§ 35-43-115 — Assessment of brands - rules

(1) (a) To revise and disencumber
the brand records of unused brands and to provide revenues with which to publish
new brand books and otherwise assist in the operational cost of the division of
brand inspection, the state board of stock inspection commissioners has the
authority to impose an assessment and, when applicable, a late fee in an amount
determined by the board by rule on every brand recorded in the office of the board
on or before January 1, 2002, to cover the five-year period beginning on January 1,
2002, and ending on December 31, 2006, and like assessments covering every five
years thereafter; except that, notwithstanding any other requirement of this
section:

(I) The board may temporarily change the period of a brand's assessment to
one, two, three, or four years so that approximately equal numbers of brands are
subsequently assessed for five-year periods in each successive five-year period;
and

(II) If the period of an assessment is changed pursuant to subparagraph (I) of
this paragraph (a):

(A) The fee for the shortened assessment period shall be proportionately
decreased; and

(B) The subsequent assessment period shall revert to five years.

(b) It is the duty of the board to notify every owner of a recorded brand of the
assessment authorized by paragraph (a) of this subsection (1) through the United
States mail by letter addressed to the owner at the owner's post-office address as
given in the brand records. The assessment shall be due and payable within ninety
days after January 1 of the assessment year. If any owner of a recorded brand fails
or refuses to pay the assessment within the ninety days, the board may mail a
second notice by certified mail and impose a late fee. If, within ninety days after the
second mailing, any owner of a recorded brand fails or refuses to pay such
assessment and late fee, the brand shall be canceled from the valid registry of
livestock brands in the office of the board and may be reissued and recorded as a
new brand after the expiration of three years from the date of such cancellation.
The board shall give a receipt for any such payment.

(2) Repealed.

(3) As to any brand recorded prior to the beginning of any assessment
period, the state board of stock inspection commissioners shall require one
payment of all assessments for the entire five-year period. As to any brand
recorded on or after the commencement of any assessment period, the state board
of stock inspection commissioners shall make the assessment for the year or
fractional part of the year in which the brand is recorded and for the remaining
years within that five-year period and shall require one payment of all such
assessments.

(4) All moneys collected by the state board of stock inspection
commissioners from brand assessments shall be credited to a separate account
within the brand inspection fund to be known as the brand assessment account. All
moneys credited to such account and all interest earned on investments from
moneys credited to such account shall be a part of the brand assessment account
and shall be available for appropriation by the general assembly for purposes
provided by law.

Legislative History

Source: L. 13: p. 146, � 16. L. 19: p. 508, � 1. C.L. � 3133. L. 27: p. 663, � 1. CSA: C. 160, � 17. CRS 53: � 8-2-15. L. 55: p. 156, � 4. L. 61: p. 178, � 1. C.R.S. 1963: � 8-2-15. L. 65: p. 222, � 1. L. 67: p. 142, � 3. L. 73: p. 219, � 3. L. 76: Entire section R&RE, p. 747, � 1, effective May 7. L. 77: (4) added, p. 1612, � 1, effective July 1. L. 79: (1) amended, p. 1332, � 1, effective May 18. L. 81: (2) amended, p. 1709, � 2, effective July 1. L. 89: (1) and (2) amended, p. 1404, � 2, effective May 2. L. 98: (1) and (3) amended, p. 264, � 3, effective August 5. L. 2004: (1) amended, p. 648, � 8, effective July 1. L. 2007: IP(1)(a) and (1)(b) amended, p. 646, � 1, effective April 26.