BY REPRESENTATIVE(S) McCormick, Martinez, Bacon, Boesenecker, Brown, Camacho, Clifford, Duran, Froelich, Garcia, Joseph, Lindsay, Mauro, Paschal, Rutinel, Rydin, Sirota, Smith, Titone, Valdez, Woodrow, McCluskie;
also SENATOR(S) Marchman and Simpson, Bridges, Roberts, Kipp, Michaelson Jenet, Winter F.
Concerning the substitution of gender-neutral language for gendered language in title 35 of the Colorado Revised Statutes.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 35-1-102, amend the introductory portion and (1) as follows:
35-1-102. Definitions. As used in this articlearticle 1, unless the context otherwise requires:
(1) "Agriculture" means the science and art of production of plants and animals useful to manhumans, including, to a variable extent, the preparation of these products for man'shuman use and their disposal by marketing or otherwise, and includes horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bee, and any and all forms of farm products and farm production.
SECTION 2. In Colorado Revised Statutes, 35-1-106, amend (1)(e) as follows:
35-1-106. Powers and duties of commission - rules. (1) In addition to all other powers and duties conferred upon the commission by this article 1, the commission has the following specific powers and duties:
(e) To furnish the commissioner with advice on any agricultural or livestock problem with which hethe commissioner may be confronted;
SECTION 3. In Colorado Revised Statutes, amend 35-1-109 as follows:
35-1-109. Employees interchangeable.It is the duty of The commissioner of agriculture in the administration of his department to soshall organize the samedepartment so that all employees of the department, so far as possible, shall beare interchangeable in work assignment to the endso that they may be shifted within the department so as to meet seasonal and emergency demands upon any division or section of the department and so that the number of such helpemployees is kept to a minimum possible for efficient operation.
SECTION 4. In Colorado Revised Statutes, amend 35-2-101 as follows:
35-2-101. Information furnished - by whom. The commissioner of agriculture, acting under the direction of the state agricultural commission in the collection of information necessary to the performance of his or herperform the commissioner's duties as such commissioner and subject to the provisions of section 24-1-136, C.R.S., in regard to the publication of such information, is authorized tomay call upon the several state, county, city, town, and school district officers and officers of the several state institutions of education and penal and other state institutions, and it is the duty of all such officers to furnish, upon written or printed request of the commissioner, such information as may be required for properly setting forth the resources of the state and their development, upon blanks furnished by the commissioner. Upon request of the commissioner, each owner, operator, or manager of any manufacturing, mining, or other business establishment operating in this state, or other person having information necessary for carrying out the purposes of this article, upon the request of the commissionerarticle 2, shall furnish the sameinformation upon blanks supplied by the commission. Except as otherwise provided by law, any agricultural statistics collected by any of the several state, county, city, town, school district, or institutional officers specified in this section shall be collected in accordance with the requirements of this articlearticle 2.
SECTION 5. In Colorado Revised Statutes, amend 35-2-102 as follows:
35-2-102. Statistical reports. It is the duty of the assessor of each county in this state, at the time of making the annual assessment of property, to collect such statistics in relation to the population, farm operations, the principal farm products, agricultural resources, and livestock of the county as may be required by the commissioner of agriculture, and it is the duty of all persons within this state having information relative to such matters to give such information to the assessor upon histhe assessor's request. therefor. The original sheets on which such statistics are collected shall be forwarded to the commissioner of agriculture as soon as they are completed, but not later than June 1 of each year, immediately following their collection. From theseThe state agricultural commission shall compile the original sheets there shall be compiled in the office of the state agricultural commissioninto complete reports on all subjects covered for each county in the state. The blanks to be used by county assessors in the collection of statistics required by the state agricultural commission shall be supplied by the commission, and the form thereof shall be fixed by the commissioner of agriculture after conferenceconsulting with a representative of Colorado state university and with the bureau of crop estimates of the United States department of agriculture, or any successor organization, through the official representative for Colorado. This report shall be issued subject to the provisions of section 24-1-136. C.R.S.
SECTION 6. In Colorado Revised Statutes, amend 35-2-103 as follows:
35-2-103. Cooperation with secretary of agriculture. To facilitate the work of collecting agricultural and livestock statistics required by this articlearticle 2, the commissioner of agriculture is empowered tomay enter into a cooperative agreement with the secretary of agriculture of the United States, or histhe secretary's accredited representatives, under which the facilities and information of the bureau of crop estimates of the United States department of agriculture, or any successor organization, relating to the state of Colorado are made available for the use of the state agricultural commission, and the facilities and information of saidthe state agricultural commission are likewise made available for the use of saidthe bureau of crop estimates, or any successor organization.
SECTION 7. In Colorado Revised Statutes, amend 35-2-104 as follows:
35-2-104. Failure to give information to commission - penalty. Any person having in histhe person's possession information necessary to carrying out the purposes of this article,article 2 who fails or refuses to furnish suchthe information to the state agricultural commission upon proper request by the commissioner of agriculture is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than ten dollars nor more than five hundred dollars and costs of prosecution. Any county or state official who fails or refuses to collect or compile for the state agricultural commission suchthe information as hethe official is required by this articlearticle 2 to collect and compile, when properly requested by the commissioner of agriculture so to do, and who is supplied with proper blanks for collecting and compiling the same, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty dollars nor more than five hundred dollars and costs of prosecution.
SECTION 8. In Colorado Revised Statutes, amend 35-3-109 as follows:
35-3-109. Community and county committees - rules. (1) The department by regulationsrule shall provide:
(a) For the organization within each community of a voluntary association, in which all agricultural producers who are citizens of this state and residents in such community shall beare entitled to equal participation; for the selection by each such association of a community committee, composed of three members of such association; and for the selection of a chairmanchair of each such community committee; and
(b) For the selection by the members of such community committees within each county of a county committee for such county, composed of three members of such community committees, and for the selection of a chairmanchair of each such county committee.
SECTION 9. In Colorado Revised Statutes, 35-3.5-102, amend (7) as follows:
35-3.5-102. Agricultural operation deemed not nuisance - state agricultural commission - attorney fees - exceptions. (7) A local government may adopt an ordinance or pass a resolution that provides additional protection for agricultural operations; except that no such an ordinance or resolution shall not prevent an owner from selling his or herthe owner's land or prevent or hinder the owner in seeking approval to put the land into alternative use.
SECTION 10. In Colorado Revised Statutes, 35-4-107, amend (3) as follows:
35-4-107. Inspections - notice - treatment - collection of costs. (3) Upon payment by the board of county commissioners of any cost and expense of treating pest infestation or infection in accordance with subsection (2) of this section, the county shall demand in writing from the owner, in person or by mail addressed to the owner at his or herthe owner's last-known place of residence, reimbursement to the county for the amount of the county's direct costs and expenses only. The county shall not send a written demand for more than ten thousand dollars. In the written notice, the county shall inform the owner of the right to appear before the board of county commissioners at any meeting thereofof the board, as fixed by law, to be held within the following four months, and be heard as to the amount of the claim for reimbursement. If the claim, as originally demanded by the board or as adjusted upon a hearing, is not paid at the end of the four-month period, the board shall certify the claim to the county treasurer of the county where the property is located. The county treasurer shall add the amount of the claim to any taxes due, or to become due, from the owner, and if the claim is not paid in due course, the county treasurer shall file a lien on the property. The lien's priority is based upon the date of recording in accordance with article 35 of title 38. C.R.S. The board of county commissioners shall work with any landowner to develop a payment schedule for the cost of an assessment for pest treatment upon a demonstration by the landowner of an economic hardship. All accounts when collected must be deposited into the general fund of the county.
SECTION 11. In Colorado Revised Statutes, amend 35-4-109 as follows:
35-4-109. Emergency disposal of plant material.AnyA shipment of any plant material into Colorado whenthat is found to be in violation of a quarantine declared pursuant to section 35-4-110 or when found to carry exotic pests not previously found in the United States or pests known to cause high levels of economic damage under similar conditions of climate and natural habitat in other areas outside this state by the commissioner may be placed in isolation or quarantine by the commissioner and shall be completely under the commissioner's control. The owner or bailee shall comply with all terms of the quarantine, abate such pests as directed by and to the satisfaction of the commissioner, or remove such shipment from the state within such time as ordered by the commissioner. Articles not removed from the state as ordered shall be destroyed by the commissioner with no recompense therefor to the owner. AnyAn owner or bailee claiming that his or herthe owner's or bailee's shipment of plant material was destroyed or ordered removed from the state without reasonable justification may request a hearing on that issue before the commissioner within ten days after such destruction or order of removal. If it is determined that a shipment of plant material was destroyed or ordered removed from the state by the commissioner without reasonable justification and that such action was done arbitrarily and capriciously, the department of agriculture shall reimburse such owner or bailee for any losses suffered.
SECTION 12. In Colorado Revised Statutes, amend 35-4-113.5 as follows:
35-4-113.5. Delegation of duties. The commissioner, in hisat the commissioner's discretion, may delegate histhe commissioner's authority to an employee to execute the provisions of this articlearticle 4.
SECTION 13. In Colorado Revised Statutes, amend 35-4-116 as follows:
35-4-116. Rules. The commissioner may promulgateadopt such rules and regulations as hethe commissioner deems necessary for the administration and enforcement of this article. Sucharticle 4. The rules and regulations shall be promulgatedadopted in accordance with article 4 of title 24. C.R.S.
SECTION 14. In Colorado Revised Statutes, 35-5-101, amend the introductory portion, (12), and (12.1) as follows:
35-5-101. Definitions. As used in this articlearticle 5, unless the context otherwise requires:
(12) "Resident landowner" means a person who owns five or more acres of land within the boundaries of the proposed district and has hiswhose legal residence is within the county where the proposed district is located or within an adjacent county.
(12.1) "Resident lessee" means a person leasing five or more acres of state-owned land controlled by the state board of land commissioners within the boundaries of the proposed district and having hiswhose legal residence is within the county where the proposed district is located or within an adjacent county.
SECTION 15. In Colorado Revised Statutes, 35-5-104, amend (1), (5), and (8) as follows:
35-5-104. Pest control district - procedure to establish. (1) Whenever twenty-five percent of the resident landowners and resident lessees within a contiguous territory desire to form a pest control district, as defineddescribed in this subsection (1), they may file a petition for that purpose with the board of county commissioners of the county in which the land is located. Such petition shall be addressed to the board of county commissioners of such county; and shallmust contain a description of the boundaries of the proposed district and a description of the land of each person signing such petition; and shallmust state that the said proposed district has been invaded, or is in danger of being invaded, by noxious weeds, insect pests, or plant diseases injurious to agricultural crops, trees, fruits, or pasture; and shallmust name the specific pests or diseases against which saidthe petitioners desire to be protected; and shallmust state the termination date of the proposed district. SuchThe petition shall be signed by each resident landowner and resident lessee joining in the petition by histhe individual's proper signature together with hisand address, and the date of the petition shallmust be the date of its filing in the office of the board of county commissioners. AnyA petitioner may revoke and cancel histhe petitioner's signature to sucha petition at any time before saidthe petition is filed, but not after such filing has been made.
(5) If thean owner or lessee of any lands adjoining an established pest control district desires to have such lands included within the district, hethe owner or lessee may petition the board of county commissioners of the county in which the district is located and to which district annexation of histhe land is desired. The petition shallmust contain a description of the boundaries of the lands so desired to be annexed and shall be signed by the petitioner. The board shall act on saidthe petition within ten days after the receipt thereofreceiving it. If the board finds that the petition is in order, that the boundaries of the lands described in the petition are accurate, that the lands adjoin the established district, and that the petition is properly signed, itthe board shall, by order, declare that the lands petitioned to be annexed to the district shall be included as a part of the district. Within ten days after suchtaking action upon the petition, the board shall notify the petitioner, the county assessor, the district advisory committee of the district in which suchthe lands are to be included, and the department of agriculture of itsthe board's action. Two or more owners and lessees of lands adjoining an established pest control district may join in and sign a single petition for annexation of their adjoining lands to an established district in the manner prescribed in this subsection (5).
(8) When a pest control district whichthat was established for the control and eradication of specified pests desires to add additional pests to be controlled within the district, the district advisory committee shall petition the board of county commissioners of the county in which suchthe district is located, requesting that a stipulated pest or pests should be added to the pests to be controlled in the district. The board of county commissioners shall act on the petition within ten days after receipt thereofreceiving it. If the board of county commissioners determines that such pests should be controlled within the district, saidthe board shall submit the question to all landowners and lessees of the district by causing to be mailed to each landowner and lessee, to the address as shown by the records of the county assessor or state board of land commissioners, a ballot requesting histhe landowner's or lessee's vote for or against the addition of the stipulated pests to be controlled within the district and the return of suchthe ballot within ten days to the board. If fifty-one percent of the landowners and lessees voting in the district vote in favor of the inclusion of saidthe stipulated pests within those to be controlled, the board shall immediately declare that the stipulated pests shall be controlled within the district and shall so inform the district advisory committee.
SECTION 16. In Colorado Revised Statutes, amend 35-5-106 as follows:
35-5-106. County pest inspector, deputies, and employees. The board of county commissioners of thea county concerned may appoint a qualified person, subject to the approval of the commissioner and district advisory committee, as county pest inspector. It is the duty of saidThe inspector toshall carry out histhe inspector's duties as provided in this articlearticle 5 under the direction of the board and the commissioner. The inspector, with the approval of the board, may employ such deputies and employees as are necessary to perform histhe inspector's duties under this articlearticle 5. The salaryboard shall determine the salaries of the inspector and of histhe inspector's deputies and employees. shall be determined by the board.
SECTION 17. In Colorado Revised Statutes, 35-5-108, amend (4) and (6)(b) as follows:
35-5-108. Control or eradication methods and procedures - notice - assessments - protests. (4) If anya landowner within the district is dissatisfied with the itemized statement of expense hedescribed in subsection (3) of this section, the landowner may, within thirty days fromafter the mailing or publication of the account showing suchthe charge, file a written protest with the board of county commissioners. Not later than ten days after the filing of suchthe protest, the board of county commissioners shall fix a time and place for hearing on the protest filed, to be held not less than ten days nor more than thirty days fromafter the date of notice of the hearing, and, immediately after suchthe hearing, the board of county commissioners shall make written findings and such changes in the assessment as may be determined to conform with suchthe findings.
(6) (b) If anya lessee within the district is dissatisfied with the itemized statement of expense hedescribed in subsection (3) of this section, the lessee may file a written protest with the board of county commissioners as provided by subsection (4) of this section.
SECTION 18. In Colorado Revised Statutes, amend 35-5-110 as follows:
35-5-110. Public nuisance - abatement. Any noxious weeds, insect pests, or plant diseases with respect to which a control district has been proclaimed and any and all stages thereof; their carriers; and any and all premises, plants, and things infested or exposed to infestation therewithwith noxious weeds, insect pests, or plant diseases within such area are declared to be a public nuisance, subject to all laws and remedies relating to the prevention and abatement of nuisances. The inspector, under the supervision and direction of the commissioner and with the approval of the board of county commissioners, in a summary manner or otherwise, may take such action, including removal and destruction, with reference to such a nuisance as in histhe inspector, in the inspector's discretion, seemsdeems necessary. The remedies of this section shall beare cumulative with all other remedies provided in this articlearticle 5.
SECTION 19. In Colorado Revised Statutes, 35-5-111, amend (1) as follows:
35-5-111. Reports of acreage infested - county tax levy - fund - allocation. (1) The commissioner is directed, and it is his duty, toshall ascertain each year, from reports of the inspectors and other sources, the approximate amount of land and highways infested with the most troublesome noxious weeds, insect pests, or plant diseases, and their location, and transmit such information tabulated by counties, not later than July 1 of each year, to the board of county commissioners of each county affected by such infestation. On the basis of such information, the board of county commissioners of each county may make a tax levy each year on real property for the purpose of paying the cost of noxious weed, insect pest, or plant disease control or eradication in a district of the county as provided by this section, but such levy shallmust not exceed two mills in any one year.
SECTION 20. In Colorado Revised Statutes, amend 35-5-113 as follows:
35-5-113. Deputy or agent may exercise power. Whenever any power or authority is given by any provisions of this articlethis article 5 to any person, itthe power or authority may be exercised by any deputy or agent duly authorized by himthe person.
SECTION 21. In Colorado Revised Statutes, 35-5-117, amend (1) as follows:
35-5-117. Emergency measures - governor. (1) When the governor determines and declares an emergency resulting from a major grasshopper or range caterpillar infestation, hethe governor shall specify the area or areas of the major infestation. Within such area or areas, he is authorized tothe governor may direct that such emergency measures be taken as hethe governor deems necessary to alleviate conditions whichthat gravely jeopardize property and resources.
SECTION 22. In Colorado Revised Statutes, 35-5-120, amend (4) as follows:
35-5-120. Grasshopper and range caterpillar control. (4) If the commissioner, with approval of the district advisory committee, as established in section 35-5-105, determines at any time that control operations would not significantly reduce the grasshopper or range caterpillar populations in the established control districts, hethe commissioner may order that saidthe operations be suspended or terminated.
SECTION 23. In Colorado Revised Statutes, 35-5.5-103, amend the introductory portion and (4) as follows:
35-5.5-103. Definitions. As used in this articlearticle 5.5, unless the context otherwise requires:
(4) "Commissioner" means the commissioner of the department of agriculture or his or herthe commissioner's designee.
SECTION 24. In Colorado Revised Statutes, 35-5.5-107, amend (3) as follows:
35-5.5-107. Local advisory board - formation - duties. (3) Each local advisory board shall annually elect a chairmanchair and secretary. A majority of the members of the board shall constituteconstitutes a quorum for the conduct of business.
SECTION 25. In Colorado Revised Statutes, 35-5.5-108.7, amend (1)(e) as follows:
35-5.5-108.7. State noxious weed advisory committee - repeal. (1) (e) A quorum of the state advisory committee shall elect or appoint annually a chairmanchair and a vice-chairmanvice-chair.
SECTION 26. In Colorado Revised Statutes, amend 35-7-110 as follows:
35-7-110. State reimbursed for actual cost. All poisons or other materials for such control furnished by the state to such cooperators shall be supplied at actual cost, and the state shall be reimbursed by such cooperators, landowners, lessees, or contract holders for the actual cost of materials and labor, other than supervision, expended by the state in such treatment under cooperative agreements with them. Such reimbursement shall be made by each owner, lessee, or contract holder in the proportion that the number of acres of land treated for him or herthe owner, lessee, or contract holder bears to the total acreage treated in the area designated for treatment or according to such equitable proportion or plan as shall beis provided for in the agreement. Any such agreement shallmust require full reimbursement to be made to the state within thirty days after presentation by the department, or its agents, of an itemized account. therefor.
SECTION 27. In Colorado Revised Statutes, 35-7-112, amend (2) as follows:
35-7-112. Eradication contracts required - procedure without contracts. (2) If thean owner, after ten days' written notice to himthe owner in person or by mail to histhe owner's last-known post office address, fails, neglects, or refuses to reimburse the department, or its agents, in the amount of suchthe expenses incurred by the department, the department shall certify an itemized statement thereofof the expenses, together with a description of such landsthe land sufficient to identify the sameland to the board of county commissioners of the county whereinin which the sameland is situated. Thereupon, such anAfter the department certifies the itemized statement, the account shall be audited, allowed, and paid in like manner as provided in section 35-7-110. Public notices inA public notice published for the purposes of this section provided for shallmust designate as accurately as may be the boundaries of the area to be treated; shall make specific reference to this statute; and shall call upon all owners, known or unknown, of lands within the prescribed area to proceed at once to destroy the pests mentioned in suchthe notice or to enter into cooperative agreements for their control or eradication; and shall designate reasonable times and places within or near suchthe area where and when and where the federal agency, or other agents, and the department, or its agents, will be present for the purpose of entering into such cooperative agreements and proceeding with their execution.
SECTION 28. In Colorado Revised Statutes, amend 35-7-114 as follows:
35-7-114. Charges against landowner - lien rights. Whenever anya county has been required to pay anyan expense charged against any landownersa landowner, under a cooperative agreement or otherwise, on account of such pest control operations conducted upon or for the benefit of his or herthe landowner's lands, suchthe county shall havehas a lien upon suchthe lands for the amount so paid or for such lesser amount as suchthe landowner shall beis adjudged to pay after a hearing before the board of county commissioners.
SECTION 29. In Colorado Revised Statutes, amend 35-7-115 as follows:
35-7-115. Enforcing collection - hearing. Upon payment by anya county of any sucha bill of expenses so charged against anya landowner, lessee, or contract holder, the board of county commissioners shall make demand and notice in writing upon suchthe landowner, lessee, or contract holder, in person or by mail addressed to him or her at his or herthe landowner, lessee, or contract holder at the landowner's, lessee's, or contract holder's last-known place of residence, twenty days prior to the published meeting date for reimbursement to the county in the amount of suchthe expenses. SuchThe written notice shallmust inform suchthe person that he or shethe person may appear before the board on the published meeting date and be heard as to the amount and accuracy of the claim. If suchthe claim, as originally demanded by the board or as adjusted upon the hearing, is not paid, then, in the case of a private landowner, the board of county commissioners shall certify the claim to the county assessor who shall add the amount thereofof the claim to any taxes due or to become due upon his or herthe person's lands, and saidthe lands shall be sold for the satisfaction thereofof the claims at the same time and in the same manner as is provided by law for the sale of real estate for delinquent taxes. In cases where suchthe accounts are payable by a lessee or contract holder, suit may be maintained in behalf of the county in anya court of competent jurisdiction for the recovery of suchthe accounts and costs of suit. All such accounts when collected by the county shall be paid into the general fund thereofof the county or into the fund used by the county to meet its obligations under this part 1.
SECTION 30. In Colorado Revised Statutes, amend 35-7-116 as follows:
35-7-116. Collections paid to treasurer. All reimbursements to the state, whether made by individuals, counties, or other cooperators pursuant to this part 1, shall be turned over to the state treasurer and by himto be credited to the rodent pest control fund referred tocreated in section 35-7-103.
SECTION 31. In Colorado Revised Statutes, 35-9-103, amend (5) and (10) as follows:
35-9-103. Definitions. As used in this article 9, unless the context otherwise requires:
(5) "Device" means any instrument or contrivance, other than a firearm, intended for trapping, destroying, repelling, or mitigating anya pest or any other form of plant or animal life, other than manhumans and other than bacteria, viruses, or other microorganisms on or in living manhumans or other living animals; except that "device" shalldoes not include equipment used for the application of pesticides when sold separately therefromfrom a device.
(10) "Pest" means any insect, rodent, nematode, fungus, weed, or other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism, except viruses, bacteria, or other microorganisms on or in living manhumans or in other living animals, whichthat the commissioner or the administrator of the EPA declares to be a pest.
SECTION 32. In Colorado Revised Statutes, 35-9-108, amend (2), (5) introductory portion, (6) introductory portion, and (7) as follows:
35-9-108. Registration - review and evaluation - criteria - state limited-use or restricted-use pesticide - cancellation - summary suspension. (2) If the commissioner determines that the pesticide, the labeling, or any other materials submitted with thean application do not comply with the provisions of this article, hethis article 9, the commissioner shall notify the applicant of the particulars in which there is a lack of compliance.
(5) The commissioner, in histhe commissioner's discretion, may, at the time of registration, designate thea pesticide as a state restricted-use or limited-use pesticide and may restrict or limit the distribution or use of suchthe pesticide. The commissioner may include in saidthe restriction the time and conditions under which the pesticide may be distributed or used and may impose any or all of the following additional requirements:
(6) After a pesticide is registered, the commissioner may cancel the registration of saidthe pesticide pending notice and an opportunity for hearing if hethe commissioner determines that:
(7) If the commissioner has reasonable grounds to believe and finds that thea registrant has been guilty of deliberate and willful violation of use or distribution restrictions imposed pursuant to this articlearticle 9 or that the public health, safety, or welfare imperatively requires emergency action, hethe commissioner may summarily suspend the registration pending proceedings for suspension or cancellation of the registration.
SECTION 33. In Colorado Revised Statutes, 35-9-111, amend (1) introductory portion as follows:
35-9-111. Device registration - application - fees - expiration - rules. (1) Each applicant for registration of a device shall file with the commissioner, in the form and manner hethe commissioner shall designate:
SECTION 34. In Colorado Revised Statutes, 35-9-112, amend (3) introductory portion and (4) as follows:
35-9-112. Renewal of pesticide and device registration - fees. (3) The commissioner may require the applicant to submit any additional information hethe commissioner deems necessary, including: but not limited to:
(4) The commissioner, at the time of suchthe renewal of a registration, may, in hisat the commissioner's discretion, designate any sucha pesticide as a state restricted-use or limited-use pesticide in the same manner as set forth in section 35-9-108 (5).
SECTION 35. In Colorado Revised Statutes, 35-9-115, amend (4) as follows:
35-9-115. Pesticide dealer license - requirements - application - fees - expiration. (4) Each licensee shall report to the commissioner, in the form and manner hethe commissionershall designatedesignates, any change to the information provided in suchthe licensee's application or in suchthe reports previously submitted within fifteen days of suchafter the change.
SECTION 36. In Colorado Revised Statutes, 35-9-118, amend (2) introductory portion and (2)(c)(I) as follows:
35-9-118. Powers and duties of the commissioner - exemptions - rules. (2) The commissioner is authorized tomay adopt all reasonable rules for the administration and enforcement of this articlearticle 9, including: but not limited to:
(c) (I) Adopting a list of restricted-use pesticides or limited-use pesticides for the state or designated areas within thisthe state if the commissioner determines that such pesticides require rules restricting their distribution or use. The commissioner may include in the rule the time and conditions of the distribution or use of such restricted-use or limited-use pesticides and may require that any such pesticide be purchased, possessed, or used only under permit of the commissioner and under histhe commissioner's supervision. The commissioner may require all persons issued such permits to maintain records regarding the use of such pesticides.
SECTION 37. In Colorado Revised Statutes, 35-9-119, amend (1), (2)(b), and (3) as follows:
35-9-119. Investigations - access - subpoena. (1) The commissioner, upon histhe commissioner's own motion or upon the complaint of any person, may make any and all investigations necessary to insure compliance with this articlearticle 9.
(2) (b) The commissioner shall have full authority tomay administer oaths and take statements; to issue administrative subpoenas requiring the attendance of witnesses before himthe commissioner and the production of all books, memoranda, papers, and other documents, articles, or instruments; and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of anya witness to obey anya subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall beis punishable as a contempt of court.
(3) Complaints of record made to the commissioner and the results of histhe commissioner's investigations may, in the discretion of the commissioner, be closed to public inspection, except as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a licensee or registrant.
SECTION 38. In Colorado Revised Statutes, 35-9-120, amend (2) introductory portion and (2)(c) as follows:
35-9-120. Prohibited acts - deceptive trade practice. (2) It is unlawful and a violation of this articlearticle 9 for any pesticide dealer:
(c) To permit the use of histhe pesticide dealer's license by persons to whom the license was not issued;
SECTION 39. In Colorado Revised Statutes, 35-9-121, amend (1), (2)(a), (2)(b)(I), and (3) as follows:
35-9-121. Enforcement - cease-and-desist orders - hearings. (1) The commissioner or histhe commissioner's designee shall enforce the provisions of this articlethis article 9.
(2) (a) Whenever the commissioner has reasonable cause to believe a violation of anya provision of this articlearticle 9 or anya rule madeadopted pursuant to this articlearticle 9 has occurred and immediate enforcement is deemed necessary, hethe commissioner may issue a cease-and-desist order, which may require anya person to cease violating anya provision of this articlearticle 9 or anya rule madeadopted pursuant to this article. Sucharticle 9. The cease-and-desist order shallmust set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions be ceased forthwith.
(b) (I) At any time after service of the order to cease and desist, the person may request, at histhe person's discretion, an immediate hearing or a hearing not more than ten days, excluding Saturdays, Sundays, and legal holidays, after such request to determine whether a violation has occurred. Such hearing shall be conducted pursuant to the provisions of article 4 of title 24. C.R.S.
(3) Whenever the commissioner possesses evidence satisfactory to himthe commissioner that anya person has engaged in or is about to engage in anyan act or practice constituting a violation of anya provision of this articlearticle 9 or of anya rule adopted under this article, hearticle 9, the commissioner may apply to anya court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this articlearticle 9 or anya rule adopted under this articlearticle 9. In any such action, the commissioner shallis not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
SECTION 40. In Colorado Revised Statutes, 35-9-123, amend (4) and (5) as follows:
35-9-123. Embargo - penalty. (4) When a pesticide or device detained or embargoed under subsection (2) of this section has been found by the commissioner to be in violation of any provision of this articlearticle 9 or any rule promulgatedadopted pursuant to this articlearticle 9 and if the violation has not been resolved in thirty days, the commissioner may petition a court of competent jurisdiction for a condemnation of such pesticide or device. When the commissioner has found that a pesticide or device so detained or embargoed is not adulterated or misbranded, hethe commissioner shall remove the tag or other marking.
(5) If the court finds that a detained or embargoed pesticide or device is in violation of this articlearticle 9 or rules adopted thereunder, suchpursuant to this article 9,the pesticide or device shall after entry of the decree be destroyed at the expense of the owner, claimant, or custodian thereofof the pesticide or device, under the supervision of the commissioner, and all court costs and attorney fees and storage and other proper expenses shall be assessed against the owner, claimant, or custodian of suchthe pesticide or device or histhe owner's, claimant's, or custodian's agent. However, if the adulteration or misbranding can be corrected by proper labeling or processing of the pesticide or device, the court, after entry of the decree and after such costs, attorney fees, and expenses have been paid and a good and sufficient bond has been executed, conditioned upon the proper labeling or processing of such pesticide or device, may by order direct that suchthe pesticide or device be delivered to the owner, claimant, or custodian thereof for such labeling or processing under the supervision of the commissioner. The expense of such supervision shall be paid by the owner, claimant, or custodian. The pesticide or device shall be returned to the owner, claimant, or custodian of the pesticide or device on the representation to the court by the commissioner that the pesticide or device is no longer in violation of this articlearticle 9 and that the expenses of such supervision have been paid.
SECTION 41. In Colorado Revised Statutes, 35-10-103, amend (5) and (9) as follows:
35-10-103. Definitions. As used in this article 10, unless the context otherwise requires:
(5) "Device" means any instrument or contrivance, other than a firearm, intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life, other than manhumans and other than bacteria, viruses, or other microorganisms on or in living manhumans or other living animals; except that "device" shalldoes not include equipment used for the application of pesticides when sold separately therefromfrom a device.
(9) "Pest" means any insect, rodent, nematode, fungus, weed, or other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism, except viruses, bacteria, or other microorganisms on or in living manhumans or in other living animals, whichthat the commissioner or the administrator of the EPA declares to be a pest.
SECTION 42. In Colorado Revised Statutes, 35-10-106, amend (1)(c) and (3)(a) as follows:
35-10-106. Commercial applicator - license requirements - application - fees. (1) As requisites for licensure, the applicant for a commercial applicator business license shall:
(c) Provide verifiable training to all technicians in histhe applicant's employ according to standards adopted by the commissioner;
(3) (a) If a commercial applicator operates under more than one business name from a single location, the commercial applicator shall list the name of each such business providing services related to pesticide application shall be listed with the commissioner in the form and manner he shall designatedesignated by the commissioner. The commissioner may require that a separate fee be paid for each business name so listed.
SECTION 43. In Colorado Revised Statutes, 35-10-110, amend (4) as follows:
35-10-110. Registered limited commercial and registered public applicators - requirements for operation. (4) If the commissioner, pursuant to section 35-10-109, establishes a registry of limited commercial and public applicators, he or shethe commissioner may also require that each registered applicator report, in the form and manner the commissioner shall designatedesignates, any change to the information provided by suchthe applicator to the registry or in any such reports previously submitted within fifteen days after saidthe change.
SECTION 44. In Colorado Revised Statutes, 35-10-112, amend (1)(b) as follows:
35-10-112. Notification requirements - registry of pesticide-sensitive persons - preemption - rules. (1) (b) The commissioner shall provide standardized notification signs to any person accepted for the registry for suchthe person to post on histhe person's property. These signs shall be designed, manufactured, and distributed solely by the department.
SECTION 45. In Colorado Revised Statutes, 35-10-115, amend (1)(a), (1)(c), and (3) as follows:
35-10-115. Qualified supervisor, certified operator, and private applicator licenses - examination - application - fees. (1) Each applicant for a qualified supervisor, certified operator, or private applicator license shall:
(a) Pass a written examination in each class or subclass of pesticide application, or device use, in which he or shethe applicant wishes to be licensed;
(c) If hethe applicant wishes to be licensed to engage in aerial application of pesticides, possess a certificate issued by the federal aviation administration as specified in license qualifications adopted by the commissioner.
(3) Each licensee shall be required to report to the commissioner, in the form and manner he shall designatethe commissioner designates, any change to the information provided in suchthe licensee's application or in any such reports previously submitted within fifteen days of suchafter the change.
SECTION 46. In Colorado Revised Statutes, 35-10-116, amend (2) as follows:
35-10-116. Qualified supervisor and certified operator licenses - expiration - renewal of licenses - reinstatement. (2) A licensee licensed pursuant to section 35-10-115 may have the option to apply to renew a license without further examination if hethe licensee has completed, within the previous three years, the competency requirements established by the commissioner.
SECTION 47. In Colorado Revised Statutes, 35-10-117, amend (3) introductory portion, (3)(a), (3)(c)(II), and (5) as follows:
35-10-117. Unlawful acts - deceptive trade practice. (3) It is unlawful and a violation of this articlearticle 10 for anya commercial applicator, qualified supervisor, or certified operator:
(a) To permit the use of histhe commercial applicator's, qualified supervisor's, or certified operator's license by any other person;
(c) (II) If a commercial applicator receives instructions from a party contracting for suchthe applicator's services and the commercial applicator knows or should know that using the device or applying the pesticide in the manner specified by the contracting party may not or does not meet generally accepted standards for such use or application, the commercial applicator mustshall so inform the contracting party. If the contracting party, after being so advised, continues to require the commercial applicator to perform the application or use the device according to these instructions, the commercial applicator may follow these instructions for suchthe application or use unless suchthe application or use would violate any of the directions contained on the pesticide or the device or the labeling of either or would violate any provision of this articlearticle 10 or article 9 of this titletitle 35 or any rule or regulation adopted pursuant to this articlearticle 10 or article 9 of this titletitle 35. If the commercial applicator complies with these requirements, the party contracting for suchthe application of any pesticide or use of any device shall havehas no cause of action for damages against the commercial applicator if the application or use causes death or injury to the contracting party or histhe contracting party's property or is unsatisfactory in its result, unless the contracting party establishes, by a preponderance of the evidence, that such death, injury, or unsatisfactory result resulted from negligence or an intentional act not encompassed within or necessitated by the instructions provided by suchthe contracting party.
(5) It is unlawful and a violation of this articlearticle 10 for any employee or official of the department to disclose or use for histhe employee's or official's own advantage any information derived from any applications, reports, or records, including medical records, submitted to the department pursuant to this articlearticle 10 or to reveal such information to anyone except authorized persons, who may include officials or employees of the state, the federal government, the courts of this or other states, and physicians.
SECTION 48. In Colorado Revised Statutes, 35-10-119, amend (2), (3), and (5) as follows:
35-10-119. Inspections - investigations - access - subpoena. (2) The commissioner, upon histhe commissioner's own motion or upon the complaint of any person, may make any and all investigations necessary to insureensure compliance with this articlearticle 10.
(3) Complaints of record made to the commissioner and the results of histhe commissioner's investigations may, in the discretion of the commissioner, be closed to public inspection, except to the person in interest, as defined in section 24-72-202 (4), C.R.S., or as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a licensee.
(5) The commissioner shall have full authority tomay administer oaths and take statements; to issue subpoenas requiring the attendance of witnesses before himthe commissioner and the production of all books, memoranda, papers, and other documents, articles, or instruments; and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of anya witness to obey anya subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall beis punishable as a contempt of court.
SECTION 49. In Colorado Revised Statutes, 35-10-120, amend (1) and (3) as follows:
35-10-120. Enforcement. (1) The commissioner or histhe commissioner's designee shall enforce the provisions of this articlethis article 10.
(3) Whenever the commissioner possesses sufficient evidence satisfactory to himthe commissioner indicating that anya person has engaged in or is about to engage in anyan act or practice constituting a violation of anya provision of this articlearticle 10 or of anya rule adopted under this articlearticle 10, the commissioner may apply to anya court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this articlearticle 10 or any rule or order adopted under this articlearticle 10. In any such action, the commissioner shallis not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
SECTION 50. In Colorado Revised Statutes, 35-10-125, amend (2) introductory portion and (2)(a) as follows:
35-10-125. Advisory committee. (2) The advisory committee is a state public body, as that term is defined in section 24-6-402 (1)(d), C.R.S., and consists of the following members:
(a) A formulator, or hisa formulator's Colorado representative, actively engaged in the sale of pesticides in Colorado;
SECTION 51. In Colorado Revised Statutes, 35-11-102, amend the introductory portion, (4), and (12) as follows:
35-11-102. Definitions. As used in this articlearticle 11, unless the context otherwise requires:
(4) "Contamination" means the degradation of natural water quality as a result of man'shuman activities.
(12) "Pollution" means the man-madehuman-made or man-inducedhuman-induced alteration of the physical, chemical, biological, or radiological integrity of water.
SECTION 52. In Colorado Revised Statutes, 35-11-105, amend (2) as follows:
35-11-105. Issuance of provisional chemigation permit - fees. (2) TheAn applicant for a provisional chemigation permit shall, on the application, certify that the irrigation system for which hethe applicant is seeking a permit includes properly installed and functioning equipment in compliance with section 35-11-107.
SECTION 53. In Colorado Revised Statutes, 35-11-106, amend (2) as follows:
35-11-106. Issuance of chemigation permit - fees. (2) TheAn applicant for a chemigation permit shall, on the application, certify that the irrigation system for which hethe applicant is seeking a permit includes properly installed and functioning equipment in compliance with the provisions of section 35-11-107. Upon receipt of a permit, the permit holder shall attach, in a prominent place, the permit to the irrigation system for which the permit was issued.
SECTION 54. In Colorado Revised Statutes, 35-11-111, amend (2) and (3) as follows:
35-11-111. Inspections - entry upon land. (2) Prior to an inspection, the inspector shall notify a permit holder of the time and date of anthe inspection. The inspector shall inform the permit holder that he is entitled tothe permit holder may be present at the inspection. If a permit holder denies access to an inspector, the inspector may seek an inspection warrant issued by the district court for the district in which the permit holder's land is located. The court shall issue suchthe inspection warrant upon presentation by the inspector of an affidavit stating:
(a) The information whichthat gives the inspector reasonable cause to believe that any provision of this articlethis article 11 is being violated or has been violated or the information showing that suchthe entry and inspection is required in order to determine whether the provisions of this article arethis article 11 is being complied with, as the case may be;
(b) That the inspector notified the permit holder of an inspection;
(c) That the inspector was denied access by the permit holder; and
(d) A general description of the location of the affected land.
(3) Each irrigation system subject to the provisions of this article whichthis article 11 that has not been issued a permit pursuant to the provisions of this articlethis article 11 may be inspected, without prior notice, by an inspector who has information whichthat gives himthe inspector reasonable cause to believe that any provision of this articlearticle 11 is being violated. If the landowner denies access to the inspector, the inspector may seek an inspection warrant issued by the district court for the district in which the landowner's land is located. The district court shall issue such inspection warrant upon presentation by an inspector of an affidavit stating:
(a) The information whichthat gives the inspector reasonable cause to believe that any provision of this articlethis article 11 is being violated or has been violated;
(b) That the landowner has denied access to the inspector; and
(c) A general description of the location of the affected land.
SECTION 55. In Colorado Revised Statutes, amend 35-14-106 as follows:
35-14-106. Administration. The commissioner shall administer and enforce the provisions of this article and shall have andthis article 14 and may exercise any and all of the administrative powers conferred upon the head of a department of the state. The commissioner is authorized tomay employ, pursuant to section 13 of article XII of the state constitution, such deputies and inspectors as he may deemthe commissioner deems necessary for the proper enforcement of this articlearticle 14, subject to the constitution and laws of the state. The powers and duties given to and imposed upon the commissioner are also given to and imposed upon the deputies and inspectors when acting under the instructions and at the direction of the commissioner.
SECTION 56. In Colorado Revised Statutes, 35-14-107, amend (1)(k) and (1)(m) as follows:
35-14-107. Powers and duties of commissioner - rules. (1) The commissioner shall:
(k) Approve for use, and may mark, such weights and measures as he or shethe commissioner finds to be correct and may reject and mark as rejected such weights and measures as he or shethe commissioner finds to be incorrect. Weights and measures that have been rejected may be seized if not corrected within the time specified or if used or disposed of in an unauthorized manner. The commissioner may condemn and seize weights and measures that are found to be incorrect and that are not capable of beingcannot be made correct.
(m) Prescribe the appropriate term or unit or weight or measure to be used whenever hethe commissioner determines, in the case of a specific commodity, that an existing practice of declaring the quantity by weight, measure, numerical count, or combination thereofof weight, measure, or numerical count does not facilitate value comparison or is represented in any manner that tends to mislead or deceive any person;
SECTION 57. In Colorado Revised Statutes, 35-14-108, amend (1) introductory portion, (1)(a), (1)(d), and (2) as follows:
35-14-108. Special police powers. (1) When necessary to perform his duties or to implement the provisions of this articlethis article 14 or the rules and regulations promulgatedadopted pursuant theretoto this article 14, the commissioner or histhe commissioner's authorized agent may:
(a) Enter any commercial premises during normal business hours; except that, in the event such premises are not open to the public, hethe commissioner shall first present histhe commissioner's credentials and obtain consent before making entry thereto unless a search warrant has previously been obtained;
(d) Stop any commercial vehicle and, after presentment of histhe commissioner's credentials, require that the person in charge of the vehicle produce any documents in histhe person's possession concerning the contents of saidthe vehicle; inspect the contents of suchthe vehicle at the site; and, if necessary, require suchthe person to proceed with the vehicle to some specified place for inspection.
(2) The commissioner may administer oaths and take statements; issue subpoenas requiring the attendance of witnesses before him or herthe commissioner and the production of all books, memoranda, papers, and other documents, articles, or instruments; and compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of anya witness to obey anya subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall beis punishable as a contempt of court.
SECTION 58. In Colorado Revised Statutes, amend 35-14-110 as follows:
35-14-110. Misrepresentation of quantity.NoA person shall not sell, offer, advertise, or expose for sale less than the quantity of commodity or service hethe person represents nor take any more than the quantity of commodity or service hethe person represents.
SECTION 59. In Colorado Revised Statutes, 35-14-121, amend (3), (4), (6) introductory portion, (6)(a), and (6)(b) as follows:
35-14-121. Weigher - qualification - certification - revocation - rules. (3) The commissioner may adopt rules for determining the qualifications of thean applicant for a license as a certified weigher. For the purpose of determining qualifications of the applicant, the commissioner may approve the qualifications of the applicant upon the basis of the information supplied in the application or hethe commissioner may examine suchthe applicant orally or in writing or both. HeThe commissioner shall grant certificates of certified weigher to such applicants as may be found to possess the qualifications required by subsection (1) of this section. The commissioner shall keep a record of all such applicants and of all certificates issued.
(4) The commissioner may, upon request and without charge, issue a limited certification as a certified weigher to any qualified officer or employee of a municipality or county of this state or of a state commission, board, institution, or agency authorizing such officer or employee to act as a certified weigher only within the scope of histhe officer's or employee's official employment.
(6) The following persons shall be permitted, but shall not be required, tomay obtain certification as certified weigher:
(a) A weights and measures officer when acting within the scope of histhe officer's official duties;
(b) A person weighing property, produce, commodities, or articles that hethe person or histhe person's employer, if any, is buying or selling; and
SECTION 60. In Colorado Revised Statutes, 35-14-122, amend (6)(a) as follows:
35-14-122. Public scales - requirements - weight certificates - procedures - records. (6) (a) All commodities bought, sold, delivered, or in the process of changing ownership that use the weight of the content for final determination and settlement shall be weighed on a scale licensed in accordance with this articlearticle 14 if neither the buyer nor the seller owns his or her owna scale. The weigher shall issue a weight certificate containing all the information required by subsection (2) of this section to both the buyer and the seller. If the buyer or seller owns his or her owna scale licensed by the department and uses suchthe scale to determine the weight of suchthe commodities, suchthe party shall issue a ticket or invoice in duplicate to the other party. SaidThe ticket or invoice shallmust contain all the information required by subsection (2) of this section.
SECTION 61. In Colorado Revised Statutes, 35-14-131, amend (5)(a) as follows:
35-14-131. Civil penalties. (5) It is a violation for any person to:
(a) Sell, offer, or expose for sale or hire, or have in his or herthe person's possession for the purpose of selling or hiring an incorrect weight or measure or any device or instrument used or calculated to falsify any weight or measure;
SECTION 62. In Colorado Revised Statutes, 35-14-132, amend (1) as follows:
35-14-132. Criminal penalties. (1) Any person who willfully makes, installs, sells or offers to sell, or uses or allows to be used on his or herthe person's weights or measures anya counterfeit seal, or seal of the commissioner without proper authority, commits a civil infraction and shall be punished as provided in section 18-1.3-503.
SECTION 63. In Colorado Revised Statutes, 35-14-133, amend (3) as follows:
35-14-133. Enforcement - cease-and-desist orders - hearings. (3) Whenever the commissioner possesses sufficient evidence satisfactory to him or herthe commissioner indicating that a person has engaged in or is about to engage in an act or practice constituting a violation of this articlearticle 14 or anya rule or order adopted pursuant to this articlearticle 14, the commissioner may apply to a court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this articlearticle 14 or anya rule or order adopted pursuant to this articlearticle 14. In any such action, the commissioner shallis not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
SECTION 64. In Colorado Revised Statutes, amend 35-23-103 as follows:
35-23-103. Federal cooperation. The commissioner is empowered toof agriculture may enter into such agreements with the United States department of agriculture as hethe commissioner may determine to be necessary or advisable for the establishment of a joint state and federal inspection service in Colorado for fruits, vegetables, and other agricultural products.
SECTION 65. In Colorado Revised Statutes, amend 35-23-105 as follows:
35-23-105. Authority to enter business places. In carrying out the provisions of this articlethis article 23, the commissioner of agriculture and histhe commissioner's deputies, inspectors, and employees are authorized tomay enter on any business day, during the usual hours of business, any storehouse, warehouse, cold storage plant, packing house, or other building or place where fruits, vegetables, or other agricultural products are kept or stored by any person engaged in the shipping of fruits, vegetables, or other agricultural products or to stop or inspect at any time any automobile, truck, trailer, or other vehicle transporting or containing any such fruits, vegetables, or other agricultural products.
SECTION 66. In Colorado Revised Statutes, amend 35-23-106 as follows:
35-23-106. Establishment of regulations and grades - public meetings. The commissioner is empowered tomay establish and enforce such grades, grading rules, and regulations in addition to those established by this articlearticle 23, in no event less than the minimum requirements prescribed by this articlearticle 23, as hethe commissioner may deem necessary on fruits, vegetables, and other agricultural products, which shall not conflict with any provisions of this articlethis article 23, after a thorough investigation has been made of the needs of the particular fruit, vegetable, or other agricultural product for which grades, grading rules, and regulations are contemplated; but, whenever it is deemed advisable by the commissioner, such grades shall be the same as the grades promulgated by the United States department of agriculture. Such grades, grading rules, and regulations, before they become effective, shall be submitted for approval at one or more public meetings called for that purpose and attended by representative growers and shippers of the localities interested in the industry affected. Such meetings shall be advertised at least once in a newspaper published in such localities, one week or more prior to the meeting. SaidEach meeting shall be presided over by the commissioner or any of histhe commissioner's duly authorized deputies and, insofar as possible and practicable, shall be conducted at such places as can be conveniently reached by representatives of the affected industry. Grades, grading rules, and regulations, established in accordance with the provisions of this section, shall not be modified during the current shipping season of the fruit, vegetable, or other agricultural product for which they are established. In like manner the commissioner may provide for standard packages for all fruits, vegetables, and other agricultural products, but no standard packages shall not be eliminated or changed without two years' notice to the industry involved.
SECTION 67. In Colorado Revised Statutes, amend 35-23-108 as follows:
35-23-108. Rules. The commissioner of agriculture, with the concurrence of the state agricultural commission, is authorized to promulgate suchmay adopt rules and regulations relative to the proper marking of containers, the issue of certificates of inspection, and the tagging of the vehicle of transportation and such other rules and regulations as hethe commissioner deems necessary for the improvement of the quality of marketing of all fruits, vegetables, or other agricultural products.
SECTION 68. In Colorado Revised Statutes, amend 35-23-109 as follows:
35-23-109. Engaging in trade prohibited. The commissioner of agriculture and histhe commissioner's deputies, inspectors, and employees are each prohibited, during their respective terms of employment or office, from engaging in this state or elsewhere, either directly or indirectly, in the business of buying or selling fruits, vegetables, or other agricultural products or in dealing in the same on commission.
SECTION 69. In Colorado Revised Statutes, amend 35-23-112 as follows:
35-23-112. Appeal of inspection - rules.AnyAn interested party who is dissatisfied with anya classification of grades of any fruits, vegetables, or other agricultural products made as the result of inspection under this articlearticle 23, within such time after the inspection and in such manner as shall be prescribed by the commissioner of agriculture, may appeal to the commissioner, and the commissioner is directed to promulgateshall adopt rules and regulations governing the time and manner of such appeal. Upon such appeal to him being regularly takenthe commissioner, the commissioner shall cause such investigation to be made and such tests to be applied as hethe commissioner may deem necessary to determine the true grade or classification in the particular case in question and shall issue a finding determining the true grade or classification in the particular case. Whenever an appeal to the commissioner is taken, hethe commissioner shall fix and assess, and collect or cause to be collected, the established fee for an original inspection for each such appeal, which shallfee must be uniform and which shall be refunded to the person paying the same if the findings of the commissioner on appeal are to the effect that the grade or classification as determined and certified on the original inspection was erroneous and a new or different grade or classification is determined by the commissioner. Any reinspection certificate issued as the result of an appeal shall supersedesupersedes the original inspection certificate.
SECTION 70. In Colorado Revised Statutes, amend 35-23-115 as follows:
35-23-115. Information confidential - rules.All Information obtained as the result of anyan inspection made under the provisions of this articlethis article 23 shall not be open to inspection by the public; except that the commissioner of agriculture shall prepare and certify to any financially interested party a copy of the original inspection certificate of any inspection upon the payment to him of his fees thereforthe commissioner of any required fees. The commissioner is authorized tomay prescribe rules and regulations governing the issuance of such certificates.
SECTION 71. In Colorado Revised Statutes, 35-24.5-104, amend (2) and (3) as follows:
35-24.5-104. Aquaculture board - created - members. (2) The term of office of the two additional members shall beappointed in subsection (1)(b) of this section is three years. Each of these membersadditional member shall serve until his or herthe additional member's successor has been appointed and qualified, and either member shall beis eligible for reappointment. TheyBoth additional members shall serve without compensation except for actual and necessary traveling expenses.
(3) The board shall annually select a chairmanchair and a vice-chairmanvice-chair, who may be the same as the chairmanchair and vice-chairmanvice-chair of the fish health board.
SECTION 72. In Colorado Revised Statutes, 35-25-103, amend (1), (2)(a), (4), (5)(d), and (6) as follows:
35-25-103. Enforcement. (1) The commissioner or histhe commissioner's authorized agents are authorized and directed to enforce the provisions of this articlearticle 25.
(2) (a) If it appears to the commissioner after examination of the facts that a violation of any provision of this articlethis article 25 has occurred, hethe commissioner may refer the facts to the district attorney for the county in which the violation occurred.
(4) The commissioner may, by publication in such manner as hethe commissioner may prescribe, give notice of all judgments entered in actions instituted under the authority of this articlearticle 25.
(5) (d) Whenever the commissioner is found to have lacked substantial justification to impose a civil penalty, the person charged may recover histhe person's costs and attorney fees from the department of agriculture.
(6) The commissioner shall have full authority tomay administer oaths and take statements; to issue subpoenas requiring the attendance of witnesses before himthe commissioner and the production of all books, memoranda, papers, and other documents, articles, or instruments; and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of anya witness to obey anya subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall beis punishable as a contempt of court.
SECTION 73. In Colorado Revised Statutes, 35-25-105, amend (2) as follows:
35-25-105. Rules. (2) The powers and duties of the commissioner under this articlearticle 25 may be delegated by the commissioner to employees of the department of agriculture designated by himthe commissioner.
SECTION 74. In Colorado Revised Statutes, 35-25-106, amend (1) as follows:
35-25-106. Examination of apiaries. (1) The commissioner, when hethe commissioner has reason to suspect disease in any apiary, may examine all reported or suspected apiaries. If anya contagious disease is present, hethe commissioner may examine all apiaries in the same locality and ascertain whether or not anya contagious disease exists in the apiaries. If satisfied of the existence of any sucha contagious disease, the commissioner may burn, sterilize, or medically treat said apiary in strict compliance with rules, and regulations pertaining thereto, or the commissioner may require the beekeeper to burn, sterilize, or medically treat saidthe apiary.
SECTION 75. In Colorado Revised Statutes, amend 35-25-107 as follows:
35-25-107. Inspection of beehives for interstate movement.AnyA beekeeper or person requesting an inspection of beehives for contagious disease for the purpose of interstate movement shall beis liable for all costs of such inspection. The beekeeper or histhe beekeeper's agent shall accompany and assist the inspector in making the inspection.
SECTION 76. In Colorado Revised Statutes, 35-26-105, amend (2) as follows:
35-26-105. Prohibited acts - removal from sale - advisory alerts. (2) The commissioner or histhe commissioner's authorized agents shall issue a stop-sale order to any person offering nursery stock for sale in violation of any provision of this articlearticle 26 or any rules or regulations promulgatedadopted pursuant to this article. Anyarticle 26. A person receiving a stop-sale order shall remove such stock from sale immediately.
SECTION 77. In Colorado Revised Statutes, 35-26-108, amend (2) as follows:
35-26-108. Access to locations and records - administrative subpoena - complaints and investigations. (2) The commissioner, upon histhe commissioner's own motion or upon the complaint of any person, may make any and all investigations necessary to ensure compliance with this articlearticle 26.
SECTION 78. In Colorado Revised Statutes, 35-26-110, amend (1.5) as follows:
35-26-110. Out-of-state nurseries. (1.5) An out-of-state nursery advertising and selling nursery stock in Colorado and having no duly appointed resident agent in this state upon whom process may be served as provided by law shall be deemed to have appointed the secretary of state as the agent of saidthe nursery upon whom service of process may be had in the event of any suit against saidthe nursery. Service on the secretary of state of any such process shall be made by delivering to and leaving with himthe secretary of state or with histhe secretary of state's deputy, an assistant, or a clerk two copies of such process. The secretary of state shall also require a statement whichthat contains the name and address of the nonresident's home or home office. After receipt of such process the secretary of state shall forward to the defendant a copy of the process by registered mail, return receipt requested. The person so serving the secretary of state shall immediately send or give to the commissioner a notice of such service and a copy of the process. The secretary of state shall collect at the time of any service of process on himthe secretary of state as resident agent a fee whichthat shall be determined and collected pursuant to section 24-21-104 (3). C.R.S.
SECTION 79. In Colorado Revised Statutes, amend 35-26-111 as follows:
35-26-111. Rules. The commissioner is hereby authorized and directed to promulgateshall adopt such rules and regulations as he may deemas the commissioner deems necessary and proper for the furtherance and enforcement of the provisions of this article. Suchthis article 26. The rules and regulations shall be promulgatedadopted in accordance with applicable provisions of article 4 of title 24. C.R.S.
SECTION 80. In Colorado Revised Statutes, 35-26-113, amend (1) as follows:
35-26-113. Bodies politic. (1) All growing fields and all other premises in this state on which nursery stock is being grown or held by bodies politic for the purpose of planting on public or private grounds shall be inspected at least once each year by the commissioner or histhe commissioner's authorized agents.
SECTION 81. In Colorado Revised Statutes, 35-26-114, amend (3)(a), (4), (5), (6), (7) introductory portion, and (7)(e) as follows:
35-26-114. Enforcement - subpoenas - cease-and-desist orders - hearings - denial, revocation, or suspension of registration. (3) (a) Whenever the commissioner has reasonable cause to believe a violation of anya provision of this articlearticle 26 or anya rule madeadopted pursuant to this articlearticle 26 has occurred and immediate enforcement is deemed necessary, hethe commissioner may issue a cease-and-desist order, which may require anya person to cease violating anya provision of this articlearticle 26 or anya rule madeadopted pursuant to this article. Sucharticle 26. The cease-and-desist order shallmust set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions be ceased forthwith.
(4) The commissioner shall have full authority tomay administer oaths and take statements; to issue administrative subpoenas requiring the attendance of witnesses before himthe commissioner and the production of all books, memoranda, papers, and other documents, articles, or instruments; and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of anya witness to obey an administrative subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall beis punishable as a contempt of court.
(5) Whenever it appears to the commissioner, upon sufficient evidence satisfactory to the commissioner, that anya person has engaged in or is about to engage in anyan act or practice constituting a violation of anya provision of this articlearticle 26 or of anya rule or of anyan order promulgatedadopted under this article, hearticle 26, the commissioner may apply to anya court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this articlearticle 26 or anya rule or order promulgatedadopted under this articlearticle 26. In any such action, the commissioner shallis not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
(6) Complaints of record made to the commissioner and the results of histhe commissioner's investigations may, inat the discretion of the commissioner, be closed to public inspection, except as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a registrant.
(7) The commissioner may deny, revoke, or suspend anya registration for any of the following:
(e) If the party has knowingly misrepresented information on histhe party's application;
SECTION 82. In Colorado Revised Statutes, 35-27-122, amend (2)(c), (2)(f) introductory portion, and (2)(f)(III) as follows:
35-27-122. Arbitration council - procedures. (2) (c) The commissioner shall investigate the allegations in thea complaint. In conducting suchthe investigation, the commissioner may employ the services of any expert that he or shethe commissioner deems appropriate. Upon completion of the investigation, the commissioner shall refer the complaint to the council along with a report of the results of the investigation.
(f) In the course of his or herthe commissioner's investigation, the commissioner may:
(III) Conduct any other investigative activities that he or shethe commissioner deems necessary to obtain information relevant to the allegations in the complaint pursuant to his or herthe commissioner's authority in section 35-27-115.
SECTION 83. In Colorado Revised Statutes, 35-27.3-107, amend (2)(c) as follows:
35-27.3-107. Advisory committee - created - members - terms - duties. (2) (c) In the event of a vacancy on the advisory committee prior to the completion of a member's full term, the commissioner shall appoint a person to complete the remainder of that term. The person so appointed shall represent the same group as the member he or shethe person is replacing, as set forth in paragraph (b) of subsection (1)subsection (1)(b) of this section.
SECTION 84. In Colorado Revised Statutes, 35-28-104, amend (2), (3), and (13) as follows:
35-28-104. Definitions. As used in this article 28, unless the context otherwise requires:
(2) "Commissioner" means the commissioner of agriculture or histhe commissioner's duly authorized representative.
(3) "Distributor" means anya person engaged in the operation of selling, offering for sale, marketing, or distributing an agricultural commodity which hethat the person has produced, purchased, or acquired from a producer, handler, or other distributor, or which hethat the person is marketing inon behalf of a producer, handler, or other distributor, whether as owner, agent, employee, broker, or otherwise. but shall"Distributor" does not include a retailer; as defined in this section except that "distributor" includes a retailer whothat purchases or acquires from, or handles on behalf of anya producer, handler, or other distributor an agricultural commodity that is not theretofore subject to regulation by the marketing order covering suchthe commodity.
(13) "Retailer" means anya person whothat purchases or acquires anyan agricultural commodity for resale at retail to the general public at a fixed business location in the state for consumption off such premises. but such person shall also be included within the definition ofA retailer may also be a distributor, as set forth in this section, to the extent that hethe person engages in the business of a distributor. as defined in this section.
SECTION 85. In Colorado Revised Statutes, 35-28-105, amend (2), (3), and (4) as follows:
35-28-105. Administration of article - public hearings. (2) Whenever the commissioner has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this articlearticle 28 with respect to anyan agricultural commodity, either upon histhe commissioner's own motion or upon application of any producer or handler of such commodity, hethe commissioner shall give due notice of and an opportunity for a public hearing upon a proposed marketing order.
(3) Due notice of anya hearing called for suchthe purpose described in subsection (2) of this section shall be given to all persons who may be directly affected by anyan action of the commissioner taken pursuant to the provisions of this article,this article 28 and whose names appear upon lists to be filed by suchthe agricultural industry with the commissioner. Such hearing shall be open to the public. All testimony shall be received under oath and a full and complete record of all proceedings at any such hearing shall be made and filed by the commissioner at histhe commissioner's office.
(4) In order to effectuate the declared policy of this articlearticle 28, the commissioner has the power, after due notice and opportunity for hearing, to enter into marketing agreements with processors, distributors, handlers, producers, and others engaged in the handling of anyan agricultural commodity and the regulating of the preparation, sale, and handling of such agricultural commodity. which saidAny such marketing agreement shall beis binding upon the signatories theretoto the marketing agreement exclusively. The execution of such marketing agreement shall in no matter affectaffects the issuance, administration, or enforcement of anya marketing order provided for in this articlearticle 28. The commissioner may issue such marketing order without executing a marketing agreement or may execute a marketing agreement without issuing a marketing order covering the same commodity. The commissioner, in hisat the commissioner's discretion, may hold a concurrent hearing upon a proposed marketing agreement and a proposed marketing order in the manner provided for giving due notice and opportunity for hearing for a marketing order as provided in this articlearticle 28.
SECTION 86. In Colorado Revised Statutes, 35-28-106, amend (1) introductory portion, (1)(a), and (2) introductory portion as follows:
35-28-106. Marketing order issued - when. (1) After such notice and a hearing, the commissioner may issue a marketing order if hethe commissioner finds and sets forth in suchthe marketing order that suchthe order will tend to:
(a) Reestablish or maintain prices received by producers for suchan agricultural commodity at a level whichthat will give to suchthe commodity a purchasing power, with respect to the articles and services whichthat farmers commonly buy, equivalent to the purchasing power of suchthe commodity in the base period. The base period shall be suchis the period in which the commissioner finds that the volume of production of suchthe commodity was adequate to supply the requirements of consumers thereofof the commodity and the net returns to producers thereofof the commodity were sufficient to provide an adequate standard of living to the farm operator and histhe farm operator's family.
(2) In making the findings set forth in subsection (1) of this section, the commissioner shall take into consideration all facts available to himthe commissioner with respect to the following economic factors:
SECTION 87. In Colorado Revised Statutes, 35-28-107, amend (2) introductory portion and (2)(e) as follows:
35-28-107. Board of control. (2) NoA member of any sucha board of control shall not receive a salary but each shall be entitled to hismay receive an amount equal to the member's actual expenses incurred while engaged in performing histhe member's duties authorized in this articlearticle 28. The commissioner may authorize suchthe board to employ necessary personnel, including an attorney approved by the attorney general; fix their compensation and terms of employment; and to incur such expenses, to be paid by the commissioner from moneysmoney collected as provided in sections 35-28-113 and 35-28-114, as the commissioner may deemdeems necessary and proper to enable suchthe board properly to perform such of its duties as are authorized in this articlearticle 28. The duties of any such board shall beare administrative only and may include only the following:
(e) To submit to the commissioner for histhe commissioner's approval an estimated budget of expense necessary for the operation of any marketing agreement or order established by authority of this articlearticle 28 and also to submit for approval a method of assessing and collecting such fundsmoney, as the commissioner may findfinds necessary for the administration of such marketing agreement or order;
SECTION 88. In Colorado Revised Statutes, amend 35-28-111 as follows:
35-28-111. Termination of marketing order. The commissioner shall suspend, amend, or terminate anya marketing order, or anya provision of anya marketing order, whenever hethe commissioner finds that suchthe provision or order does not tend to effectuate the declared purposes of this articlearticle 28 within the standards and subject to the limitations and restrictions imposed in this articlearticle 28, but suchthe suspension or termination shall not beis not effective until the expiration of the current marketing season. If the commissioner finds that the termination of anya marketing order is requested in writing by more than fifty percent of the producers who are engaged within the designated production area in the production for market of the commodity specified in suchthe marketing order, or who produce for market more than fifty percent of the volume of suchthe commodity produced within the designated production area for market, the commissioner shall terminate or suspend for a specified period suchthe marketing order or provision, thereof, but such termination shall beis effective only if announced on or before such date, as may be specified in suchthe order.
SECTION 89. In Colorado Revised Statutes, 35-28-114, amend (2) as follows:
35-28-114. Disposition of money. (2) Any moneysmoney remaining in suchthe fund, allocable to any particular agricultural commodity affected by a marketing order at the discretion of the commissioner, may be refunded at the close of anya marketing season, upon a pro rata basis, to all persons from whom assessments were collected, or such portion of such moneysthe money as may be recommended by the board of control and approved by the commissioner may be carried over into the next succeeding marketing season whenever the commissioner finds that such moneysmoney may be required to assist in defraying the cost of operating suchthe marketing order in suchthe succeeding season. Upon termination by the commissioner of anya marketing order, any moneysmoney remaining, and not required by the commissioner to defray the expenses of suchthe marketing order, shall be returned by the commissioner, upon a pro rata basis, to all persons from whom assessments were collected. If the commissioner finds that the amounts so returnable are so small as to make impractical the computation and remitting of such pro rata refund to such persons, the commissioner may use the moneysmoney in suchthe fund to defray the expenses incurred by himthe commissioner in the formulation, issuance, administration, or enforcement of any subsequent marketing order for suchthe commodity.
SECTION 90. In Colorado Revised Statutes, 35-28-116, amend (3), (4), (5), and (6) as follows:
35-28-116. Administration and enforcement - cease-and-desist orders - penalty. (3) Upon the filing of a verified complaint charging a violation of any provisionsa provision of this articlearticle 28 or of any provision of anya provision of a marketing order issued by the commissioner under this articlearticle 28, and prior to the institution of anya court proceeding authorized in this section, the commissioner, in hisat the commissioner's discretion, may refer the matter to the attorney general or anya district attorney of this state for action pursuant to the provisions of this articlethis article 28 or call a hearing to consider the charges set forth in suchthe verified complaint. In such case, the commissioner shall cause a copy of suchthe complaint, together with a notice of the time and place of hearing of suchthe complaint, to be served personally or by mail, upon the person named as respondent thereinin the complaint. Such service shall be made at least three days before saidthe hearing date. The hearing shall be held in the city or town in which is situated the principal place of business of the respondent, or in which the violation complained of is alleged to have occurred, or in the nearest office of the department of agriculture, at the discretion of the commissioner. At the time and place designated for suchthe hearing, the commissioner or histhe commissioner's agents shall hear the parties to saidthe complaint and shall enter in the office of the commissioner at Denver his the commissioner's findings based upon facts established at such hearing.
(4) If the commissioner finds that no violation has occurred, hethe commissioner shall forthwith dismiss suchthe complaint and notify the parties to suchthe complaint.
(5) If the commissioner finds that a violation has occurred, hethe commissioner shall so enter histhe commissioner's findings and notify the parties to suchthe complaint. Should the respondent thereafter fail, neglect, or refuseThereafter, if the respondent fails, neglects, or refuses to desist from suchthe violation within the time specified by the commissioner, the commissioner may thereupon file a complaint against suchthe respondent in a court of competent jurisdiction as set forth in this section.
(6) Each district attorney of this state may, upon histhe district attorney's own initiative and shall upon anythe complaint of any person, if after investigation hethe district attorney believes a violation has occurred, bring a criminal action in the proper court in histhe district attorney's district or in the name of the people of this state in any other court of competent jurisdiction in the state of Colorado against anya person violating anya provision of this articlearticle 28 or of anya marketing order duly issued by the commissioner under this articlearticle 28.
SECTION 91. In Colorado Revised Statutes, 35-28-119, amend (1), (2), and (4) as follows:
35-28-119. Records - information - hearings. (1) The commissioner may require all processors or distributors subject to the provisions of any marketing order issued pursuant to this articlearticle 28 to maintain books and records reflecting their operations under saidthe marketing order, and to furnish to the commissioner or histhe commissioner's duly authorized or designated representatives such information as may be from time to time requested by them relating to operations under saidthe marketing order, and to permit the inspection by saidthe commissioner, or histhe commissioner's duly authorized or designated representatives, of such portions of such books and records asthat relate to operations under saidthe marketing order.
(2) Information obtained by any person under this article shall bearticle 28 is confidential and shall not be by him disclosed to any other person; saveexcept that the information may be disclosed to a person with likea right to obtain the same,information or anyto an attorney employed to give legal advice thereupon,concerning the information or by court order.
(4) NoA person shall not be excused from attending and testifying or from producing documentary evidence before the commissioner in obedience to the subpoena of the commissioner on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of himthe person may tend to incriminate himthe person or subject himthe person to a penalty or forfeiture, but noa natural person shall not be prosecuted or subjected to anya penalty or forfeiture for or on account of anya transaction, matter, or thing concerning which hethe natural person may be so required to testify or produce evidence, documentary or otherwise, before the commissioner in obedience to a subpoena issued by himthe commissioner; except that noa natural person so testifying shall beis not exempt from prosecution and punishment for perjury in the first degree committed in so testifying.
SECTION 92. In Colorado Revised Statutes, 35-28-120, amend (1) as follows:
35-28-120. Deposit to defray expenses. (1) Prior to the issuance of anya marketing order by the commissioner, hethe commissioner may require the applicants therefor to deposit with himthe commissioner such amount as the commissioner may deemdeems necessary to defray the expenses of preparing and making effective suchthe marketing order. Such fundsmoney shall be received, deposited, and disbursed by the commissioner in accordance with the provisions as set forth in section 35-28-114.
SECTION 93. In Colorado Revised Statutes, 35-28-121, amend (2) as follows:
35-28-121. General provisions. (2) The commissioner is authorized tomay confer with and cooperate with the legally constituted authorities of other states and of the United States for the purpose of obtaining uniformity in the administration of federal and state marketing regulations, licenses, or orders. SaidThe commissioner is authorized tomay conduct joint hearings and issue joint or concurrent marketing orders for the purposes and within the standards set forth in this articlearticle 28, and hethe commissioner may exercise any administrative authority prescribed by this articlearticle 28 to effect such uniformity of administration and regulation.
SECTION 94. In Colorado Revised Statutes, 35-29-103, amend (1) and (3) as follows:
35-29-103. Administration - seal of quality. (1) The commissioner and the representatives of the department under the direction of the commissioner shall administer and enforce this article;article 29, and, in such administration, the commissioner has and may exercise any or all the administrative powers conferred upon himthe commissioner as head of the department.
(3) When anya producer, packer, distributor, or retailer has complied with the provisions of this articlethis article 29 and the regulationsrules adopted pursuant thereto, he shall be permitted to this article 29, the producer, packer, distributor, or retailer may use the seal of quality in advertising, labeling, or marketing histhe producer's, packer's, distributor's, or retailer's product.
SECTION 95. In Colorado Revised Statutes, amend 35-30-101 as follows:
35-30-101. Cooperation with United States. The governor is authorized tomay cooperate with the government of the United States and its agents and representatives in all matters pertaining to the conservation, distribution, or production of food, insofar as hethe governor may find it possible to do so.
SECTION 96. In Colorado Revised Statutes, amend 35-30-102 as follows:
35-30-102. Powers of governor. The governor of the state of Colorado is vested with all police and regulatory powers regarding the production, storage, refrigeration, manufacture, distribution, handling, dealing in, or sale of foodstuffs or food products and other necessities of life, whether in the raw state or in manufactured form, or any article used or capable of use as food for manhuman or beast, whichthat are vested in the president or any other executive officer of the United States, but the rules, regulations, and orders promulgated by the governor in the exercise of the power conferred in this section shallmust not be more drastic than nor in conflict with the rules, regulations, and orders of the president and executive officers of the United States government.
SECTION 97. In Colorado Revised Statutes, 35-33-103, amend the introductory portion and (3) as follows:
35-33-103. Definitions. As used in this articlearticle 33, unless the context otherwise requires:
(3) "Commissioner" means the commissioner of agriculture or his or herthe commissioner's authorized agent.
SECTION 98. In Colorado Revised Statutes, 35-33-104, amend (6) as follows:
35-33-104. Commissioner of agriculture - powers and duties. (6) When the commissioner has reasonable cause to believe that any meat or meat product is being held, slaughtered, or processed in violation of this articlearticle 33 or the rules promulgatedadopted under this articlearticle 33, and when such product endangers the public health, safety, or welfare, he or shethe commissioner may issue and enforce a written retention order prohibiting any person from moving or otherwise disposing of the retained product in any manner without written permission of the commissioner. Within five days after the issuance of anya retention order, the commissioner shall hold a hearing to determine whether the retained product should be condemned or released to the owner. If the product is found to be adulterated, and the product cannot be brought into compliance with this articlearticle 33, the commissioner shall order that the retained product is inedible meat and the product shall be disposed of.
SECTION 99. In Colorado Revised Statutes, amend 35-33-105 as follows:
35-33-105. Injunctive relief. Whenever the commissioner possesses sufficient evidence satisfactory to him or herthe commissioner indicating that anya person has engaged in or is about to engage in anyan act or practice constituting a violation of anya provision of this articlearticle 33 or of anya rule promulgatedadopted under this articlearticle 33, the commissioner may apply to anya court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this articlearticle 33 or anya rule or order adopted under this articlearticle 33. In any such action, the commissioner shallis not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
SECTION 100. In Colorado Revised Statutes, 35-38-104, amend (2)(b) introductory portion and (2)(b)(IV) as follows:
35-38-104. Dealer agreement cancellation notice - definition. (2) (b) For purposes ofAs used in this subsection (2), "cause" means when a dealer:
(IV) Files a voluntary petition in bankruptcy or has an involuntary petition in bankruptcy filed against him or herthe dealer that has not been discharged within the sixty-day period after it was filed;
SECTION 101. In Colorado Revised Statutes, 35-40-115, amend (4), (5)(d), and (6) as follows:
35-40-115. Enforcement - penalty. (4) Whenever it appears to the commissioner, upon sufficient evidence satisfactory to the commissioner, that anya person has engaged in or is about to engage in anyan act or practice constituting a violation of anya provision of this part 1 or of anya rule or of anyan order promulgatedadopted under this part 1, hethe commissioner may apply to anya court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this articlearticle 40 or anya rule or order under this articlearticle 40. In any such action, the commissioner shallis not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
(5) (d) Whenever the commissioner is found to have lacked substantial justification to impose a civil penalty, the person charged may recover histhe person's costs and attorney fees from the department of agriculture.
(6) The commissioner shall have full authority tomay administer oaths and take statements; to issue subpoenas requiring the attendance of witnesses before himthe commissioner and the production of all books, memoranda, papers, and other documents, articles, or instruments; and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of anya witness to obey anya subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall beis punishable as a contempt of court.
SECTION 102. In Colorado Revised Statutes, 35-41-101, amend (2) as follows:
35-41-101. State board of stock inspection commissioners - creation - brand commissioner - enterprise - bonds. (2) The board shall appoint a brand commissioner who shall be under its supervision and who, in the absence of the board, shall carry out its policies. The brand commissioner shall beis subject to the state personnel system laws. HisThe brand commissioner's compensation shall be paid out of the brand inspection fund. The brand commissioner, certified by the state personnel director to his position on April 27, 1963, shall continue in such certified status as provided by law.
SECTION 103. In Colorado Revised Statutes, 35-42-103, amend (4) as follows:
35-42-103. Definitions. As used in this article 42, unless the context otherwise requires:
(4) "Commissioner" means the Colorado commissioner of agriculture or histhe commissioner's designee.
SECTION 104. In Colorado Revised Statutes, 35-42-107, amend (5) and (6) as follows:
35-42-107. Bureau personnel - appointment. (5) The commissioner may, in hisat the commissioner's discretion, revoke the commission of anyan agent.
(6) The commissioner may, in hisat the commissioner's discretion, determine classifications and subclassifications for the commissions of agentagents.
SECTION 105. In Colorado Revised Statutes, 35-42-108, amend (1) as follows:
35-42-108. Care of confined animal. (1) Except as authorized by law, noa person shall not confine an animal shall be confined without an adequate supply of food and water. If anyan animal is found to be confined without adequate food or water, it shall be lawful for anyan officer or agent of the bureau, a peace officer within histhe peace officer's jurisdiction, or a licensed veterinarian tomay, from time to time as may be necessary, enter into any and upon any area or building where such animal is confined and supply itthe animal with adequate food and water; except that such entry shall not be made into anya building whichthat is a person's residence, unless by search warrant or court order.
SECTION 106. In Colorado Revised Statutes, 35-42-109, amend (5)(a), (5)(c), (5)(e), and (8) as follows:
35-42-109. Protection of animals mistreated, neglected, or abandoned. (5) (a) The commissioner may, in hisat the commissioner's discretion, provide for suchthe animal until judgment by the court.
(c) The court may adjudge that the owner is a person able to adequately provide for suchthe animal and a person fit to own the animal, in which case the animal shall be returned to the owner after all reasonable expenses of any food, shelter, and care provided by the commissioner have been paid; except that, if such expenses are not paid within ten days ofafter a court order adjudging the owner a person able to adequately provide for suchthe animal and a person fit to own the animal, the commissioner may, in hisat the commissioner's discretion and without liability, dispose of the animal by selling it at public auction, placing it for adoption in a suitable home, giving it to a suitable animal shelter, or humanely destroying it as deemed proper by the commissioner.
(e) At least six days prior to disposing of the animal, the commissioner shall provide written notice to the owner at histhe owner's last-known address of the time and place of the disposition of the animal.
(8) AnyAn officer or agent of the bureau may lawfully interfere to prevent the perpetration of an act of mistreatment, neglect, abandonment, or cruelty pursuant to part 2 of article 9 of title 18, C.R.S., which act occurs in histhe officer's or the agent's presence.
SECTION 107. In Colorado Revised Statutes, amend 35-42-110 as follows:
35-42-110. Injured animals may be euthanized.AnyAn agent of the bureau or a peace officer, as described in section 16-2.5-101, C.R.S., may lawfully euthanize or cause to be euthanized, as defined in section 18-9-201 (2.7), C.R.S., anyan animal in his or herthe agent's or the peace officer's charge when, in the judgment of suchthe agent or peace officer, and in the opinion of a licensed veterinarian, the animal is experiencing extreme pain or suffering or is severely injured past recovery, severely disabled past recovery, or severely diseased past recovery. In the event a licensed veterinarian is not available, the animal may be euthanized if, by the written certificate of two persons, one of whom may be selected by the owner if the owner so requests, called to view the animal in the presence of the agent, the animal appears to be severely injured past recovery, severely disabled past recovery, severely diseased past recovery, or unfit for any useful purpose.
SECTION 108. In Colorado Revised Statutes, 35-42-111, amend (1) and (3) as follows:
35-42-111. Investigations - access - administrative subpoena. (1) The commissioner, upon histhe commissioner's own motion or upon the complaint of any person, shall make any investigations necessary to ensure compliance with this articlearticle 42.
(3) Complaints of record made to the commissioner and the results of histhe commissioner's investigations may, inat the discretion of the commissioner, be closed to public inspection, except as provided by court order, during the investigatory period.
SECTION 109. In Colorado Revised Statutes, 35-42-112, amend (1), (2)(a), and (3) as follows:
35-42-112. Enforcement. (1) The commissioner or histhe commissioner's designee shall enforce the provisions of this articlearticle 42.
(2) (a) Whenever the commissioner has reasonable cause to believe a violation of anya provision of this articlearticle 42 or anya rule madeadopted pursuant to this articlearticle 42 has occurred and immediate enforcement is deemed necessary, hethe commissioner may issue a cease-and-desist order, which may require anya person to cease violating anya provision of this articlearticle 42 or anya rule madeadopted pursuant to this articlearticle 42. Such cease-and-desist order shallmust:
(I) Set forth the provisions alleged to have been violated and the facts alleged to have constituted the violation; and
(II) shall Require that all actions causing the violation be ceased.
(3) Whenever it appears to the commissioner upon sufficient evidence satisfactory to the commissioner that anya person has engaged in or is about to engage in anyan act or practice constituting a violation of anya provision of this articlearticle 42 or of anya rule adopted pursuant to this article, hearticle 42, the commissioner may apply to anya court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this articlearticle 42 or anya rule adopted pursuant to this articlearticle 42. In any such action, the commissioner shallis not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
SECTION 110. In Colorado Revised Statutes, 35-42-115, amend (3) as follows:
35-42-115. Dangerous dog registry - created - cash fund - rules. (3) EachA person who is ordered to identify his or herthe person's dangerous dog through microchip implantation shall pay to the bureau a nonrefundable dangerous dog microchip license fee of fifty dollars, as required in section 18-9-204.5 (3)(e.5)(IV). C.R.S. The bureau shall transmit all fees collected pursuant to this subsection (3) to the state treasurer who shall credit the samemoney to the dangerous dog microchip licensure cash fund, referred to in this section as the "fund", which fund is hereby created. The moneysmoney in the fund shall beis subject to annual appropriation by the general assembly to the bureau for the costs incurred in implementing this section. The state treasurer may invest any moneysmoney in the fund not expended for the purpose of this section as provided by law. All interest and income derived from the investment and deposit of moneysmoney in the fund shall be credited to the fund. Any unexpended and unencumbered moneysmoney remaining in the fund at the end of a fiscal year shall remainremains in the fund and shall not be credited or transferred to the general fund or another fund.
SECTION 111. In Colorado Revised Statutes, 35-42.5-101, amend (1)(a)(III) as follows:
35-42.5-101. Duties and restrictions relating to shelters and pounds - legislative declaration - red tagging prohibited - enforcement - penalty - definitions. (1) (a) (III) If a pound or shelter provides dogs or cats to facilities for experimentation, suchthe pound or shelter shall inform an owner who is relinquishing histhe owner's dog or cat to the pound or shelter of such practice. The pound or shelter may charge a reasonable fee for housing the dog or cat during the two-week period the animal is cared for by the pound or shelter.
SECTION 112. In Colorado Revised Statutes, 35-43-105, amend (2) as follows:
35-43-105. Fee to record brands - unlawful use - penalty. (2) It is unlawful for anya person, an association, or a corporation to brand or cause to be branded any livestock with a brand whichthat has not been recorded with the state board of stock inspection commissioners, as provided in subsection (1) of this section, or with a brand whichthat has been previously recorded by another person, association, or corporation. When anyan owner of a recorded brand in use in this state moves histhe owner's cattle, branded with histhe owner's own brand, to a new and different range or locality in this state within which territory there is in use a conflicting or similar recorded brand, the state board of stock inspection commissioners may order such recorded brand owner so moving to a new range or locality to discontinue the use of histhe owner's recorded brand in that locality, and the board, at its discretion, may cancel such brand ordered to be so discontinued.
SECTION 113. In Colorado Revised Statutes, amend 35-43-116 as follows:
35-43-116. Wrongful branding - penalty. If anya person, an association, or a corporation willfully and knowingly brands, or causes to be branded, an animal whichthat is the property of another with his or herthe person's, association's, or corporation's brand or any brand whichthat is not the recorded brand of the owner or willfully and knowingly effaces, defaces, or obliterates anya brand or mark upon such an animal, suchthe person or anythe officer or director of any such association or corporation commits a class 6 felony and shall be punished as provided in section 18-1.3-401. C.R.S.
SECTION 114. In Colorado Revised Statutes, amend 35-43-117 as follows:
35-43-117. Use of false brand - damages.AnyA person who brands or marks, or causes to be branded or marked, anyan animal whichthat is the property of another with histhe person's brand or anya brand whichthat is not the recorded brand of the owner or effaces, defaces, or obliterates anya brand or mark upon anyan animal is guilty of theft and, upon conviction thereof, shall beis liable to the owner thereofof the animal for three times the value of the animal so branded or marked or upon which the brand or mark has been effaced, defaced, or obliterated. Payment of the forfeiture provided in this section shalldoes not entitle the person so branding, effacing, defacing, or obliterating a brand to the property right in the animal so branded or upon which the brand was effaced, defaced, or obliterated, but such animal shall be surrendered to the proper owner.
SECTION 115. In Colorado Revised Statutes, 35-43-120, amend (1) as follows:
35-43-120. Trespassing on lands - injuring resident - penalty. (1) It is the duty of anyA person owning or having charge of any drove of cattle, horses, or sheep, who when driving the same into or through any county of Colorado of which the owner is not a resident or landowner and where the land in such county is occupied and improved by settlers and ranchers, toshall prevent the same from mixing with the cattle, horses, or sheep belonging to the actual settlers and also to prevent said drove of cattle, horses, or sheep from trespassing on such land as may bethat is the property or in the possession of thean actual settler and used by himthe settler for the grazing of animals or the growing of hay or other crops or from doing injury to ditches.
SECTION 116. In Colorado Revised Statutes, 35-43-130, amend (1) as follows:
35-43-130. Cattle in feedlots - penalty. (1) A Colorado brand inspector shall inspect all cattle entering a Colorado custom feedlot for feeding under a custom contract if the cattle are not accompanied by a brand certificate or valid documentation of purchase listing all brands or no brands. In addition, all cattle entering Colorado for grazing purposes under a leased grazing agreement, owned by a nonresident, shall also be inspected by a duly authorized Colorado brand inspector. The brand inspector shall issue a certificate of inspection to the proven owner and a copy of such certificate to the custom feedlot operator or ranch manager after ownership is established and before the cattle are mixed with any other cattle or turned loose for grazing. Upon completion of the inspection, saidthe inspector shall collect an inspection fee in the amount prescribed by the state board of stock inspection commissioners pursuant to section 35-41-104. If the cattle are carrying more than two consistent brands, the owner shall mark or brand all of histhe owner's cattle with the same brand, with one of the two existing brands, with a brand of valid registry of the owner, or with an ear tag specifically identifying each animal to a specific feedlot or otherwise identify the cattle as prescribed by the board. Evidence of this brand or permanent mark shall be shown on the certificate of inspection in addition to brands or no brands found on the inspected cattle for future reference of valid proven ownership. When ear tags are utilized, each ear tag shallmust be legible and at least one inch in height and two inches in width.
SECTION 117. In Colorado Revised Statutes, 35-43-203, amend (1)(f) as follows:
35-43-203. Requirements for slaughterer business. (1) Every person carrying on the trade or business of a slaughterer of livestock in this state:
(f) Shall require any person from whom he or shethe person purchases the carcass or any part thereofof the carcass, not inspected by a state brand inspector immediately prior to slaughter, to exhibit the hide as provided in section 35-43-207;
SECTION 118. In Colorado Revised Statutes, amend 35-43-208 as follows:
35-43-208. Person killing for own use. Unless thea hide has been previously inspected and released by a duly authorized Colorado brand inspector, it is unlawful for any person to possess or to kill livestock to obtain any part of the animal for his or herthe person's own use without preserving the hide of suchthe animal intact with a complete unskinned tail attached thereto for a period of not less than thirty days, during which period the hide shall be presented upon the demand of any person.
SECTION 119. In Colorado Revised Statutes, amend 35-43-210 as follows:
35-43-210. Inspection of hide. The sheriff or deputy sheriff of anya county in this state and anya regular or special brand inspector appointed by the board are hereby authorized and empowered tomay require anya person who kills for his or herthe person's own use and consumption any livestock to produce for inspection the hide of any such livestock that has been killed within thirty days unless the livestock has been inspected and tagged prior to suchthe demand for inspection. In the absence of the owner or proper corporate officer, the person in charge of the premises where the meat then is shall produce the hide for inspection upon demand.
SECTION 120. In Colorado Revised Statutes, amend 35-44-102 as follows:
35-44-102. Taking up estrays - notice.NoA person shall not take into histhe person's custody an estray animal unless the sameanimal is found trespassing upon lands owned, leased, or otherwise controlled by himthe person. The state board of stock inspection commissioners or an authorized brand inspector representing saidthe board has authority to move such estray animal to a safe and practical place within the immediate vicinity to be held during the legal advertising period. When anya person takes into histhe person's custody an estray, within five days thereafter hethe person shall make outexecute a written description of suchthe animal, setting forth all marks or brands appearing upon such animal and other marks of identity, such as color, age, size, sex, and possible owner, and forward the same by mail to the state board of stock inspection commissioners in Denver or notify the nearest authorized brand inspector. AnyA person having knowledge of anyan estray animal upon the public range may notify the state board of stock inspection commissioners, or any authorized brand inspector of saidthe board, giving a description of saidthe estray, and upon instructions from the board of stock inspection commissioners, or from an authorized inspector of the board, saidthe estray shall be held by suchthe person to be turned over to a duly authorized inspector of saidthe board for disposition as the board may direct according to law.
SECTION 121. In Colorado Revised Statutes, amend 35-44-103 as follows:
35-44-103. When estray returned to owner. Upon receiving notice that anya person has taken into histhe person's custody anyan estray animal, it is the duty of the state board of stock inspection commissioners toshall make or cause to be made an examination of the state brand records, and, if from this record the name of the owner or probable owner can be determined, itthe board shall forthwith notify himthe owner or probable owner of the taking into custody of suchthe estray. Upon the owner proving ownership to the satisfaction of the state board of stock inspection commissioners, that the estray animal is rightfully his, the state board shall issue to himthe owner an order to receive the same upon payment of any reasonable charges whichthat may have been incurred in the care of saidthe animal.
SECTION 122. In Colorado Revised Statutes, amend 35-44-104 as follows:
35-44-104. Owner not found - advertisement. If the brand commissioner appointed by the state board of stock inspection commissioners is unable to determine from the brand records and description who is the owner or probable owner of anya reported estrays, heestray, the brand commissioner shall cause notice showing a facsimile of the brand and other identifying characteristics carried by the estray to be posted in the offices of all county clerk and recorders, andin licensed livestock markets, and in other conspicuous places in the area where saidthe estray was found. SaidThe livestock notice shallmust state when and where the estray animal was taken into custody. In addition, the brand commissioner shall cause a notice giving a general description of the estray to be placed in a local newspaper within the county where the estray is held, and saidthe notice shall be carried in one regular issue only. Both notices shallmust state that unless the animal is claimed by the legal owner within ten days after the publication or posting of the notice, whichever is later, then the sameanimal shall be sold by the state board of stock inspection commissioners for the benefit of the owner when found.
SECTION 123. In Colorado Revised Statutes, amend 35-44-105 as follows:
35-44-105. Sale of estrays. If saidan estray animal is not claimed within ten days after the posting of an estray notice, it shall be sold by the state board of stock inspection commissioners, through an authorized brand inspector of the board, in such manner as the board may direct. It is the duty of The brand inspector making suchthe sale toshall give a bill of sale to the purchaser from the state board of stock inspection commissioners, signed by himselfthe brand inspector as inspector for the board, which bill of sale shall beis legal evidence of the ownership of saidthe animal by the purchaser thereof and shall beis a legal and valid title to saidthe animal.
SECTION 124. In Colorado Revised Statutes, amend 35-44-107 as follows:
35-44-107. Custody of estray - claimant. When anya person takes into histhe person's custody anyan estray animal and sends a description of the same to the state board of stock inspection commissioners, saidthe person shall be entitled tomay hold samethe estray animal lawfully until relieved of its custody by the state board of stock inspection commissioners. ShouldIf a claimant for saidthe estray animal applyapplies to the person who has custody of the estray animal for possession of the same, the said person shall at once notify the state board of stock inspection commissioners in writing of such application, and, shouldif the said board beis satisfied that saidthe applicant is the rightful owner, it shall forthwith issue an order authorizing saidthe person inwith custody to deliver the estray to the owner, who may be required to pay any reasonable charges made by saidthe person inwith custody. In case of a controversy as to what constitutes a reasonable charge, the state board of stock inspection commissioners shall fix the amount. The time of service for which saidthe person may claim remuneration commences upon the date of notification made by the said person to the state board of stock inspection commissioners.
SECTION 125. In Colorado Revised Statutes, amend 35-44-111 as follows:
35-44-111. Concealing estray - penalty.AnyA person who conceals anyan estray found or taken into his or herthe person's custody, or effaces or changes anya mark or brand thereonon an estray, or carries the samean estray beyond the limits of the county where found, or knowingly permits the samethe concealment, effacing, or changing of a mark or brand on an estray animal to be done, or neglects to notify or give information of estraysan estray to the state board of stock inspection commissioners is guilty of a class 6 felony and, upon conviction thereof, shall be punished as provided in section 18-1.3-401. C.R.S.
SECTION 126. In Colorado Revised Statutes, 35-45-103, amend (1) as follows:
35-45-103. District court has jurisdiction. (1) Whenever a dispute arises as to which respective class of livestock has the better right to graze upon anya particular portion of saidthe public domain, the district court of the county wherein suchin which some or all of the disputed area or some part thereof lies has jurisdiction to determine the matters in an action in equity for an injunction to be brought by anya person claiming such better right and against anya person violating or threatening to violate any such alleged better right. In all actions brought under the terms of this articlearticle 45, service of process may be made in person or by publication, as provided byand shall be conducted in accordance with rule 4 of the Colorado rules of civil procedure. and the procedure shall be as provided by these rules. The plaintiff may proceed against all unknown defendants the same as in an action in rem and may have said disputed area established either as a cattle or sheep range, as the case may be. In such action, if anya defendant disclaims or suffers a decree against himthe defendant by default, no costs shall not be taxed against himthe defendant. The court may in its discretion grant a temporary restraining order or a temporary injunction as in ordinary cases of suits for injunctions.
SECTION 127. In Colorado Revised Statutes, 35-45-109, amend (1) as follows:
35-45-109. Range improvement fund - board of district advisers. (1) All moneysmoney paid to the counties shall be deposited with the county treasurer in a special fund to be known as the range improvement fund of district no. __. The county treasurer of anya county in which a district is located shall beis the ex officio district treasurer and custodian of moneysmoney received and shall be liable upon histhe county treasurer's official bond for all moneysmoney deposited in saidthe range improvement fund. The county treasurer, as ex officio district treasurer, shall pay out such money in saidthe range improvement fund upon the warrant of the chairman or vice-chairmanchair or vice-chair of the district grazing advisory board or a board of district advisers established pursuant to subsection (2) of this section and after consultation with the district manager of the grazing district in which county the moneys weremoney was deposited. SaidThe district grazing advisory boards are established pursuant to Public Law 94-579 (43 U.S.C. sec. 1753) or its successor, as may be established by the secretary of the interior pursuant to the "Federal Advisory Committee Act", Public Law 92-463 (86 Stat. 770; Title 5, App.).
SECTION 128. In Colorado Revised Statutes, 35-46-102, amend (2) as follows:
35-46-102. Owner may recover for trespass. (2) Whenever anya person stocks land, not enclosed by a lawful fence, on which suchthe person has a lawful right to pasture or forage livestock, with a greater number of livestock than suchthe land can properly support or water and any of suchthe livestock pasture, forage, or water on the lands of another person, in order to obtain the proper amount of pasture, forage, or water or whenever anya person stocks with livestock land on which suchthe person has no lawful right to pasture or forage livestock and suchthe livestock pasture, forage, or water on such land or on other land on which suchthe person has no right to pasture or forage livestock, hethe person shall be deemed a trespasser and shall be liable in damages and subject to injunction.
SECTION 129. In Colorado Revised Statutes, amend 35-46-103 as follows:
35-46-103. Board of arbitration. When anya person is trespassed upon or damaged by any livestock or takes into histhe person's custody any livestock under section 35-46-102, the claim for damages occasioned by saidthe livestock may be arbitrated by a board of three arbitrators, at the option of the party aggrieved selecting one, the owner of the livestock selecting a second, and the two thus chosen selecting a third. SaidThe chosen arbitrators so chosen shall meet and act as a board of arbitration within five days after a written application for arbitration is made therefor by either party and written notice given to the other party. It is the duty of The person so taking into custody suchthat takes the livestock tointo custody shall notify in writing within five days after the taking the livestock into custody thereof the owner or person in charge of suchthe livestock. If the owner or person in charge of suchthe livestock is not known to the person taking the livestock into custody or cannot be found after diligent search and inquiry, then the person so taking custody of suchthe livestock shall publish within one week a notice containing a full description of suchthe livestock, including all marks and brands as nearly as can be ascertained, in a papernewspaper published nearest the place where the alleged damage occurred. In the event the owner of suchthe livestock cannot be found within ten days after the date of the publication of suchthe notice, the livestock shall beis an estray and the state board of stock inspection commissioners shall beis entitled to saidthe livestock subject to the lien for damage sustained and cost and care and feeding of the same by the person taking suchthe livestock into custody. Such person shall deliver the samelivestock to the owner thereofof the livestock whenever such owner furnishes the person so damaged by suchthe livestock a bond in an amount that is double the amount of the damage claimed, executed by two responsible persons, said bond to be satisfactory to suchthe damaged party or approved by a county judge or district judge of suchthe county, and conditioned upon the payment to the person taking custody of suchthe livestock all damages and costs, if any such damages or costs are awarded.
SECTION 130. In Colorado Revised Statutes, amend 35-46-104 as follows:
35-46-104. Finding of board - enforcement. The finding of saidthe board of arbitration, when reduced to writing and signed by a majority of the members thereofof the board, constitutes an obligation on the part of the person against whom the finding is made to pay to the aggrieved party the sum set forth in the finding of saidthe board of arbitration. In the event the person against whom the finding of suchthe board of arbitration is made fails, neglects, or refuses to pay to the aggrieved party the sum set forth in the finding of saidthe board of arbitration within thirty days fromafter the date of the written findings of suchthe board, then the finding of saidthe board of arbitration may be filed in anya court of record within the jurisdiction where the damage was sustained. The finding of suchthe board so filed shall be deemed for the purposes of sections 35-46-101 to 35-46-110 a judgment of saidthe court and execution may issue thereonon the judgment as by law provided in judgments of saidthe court. The costs agreed upon to be incurred in saidthe arbitration shall follow the findings as in suits at court. If the owner of any livestock makes a tender in money of all damages to the person claiming damages, the person claiming damages shall pay all costs and expenses thereafter accruing unless hethe person is awarded a larger amount than was tendered by the owner of such livestock.
SECTION 131. In Colorado Revised Statutes, amend 35-46-106 as follows:
35-46-106. Care of stock taken into custody.It is the duty of anyA person who takes any animalsan animal into custody under the provisions of this article toarticle 46 shall feed and care for such animalsthe animal in a reasonable, careful, and prudent manner and keep the sameanimal in as good order and condition as when so taken into custody, by the said party, and he shall bethe person is liable for any damage occasioned by histhe person's failure to do so. For such feed and care suchthe party shall be entitled tomay recover from the owner of such animalsthe animal a reasonable compensation, to be recovered as provided for the recovery of damages sustained.
SECTION 132. In Colorado Revised Statutes, amend 35-46-113 as follows:
35-46-113. Cost and repair - how recovered. Partition fences between agricultural and grazing land shall be erected and also kept in repair at the joint cost of the owners of the respective adjoining tracts, except as otherwise agreed by such owners. If, after thirty days' written notice, served personally or by registered mail by either the owner or tenant of one tract upon the owner or tenant of the other tract, such other owner neglects or refuses to erect or repair one-half of the partition fence, the person giving notice may proceed to erect or repair the entire partition fence and collect by a civil action at law one-half the entire cost thereofof erecting or repairing the partition fence from the other owner. AnyA judgment obtained against the owner of any land for the value of histhe owner's share of any such partition fence or the repair thereof shall beof the partition fence is a lien upon suchthe owner's land to which suchthe fence is appurtenant, and a special execution may issue and be levied upon the land to which suchthe fence is appurtenant, as in the manner now prescribed for the levying of an execution under the foreclosure of a mortgage upon real property. SuchThe land may be sold under sheriff's sale for the purpose of satisfying suchthe special execution in the same manner as is now provided for the foreclosure of mortgages on real property.
SECTION 133. In Colorado Revised Statutes, amend 35-47-102 as follows:
35-47-102. Duty of custodian - fees - recovery. Where said animals are in violation of section 35-47-101, it is the duty of everya sheriff or other peace officer of the county, on complaint of any person, toshall take custody of such animalsthe animal and place themit on feed and water. HeThe sheriff or other peace officer may appoint a custodian for such purpose and pay suchthe custodian a fee of four dollars per day to be assessed as costs, and the owner or agent may give the sheriff or other peace officer a redelivery bond in sufficient sum for repossession of histhe owner's or agent's stock, pending a court action. In cases where the owner or agent is known and has been convicted in court, the sheriff or other officer may dispose of such animals or sufficient numbers of them to pay for the fine and reasonable costs of feeding and other expenses in connection therewithwith the animals, after giving ten days' notice by posting three notices in public and conspicuous places. In cases where the owner of such animals is unknown, the animals shall be taken up and disposed of by the state board of stock inspection commissioners or one of its duly authorized representatives, the same as other estrays as provided for by law.
SECTION 134. In Colorado Revised Statutes, 35-48-103, amend (2) as follows:
35-48-103. Inferior bulls or rams - penalty. (2) AnyA person permitting cows of which hethe person is the owner or agent of the owner to run at large upon the public ranges of this state shall furnish during breeding season at least one registered purebred bull of one of the recognized beef breeds, not less than eighteen months of age, for every twenty-five head of cows or fraction thereof over ten head so permitted to run at large in this state. NoAn owner or agent of the owner shall not permit anya jersey, holstein, guernsey, ayrshire, or other bull that is not registered or eligible for registration as one of the recognized beef breeds to run at large in this state under any pretense whatever, and, should any such bull break through any enclosure surrounded by a lawful fence, the owner of suchthe animal shall beis liable for all damages occasioned by such trespass.
SECTION 135. In Colorado Revised Statutes, 35-50-103, amend the introductory portion and (12) as follows:
35-50-103. Definitions. As used in this articlearticle 50, unless the context otherwise requires:
(12) "State veterinarian" means the state veterinarian of the Colorado department of agriculture or his or herthe state veterinarian's authorized representative.
SECTION 136. In Colorado Revised Statutes, 35-50-109, amend (10) as follows:
35-50-109. Inspection and testing. (10) Whenever in the opinion of the state veterinarian there exists within this state a livestock disease that he or shethe state veterinarian is unable to diagnose or identify, the commissioner may call upon the veterinary department of Colorado state university to cause scientific investigation to be made to determine the exact character of suchthe disease. Colorado state university may charge the actual and necessary direct expense of laboratory and diagnostic procedures connected therewithwith the investigation.
SECTION 137. In Colorado Revised Statutes, amend 35-52-114 as follows:
35-52-114. Permit to be obtained. Prior to the feeding of garbage to any swine located in the state of Colorado, the owner or feeder, as the case may be, shall first obtain a permit from the state agricultural commission. The applicant for a garbage feeding permit shall certify in the application that hethe applicant has facilities for cooking garbage in one or more of the methods described in section 35-52-113 (2). The state agricultural commission mustshall, within a reasonable time, ascertain that such facilities are as represented and, if the requirements of section 35-52-113 can be fulfilled, issue a permit to the applicant.
SECTION 138. In Colorado Revised Statutes, amend 35-53-102 as follows:
35-53-102. Duties of brand inspector.It is the duty of The brand inspector, who shall be notified as provided in section 35-53-105 or shall be selected by the board of stock inspection commissioners, toshall inspect the brands and earmarks of any cattle, horses, or mules to be transported by rail, truck, or other conveyance from any point within this state to any point within or without the state or to be driven out of the state and toshall make a report to the state board of stock inspection commissioners of the result of the inspection, which hethe brand inspector shall certify to as correct, of the result of such inspection at least once every thirty days or oftenermore often if in the opinion of the board of stock inspection commissioners it is necessary to do so. It is also the duty of saidThe brand inspector toshall also furnish to any person, firm, association, or corporation, or to any agents, servants, or employees thereofof any person, firm, association, or corporation, having cattle, horses, or mules destined to be so shipped or driven, a certificate to the effect that hethe brand inspector has duly inspected the brands and earmarks of any suchthe cattle, horses, or mules enumerated and designated in the notice furnished suchto the brand inspector.
SECTION 139. In Colorado Revised Statutes, 35-53-111, amend (1) as follows:
35-53-111. Sanitary rules as to movement of livestock - quarantine - fees - penalty. (1) The state agricultural commission may make and adopt such quarantine and sanitary regulations affecting the movement of livestock into and out of the state of Colorado and within the borders of saidthe state as may from time to time be necessary to prevent the introduction into the state or the spread within the state of any contagious or infectious disease, and the expense of such quarantine measures and the carrying out of such regulations shall be made by the imposition of a fee of three cents per head on all cattle and horses and one and one-half cents per head on all sheep entering the state of Colorado from any quarantine or infected territory. Whenever the state agricultural commission knows or has good reason to believe that anya contagious or infectious disease exists in anya locality in any other state, territory, or country or that there are conditions whichthat render domestic animals from suchan infected district liable to bring such disease into thisthe state, itthe commission may report the same to the governor of the state of Colorado whereupon, by proclamation, hethe governor shall prohibit the importation of any such livestock into this state, unless accompanied by a certificate of health given by the state veterinarian or sanitary inspectors appointed by the state agricultural commission, which veterinarian or sanitary inspectors shall carefully examine all such livestock previous to the giving of such certificate.
SECTION 140. In Colorado Revised Statutes, 35-52-113, amend (1) as follows:
35-52-113. Garbage cooking. (1) It is unlawful for any person, firm, partnership, or corporation, including eleemosynarycharitable institutions, to feed garbage to animals unless suchthe garbage has been heated throughout to boiling or equivalent temperature for thirty minutes or heated according to a method specifically promulgatedadopted by the state agricultural commission; butexcept that this requirement shalldoes not apply to an individual who feeds to histhe individual's own animals only the garbage obtained from histhe individual's household.
SECTION 141. In Colorado Revised Statutes, 35-53-115, amend (1) as follows:
35-53-115. Inspection and transportation of hides - fee - records. (1) It is unlawful for any person, firm, corporation, railroad company, or other common carrier to transport or cause to be transported within this state or beyond the limits of this state any hides that have not been inspected and tagged by a duly authorized brand inspector of the state board of stock inspection commissioners for the district in which suchthe hides are shipped. A certificate of inspection as provided for in section 35-53-102 shallmust accompany all shipments and shall be exhibited by the carrier or his or herthe carrier's agent at any time upon demand of any inspector or peace officer. For each hide thus inspected there shall be paid by the owner or holder thereof a fee in the amount prescribed by the board, pursuant to section 35-41-104, to the inspector before he or shethe inspector issues the hide inspection certificate authorizing the transportation of such hides.
SECTION 142. In Colorado Revised Statutes, amend 35-53-116 as follows:
35-53-116. Hides inspected - fee - seizure. (1) In the event anyan authorized brand inspector is making an inspection of hides or the inspection of any slaughtered carcasses, the hides from all such carcasses shall be exhibited to the inspector at the time of the inspection, and if the inspector is satisfied that the person, firm, or corporation is acting within the law, the inspector, in addition to furnishing the certificate, shall tag or mark the carcasses and hides in a manner to be designated by the state board of stock inspection commissioners as evidence that the same have been inspected. In any case where the inspector has reason to doubt the ownership of anya carcass or of anya hide, hethe inspector shall refuse to write the hide inspection certificate and shall be authorized tomay seize any such hide or any such carcass of beef and hold the same for proper proof of ownership and to dispose of the same as provided in sections 35-53-118 and 35-53-119.
(2) In the event that anyan authorized brand inspector is making anyan inspection of hides received at anya hide house, the owner or person in charge of suchthe hide house shall exhibit any hides in histhe owner's or person's possession and shall show proof of ownership evidenced by proper bill of sale showing the brand, if any, on the hide or by a brand inspection certificate issued by a brand inspector in the district at the point of origin of the hide. The inspector is authorized tomay seize and impound any hides in the possession of any hide house that are not properly cleared for ownership by a valid bill of sale or brand inspection certificate and to dispose of the same as provided by law for the disposal of estrays.
SECTION 143. In Colorado Revised Statutes, amend 35-53-117 as follows:
35-53-117. Officer may inspect vehicle.AnyA duly authorized inspector, sheriff, deputy sheriff, or peace officer is authorized tomay stop and inspect anya motor or other vehicle transporting or containing livestock, or the carcasses thereofof livestock, and demand from the person operating saidthe motor or other vehicle the exhibition of a bill of sale, permit, or certificate. If anya person who transports or who has in possession saidpossesses livestock, or the carcasses thereofof livestock, is unable to exhibit to suchan inspector or peace officer saida bill of sale, permit, or certificate, saidthe inspector or peace officer is empowered tomay arrest, with or without warrant, any suchthe person, operating said motor or other vehicle, to take possession of the samemotor vehicle or other vehicle and the livestock or carcasses, therein, and to retain such possession until the person operating suchthe motor vehicle or other vehicle can produce satisfactory evidence that hethe person, or the person, firm, or corporation for whom the same islivestock or carcasses are being transported, is the lawful owner thereofof the livestock or carcasses or until suchthe livestock or the carcasses thereof, are disposed of as provided in sections 35-53-118 and 35-53-119.
SECTION 144. In Colorado Revised Statutes, amend 35-53-118 as follows:
35-53-118. Officer may sell carcasses. If saidan inspector or peace officer deems it necessary to sell saidany carcasses so taken to prevent the loss of samethe carcasses by spoiling, he is authorized tothe inspector or peace officer may do so, retaining the sale price thereofof the carcasses in histhe inspector's or peace officer's possession to be disposed of as provided in section 35-53-119.
SECTION 145. In Colorado Revised Statutes, amend 35-53-122 as follows:
35-53-122. Duty to exhibit permit.AnyA driver or other person in charge or control of anya truck, automobile, or other vehicle so transporting or carrying live sheep, swine, goats, horses, mules, or domestic fowl, or the carcasses thereofof such animals, upon demand of any peace officer of the state, of Colorado, shall exhibit to suchthe peace officer histhe driver's or other person's permit to carry saidthe livestock, or domestic fowl, or the carcasses thereof, or, in lieu of exhibiting such a permit, upon demand of such peace officer, shall make a written statement which shall containthat contains the same information as is specified in section 35-53-121.
SECTION 146. In Colorado Revised Statutes, amend 35-53-126 as follows:
35-53-126. Inspection at market - penalty. All cattle that are subject to inspection in the state by virtue of any law or regulation, on arrival at any market, shall be inspected by a duly authorized brand inspector, regardless of whether or not they have been previously inspected at the point of origin, before they are taken to the scales for weighing or are weighed at suchthe market unless suchthe cattle are released by an authorized brand inspector. AnyA person, whether acting in his or heron the person's own behalf or as an agent, servant, officer, or employee of anya person, firm, corporation, or association, who violates any provisions of this section commits a civil infraction.
SECTION 147. In Colorado Revised Statutes, 35-53-128, amend (1) as follows:
35-53-128. Brand inspectors - powers of arrest. (1) In addition to hisany other duties, a duly appointed brand inspector is authorized tomay ride the ranges, pastures, and other localities within the state to protect the livestock industry of the state from depredations and theft.
SECTION 148. In Colorado Revised Statutes, amend 35-53-132 as follows:
35-53-132. Failure to give notice - penalty.AnyAn owner or foremanforeperson who segregates, forms flocks of, transports, or drives any sheep from authorized inspection districts without giving due notice to an authorized inspector as required by section 35-53-131 (3) commits a petty offense.
SECTION 149. In Colorado Revised Statutes, 35-53.5-108, amend (2) as follows:
35-53.5-108. Movement of cattle from certified feedlots - notice - inspection. (2) All certified feedlots shall notify the local brand inspector of all anticipated shipments going directly to slaughter, giving the inspector ample notice to inspect or audit the shipment at his or herthe inspector's discretion during daylight hours.
SECTION 150. In Colorado Revised Statutes, 35-53.5-110, amend (3)(a) as follows:
35-53.5-110. Audits - inspections - complaints. (3) (a) AnyA person having reasonable suspicion of a potential violation may request, directly to the brand commissioner or his or herthe brand commissioner's designated agent, an inspection or audit of a specific certified feedlot or pen therein. Suchin the feedlot. The request may be granted or denied based upon rules of the board governing such inspection or audit. The person requesting suchthe audit shall beis responsible for paying the board's fees and costs incurred in conducting the inspection or audit; except that, if any violations are proven as a result of the inspection or audit, suchthe person shall be reimbursed from the penalties assessed pursuant to section 35-53.5-113.
SECTION 151. In Colorado Revised Statutes, 35-54-103, amend (2) as follows:
35-54-103. Requirements of bill of sale. (2) Both the seller and the buyer shall sign the bill of sale, giving the post-officemailing address of each, in the presence of a witness who also signs with histhe witness's name and address and who is a legal resident of the county where the transfer of the described livestock takes place. The bill of sale shall be dated the day of the transaction.
SECTION 152. In Colorado Revised Statutes, amend 35-54-104 as follows:
35-54-104. Purchaser must show bill of sale.It is the duty of anyA person who purchases or receives, or has in histhe person's possession, any such livestock, either for himselfthe person or for another, toshall exhibit, onat the reasonable request toof any other person, inquiring therefor, the bill of sale of such livestock if it is in histhe person's power to do so, andor, if it is not in histhe person's power to do so, tothe person shall state and give the reason therefor. Anywhy. A person violating or failing to comply with the provisions of this section shall be deemed guilty and liable to punishment as provided in section 35-54-102.
SECTION 153. In Colorado Revised Statutes, 35-54-105, amend (1) as follows:
35-54-105. Selling without bill of sale - theft. (1) AnyA person who sells or offers for sale or trades any livestock upon which suchthe person has not histhe person's recorded mark or brand, or for which the person so offering has neither bill of sale nor power of attorney from the owner of suchthe livestock authorizing suchthe sale, is guilty of theft, unless suchthe person upon trial shall establish and proveestablishes that hethe person was at the time the actual owner of the livestock so sold or traded, or offered for sale or trade, or that hethe person acted byat the direction of one proven to be the actual owner of such livestock.
SECTION 154. In Colorado Revised Statutes, 35-55-107, amend (1) introductory portion and (1)(c) as follows:
35-55-107. Discipline of licensees - revocation, suspension, probation - letter of admonition. (1) AnyA violation of the provisions of this article 55 or of anya rule adopted and published by the state board of stock inspection commissioners is deemed sufficient cause for the state board of stock inspection commissioners to revoke or suspend the license of the offending operator of the public livestock market or to place on probation the licensee, and the following are specific grounds for the imposition of any of the disciplinary actions specified in this introductory portion:
(c) If the state board of stock inspection commissioners finds the licensee guilty of buying, receiving, or offering for sale any livestock known by himthe licensee to be diseased or to have been exposed to infectious or contagious disease;
SECTION 155. In Colorado Revised Statutes, amend 35-55-111 as follows:
35-55-111. Records.OperatorsAn operator of alla public livestock marketsmarket shall keep on file an accurate record of the date on which a consignment of animals was received and sold, together withincluding the name and address of the buyer and seller, the number and species of the animals received and sold, and the marks and brands on each animal. SaidThe operator shall make such records, together with theincluding gross selling prices, commission, and other proper care, handling, and sale charges on each consignment, shall be available for inspection by the executive officer of the state board of stock inspection commissioners, histhe executive officer's deputy, or an authorized inspector. All records of sales during preceding months shall be kept readily accessible for immediate examination.
SECTION 156. In Colorado Revised Statutes, amend 35-55-114 as follows:
35-55-114. Title. The operator of each public livestock market in thisthe state shall warrant to the purchaser thereofof such a public livestock market the title of all livestock sold through histhe operator's public livestock market and shall beis liable to the rightful owner thereofof the public livestock market for the net proceeds in cash received for such livestock so sold. It is the further duty ofIf such an operator whenis notified by the authorized brand inspector that there is a question as to whether any designated livestock sold through saidthe public livestock market is lawfully owned by the consignor thereof, toof the public livestock market, the operator shall hold the proceeds received from the sale of saidthe livestock for a reasonable time, not to exceed thirty days, to permit the consignor to establish ownership. and If, at the expiration of that time, the consignor fails to establish histhe consignor's lawful ownership of suchthe livestock, saidthe operator shall release the proceeds shall be released by such operator to the state board of stock inspection commissioners, which board has authority tomay dispose of saidthe proceeds in accordance with Colorado's estray laws relating to the distribution of estray money, and the board's receipt therefor shall relieve saidof the proceeds relieves the operator from further responsibility for saidthe proceeds. Proof of ownership and an account of all sales of livestock shall be transmitted by The authorized brand inspector shall transmit to the state board of stock inspection commissioners proof of ownership and an account of all sales of livestock.
SECTION 157. In Colorado Revised Statutes, amend 35-56-101 as follows:
35-56-101. Stock register.AnyA person licensed in this state to keep an auction where horses, mules, or cattle are sold at auction shall maintain a book, called a stock register, in which hethe person shall describe minutely every animal hethe person offers for sale.
SECTION 158. In Colorado Revised Statutes, amend 35-56-102 as follows:
35-56-102. Contents of register. In sucha stock register shall be recorded the person's name who brings forward suchan animal for sale, regardless of whether or not hethe person is the owner of the sameanimal, and, if the person is not the owner, the name of the owner, with histhe owner's residence; also, the color, brand or marks, size, and age, as near as may be, of the animal so offered for sale shall be recorded.
SECTION 159. In Colorado Revised Statutes, amend 35-56-103 as follows:
35-56-103. Registration fee. The keeper of suchan auction shall be entitled tomay charge and receive for the registering of each animal so entered in histhe auction keeper's register, before hethe auction keeper offers the sameanimal for sale, the sum of twenty-five cents. All stock registers shall be open for inspection and reference toby any person who may wishwishes to examine the same,them and shall be evidence in any court where the trial of the right of property may be had.
SECTION 160. In Colorado Revised Statutes, 35-57.5-106, amend (1) introductory portion and (1)(d) as follows:
35-57.5-106. Board - qualifications of members and alternates. (1) Each member and alternate of the board shallmust have the following qualifications, which shallqualifications must continue during suchthe person's term of office:
(d) The person shall havehas been actively engaged in the raising, breeding, or growing of sheep for a period of at least three years and shall derivederives a substantial proportion of his or herthe person's income from that type of production or business.
SECTION 161. In Colorado Revised Statutes, amend 35-57.5-112 as follows:
35-57.5-112. Meetings. The first board appointed shall meet as soon as practicable for the purpose of organizing. It shall elect a chairmanchair from among its members and a secretary-treasurer who may or may not be from among its members. It shall adopt a general statement of policy for guidance and shall transact such other business as is necessary to start the work of the board. Thereafter, the board shall meet regularly once eachevery three months or at such other times as called by the chairmanchair. The chairmanchair may call special meetings at any time and shall call a special meeting when requested by three or more members of the board.
SECTION 162. In Colorado Revised Statutes, 35-57.5-116, amend (3) as follows:
35-57.5-116. License fee - expenditure of money. (3) A producer or feeder who, by virtue of his or herthe producer's or feeder's activities or circumstances, becomes a handler as defined in section 35-57.5-103 (4) or who sells, ships, or otherwise disposes of sheep to a person not subject to this articlearticle 57.5 shall forthwith remit to the authority an amount equal to the amount of fees that would otherwise have been payable under subsection (2) of this section.
SECTION 163. In Colorado Revised Statutes, 35-57.5-119, amend (5) as follows:
35-57.5-119. Refunds - fraudulent and false claims - penalty. (5) TheA claim for refund shall be signed by the person who paid the assessment. AnyA person who files a fraudulent or false claim for refund; or who, by any false pretenses, obtains or attempts to obtain a refund not legally due him,to the person; or who signs a refund claim in the name of and for another person commits theft, as defined in section 18-4-401, C.R.S., and shall be punished accordingly.
SECTION 164. In Colorado Revised Statutes, 35-57.9-103, amend (5) introductory portion and (5)(a) as follows:
35-57.9-103. Authority of commissioner to deny access to information - redaction - exceptions. (5) Nothing in this articlearticle 57.9 shall:
(a) Preclude a person in interest from accessing his or herthe person's own information;
SECTION 165. In Colorado Revised Statutes, amend 35-57.9-104 as follows:
35-57.9-104. Restrictions on information in databases - definition. (1) AnyA database created by the department that contains specific operational details that constitute confidential commercial data pursuant to section 24-72-204 C.R.S., shall not be merged or shared with any state, federal, or foreign government, industry partner, or other database that would modify the provisions with respect to how specific operational details that constitute confidential commercial data may be disseminated pursuant to section 35-57.9-103. Such data includes ownership, numbers, locations, and movements of livestock; financial information; the purchase and sale of livestock; account numbers or unique identifiers issued by government or private entities; operational protocols; and participation in an all-hazards security system; except that data within any all-hazards security system may be shared for response to or participation in any all-hazards event limited to the scope of each individual all-hazards event and to the scope of only those agencies directly involved in the all-hazards event.
(2) As used in this section, "all-hazards event" means the occurrence of anya catastrophic event or incident that is either natural, such as a blizzard, fire, flood, tornado, earthquake, or disease outbreak, or man-madehuman-made and that could be of biological, chemical, radiological, nuclear, or explosive origin.
SECTION 166. In Colorado Revised Statutes, 35-60-103, amend (1) as follows:
35-60-103. Commercial feed registration - rules. (1) NoA person shall not manufacture commercial feed within the state, or allow his or herthe person's name to appear on the label of a commercial feed as guarantor, without first registering with the department. Such registration shall expireexpires on the date specified by the commissioner by rule and may be renewed annually.
SECTION 167. In Colorado Revised Statutes, 35-60-112, amend (1) and (3) as follows:
35-60-112. Penalties. (1) AnyA person violating any of the provisions ofwho violates this articlearticle 60 or who impedes, hinders, or otherwise prevents, or attempts to prevent, the commissioner or the commissioner's duly authorized agent in the performance of his or herthe commissioner's or agent's duty in connection with this articlearticle 60 is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than two hundred fifty dollars or, upon a subsequent conviction, not less than two hundred dollars nor more than five hundred dollars.
(3) It shall be the duty of Each district attorney to whom anya violation is reported toshall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the commissioner reports a violation for prosecution, the commissioner shall allow an opportunity for the alleged violator to present his or herthe alleged violator's view to the commissioner.
SECTION 168. In Colorado Revised Statutes, amend 35-60-115 as follows:
35-60-115. Publications. The commissioner shall publish at least annually, in such form as he or shethe commissioner may deem proper and in accordance with the provisions of section 24-1-136, C.R.S., information concerning the sales of commercial feeds, together with such data on their production and use as the commissioner may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the state as compared with the analyses on the label, but the information concerning production and use of commercial feeds shallmust not disclose the operations of any person.
SECTION 169. In Colorado Revised Statutes, 35-61-103, amend (1)(c) as follows:
35-61-103. Industrial hemp advisory committee - appointments - duties - coordination with commission. (1) (c) Each committee member holds office until his or herthe member's term of office expires or until a successor is duly appointed. If a vacancy occurs on the board, the appointing authorities shall appoint a new member meeting the qualifications of the member vacating the position to serve the remainder of the unexpired term of the member.
SECTION 170. In Colorado Revised Statutes, 35-61-110, amend (6)(a) as follows:
35-61-110. Record-keeping requirements. (6) Nothing in this article 61:
(a) Precludes a person in interest from accessing his or herthe person's own information;
SECTION 171. In Colorado Revised Statutes, 35-61-114, amend (1) as follows:
35-61-114. Inspections - investigations - access - subpoenas. (1) The commissioner, upon his or herthe commissioner's own motion or upon the complaint of any person, may make any investigations necessary to ensure compliance with this article 61.
SECTION 172. In Colorado Revised Statutes, 35-65-401, amend (8.5) as follows:
35-65-401. Colorado state fair authority - creation - board - powers and duties - repeal. (8.5) All thirteen members of the board, including the commissioner of agriculture or his or herthe commissioner's designee, shall beare voting members of the board. The members of the board shall elect a chair, a vice-chair, and a secretary from among the membership of the board. Board action shall requirerequires the affirmative vote of a majority of a quorum of the board.
SECTION 173. In Colorado Revised Statutes, 35-70-103, amend (3)(a) as follows:
35-70-103. State conservation board - composition - powers. (3) (a) Any vacancies occurring in the elective positions on the state board shall be filled by the state board by the appointment of a person who would be qualified to stand for election for the state board and who is from the same area in which the vacancy occurred, and suchthe appointee shall hold office until the expiration of the term of the office to which hethe appointee was appointed.
SECTION 174. In Colorado Revised Statutes, 35-70-107, amend (3) and (4) as follows:
35-70-107. Board of supervisors - election - term. (3) Members of the board of supervisors shall beare entitled to travel expenses and other expenses necessarily incurred in the discharge of their duties, such reimbursement to be payable only from the income of the district. NoA supervisor shall beis not personally liable for the consequences of histhe supervisor's official acts. nor shall heA supervisor shall not receive, by virtue of histhe supervisor's office, any benefits from the conduct of the affairs of the district other than the benefits anya landowner may be entitled to receive from the operation of the district.
(4) If a vacancy occurs on the board of supervisors, the remaining supervisors shall appoint a successor for the remainder of the term of the seat vacated. In the event anya supervisor ceases to be a qualified voter of and landowner in the district or the corporation which hethat the supervisor represents ceases to be an owner of lands within the district, the supervisors shall thereupon declare a vacancy and proceed to appoint a successor.
SECTION 175. In Colorado Revised Statutes, 35-70-110, amend (1) and (6) as follows:
35-70-110. Appeals to state board. (1) If The owner of any lands within the district desires, he may appeal from any decision of the supervisors to the state board. To establish such an appeal, hethe owner must submit histhe owner's appeal in writing to the state board within thirty days after the date of the action of the supervisors fromto which the appeal was takenis directed. The notice of appeal shallmust state the particularspecific part of the decision of the supervisors fromto which anthe appeal is being takendirected, if less than the entire decision is being appealed, from, and shallmust state in simple and concise language the reasons why the owner considers the decision to be improper.
(6) No action shall lie in anyA court of law toshall not set aside or alter the final decision of the state board unless the petitioner or plaintiff therein alleges and shows to the court that the supervisors, in the rules or decision complained of, were guilty of gross carelessness or abuse of discretion. nor shall anyA court shall not maintain an action be maintained in such behalfto set aside or alter a final decision of the state board unless the petitioner or plaintiff therein alleges and shows to the court that hethe petitioner or plaintiff has exhausted all rights of appeal provided in this section.
SECTION 176. In Colorado Revised Statutes, 35-70-115, amend (1)(a), (3), and (7)(f) as follows:
35-70-115. Additions and withdrawals. (1) (a) If anyan owner of lands adjoining or in the immediate vicinity of the boundary of an established conservation district desires to have his or herthe owner's lands included within the district, the owner may petition the supervisors of the district, stating the legal description of the lands affected and the reasons why it is desired to have suchthe lands included within the district and shall accompany the petition with two maps showing the outer boundaries of the lands petitioned to be included within the district.
(3) If a majority of the votes cast are against such inclusionincluding the lands within the conservation district, the state board shall record the fact in its minutes, and the election shall adjourn; butexcept that, if a majority of the votes cast are in favor of such inclusion, the state board shall note that fact in its minutes and shall certify to the director of the division of local government in the department of local affairs the fact that such additional lands have been included within such district, and the director of said division shall issue hisa certificate describing the legal boundaries of the lands and stating that suchthe land has been added to and included within the district.
(7) In the event that any lands included within a district cease to be used for agricultural purposes and are thereafter devoted exclusively to commercial or industrial uses or other uses related to urban development, or are subdivided for residential purposes, or become a part of the area included within an incorporated municipality, such lands may be withdrawn from a conservation district as follows:
(f) SaidThe notice described in subsection (7)(e) of this section shall be published in one issue of a newspaper of general circulation published within the district from which suchthe lands are to be withdrawn, and, if there is no such newspaper within saidthe district, one publication in a newspaper of general circulation throughout the state shall be sufficient. SaidThe notice shall also be posted in a conspicuous place in the conservation district office of the district from which such lands are to be withdrawn. The written notice or, if notice is given by publication, Both the publication and the posted notice shall state the reasons for the withdrawal and the date on which the withdrawal becomes final and shall describe the lands to be withdrawn with such certainty as to enable a property owner to determine whether his or herthe property owner's property is included in such lands.
SECTION 177. In Colorado Revised Statutes, 35-72-102, amend (2) and (3) as follows:
35-72-102. Duty of landowner - liability for damage. (2) AnyAn owner or occupier who sustains damages to his property, including but not limited to crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock, proximately caused by the failure of any otheran owner or occupier of other land to discharge histhe other owner's duty to prevent soil blowing from land hethe other owner owns or occupies may recover actual damages from the other owner or occupier by bringing an action in any court of competent jurisdiction.
(3) AnyA unit of state government or anyan agency of the state or federal government whichthat sustains damages to any of its property, including but not limited to roads, barrow ditches, or fences, proximately caused by the failure of an owner or occupier of land to discharge histhe owner's or occupier's duty to prevent soil blowing from the land he owns or occupies may recover actual damages from suchthe owner or occupier by bringing an action in any court of competent jurisdiction.
SECTION 178. In Colorado Revised Statutes, 35-72-103, amend (2) as follows:
35-72-103. Action by county commissioners - emergency conditions. (2) Notice of suchthe citation shall be given by personal communication, if possible, and by mailing a copy thereofof the citation by registered mail addressed to each of the persons to whom the citation is directed at the address as shown on the records of the county assessor; otherwise, service of such citation shall be made as provided by the Colorado rules of civil procedure for the service of summons. Such citation shall also be posted in a public place in the county courthouse in the county in which said land is located. If such treatment is not commenced on or before three days or within such greater time as may be specified in such citation after the date of such personal communication, mailing, and posting or the service of notice as provided in this subsection (2), or if the treatment is not performed in the manner and to the extent specified in the citation and in a workmanlike manner and with due diligence, or if, prior to the expiration of the date fixed in said citation, the persons to whom said citation is directed advise the board that they do not intend to or cannot accomplish the work so directed, the board may cause such treatment to be performed in accordance with such citation.
SECTION 179. In Colorado Revised Statutes, 35-72-105, amend (2) as follows:
35-72-105. Method of assessment. (2) Upon delivery of saida resolution to thean assessor, hethe assessor shall extend the sameresolution upon the assessment rolls, and saidthe assessment shall thereupon become a part of the general taxes and constitute a lien against saidthe land as set forth in saidthe resolution and shall thereafter become due in the same manner and be collected in the same manner as the general ad valorem property tax. SuchThe assessment may be paid at any time before general taxes become due and payable. All of the provisions of the general laws for the enforcement of the collection of taxes shall beare applicable thereto after the extension by the assessor.
SECTION 180. In Colorado Revised Statutes, amend 35-72-106 as follows:
35-72-106. Judicial review.AnyA landowner aggrieved at the amount of the assessment against histhe landowner's land may bring an action in the district court of the county in which the land is situated to test the validity of the assessment or to enjoin its collection, but such action must be brought within thirty days after the assessment is made and the copy of the resolution of the board is mailed as provided in section 35-72-105 and cannot be brought thereafter.
SECTION 181. In Colorado Revised Statutes, 35-75-105, amend (1)(a) and (4) as follows:
35-75-105. Organization meeting - chair - personnel - surety bond - conflict of interest. (1) (a) The member of the board appointed by the governor shall call and convene the initial organizational meeting of the board and shall serve as its chairmanchair pro tempore. At such meeting, appropriate bylaws shall be presented for adoption. The bylaws may provide for the election or appointment of officers, the delegation of certain powers and duties, and such other matters as the authority deems proper. At suchthe meeting, and annually thereafter, the board shall elect one of its members as chairmanchair and one as vice-chairmanvice-chair.
(4) Before the issuance of any bonds under this articlearticle 75, the executive officer and associate executive officer shall each execute a surety bond in the sum of one hundred thousand dollars, and each member of the board shall execute a surety bond in the sum of fifty thousand dollars or, in lieu thereof, the chairmanchair of the board shall execute a blanket bond covering each member of the board, the executive officer, the associate executive officer, and the employees of the authority, each surety bond to be conditioned upon the faithful performance of the duties of the office covered, to be executed by a surety authorized to transact business in this state as surety. The cost of each suchthe bond shall be paid by the authority.
SECTION 182. In Colorado Revised Statutes, amend 35-75-119 as follows:
35-75-119. Investment powers of authority. The authority has the power tomay invest any fundsmoney held in reserve, sinking funds, capital reserve funds, or any funds not required for immediate disbursement in property or in securities in which the state treasurer may legally invest fundsmoney subject to histhe state treasurer's control; and to sell from time to time such securities thus purchased and held; and to deposit any securities in anya trust bank within or without the state. In addition, the authority has the power tomay invest any such fundsthe money in unsecured promissory notes of a national bank having the highest investment ratings. Any fundsmoney deposited in a banking institution shall be secured in such manner and subject to such terms and conditions as the board may determine, with or without payment of any interest on such deposit, including, without limitation, time deposits evidenced by certificates of deposit. AnyA commercial bank incorporated under the laws of this state whichthat may act as a depository of any fundsthe money of the authority may issue indemnifying bonds or may pledge such securities as may be required by the board.
SECTION 183. In Colorado Revised Statutes, amend 35-75-122 as follows:
35-75-122. Enforcement of rights of bondholders.AnyA holder of bonds issued pursuant to this articlearticle 75 or a trustee under a trust agreement or trust indenture entered into pursuant to this articlearticle 75, except to the extent that histhe bond holder's or trustee's rights are restricted by any bond resolution, may protect and enforce, by any suitable form of legal proceedings, any rights under the laws of this state or granted by the bond resolution. Such rights include the right to compel the performance of all duties of the authority required by this articlearticle 75 or the bond resolution and to enjoin unlawful activities.
SECTION 184. In Colorado Revised Statutes, 35-80-108, amend (3) as follows:
35-80-108. Unlawful acts - short title - disclosure requirement - definition. (3) It is unlawful and a violation of this articlearticle 80 for anyan employee or official of the department or anya person designated by the commissioner pursuant to section 35-80-109 (6) to disclose or use for his or herthe employee's, official's, or person's own advantage any information derived from anythe reports or records submitted to the department pursuant to section 35-80-110 or to reveal such information to anyone except authorized persons, including officials or employees of the state, the federal government, and the courts of this or other states.
SECTION 185. In Colorado Revised Statutes, 35-80-110, amend (1), (2), (4), and (5)(d)(I) as follows:
35-80-110. Inspections - investigations - access - subpoena - duty to report suspected animal cruelty or animal fighting - immunity. (1) The commissioner, upon his or herthe commissioner's own motion or upon the complaint of any person, may make any investigations necessary to ensure compliance with this articlearticle 80.
(2) Complaints of record made to the commissioner and the results of his or herthe commissioner's investigations may, inat the discretion of the commissioner, be closed to public inspection, except to the person in interest, as defined in section 24-72-202 (4), C.R.S., or as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a licensee.
(4) The commissioner shall have full authority tomay administer oaths and take statements; issue subpoenas requiring the attendance of witnesses before him or her,the commissioner and require the production of all books, memoranda, papers and other documents, articles, or instruments; and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of anya witness to obey anya subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall beis punishable as a contempt of court.
(5) (d) (I) If the commissioner or the commissioner's designee in good faith reports in good faith a suspected incident of animal cruelty or animal fighting to the proper authorities in accordance with this subsection (5), he or shethe commissioner or the commissioner's designee is immune from liability in any civil or criminal action brought in connection with the report.
SECTION 186. In Colorado Revised Statutes, 35-80-111, amend (2)(a) as follows:
35-80-111. Enforcement - cease-and-desist orders - hearings. (2) (a) Whenever the commissioner has reasonable cause to believe a violation of anya provision of this articlearticle 80 or anya rule promulgatedadopted pursuant to this articlearticle 80 has occurred and immediate enforcement is deemed necessary, he or shethe commissioner may issue a cease-and-desist order, which may require anya person to cease violating anya provision of this articlearticle 80 or anya rule promulgatedadopted pursuant to this article. Sucharticle 80. The cease-and-desist order shallmust set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions cease forthwith. At any time after service of the order to cease and desist, the person may request, at suchthe person's discretion, a prompt hearing to determine whether or not suchthe violation has occurred. SuchThe hearing shall be conducted pursuant to the provisions of article 4 of title 24 C.R.S., and shall be determinedconducted promptly.
SECTION 187. In Colorado Revised Statutes, 35-80-115, amend (3) as follows:
35-80-115. Advisory committee. (3) In the event of a vacancy on the advisory committee prior to the completion of thea member's full term, the commissioner shall appoint a person to complete the remainder of the term. SuchThe person shall represent the same group as the member he or shethe person is replacing, pursuant to subsection (1) of this section.
SECTION 188. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
Signed By: Julie McCluskie, Speaker of the House of Representatives
Signed By: James Rashad Coleman, Sr., President of the Senate
Signed By: Vanessa Reilly, Chief Clerk of the House of Representatives
Signed By: Esther van Mourik, Secretary of the Senate
Signed By: Jared S. Polis, Governor of the State of Colorado