five representatives of five different horse organizations in this state;
(II)
One representative of a state horse show association;
(III)
One representative of a state veterinary association;
(IV)
One representative of a university equine extension service;
(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;
(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 three-year terms. The terms of no more than five members shall 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.
L. 95: Entire article added, p. 999, § 1, effective July 1. L. 98: Entire section amended, p. 1259, § 5, effective June 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.8 - COLORADO HORSE DEVELOPMENT BOARD (§§ 35-57.8-101 — 35-57.8-111) › Section 35-57.8-105 - Qualifications of members

(1)
Each board member shall meet the following qualifications at the time of appointment and throughout the member's term of office:
(a)
Citizenship of the United States;
(b)
Residency in this state;
(c)
Demonstration of an active interest in the development of the horse industry in Colorado.
(2)
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 section or that the member is unable to perform the duties of the office.
L. 95: Entire article added, p. 999, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.8 - COLORADO HORSE DEVELOPMENT BOARD (§§ 35-57.8-101 — 35-57.8-111) › Section 35-57.8-106 - Expenses - rules

Members shall serve without compensation except for their actual and necessary travel and other expenses incurred in the performance of their official duties. Employees of the board may receive their actual and necessary travel and other expenses incurred in the performance of their official duties. The board shall adopt reasonable rules governing the incurrence and payment of expenses.
L. 95: Entire article added, p. 999, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.8 - COLORADO HORSE DEVELOPMENT BOARD (§§ 35-57.8-101 — 35-57.8-111) › Section 35-57.8-107 - Duties and powers of the board

(1)
The board shall:
(a)
Adopt policies concerning horse promotion in this state;
(b)
Adopt an education program concerning the health, care, and welfare of horses;
(c)
Develop, adopt, and implement a process to fund the activities and responsibilities of the board.
(2)
The board may:
(a)
Sue and be sued as a board, without individual liability, for acts of the board within the scope of the powers conferred on the board by this article;
(b)
Enter into contracts that it deems appropriate to carry out the purposes of the board as authorized by this article;
(c)
Appoint an advisory committee to assist the board in developing and promoting the horse industry by recommending programs, policies, and structures;
(d)
Appoint subordinate officers and employees of the board and prescribe their duties and fix their compensation;
(e)
Cooperate with any local, state, or nationwide organization or agency engaged in work or activities similar to that of the board and enter into contracts with the organizations or agencies for carrying out joint programs;
(f)
Provide for conducting and overseeing a horse survey on the economic impact of the horse industry on this state;
(g)
Adopt rules as necessary to administer and carry out the intent and purposes of this article.
(3)
The board shall contract for the implementation of horse education and promotion programs with a horse industry organization that operates statewide to promote and protect the interests of the horse industry and that represents the interests of all types of horse uses and breeds. The board shall oversee the activities of the organization and the expenditure of moneys by the organization to implement the programs.
L. 95: Entire article added, p. 1000, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.8 - COLORADO HORSE DEVELOPMENT BOARD (§§ 35-57.8-101 — 35-57.8-111) › Section 35-57.8-108 - Acceptance of grants and gifts - horse development fund

(1)
The board may accept grants, donations, contributions, or gifts from any source for expenditures for any purpose consistent with the powers of the board.
(2)
The horse development fund is abolished, and any moneys in the fund as of June 30, 1998, shall revert to the general fund.
L. 95: Entire article added, p. 1001, § 1, effective July 1. L. 98: (2) amended, p. 1260, § 6, effective June 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.8 - COLORADO HORSE DEVELOPMENT BOARD (§§ 35-57.8-101 — 35-57.8-111) › Section 35-57.8-109 - 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
35-41-104
. 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
35-41-104
, 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.
L. 98: Entire section added, p. 1260, § 7, effective June 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.8 - COLORADO HORSE DEVELOPMENT BOARD (§§ 35-57.8-101 — 35-57.8-111) › Section 35-57.8-110 - 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
35-57.8-109
.
(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
35-57.8-109
.
(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.
L. 98: Entire section added, p. 1260, § 7, effective June 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.8 - COLORADO HORSE DEVELOPMENT BOARD (§§ 35-57.8-101 — 35-57.8-111) › Section 35-57.8-111 - Refunds

(1)
Any person who has paid an assessment at the time of brand inspection as required by section
35-57.8-109
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
18-4-401
, C.R.S., and shall be punished accordingly.
L. 98: Entire section added, p. 1260, § 7, effective June 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.9 - CONFIDENTIALITY OF LIVESTOCK INFORMATION (§§ 35-57.9-101 — 35-57.9-104) › Section 35-57.9-101 - Short title

This article shall be known and may be cited as the "Livestock Information Security Act".
L. 2008: Entire article added, p. 678, § 2, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 57.9 - CONFIDENTIALITY OF LIVESTOCK INFORMATION (§§ 35-57.9-101 — 35-57.9-104) › Section 35-57.9-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"All-hazards security system" means a comprehensive data management system administered by the department in order to prevent, detect, respond to, mitigate, and manage the recovery of any livestock health and safety issues including, but not limited to, outbreaks of disease and injury sustained as a result of natural disasters. The system may compile and use data from sources including, but not limited to, the United States department of agriculture, geographic information systems and spatial modeling, the United States department of homeland security, the state board of stock inspection commissioners, the state veterinarian, the livestock industry, and laboratory tests performed by the department or external entities.
(2)
"Commissioner" means the commissioner of agriculture.
(3)
"Department" means the department of agriculture.
(4)
"Livestock" means cattle, sheep, goats, bison, swine, mules, poultry, horses, donkeys, alternative livestock as defined in section
35-41.5-102
, and all other bovine, camelid, caprine, equine, ovine, avian, and porcine animals raised or kept for profit.
(5)
"Person in interest" has the meaning set forth in section
24-72-202
, C.R.S.
L. 2008: Entire article added, p. 678, § 2, effective August 5.