Section 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.(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.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.Subsection (2)(b) provided for the repeal of subsection (2), effective December 31, 1991. (See L. 89, p. 1404.)
For the brand inspection fund, see § 35-41-102.