Colorado § 35-28-114 - Disposition of money.

§ 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.

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.