Colorado § 35-50-115 - Cervidae disease revolving fund - creation - assessments - indemnification of owners of cervidae.

§ 35-50-115. Cervidae disease revolving fund - creation - assessments - indemnification of owners of cervidae.

(1) (a) The commission may levy an assessment on the owners of alternative livestock cervidae or captive wildlife cervidae, which shall be transmitted to the state treasurer, who shall credit the same to the cervidae disease revolving fund, which fund is hereby created. The commission shall determine the assessment. The assessment must be in an amount, not to exceed eight dollars per head of cervidae per year, reflecting the direct and indirect expenses of carrying out the purposes of this section. The commission shall administer the fund, which must be maintained at a level of no more than two hundred thousand dollars. Administration of the fund includes setting a minimum reserve level for the fund. The commission shall not levy or collect an assessment on cervidae owned by a zoological park that is accredited by the American zoo and aquarium association. A zoological park that does not pay into the fund is not eligible for indemnification pursuant to this section.

(b) If the fund reaches a level of two hundred thousand dollars or more, the commission shall cease making any assessments until such time as the level of the fund falls below two hundred thousand dollars and the commission determines that a levy is necessary.

(2) (a) The moneys in the fund may be used to indemnify owners of cervidae destroyed for the control of contagious and infectious diseases.

(b) Combined state and federal indemnity must not exceed eighty percent of market value of the destroyed cervidae, as determined by the commission.

(c) The amount of indemnification payments to owners of cervidae destroyed under order of the state veterinarian for the control of contagious and infectious disease shall be determined by the commission.

(3) All moneys credited to the fund and all interest earned on the investment of moneys in the fund shall be a part of the fund and shall not be transferred or credited to the general fund or to any other fund except as directed by the general assembly, acting by bill. Moneys in the fund are hereby continuously appropriated to the commission for direct and indirect expenses incurred in carrying out the purposes of this section.

(4) Repealed.

Source: L. 2005: Entire article R&RE, p. 457, § 1, effective December 1. L. 2020: (1)(a), (2)(b), and (2)(c) amended, (SB 20-136), ch. 70, p. 296, § 46, effective September 14. L. 2025: (4) added, (SB 25-264), ch. 129, p. 509, § 44, effective April 25.

Editor's note: (1) This section is similar to former § 35-50-114.5 as it existed prior to 2005.

(2) Subsection (4)(b) provided for the repeal of subsection (4), effective July 1, 2026. (See L. 2025, p. 509.)

Cross references: For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.