Digest of Bills - 2001

AGRICULTURE

S.B. 01-112
Livestock - public livestock markets - continuation of licensing under sunset law. Extends the automatic termination date of the licensing of public livestock markets by the state board of stock inspection commissioners in the department of agriculture to July 1, 2010, pursuant to the provisions of the sunset law.

APPROVED by Governor March 28, 2001
EFFECTIVE March 28, 2001

S.B. 01-131 Animals - pet animal care and facilities - feline hobby breeders - animal shelter - holding periods. Clarifies that an owner, breeder, handler, or trainer while transporting a pet animal to or from a sanctioned exhibition or competition need not be licensed. Clarifies that a feline hobby breeder may breed up to 3 litters of kittens or 24 cats per year.

        Allows an animal shelter to be the steward of stray animals for the purposes of providing prophylactic veterinary care. Allows the supervisor of an animal shelter to determine if an animal is suffering or experiencing extreme pain for the purposes of euthanasia. Reduces the minimum time an animal may be held in an animal shelter from 5 days to 3 days if the animal is without identification and the shelter supervisor determines the shelter has no additional resources for such pet animal or that such pet animal is dangerous.

APPROVED by Governor June 5, 2001
EFFECTIVE June 5, 2001

H.B. 01-1020 Crops produced outside of state - market orders - assessments. Authorizes the commissioner to amend a marketing order to require a handler to pay, or collect and pay, an assessment if the commissioner determines that wheat, corn, or dry edible beans produced in another state prevent the effectuation of the policy of the "Colorado Agricultural Marketing Act of 1939" (Act), and that the effectuation of the Act would be furthered by the collection of assessments on such products shipped into this state.

        Subjects wheat, corn, and dry edible beans sold or marketed in this state that are produced outside of this state to an assessment. Requires persons engaged in the business of agricultural products to collect and pay assessments for those products produced, sold, or marketed in this state. Adds those commodities distributed or processed to those handled when determining the gross dollar volume on which the assessment is calculated.

        Amends the definition of "handler" to include those producers, owners, and agents who ship products outside the area covered by marketing agreements or orders as well as any governmental entity that obtains an interest in an agricultural commodity covered by a marketing agreement or marketing order. Authorizes the commissioner of agriculture to determine who is a handler.

APPROVED by Governor February 12, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1086 Department of agriculture - agriculture value-added development board - tax credit, grant, loan, loan guarantee, and equity investment program - appropriation. For tax years commencing on or after January, 1, 2001, creates the agriculture value-added development fund program to be implemented by a newly created entity known as the Colorado agricultural value-added development board ("board") in the department of agriculture. Authorizes the board to make grants, loans and loan guarantees, and equity investments and to offer tax credits to eligible agricultural value-added cooperatives for new or ongoing rural agricultural business projects or for the purchase of existing, established agricultural business projects that add value to agricultural products and aid the economy of a rural community. Also allows the board to offer tax credits to agricultural businesses other than eligible agriculture value-added cooperatives so long as such agricultural businesses comply with the criteria established by the board, add value to agricultural products, and aid the economy of a rural community.

        Sets out the criteria the board shall use and requires the board to establish additional criteria to determine eligibility for agriculture value-added cooperatives to receive a grant, loan, loan guarantee, equity investment, or tax credit. Creates a temporary income tax credit for members of eligible agriculture value-added cooperatives in an amount equal to the lesser of 50% of such member's investment or $15,000, up to a maximum amount per project of $1,500,000. Requires the member to apply for the income tax credit through the board.

        Limits the aggregate amount of income tax credits certified by the authority to no more than $4,000,000 per fiscal year. Requires the authority to certify at least 10% of the tax credits in any fiscal year to projects with capital costs of no more than $1,000,000. Creates a temporary income tax credit for persons who contribute moneys to the board, in an amount of up to 100% of the contribution, as determined by the board.

        Specifies that tax credits are only available in tax years where the amount of state revenues for the state fiscal year ending in that income tax year exceeds the limitation of state fiscal year spending imposed in the portion of the state constitution known as the Taxpayers Bill of Rights by more than $400,000,000.

        Creates the agriculture value-added cash fund to be used for grants, loans and loan guarantees, equity investments, tax credits, and financial or technical assistance to rural agricultural projects or project concepts as approved by the board.

        Mandates that at least 10% of the funds granted to rural agricultural business concepts shall be awarded in response to grant requests of $50,000 or less. Prohibits any single rural agricultural project or project concept from receiving more than $200,000 in grant awards from the board.

        Appropriates $74,837 to the department of agriculture for the implementation of the act.

APPROVED by Governor May 30, 2001
EFFECTIVE May 30, 2001

H.B. 01-1337 Pet animals - overpopulation - creation of authority - income tax form voluntary contribution - appropriation. Creates the Colorado pet overpopulation authority as a corporate body and a political subdivision of the state, but not a state agency. Creates a board of directors for such authority, appointed and removed by the commissioner of agriculture and consisting of the following representatives:

        Defines the directors' terms as staggered, 3-year terms. Requires a board member to be a resident of Colorado and to have an active interest in the education of the community regarding the benefits of pet overpopulation control. Prohibits the board members from receiving compensation for serving on the board of directors.

        Authorizes the board to:

        Creates the pet overpopulation fund and continually appropriates the funds therein and all return from investment of the funds for the use of the Colorado pet overpopulation authority. Requires the funds in the pet overpopulation fund to be used for the purposes of this act. Instructs the Colorado pet overpopulation authority to give priority to the areas that have an insufficient number of pet animal veterinary resources to adequately meet local needs when expending funds. Prohibits state agencies from funding the Colorado pet overpopulation authority.

        Creates a voluntary contribution line on the Colorado income tax form in order to provide funds for the Colorado pet overpopulation authority. Repeals such voluntary contribution line on January 1, 2004. Applies the statutory 10% threshold for retaining a voluntary contribution line on the income tax form to such voluntary contribution line.

        Appropriates $34,098 and 0.6 FTE to the department of revenue for the implementation of this act.

APPROVED by Governor June 5, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1378 State agricultural commission - authority to prevent livestock diseases. Clarifies that the state agricultural commission has the authority to prevent infectious or contagious livestock diseases.

APPROVED by Governor June 5, 2001
EFFECTIVE June 5, 2001

 

Session Laws of Colorado Digest of Bills General Assembly State of Colorado


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