LEG00240

• Bill Number: SB02S-016
• Year: 2002
• Title: Creation of Farmers and Ranchers Emergency Fund
• Legislation - Doc Type: Other CWCB Related Bills - Passed

24-32-2104. The governor and disaster emergencies. (6) (a) During the continuance of any state of
disaster emergency, the governor is commander-in.chief of the organized and unorganized militia and of all other
forces available for emergency duty. To the greatest extent practicable, the governor shall delegate or assign
command authority by prior arrangement embodied in appropriate executive orders or regulations, but nothing in
this section restricts the governor's authority to do so by orders issued at the time of the disaster emergency.
(b) DURING THE CONTINUANCE OF ANY STATE OR FEDERAL DISASTER EMERGENCY DUE TO DROUGHT,
THE GOVERNOR MAY EXERCISE HIS OR HER AUTHORITY PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (6)
TO DIRECT THE COLORADO NATIONAL GUARD TO USE ANY EQUIPMENT AND PERSONNEL NECESSARY TO
TRANSPORT HAY AND OTHER LIVESTOCK FEED DONATED TO COLORADO FARMERS AND RANCHERS FROM THE
POINT OF ORIGIN TO THE FARMERS AND RANCHERS IN THE STATE. THE COLORADO NATIONAL GUARD SHALL BE
REIMBURSED FOR ALL EXPENSES INCURRED PURSUANT TO THIS PARAGRAPH (b) FROM MONEYS IN THE FARMERS
AND RANCHERS EMERGENCY NATURAL DISASTER ASSISTANCE FUND CREATED IN SECTION 35-1-114, C.R.S.
SECTION 20 Article 1 of title 35, Colorado Revised Statutes, is amended BY THE ADDITION OF A
NEW SECTION to read:
35-1-114. Farmers and ranchers emergency natural disaster assistance fund - creation.
(I) THERE IS HEREBY CREATED IN THE STATE TREASURY THE FARMERS AND RANCHERS EMERGENCY NATURAL
DISASTER ASSISTANCE FUND THAT SHALL BE ADMINISTERED BY THE DEPARTMENT AND SHALL CONSIST OF ANY
MONEYS TRANSFERRED THERETO FROM ANY OTHER STATE FUND, INCLUDING BUT NOT LIMITED TO, THE
PERPETUAL BASE ACCOUNT OF THE SEVERANCE TAX TRUST FUND CREATED IN SECTION 39-29-109, C.R.S. ALL
INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE FARMERS AND RANCHERS
EMERGENCY NATURAL DISASTER ASSISTANCE FUND SHALL BE CREDITED TO THE FUND. MONEYS IN THE
FARMERS AND RANCHERS EMERGENCY NATURAL DISASTER ASSISTANCE FUND SHALL BE USED, SUBJECT TO
APPROPRIATION BY THE GENERAL ASSEMBLY, FOR THE PURPOSES SPECIFIED IN SUBSECTION (2) OF THIS SECTION.
AT THE END OF ANY FISCAL YEAR, ALL UNEXPENDED AND UNENCUMBERED MONEYS IN THE FARMERS AND
RANCHERS EMERGENCY NATURAL DISASTER ASSISTANCE FUND SHALL REMAIN IN THE FUND AND SHALL NOT
REVERT TO THE GENERAL FUND OR ANY OTHER FUND.
(2) IN THE CASE OF A DETERMINATION BY THE GOVERNOR AND THE UNITED STATES SECRETARY OF
AGRICULTURE OF A NATURAL DISASTER EMERGENCY DUE TO DROUGHT IN ANY COUNTY IN COLORADO, THE
DEPARTMENT SHALL BE ALLOWED DURING SUCH EMERGENCY TO USE ANY MONEYS IN THE FARMERS AND
RANCHERS EMERGENCY NATURAL DISASTER ASSISTANCE FUND CREATED IN SUBSECTION (I) OF THIS SECTION
FOR:
(a) LtVESTOCK ASSISTANCE PROGRAMS FOR FARMERS AND RANCHERS IN ANY COUNTY WHERE A
NATURAL DISASTER EMERGENCY DUE TO DROUGHT WAS DECLARED, INCLUDING BUT NOT LIMITED TO:
(I) GRANTS OR LOANS TO BE USED TO PURCHASE HAY AND OTHER LIVESTOCK FEED; AND
(II) REIMBURSEMENT TO THE COLORADO NATIONAL GUARD FOR COSTS INCURRED IN THE TRANSPORT
OF HAY AND OTHER LIVESTOCK FEED PURSUANT TO SECTION 24-32-2104 (6) (b), C.R.S.
(b) CROP ASSISTANCE PROGRAMS FOR FARMERS AND RANCHERS IN ANY COUNTY WHERE A NATURAL
DISASTER EMERGENCY DUE TO DROUGHT WAS DECLARED, INCLUDING BUT NOT LIMITED TO, GRANTS OR LOANS
TO BE USED TO:
(I) PAY ALL OR PART OF PRODUCTION COSTS ASSOCIATED WITH THE DISASTER YEAR;
(II) PAY ESSENTIAL LIVING EXPENSES;
(III) REORGANIZE THE FARMING OPERATION; AND
(IV) REFINANCE EXISTING DEBTS.
(3) THE COMMISSIONER SHALL DETERMINE THE QUALIFICATIONS, BASED ON NEED AFTER
CONSIDERATION OF ANY OTHER FEDERAL OR STATE RELIEF. FOR RECEIPT OF MONEYS FROM THE FARMERS AND
RANCHERS EMERGENCY NATURAL DISASTER ASSISTANCE FUND.
SECTION 30 39-29-109 (I), Colorado Revised Statutes, is amended BY THE ADDITION OF A
NEW PARAGRAPH to read:
39-29-109. Severance tax trust fund - created - administration - use of moneys - repeal.
(I) (g) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION TO THE CONTRARY, FOR THE STATE FISCAL YEAR
COMMENCING JULY I 2002. THE COMMISSIONER OF AGRICULTURE. IN HIS OR HER SOLE DISCRETION. MAY
DIRECT THE STATE TREASURER TO TRANSFER AMOUNTS OF MONEY FROM TIME TO TIME DURING SAID STATE
FISCAL YEAR FROM THE PERPETUAL BASE ACCOUNT OF THE SEVERANCE TAX TRUST FUND TO THE FARMERS

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