C.R.S. § 42-3-234: Special plates - adopt a shelter pet - pet overpopulation authority - pet overpopulation fund - adopt a shelter pet account - definitions.

(1) Beginning the earlier of January 1, 2011, or when the department is able to issue the plates created by this section, the department shall issue special license plates to qualified applicants in accordance with this section for motorcycles, passenger cars, trucks, and noncommercial or recreational motor vehicles that do not exceed sixteen thousand pounds empty weight.

(2) (a) There is hereby established the adopt a shelter pet special license plate.

(b) The design for the special license plate shall conform with standards established by the department and shall be subject to the department's approval.

(3) A person may apply for an adopt a shelter pet special license plate if the person pays the taxes and fees required under this section.

(4) The amount of the taxes and fees for special license plates under this section is the same as the amount of the taxes and fees specified for regular motor vehicle license plates; except that the department shall collect the following fees and donations:

(a) A one-time, twenty-five-dollar fee for issuance or replacement of the license plate, which fee shall be transmitted to the state treasurer, who shall credit the same to the highway users tax fund created in section 43-4-201, C.R.S.;

(b) A one-time, thirty-dollar donation for issuance or replacement of the license plate, which donation shall be transmitted to the state treasurer, who shall credit the same to the adopt a shelter pet account in the pet overpopulation fund created in subsection (7)(f) of this section; and

(c) An annual twenty-five-dollar license plate renewal donation, which donation shall be transmitted to the state treasurer, who shall credit the same to the adopt a shelter pet account in the pet overpopulation fund created in subsection (7)(f) of this section; except that the department and its authorized agents may retain the portion of the donation necessary to offset implementing this subsection (4)(c), up to a maximum of two dollars.

(5) An applicant may apply for personalized adopt a shelter pet special license plates. Upon payment of the additional fee required by section 42-3-211 (6)(a) for personalized license plates, the department may issue such plates if the applicant complies with section 42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the applicant may transfer the combination of letters or numbers to a new set of adopt a shelter pet special license plates for the vehicle upon payment of the fee imposed by section 42-3-211 (6) and upon turning in such existing plates to the department. A person who has obtained personalized adopt a shelter pet special license plates under this subsection (5) shall pay the annual fee imposed by section 42-3-211 (6)(b) for renewal of such personalized plates. The fees under this subsection (5) are in addition to all other taxes and fees imposed for personalized adopt a shelter pet special license plates.

(6) (a) The department shall retire the adopt a shelter pet license plate if three thousand plates are not issued by July 1, 2016. A person who was issued an adopt a shelter pet license plate on or before July 1, 2016, may continue to use the plate after July 1, 2016.

(b) (Deleted by amendment, L. 2011, (HB 11-1236), ch. 98, p. 289, § 13, effective April 8, 2011.)

(7) (a) There is created the Colorado pet overpopulation authority, which 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.

(b) (I) The powers of the authority are vested in a board of directors consisting of the following:

(A) One representative of the Animal Assistance Foundation or its successor organization;

(B) One representative of an animal shelter;

(C) One representative of a state veterinary medical association;

(D) One representative of a Colorado animal control agency;

(E) One representative from the department of agriculture;

(F) One member from a pet animal rescue;

(G) One member of the general public who has an interest in animal welfare who is not a member of a board of any animal welfare organization;

(H) One member who is from western Colorado and represents an animal shelter or a pet animal rescue or is a veterinary professional registered with the state board of veterinary medicine;

(I) One member who is from eastern Colorado and represents an animal shelter or a pet animal rescue or is a veterinary professional registered with the state board of veterinary medicine;

(J) One member who is from southern Colorado and represents an animal shelter or a pet animal rescue or is a veterinary professional registered with the state board of veterinary medicine; and

(K) One representative from a pet animal facility licensed and in good standing pursuant to section 35-80-104 located in a county with a population of fifty thousand or less.

(II) The commissioner of agriculture shall appoint the board members to three-year terms; except that three of the members appointed on September 1, 2001, shall serve an initial term of two years. Each member shall serve at the pleasure of the commissioner and shall continue in office until the member's successor is appointed and qualified. Initial members of the authority shall be appointed no later than September 1, 2001.

(III) On the expiration of the term of a member of the board, that member's successor shall be appointed by the commissioner of agriculture for a term of three years; except that, in the case of a vacancy, the commissioner shall appoint an individual who shall serve for the unexpired term.

(c) (I) Each board member shall meet the following qualifications at the time of appointment and throughout the member's term of office:

(A) Residency in this state; and

(B) Demonstration of an active interest in the education of the community regarding the benefits of pet overpopulation control in Colorado.

(II) The commissioner of agriculture shall immediately declare the office of any member of the board vacant whenever the commissioner finds that the member is not qualified under this subsection (7)(c) or that the member is unable to perform the duties of the office.

(III) Members shall serve without compensation for any service provided to the authority. Members shall not receive any reimbursement from the board for any expenses incurred fulfilling their responsibilities pursuant to this subsection (7).

(IV) Except as provided in subsection (7)(b)(I)(G) of this section, a board member may be a member of a board or subcommittee of a board of an animal welfare organization, but no more than one member of the board may be on the board or subcommittee of the board of the same animal welfare organization.

(V) A member of the board shall recuse themself from any board action or vote if they have a conflict of interest in relation to the board action or vote, including any allocation of funding to the member made pursuant to this subsection (7).

(d) The board may:

(I) Adopt an education program concerning pet overpopulation with emphasis on the importance of spaying and neutering to control pet overpopulation;

(II) Develop, adopt, and implement a process to fund and expend money for the activities and responsibilities of the board. Funding for the board includes the money available in the fund.

(III) Accept gifts, grants, and donations, including personal services, for the activities and responsibilities of the board. Any gift, grant, or donation other than personal services shall be deposited into the fund.

(IV) Develop, adopt, and implement a cooperative process to work with local veterinarians, licensed animal shelters, and local communities concerning animal sheltering and pet overpopulation control in this state.

(e) The board shall annually publish on the fund website the name of each grantee receiving money from the fund, the amount of each grant provided to a grantee, when a grantee received a grant, and the names of each board member.

(f) (I) Donations collected pursuant to subsection (7)(d) of this section and section 39-22-2201 shall be transmitted to the state treasurer and credited to the pet overpopulation fund, which fund is created in the state treasury. All interest derived from the deposit and investment of money in the fund is credited to the fund.

(II) All unexpended and unencumbered money remaining in the fund at the end of any state fiscal year remains in the fund, does not revert back to the general fund or any other fund, and shall not be used for any purpose other than the purposes set forth in this subsection (7). Such money is appropriated continually to the state treasurer, who shall transfer all available money in the fund to the authority at least quarterly unless the board expressly requests otherwise. The board shall expend money from the fund for the implementation of this subsection (7).

(III) When expending money to implement this subsection (7), the authority shall give priority to the areas that have an insufficient number of pet animal veterinary resources to adequately meet local needs.

(IV) At least seventy percent of the money annually awarded for all grants that are funded by fund must be annually allocated for rural community facilities. The board shall consider awarding at least fifty percent of the money designated for rural community facilities to counties with a population of fifty thousand or less.

(V) There is created in the fund the adopt a shelter pet account, which consists of money donated to qualify for the adopt a shelter pet special license plate pursuant to this section.

(VI) (A) The authority shall use the money in the adopt a shelter pet account to support the spaying and neutering and other medical costs of animals in animal shelters and rescues, to support overpopulation education programs, and to support the trap-neuter-return established in subsection (7)(j)(II) of this section; except that up to ten percent of the money in the adopt a shelter pet account may be used for the administration of the account.

(B) The authority shall not favor a particular shelter model when allocating money from the adopt a shelter pet account.

(g) Except as provided in this subsection (7), the authority shall not be funded by or through any state agency.

(h) Nothing in this subsection (7) shall be construed to authorize the authority to adopt rules to implement this subsection (7).

(i) A pet animal facility applying for a grant described in subsection (7)(j)(II) of this section from the adopt a shelter pet account must be licensed and in good standing pursuant to section 35-80-104.

(j) (I) As used in this subsection (7), unless the context otherwise requires:

(A) "Animal welfare facility" means a pet animal facility, a pet animal rescue, or a spay and neuter organization.

(B) "Animal shelter" has the meaning set forth in section 35-80-102 (1).

(C) "Authority" means the Colorado pet overpopulation authority created in subsection (7)(a) of this section.

(D) "Community cat" means a free-roaming domestic cat that may have a caretaker and is not socialized to humans.

(E) "Ear-tipping" means the removal of approximately one quarter of a community cat's left ear while under anesthesia, which serves as a visual indicator of sterilization.

(F) "Fund" means the pet overpopulation fund created in subsection (7)(f)(I) of this section.

(G) "Pet animal rescue" has the meaning set forth in section 35-80-102 (11.2).

(H) "Rural community facility" means an animal welfare facility that is located in a Colorado county with a population of two hundred thousand or less.

(I) "Spay and neuter organization" means a nonprofit organization primarily offering spay and neuter services performed by a licensed veterinarian, as defined in section 35-80-102 (8.7).

(J) "Trap-neuter-return" means a nonlethal process of humanely trapping, sterilizing, vaccinating for rabies, ear-tipping, and returning to their habitats community cats.

(II) The authority shall establish a trap-neuter-return funded by the adopt a shelter pet account. The authority may award money from the adopt a shelter pet account to animal welfare facilities located in Colorado to implement trap-neuter-return for the purposes described in subsection (7)(j)(III) of this section.

(III) An animal welfare facility awarded money for the trap-neuter-return is authorized to spend the money only on:

(A) Trapping, sterilizing, vaccinating, and ear-tipping community cats in Colorado;

(B) Veterinary care for the treatment and sterilization of community cats in Colorado;

(C) Training for community cat caretakers and animal control personnel in humane trapping and trap-neuter-return protocols in Colorado; and

(D) An animal welfare facility that is a spay and neuter organization, veterinary materials and support for mobile clinics in Colorado.