(1) Whenever the state veterinarian reports to the commission that there exists an outbreak of contagious or infectious disease among livestock of this state of such a character as to endanger and imperil the livestock of the state, the commission, upon approval of the governor, may issue an order of condemnation to condemn and destroy any livestock so infected or any livestock that has been exposed to or is deemed by the commission capable of communicating such contagious or infectious disease to other livestock and to condemn and destroy any barns, sheds, corrals, pens, or other property that the commission may determine is necessary to be destroyed in order to prevent the spread of such contagion or infection. Such condemnation and destruction shall take place only when in the opinion of the commission and the governor an emergency exists and such action is justified and necessary for the safety and protection of the livestock of this state.
(2) Whenever the commission finds it necessary to condemn and destroy any animals or property within this state because of any contagious or infectious disease, the animals or property shall not be destroyed until after a fair appraisal has been made of the value of the animals or property by two appraisers, one to be appointed by the commissioner and one by the owner of the property to be destroyed. The appraisers shall each make a report to the commission under oath as to their appraisals, and the commission shall forward such appraisals to the governor with such recommendation as to the proportion of such appraisement to be considered a just bill against the state of Colorado as the commission may think right. Within ninety days after receiving the appraisals and recommendation, the governor shall determine the appropriate appraisement. If the governor fails to make a determination within ninety days after receiving the appraisals and recommendation, the commission's recommended appraisal will become the determined appraisal.
(3) Any dispute or protest regarding the appraisal shall not delay destruction of the animals or property.
Source: L. 2005: Entire article R&RE, p. 455, � 1, effective December 1. L. 2023: (2) amended, (HB 23-1264), ch. 222, p. 1151, � 6, effective May 18.
Editor's note: This section is similar to former �� 35-50-111 and 35-50-113 as they existed prior to 2005.
35-50-114. Indemnification of livestock owners - diseased livestock indemnity fund - repeal. (1) To meet the emergency caused by any outbreak of contagious or infectious disease, the governor may cause to be issued the state's certificate of indebtedness with which to indemnify owners of property destroyed to pay the necessary costs and expense of exterminating and eradicating such contagion or infection. This section shall not apply to the diseases for which federal indemnity is paid to the owners. In the case of a disease for which federal indemnity is paid, combined state and federal indemnity shall not exceed actual appraised value when an appraisal is required.
(2) The commissioner, upon the recommendation of the state veterinarian, may authorize the payment of indemnity to any livestock owner whose herd, pursuant to written agreement with the state veterinarian, is sold for slaughter or destroyed because it is exposed to or diagnosed with an infectious or contagious disease; except that such indemnification, when combined with any other moneys received by the owner for the livestock, shall not exceed ninety percent of the market value for animals of comparable grade and of the same or similar type. Notwithstanding any provision of this section to the contrary, indemnity shall not be paid for brucellosis reactor livestock.
(3) (a) There is created in the state treasury the diseased livestock indemnity fund. The unexpended and unencumbered balance of money appropriated by the general assembly for payments for the services of commissioned or appointed personnel pursuant to section 35-50-104 shall be credited to the diseased livestock indemnity fund, upon approval of the commissioner, at the end of each fiscal year. The money in the fund is continuously appropriated for the purpose of making payments as provided in this section.
(b) (I) On June 30, 2025, the state treasurer shall transfer two hundred fifty thousand dollars from the diseased livestock indemnity fund to the general fund.
(II) This subsection (3)(b) is repealed, effective July 1, 2026.
(4) No indemnity shall be paid when:
(a) The livestock are owned by the United States or a state, county, municipality, or other government entity;
(b) The livestock were brought into the state contrary to this article, the rules of the commissioner, or an order of the commissioner;
(c) The livestock were found to be diseased upon arrival in the state or were exposed to the disease prior to their arrival;
(d) The livestock were previously affected by any other disease that by its nature and development was incurable and necessarily fatal;
(e) The livestock were purchased at the time of a quarantine or purchased when due diligence and caution would have shown the livestock to be diseased;
(f) The owner of the livestock willfully exposed the livestock to the disease;
(g) The owner knew the livestock to be diseased or had notice of the disease at the time the livestock came into the owner's possession;
(h) The owner or the owner's agent has not used reasonable diligence to prevent disease or exposure to disease;
(i) The owner or the owner's agent has not complied with this article, the rules adopted by the commissioner, or an order issued by the commissioner;
(j) The destruction order was not complied with within the specified time period; or
(k) The owner attempted to unlawfully or improperly obtain indemnity funds.
Source: L. 2005: Entire article R&RE, p. 456, � 1, effective December 1. L. 2025: (3) amended, (SB 25-264), ch. 129, p. 508, � 43, effective April 25.
Editor's note: This section is similar to former �� 35-50-114 and 35-50-140.5 as they existed prior to 2005.
35-50-115. Cervidae disease revolving fund - creation - assessments - indemnification of owners of cervidae - repeal. (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) (a) On June 30, 2025, the state treasurer shall transfer twenty thousand dollars from the fund to the general fund.
(b) This subsection (4) is repealed, effective July 1, 2026.
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: This section is similar to former � 35-50-114.5 as it existed prior to 2005.
Cross references: For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.