§ 35-28-114 — Disposition of money

(1) Any moneys collected by the
commissioner pursuant to this article shall be deposited in a bank or other
depository approved by the state treasurer, allocated to each marketing order
under which they are collected, and disbursed by the commissioner only for the
necessary expenses incurred by the board of control and the commissioner and
approved by the commissioner with respect to each such separate marketing order.
Funds so collected shall be deposited and disbursed in conformity with appropriate
rules and regulations prescribed by the commissioner. All such expenditures by the
commissioner shall be audited at least annually and a copy of such audit shall be
delivered within thirty days after the completion thereof to the governor and the
commissioner of agriculture.

(2) Any money remaining in the fund, allocable to any particular agricultural
commodity affected by a marketing order at the discretion of the commissioner,
may be refunded at the close of a marketing season, upon a pro rata basis, to all
persons from whom assessments were collected, or such portion of the money as
may be recommended by the board of control and approved by the commissioner
may be carried over into the next succeeding marketing season whenever the
commissioner finds that such money may be required to assist in defraying the cost
of operating the marketing order in the succeeding season. Upon termination by the
commissioner of a marketing order, any money remaining, and not required by the
commissioner to defray the expenses of the marketing order, shall be returned by
the commissioner, upon a pro rata basis, to all persons from whom assessments
were collected. If the commissioner finds that the amounts returnable are so small
as to make impractical the computation and remitting of such pro rata refund to
such persons, the commissioner may use the money in the fund to defray the
expenses incurred by the commissioner in the formulation, issuance, administration,
or enforcement of any subsequent marketing order for the commodity.

Legislative History

Source: L. 39: p. 203, � 9. CSA: C. 106, � 54. L. 51: p. 560, � 4. CRS 53: � 7-3-14. C.R.S. 1963: � 7-3-14. L. 2025: (2) amended, (HB 25-1084), ch. 24, p. 119, � 89, effective August 6.