C.R.S. § 35-57.8-101 Short title
35-57.8-101. Short title. This article shall be known and may be cited as the "Colorado Horse Development Authority Act".
Colorado Horse Development Authority
C.R.S. tit. 35, art. 57.8
in effectC.R.S. § 35-57.8-102 Definitions
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.
C.R.S. § 35-57.8-103 Legislative declaration - Colorado horse development authority - creation
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.
C.R.S. § 35-57.8-104 Colorado horse development authority - board of directors - members - terms
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.
C.R.S. § 35-57.8-105 Qualifications of members
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.
C.R.S. § 35-57.8-106 Expenses - rules
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.
C.R.S. § 35-57.8-107 Duties and powers of the board
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.
C.R.S. § 35-57.8-108 Acceptance of grants and gifts - horse development fund
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.
C.R.S. § 35-57.8-109 Horse promotion authority assessment
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.
C.R.S. § 35-57.8-110 Collection procedure
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.
C.R.S. § 35-57.8-111 Refunds
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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-35.docxFetched: 10/6/2026