House Bill 25-1084 Introduced

A Bill for an Act

• Page 1, Line 101Concerning the substitution of gender-neutral language for

• Page 1, Line 102gendered language in title 35 of the Colorado Revised

• Page 1, Line 103Statutes.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)

Water Resources and Agriculture Review Committee. The bill substitutes gender-neutral language for gendered language in title 35 of the Colorado Revised Statutes. The bill also updates archaic language in title 35.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 35-1-102, amend the introductory portion and (1) as follows:

• Page 2, Line 335-1-102.  Definitions. As used in this article article 1, unless the context otherwise requires:

• Page 2, Line 4(1)  "Agriculture" means the science and art of production of

• Page 2, Line 5plants and animals useful to man humans, including, to a variable extent,

• Page 2, Line 6the preparation of these products for man's human use and their disposal

• Page 2, Line 7by marketing or otherwise, and includes horticulture, floriculture,

• Page 2, Line 8viticulture, forestry, dairy, livestock, poultry, bee, and any and all forms of farm products and farm production.

• Page 2, Line 9SECTION 2.  In Colorado Revised Statutes, 35-1-106, amend (1)(e) as follows:

• Page 2, Line 1035-1-106.  Powers and duties of commission - rules. (1)  In

• Page 2, Line 11addition to all other powers and duties conferred upon the commission by

• Page 2, Line 12this article 1, the commission has the following specific powers and duties:

• Page 2, Line 13(e)  To furnish the commissioner with advice on any agricultural

• Page 2, Line 14or livestock problem with which he the commissioner may be confronted;

• Page 2, Line 15SECTION 3.  In Colorado Revised Statutes, amend 35-1-109 as follows:

• Page 2, Line 1635-1-109.  Employees interchangeable.It is the duty of The

• Page 2, Line 17commissioner of agriculture in the administration of his department to so

• Page 2, Line 18shall organize the same department so that all employees of the

• Page 2, Line 19department, so far as possible, shall be are interchangeable in work

• Page 3, Line 1assignment to the end so that they may be shifted within the department

• Page 3, Line 2so as to meet seasonal and emergency demands upon any division or

• Page 3, Line 3section of the department and so that the number of such help employees is kept to a minimum possible for efficient operation.

• Page 3, Line 4SECTION 4.  In Colorado Revised Statutes, amend 35-2-101 as follows:

• Page 3, Line 535-2-101.  Information furnished - by whom. The commissioner

• Page 3, Line 6of agriculture, acting under the direction of the state agricultural

• Page 3, Line 7commission in the collection of information necessary to the performance

• Page 3, Line 8of his or her perform the commissioner's duties as such commissioner

• Page 3, Line 9and subject to the provisions of section 24-1-136, C.R.S., in regard to the

• Page 3, Line 10publication of such information, is authorized to may call upon the

• Page 3, Line 11several state, county, city, town, and school district officers and officers

• Page 3, Line 12of the several state institutions of education and penal and other state

• Page 3, Line 13institutions, and it is the duty of all such officers to furnish, upon written

• Page 3, Line 14or printed request of the commissioner, such information as may be

• Page 3, Line 15required for properly setting forth the resources of the state and their

• Page 3, Line 16development, upon blanks furnished by the commissioner. Upon request

• Page 3, Line 17of the commissioner, each owner, operator, or manager of any

• Page 3, Line 18manufacturing, mining, or other business establishment operating in this

• Page 3, Line 19state, or other person having information necessary for carrying out the

• Page 3, Line 20purposes of this article, upon the request of the commissioner article 2,

• Page 3, Line 21shall furnish the same information upon blanks supplied by the

• Page 3, Line 22commission. Except as otherwise provided by law, any agricultural

• Page 3, Line 23statistics collected by any of the several state, county, city, town, school

• Page 3, Line 24district, or institutional officers specified in this section shall be collected

• Page 3, Line 25in accordance with the requirements of this article article 2.

• Page 4, Line 1SECTION 5.  In Colorado Revised Statutes, amend 35-2-102 as follows:

• Page 4, Line 235-2-102.  Statistical reports. It is the duty of the assessor of each

• Page 4, Line 3county in this state, at the time of making the annual assessment of

• Page 4, Line 4property, to collect such statistics in relation to the population, farm

• Page 4, Line 5operations, the principal farm products, agricultural resources, and

• Page 4, Line 6livestock of the county as may be required by the commissioner of

• Page 4, Line 7agriculture, and it is the duty of all persons within this state having

• Page 4, Line 8information relative to such matters to give such information to the

• Page 4, Line 9assessor upon his the assessor's request. therefor. The original sheets

• Page 4, Line 10on which such statistics are collected shall be forwarded to the

• Page 4, Line 11commissioner of agriculture as soon as they are completed, but not later

• Page 4, Line 12than June 1 of each year, immediately following their collection. From

• Page 4, Line 13these The state agricultural commission shall compile the

• Page 4, Line 14original sheets there shall be compiled in the office of the state

• Page 4, Line 15agricultural commission into complete reports on all subjects covered for

• Page 4, Line 16each county in the state. The blanks to be used by county assessors in the

• Page 4, Line 17collection of statistics required by the state agricultural commission shall

• Page 4, Line 18be supplied by the commission, and the form thereof shall be fixed by the

• Page 4, Line 19commissioner of agriculture after conference consulting with a

• Page 4, Line 20representative of Colorado state university and with the bureau of crop

• Page 4, Line 21estimates of the United States department of agriculture, or any

• Page 4, Line 22successor organization, through the official representative for

• Page 4, Line 23Colorado. This report shall be issued subject to the provisions of section 24-1-136. C.R.S.

• Page 4, Line 24SECTION 6.  In Colorado Revised Statutes, amend 35-2-103 as

• Page 4, Line 25follows:

• Page 5, Line 135-2-103.  Cooperation with secretary of agriculture. To

• Page 5, Line 2facilitate the work of collecting agricultural and livestock statistics

• Page 5, Line 3required by this article article 2, the commissioner of agriculture is

• Page 5, Line 4empowered to may enter into a cooperative agreement with the secretary

• Page 5, Line 5of agriculture of the United States, or his the secretary's accredited

• Page 5, Line 6representatives, under which the facilities and information of the bureau

• Page 5, Line 7of crop estimates of the United States department of agriculture, or any

• Page 5, Line 8successor organization, relating to the state of Colorado are made

• Page 5, Line 9available for the use of the state agricultural commission, and the

• Page 5, Line 10facilities and information of said the state agricultural commission are

• Page 5, Line 11likewise made available for the use of said the bureau of crop estimates, or any successor organization.

• Page 5, Line 12SECTION 7.  In Colorado Revised Statutes, amend 35-2-104 as follows:

• Page 5, Line 1335-2-104.  Failure to give information to commission - penalty.

• Page 5, Line 14Any person having in his the person's possession information necessary

• Page 5, Line 15to carrying out the purposes of this article, article 2 who fails or refuses

• Page 5, Line 16to furnish such the information to the state agricultural commission upon

• Page 5, Line 17proper request by the commissioner of agriculture is guilty of a

• Page 5, Line 18misdemeanor and, upon conviction thereof, shall be punished by a fine of

• Page 5, Line 19not less than ten dollars nor more than five hundred dollars and costs of

• Page 5, Line 20prosecution. Any county or state official who fails or refuses to collect or

• Page 5, Line 21compile for the state agricultural commission such the information as he

• Page 5, Line 22the official is required by this article article 2 to collect and compile,

• Page 5, Line 23when properly requested by the commissioner of agriculture so to do, and

• Page 5, Line 24who is supplied with proper blanks for collecting and compiling the same,

• Page 5, Line 25is guilty of a misdemeanor and, upon conviction thereof, shall be

• Page 6, Line 1punished by a fine of not less than twenty dollars nor more than five hundred dollars and costs of prosecution.

• Page 6, Line 2SECTION 8.  In Colorado Revised Statutes, amend 35-3-109 as follows:

• Page 6, Line 335-3-109.  Community and county committees - rules. (1)  The department by regulations rule shall provide:

• Page 6, Line 4(a)  For the organization within each community of a voluntary

• Page 6, Line 5association, in which all agricultural producers who are citizens of this

• Page 6, Line 6state and residents in such community shall be are entitled to equal

• Page 6, Line 7participation; for the selection by each such association of a community

• Page 6, Line 8committee, composed of three members of such association; and for the selection of a chairman chair of each such community committee; and

• Page 6, Line 9(b)  For the selection by the members of such community

• Page 6, Line 10committees within each county of a county committee for such county,

• Page 6, Line 11composed of three members of such community committees, and for the selection of a chairman chair of each such county committee.

• Page 6, Line 12SECTION 9.  In Colorado Revised Statutes, 35-3.5-102, amend (7) as follows:

• Page 6, Line 1335-3.5-102.  Agricultural operation deemed not nuisance - state

• Page 6, Line 14agricultural commission - attorney fees - exceptions. (7)  A local

• Page 6, Line 15government may adopt an ordinance or pass a resolution that provides

• Page 6, Line 16additional protection for agricultural operations; except that no such an

• Page 6, Line 17ordinance or resolution shall not prevent an owner from selling his or her

• Page 6, Line 18the owner's land or prevent or hinder the owner in seeking approval to put the land into alternative use.

• Page 6, Line 19SECTION 10.  In Colorado Revised Statutes, 35-4-107, amend

• Page 6, Line 20(3) as follows:

• Page 7, Line 135-4-107.  Inspections - notice - treatment - collection of costs.

• Page 7, Line 2(3)  Upon payment by the board of county commissioners of any cost and

• Page 7, Line 3expense of treating pest infestation or infection in accordance with

• Page 7, Line 4subsection (2) of this section, the county shall demand in writing from the

• Page 7, Line 5owner, in person or by mail addressed to the owner at his or her the

• Page 7, Line 6owner's last-known place of residence, reimbursement to the county for

• Page 7, Line 7the amount of the county's direct costs and expenses only. The county

• Page 7, Line 8shall not send a written demand for more than ten thousand dollars. In the

• Page 7, Line 9written notice, the county shall inform the owner of the right to appear

• Page 7, Line 10before the board of county commissioners at any meeting thereof of the

• Page 7, Line 11board, as fixed by law, to be held within the following four months, and

• Page 7, Line 12be heard as to the amount of the claim for reimbursement. If the claim, as

• Page 7, Line 13originally demanded by the board or as adjusted upon a hearing, is not

• Page 7, Line 14paid at the end of the four-month period, the board shall certify the claim

• Page 7, Line 15to the county treasurer of the county where the property is located. The

• Page 7, Line 16county treasurer shall add the amount of the claim to any taxes due, or to

• Page 7, Line 17become due, from the owner, and if the claim is not paid in due course,

• Page 7, Line 18the county treasurer shall file a lien on the property. The lien's priority is

• Page 7, Line 19based upon the date of recording in accordance with article 35 of title 38.

• Page 7, Line 20C.R.S. The board of county commissioners shall work with any

• Page 7, Line 21landowner to develop a payment schedule for the cost of an assessment

• Page 7, Line 22for pest treatment upon a demonstration by the landowner of an economic

• Page 7, Line 23hardship. All accounts when collected must be deposited into the general fund of the county.

• Page 7, Line 24SECTION 11.  In Colorado Revised Statutes, amend 35-4-109 as follows:

• Page 7, Line 2535-4-109.  Emergency disposal of plant material.Any A

• Page 8, Line 1shipment of any plant material into Colorado when that is found to be

• Page 8, Line 2in violation of a quarantine declared pursuant to section 35-4-110 or when

• Page 8, Line 3found to carry exotic pests not previously found in the United States or

• Page 8, Line 4pests known to cause high levels of economic damage under similar

• Page 8, Line 5conditions of climate and natural habitat in other areas outside this state

• Page 8, Line 6by the commissioner may be placed in isolation or quarantine by the

• Page 8, Line 7commissioner and shall be completely under the commissioner's control.

• Page 8, Line 8The owner or bailee shall comply with all terms of the quarantine, abate

• Page 8, Line 9such pests as directed by and to the satisfaction of the commissioner, or

• Page 8, Line 10remove such shipment from the state within such time as ordered by the

• Page 8, Line 11commissioner. Articles not removed from the state as ordered shall be

• Page 8, Line 12destroyed by the commissioner with no recompense therefor to the owner.

• Page 8, Line 13Any An owner or bailee claiming that his or her the owner's or bailee's

• Page 8, Line 14shipment of plant material was destroyed or ordered removed from the

• Page 8, Line 15state without reasonable justification may request a hearing on that issue

• Page 8, Line 16before the commissioner within ten days after such destruction or order

• Page 8, Line 17of removal. If it is determined that a shipment of plant material was

• Page 8, Line 18destroyed or ordered removed from the state by the commissioner without

• Page 8, Line 19reasonable justification and that such action was done arbitrarily and

• Page 8, Line 20capriciously, the department of agriculture shall reimburse such owner or bailee for any losses suffered.

• Page 8, Line 21SECTION 12.  In Colorado Revised Statutes, amend 35-4-113.5 as follows:

• Page 8, Line 2235-4-113.5.  Delegation of duties. The commissioner, in his at

• Page 8, Line 23the commissioner's discretion, may delegate his the commissioner's

• Page 8, Line 24authority to an employee to execute the provisions of this article article

• Page 8, Line 254.

• Page 9, Line 1SECTION 13.  In Colorado Revised Statutes, amend 35-4-116 as follows:

• Page 9, Line 235-4-116.  Rules. The commissioner may promulgate adopt such

• Page 9, Line 3rules and regulations as he the commissioner deems necessary for the

• Page 9, Line 4administration and enforcement of this article. Such article 4. The rules

• Page 9, Line 5and regulations shall be promulgated adopted in accordance with article 4 of title 24. C.R.S.

• Page 9, Line 6SECTION 14.  In Colorado Revised Statutes, 35-5-101, amend the introductory portion, (12), and (12.1) as follows:

• Page 9, Line 735-5-101.  Definitions. As used in this article article 5, unless the context otherwise requires:

• Page 9, Line 8(12)  "Resident landowner" means a person who owns five or more

• Page 9, Line 9acres of land within the boundaries of the proposed district and has his

• Page 9, Line 10whose legal residence is within the county where the proposed district is located or within an adjacent county.

• Page 9, Line 11(12.1)  "Resident lessee" means a person leasing five or more acres

• Page 9, Line 12of state-owned land controlled by the state board of land commissioners

• Page 9, Line 13within the boundaries of the proposed district and having his whose legal

• Page 9, Line 14residence is within the county where the proposed district is located or within an adjacent county.

• Page 9, Line 15SECTION 15.  In Colorado Revised Statutes, 35-5-104, amend (1), (5), and (8) as follows:

• Page 9, Line 1635-5-104.  Pest control district - procedure to establish.

• Page 9, Line 17(1)  Whenever twenty-five percent of the resident landowners and

• Page 9, Line 18resident lessees within a contiguous territory desire to form a pest control

• Page 9, Line 19district, as defined described in this subsection (1), they may file a

• Page 9, Line 20petition for that purpose with the board of county commissioners of the

• Page 10, Line 1county in which the land is located. Such petition shall be addressed to

• Page 10, Line 2the board of county commissioners of such county; and shall must

• Page 10, Line 3contain a description of the boundaries of the proposed district and a

• Page 10, Line 4description of the land of each person signing such petition; and shall

• Page 10, Line 5must state that the said proposed district has been invaded, or is in danger

• Page 10, Line 6of being invaded, by noxious weeds, insect pests, or plant diseases

• Page 10, Line 7injurious to agricultural crops, trees, fruits, or pasture; and shall must

• Page 10, Line 8name the specific pests or diseases against which said the petitioners

• Page 10, Line 9desire to be protected; and shall must state the termination date of the

• Page 10, Line 10proposed district. Such The petition shall be signed by each resident

• Page 10, Line 11landowner and resident lessee joining in the petition by his the

• Page 10, Line 12individual's proper signature together with his and address, and the date

• Page 10, Line 13of the petition shall must be the date of its filing in the office of the board

• Page 10, Line 14of county commissioners. Any A petitioner may revoke and cancel his

• Page 10, Line 15the petitioner's signature to such a petition at any time before said the petition is filed, but not after such filing has been made.

• Page 10, Line 16(5)  If the an owner or lessee of any lands adjoining an established

• Page 10, Line 17pest control district desires to have such lands included within the district,

• Page 10, Line 18he the owner or lessee may petition the board of county commissioners

• Page 10, Line 19of the county in which the district is located and to which district

• Page 10, Line 20annexation of his the land is desired. The petition shall must contain a

• Page 10, Line 21description of the boundaries of the lands so desired to be annexed and

• Page 10, Line 22shall be signed by the petitioner. The board shall act on said the petition

• Page 10, Line 23within ten days after the receipt thereof receiving it. If the board finds

• Page 10, Line 24that the petition is in order, that the boundaries of the lands described in

• Page 10, Line 25the petition are accurate, that the lands adjoin the established district, and

• Page 10, Line 26that the petition is properly signed, it the board shall, by order, declare

• Page 11, Line 1that the lands petitioned to be annexed to the district shall be included as

• Page 11, Line 2a part of the district. Within ten days after such taking action upon the

• Page 11, Line 3petition, the board shall notify the petitioner, the county assessor, the

• Page 11, Line 4district advisory committee of the district in which such the lands are to

• Page 11, Line 5be included, and the department of agriculture of its the board's action.

• Page 11, Line 6Two or more owners and lessees of lands adjoining an established pest

• Page 11, Line 7control district may join in and sign a single petition for annexation of

• Page 11, Line 8their adjoining lands to an established district in the manner prescribed in this subsection (5).

• Page 11, Line 9(8)  When a pest control district which that was established for

• Page 11, Line 10the control and eradication of specified pests desires to add additional

• Page 11, Line 11pests to be controlled within the district, the district advisory committee

• Page 11, Line 12shall petition the board of county commissioners of the county in which

• Page 11, Line 13such the district is located, requesting that a stipulated pest or pests

• Page 11, Line 14should be added to the pests to be controlled in the district. The board of

• Page 11, Line 15county commissioners shall act on the petition within ten days after

• Page 11, Line 16receipt thereof receiving it. If the board of county commissioners

• Page 11, Line 17determines that such pests should be controlled within the district, said

• Page 11, Line 18the board shall submit the question to all landowners and lessees of the

• Page 11, Line 19district by causing to be mailed to each landowner and lessee, to the

• Page 11, Line 20address as shown by the records of the county assessor or state board of

• Page 11, Line 21land commissioners, a ballot requesting his the landowner's or

• Page 11, Line 22lessee's vote for or against the addition of the stipulated pests to be

• Page 11, Line 23controlled within the district and the return of such the ballot within ten

• Page 11, Line 24days to the board. If fifty-one percent of the landowners and lessees

• Page 11, Line 25voting in the district vote in favor of the inclusion of said the stipulated

• Page 11, Line 26pests within those to be controlled, the board shall immediately declare

• Page 12, Line 1that the stipulated pests shall be controlled within the district and shall so inform the district advisory committee.

• Page 12, Line 2SECTION 16.  In Colorado Revised Statutes, amend 35-5-106 as follows:

• Page 12, Line 335-5-106.  County pest inspector, deputies, and employees. The

• Page 12, Line 4board of county commissioners of the a county concerned may appoint

• Page 12, Line 5a qualified person, subject to the approval of the commissioner and

• Page 12, Line 6district advisory committee, as county pest inspector. It is the duty of said

• Page 12, Line 7The inspector to shall carry out his the inspector's duties as provided

• Page 12, Line 8in this article article 5 under the direction of the board and the

• Page 12, Line 9commissioner. The inspector, with the approval of the board, may employ

• Page 12, Line 10such deputies and employees as are necessary to perform his the

• Page 12, Line 11inspector's duties under this article article 5. The salary board shall

• Page 12, Line 12determine the salaries of the inspector and of his the inspector's deputies and employees. shall be determined by the board.

• Page 12, Line 13SECTION 17.  In Colorado Revised Statutes, 35-5-108, amend (4) and (6)(b) as follows:

• Page 12, Line 1435-5-108.  Control or eradication methods and procedures -

• Page 12, Line 15notice - assessments - protests. (4)  If any a landowner within the

• Page 12, Line 16district is dissatisfied with the itemized statement of expense he

• Page 12, Line 17described in subsection (3) of this section, the landowner may,

• Page 12, Line 18within thirty days from after the mailing or publication of the account

• Page 12, Line 19showing such the charge, file a written protest with the board of county

• Page 12, Line 20commissioners. Not later than ten days after the filing of such the protest,

• Page 12, Line 21the board of county commissioners shall fix a time and place for hearing

• Page 12, Line 22on the protest filed, to be held not less than ten days nor more than thirty

• Page 12, Line 23days from after the date of notice of the hearing, and, immediately after

• Page 13, Line 1such the hearing, the board of county commissioners shall make written

• Page 13, Line 2findings and such changes in the assessment as may be determined to conform with such the findings.

• Page 13, Line 3(6) (b)  If any a lessee within the district is dissatisfied with the

• Page 13, Line 4itemized statement of expense he described in subsection (3) of this

• Page 13, Line 5section, the lessee may file a written protest with the board of county commissioners as provided by subsection (4) of this section.

• Page 13, Line 6SECTION 18.  In Colorado Revised Statutes, amend 35-5-110 as follows:

• Page 13, Line 735-5-110.  Public nuisance - abatement. Any noxious weeds,

• Page 13, Line 8insect pests, or plant diseases with respect to which a control district has

• Page 13, Line 9been proclaimed and any and all stages thereof; their carriers; and any and

• Page 13, Line 10all premises, plants, and things infested or exposed to infestation

• Page 13, Line 11therewith with noxious weeds, insect pests, or plant diseases within

• Page 13, Line 12such area are declared to be a public nuisance, subject to all laws and

• Page 13, Line 13remedies relating to the prevention and abatement of nuisances. The

• Page 13, Line 14inspector, under the supervision and direction of the commissioner and

• Page 13, Line 15with the approval of the board of county commissioners, in a summary

• Page 13, Line 16manner or otherwise, may take such action, including removal and

• Page 13, Line 17destruction, with reference to such a nuisance as in his the inspector,

• Page 13, Line 18in the inspector's discretion, seems deems necessary. The remedies of

• Page 13, Line 19this section shall be are cumulative with all other remedies provided in this article article 5.

• Page 13, Line 20SECTION 19.  In Colorado Revised Statutes, 35-5-111, amend (1) as follows:

• Page 13, Line 2135-5-111.  Reports of acreage infested - county tax levy - fund

• Page 13, Line 22- allocation. (1)  The commissioner is directed, and it is his duty, to

• Page 14, Line 1shall ascertain each year, from reports of the inspectors and other

• Page 14, Line 2sources, the approximate amount of land and highways infested with the

• Page 14, Line 3most troublesome noxious weeds, insect pests, or plant diseases, and their

• Page 14, Line 4location, and transmit such information tabulated by counties, not later

• Page 14, Line 5than July 1 of each year, to the board of county commissioners of each

• Page 14, Line 6county affected by such infestation. On the basis of such information, the

• Page 14, Line 7board of county commissioners of each county may make a tax levy each

• Page 14, Line 8year on real property for the purpose of paying the cost of noxious weed,

• Page 14, Line 9insect pest, or plant disease control or eradication in a district of the

• Page 14, Line 10county as provided by this section, but such levy shall must not exceed two mills in any one year.

• Page 14, Line 11SECTION 20.  In Colorado Revised Statutes, amend 35-5-113 as follows:

• Page 14, Line 1235-5-113.  Deputy or agent may exercise power. Whenever any

• Page 14, Line 13power or authority is given by any provisions of this article this article

• Page 14, Line 145 to any person, it the power or authority may be exercised by any deputy or agent duly authorized by him the person.

• Page 14, Line 15SECTION 21.  In Colorado Revised Statutes, 35-5-117, amend (1) as follows:

• Page 14, Line 1635-5-117.  Emergency measures - governor. (1)  When the

• Page 14, Line 17governor determines and declares an emergency resulting from a major

• Page 14, Line 18grasshopper or range caterpillar infestation, he the governor shall

• Page 14, Line 19specify the area or areas of the major infestation. Within such area or

• Page 14, Line 20areas, he is authorized to the governor may direct that such emergency

• Page 14, Line 21measures be taken as he the governor deems necessary to alleviate conditions which that gravely jeopardize property and resources.

• Page 14, Line 22SECTION 22.  In Colorado Revised Statutes, 35-5-120, amend (4) as follows:

• Page 15, Line 135-5-120.  Grasshopper and range caterpillar control. (4)  If the

• Page 15, Line 2commissioner, with approval of the district advisory committee, as

• Page 15, Line 3established in section 35-5-105, determines at any time that control

• Page 15, Line 4operations would not significantly reduce the grasshopper or range

• Page 15, Line 5caterpillar populations in the established control districts, he the

• Page 15, Line 6commissioner may order that said the operations be suspended or terminated.

• Page 15, Line 7SECTION 23.  In Colorado Revised Statutes, 35-5.5-103, amend the introductory portion and (4) as follows:

• Page 15, Line 835-5.5-103.  Definitions. As used in this article article 5.5, unless the context otherwise requires:

• Page 15, Line 9(4)  "Commissioner" means the commissioner of the department of agriculture or his or her the commissioner's designee.

• Page 15, Line 10SECTION 24.  In Colorado Revised Statutes, 35-5.5-107, amend (3) as follows:

• Page 15, Line 1135-5.5-107.  Local advisory board - formation - duties. (3)  Each

• Page 15, Line 12local advisory board shall annually elect a chairman chair and secretary.

• Page 15, Line 13A majority of the members of the board shall constitute constitutes a quorum for the conduct of business.

• Page 15, Line 14SECTION 25.  In Colorado Revised Statutes, 35-5.5-108.7, amend (1)(e) as follows:

• Page 15, Line 1535-5.5-108.7.  State noxious weed advisory committee - repeal.

• Page 15, Line 16(1) (e)  A quorum of the state advisory committee shall elect or appoint annually a chairman chair and a vice-chairman vice-chair.

• Page 15, Line 17SECTION 26.  In Colorado Revised Statutes, amend 35-7-110 as

• Page 15, Line 18follows:

• Page 16, Line 135-7-110.  State reimbursed for actual cost. All poisons or other

• Page 16, Line 2materials for such control furnished by the state to such cooperators shall

• Page 16, Line 3be supplied at actual cost, and the state shall be reimbursed by such

• Page 16, Line 4cooperators, landowners, lessees, or contract holders for the actual cost

• Page 16, Line 5of materials and labor, other than supervision, expended by the state in

• Page 16, Line 6such treatment under cooperative agreements with them. Such

• Page 16, Line 7reimbursement shall be made by each owner, lessee, or contract holder in

• Page 16, Line 8the proportion that the number of acres of land treated for him or her the

• Page 16, Line 9owner, lessee, or contract holder bears to the total acreage treated

• Page 16, Line 10in the area designated for treatment or according to such equitable

• Page 16, Line 11proportion or plan as shall be is provided for in the agreement. Any such

• Page 16, Line 12agreement shall must require full reimbursement to be made to the state

• Page 16, Line 13within thirty days after presentation by the department, or its agents, of an itemized account. therefor.

• Page 16, Line 14SECTION 27.  In Colorado Revised Statutes, 35-7-112, amend (2) as follows:

• Page 16, Line 1535-7-112.  Eradication contracts required - procedure without

• Page 16, Line 16contracts. (2)  If the an owner, after ten days' written notice to him the

• Page 16, Line 17owner in person or by mail to his the owner's last-known post office

• Page 16, Line 18address, fails, neglects, or refuses to reimburse the department, or its

• Page 16, Line 19agents, in the amount of such the expenses incurred by the

• Page 16, Line 20department, the department shall certify an itemized statement thereof

• Page 16, Line 21of the expenses, together with a description of such lands the land

• Page 16, Line 22sufficient to identify the same land to the board of county commissioners

• Page 16, Line 23of the county wherein in which the same land is situated. Thereupon,

• Page 16, Line 24such an After the department certifies the itemized statement,

• Page 16, Line 25the account shall be audited, allowed, and paid in like manner as

• Page 17, Line 1provided in section 35-7-110. Public notices in A public notice

• Page 17, Line 2published for the purposes of this section provided for shall must

• Page 17, Line 3designate as accurately as may be the boundaries of the area to be treated;

• Page 17, Line 4shall make specific reference to this statute; and shall call upon all

• Page 17, Line 5owners, known or unknown, of lands within the prescribed area to

• Page 17, Line 6proceed at once to destroy the pests mentioned in such the notice or to

• Page 17, Line 7enter into cooperative agreements for their control or eradication; and

• Page 17, Line 8shall designate reasonable times and places within or near such the area

• Page 17, Line 9where and when and where the federal agency, or other agents, and the

• Page 17, Line 10department, or its agents, will be present for the purpose of entering into such cooperative agreements and proceeding with their execution.

• Page 17, Line 11SECTION 28.  In Colorado Revised Statutes, amend 35-7-114 as follows:

• Page 17, Line 1235-7-114.  Charges against landowner - lien rights. Whenever

• Page 17, Line 13any a county has been required to pay any an expense charged against

• Page 17, Line 14any landowners a landowner, under a cooperative agreement or

• Page 17, Line 15otherwise, on account of such pest control operations conducted upon or

• Page 17, Line 16for the benefit of his or her the landowner's lands, such the county

• Page 17, Line 17shall have has a lien upon such the lands for the amount so paid or for

• Page 17, Line 18such lesser amount as such the landowner shall be is adjudged to pay after a hearing before the board of county commissioners.

• Page 17, Line 19SECTION 29.  In Colorado Revised Statutes, amend 35-7-115 as follows:

• Page 17, Line 2035-7-115.  Enforcing collection - hearing. Upon payment by any

• Page 17, Line 21a county of any such a bill of expenses so charged against any a

• Page 17, Line 22landowner, lessee, or contract holder, the board of county commissioners

• Page 17, Line 23shall make demand and notice in writing upon such the landowner,

• Page 18, Line 1lessee, or contract holder, in person or by mail addressed to him or her at

• Page 18, Line 2his or her the landowner, lessee, or contract holder at the

• Page 18, Line 3landowner's, lessee's, or contract holder's last-known place of

• Page 18, Line 4residence, twenty days prior to the published meeting date for

• Page 18, Line 5reimbursement to the county in the amount of such the expenses. Such

• Page 18, Line 6The written notice shall must inform such the person that he or she the

• Page 18, Line 7person may appear before the board on the published meeting date and

• Page 18, Line 8be heard as to the amount and accuracy of the claim. If such the claim,

• Page 18, Line 9as originally demanded by the board or as adjusted upon the hearing, is

• Page 18, Line 10not paid, then, in the case of a private landowner, the board of county

• Page 18, Line 11commissioners shall certify the claim to the county assessor who shall add

• Page 18, Line 12the amount thereof of the claim to any taxes due or to become due upon

• Page 18, Line 13his or her the person's lands, and said the lands shall be sold for the

• Page 18, Line 14satisfaction thereof of the claims at the same time and in the same

• Page 18, Line 15manner as is provided by law for the sale of real estate for delinquent

• Page 18, Line 16taxes. In cases where such the accounts are payable by a lessee or

• Page 18, Line 17contract holder, suit may be maintained in behalf of the county in any a

• Page 18, Line 18court of competent jurisdiction for the recovery of such the accounts and

• Page 18, Line 19costs of suit. All such accounts when collected by the county shall be paid

• Page 18, Line 20into the general fund thereof of the county or into the fund used by the county to meet its obligations under this part 1.

• Page 18, Line 21SECTION 30.  In Colorado Revised Statutes, amend 35-7-116 as follows:

• Page 18, Line 2235-7-116.  Collections paid to treasurer. All reimbursements to

• Page 18, Line 23the state, whether made by individuals, counties, or other cooperators

• Page 18, Line 24pursuant to this part 1, shall be turned over to the state treasurer and by

• Page 18, Line 25him to be credited to the rodent pest control fund referred to created in section 35-7-103.

• Page 19, Line 1SECTION 31.  In Colorado Revised Statutes, 35-9-103, amend (5) and (10) as follows:

• Page 19, Line 235-9-103.  Definitions. As used in this article 9, unless the context otherwise requires:

• Page 19, Line 3(5)  "Device" means any instrument or contrivance, other than a

• Page 19, Line 4firearm, intended for trapping, destroying, repelling, or mitigating any a

• Page 19, Line 5pest or any other form of plant or animal life, other than man humans and

• Page 19, Line 6other than bacteria, viruses, or other microorganisms on or in living man

• Page 19, Line 7humans or other living animals; except that "device" shall does not

• Page 19, Line 8include equipment used for the application of pesticides when sold separately therefrom from a device.

• Page 19, Line 9(10)  "Pest" means any insect, rodent, nematode, fungus, weed, or

• Page 19, Line 10other form of terrestrial or aquatic plant or animal life or virus, bacteria,

• Page 19, Line 11or other microorganism, except viruses, bacteria, or other microorganisms

• Page 19, Line 12on or in living man humans or in other living animals, which that the commissioner or the administrator of the EPA declares to be a pest.

• Page 19, Line 13SECTION 32.  In Colorado Revised Statutes, 35-9-108, amend (2), (5) introductory portion, (6) introductory portion, and (7) as follows:

• Page 19, Line 1435-9-108.  Registration - review and evaluation - criteria - state

• Page 19, Line 15limited-use or restricted-use pesticide - cancellation - summary

• Page 19, Line 16suspension. (2)  If the commissioner determines that the pesticide, the

• Page 19, Line 17labeling, or any other materials submitted with the an application do not

• Page 19, Line 18comply with the provisions of this article, he this article 9, the

• Page 19, Line 19commissioner shall notify the applicant of the particulars in which there is a lack of compliance.

• Page 19, Line 20(5)  The commissioner, in his the commissioner's discretion,

• Page 20, Line 1may, at the time of registration, designate the a pesticide as a state

• Page 20, Line 2restricted-use or limited-use pesticide and may restrict or limit the

• Page 20, Line 3distribution or use of such the pesticide. The commissioner may include

• Page 20, Line 4in said the restriction the time and conditions under which the pesticide

• Page 20, Line 5may be distributed or used and may impose any or all of the following additional requirements:

• Page 20, Line 6(6)  After a pesticide is registered, the commissioner may cancel

• Page 20, Line 7the registration of said the pesticide pending notice and an opportunity for hearing if he the commissioner determines that:

• Page 20, Line 8(7)  If the commissioner has reasonable grounds to believe and

• Page 20, Line 9finds that the a registrant has been guilty of deliberate and willful

• Page 20, Line 10violation of use or distribution restrictions imposed pursuant to this article

• Page 20, Line 11article 9 or that the public health, safety, or welfare imperatively

• Page 20, Line 12requires emergency action, he the commissioner may summarily

• Page 20, Line 13suspend the registration pending proceedings for suspension or cancellation of the registration.

• Page 20, Line 14SECTION 33.  In Colorado Revised Statutes, 35-9-111, amend (1) introductory portion as follows:

• Page 20, Line 1535-9-111.  Device registration - application - fees - expiration

• Page 20, Line 16- rules. (1)  Each applicant for registration of a device shall file with the

• Page 20, Line 17commissioner, in the form and manner he the commissioner shall designate:

• Page 20, Line 18SECTION 34.  In Colorado Revised Statutes, 35-9-112, amend (3) introductory portion and (4) as follows:

• Page 20, Line 1935-9-112.  Renewal of pesticide and device registration - fees.

• Page 20, Line 20(3)  The commissioner may require the applicant to submit any additional

• Page 20, Line 21information he the commissioner deems necessary, including: but not limited to:

• Page 21, Line 1(4)  The commissioner, at the time of such the renewal of a

• Page 21, Line 2registration, may, in his at the commissioner's discretion, designate

• Page 21, Line 3any such a pesticide as a state restricted-use or limited-use pesticide in the same manner as set forth in section 35-9-108 (5).

• Page 21, Line 4SECTION 35.  In Colorado Revised Statutes, 35-9-115, amend (4) as follows:

• Page 21, Line 535-9-115.  Pesticide dealer license - requirements - application

• Page 21, Line 6- fees - expiration. (4)  Each licensee shall report to the commissioner,

• Page 21, Line 7in the form and manner he the commissionershall designate

• Page 21, Line 8designates, any change to the information provided in such the

• Page 21, Line 9licensee's application or in such the reports previously submitted within fifteen days of such after the change.

• Page 21, Line 10SECTION 36.  In Colorado Revised Statutes, 35-9-118, amend (2) introductory portion and (2)(c)(I) as follows:

• Page 21, Line 1135-9-118.  Powers and duties of the commissioner - exemptions

• Page 21, Line 12- rules. (2)  The commissioner is authorized to may adopt all reasonable

• Page 21, Line 13rules for the administration and enforcement of this article article 9, including: but not limited to:

• Page 21, Line 14(c) (I)  Adopting a list of restricted-use pesticides or limited-use

• Page 21, Line 15pesticides for the state or designated areas within this the state if the

• Page 21, Line 16commissioner determines that such pesticides require rules restricting

• Page 21, Line 17their distribution or use. The commissioner may include in the rule the

• Page 21, Line 18time and conditions of the distribution or use of such restricted-use or

• Page 21, Line 19limited-use pesticides and may require that any such pesticide be

• Page 21, Line 20purchased, possessed, or used only under permit of the commissioner and

• Page 21, Line 21under his the commissioner's supervision. The commissioner may

• Page 22, Line 1require all persons issued such permits to maintain records regarding the use of such pesticides.

• Page 22, Line 2SECTION 37.  In Colorado Revised Statutes, 35-9-119, amend (1), (2)(b), and (3) as follows:

• Page 22, Line 335-9-119.  Investigations - access - subpoena. (1)  The

• Page 22, Line 4commissioner, upon his the commissioner's own motion or upon the

• Page 22, Line 5complaint of any person, may make any and all investigations necessary to insure compliance with this article article 9.

• Page 22, Line 6(2) (b)  The commissioner shall have full authority to may

• Page 22, Line 7administer oaths and take statements; to issue administrative subpoenas

• Page 22, Line 8requiring the attendance of witnesses before him the commissioner and

• Page 22, Line 9the production of all books, memoranda, papers, and other documents,

• Page 22, Line 10articles, or instruments; and to compel the disclosure by such witnesses

• Page 22, Line 11of all facts known to them relative to the matters under investigation.

• Page 22, Line 12Upon the failure or refusal of any a witness to obey any a subpoena, the

• Page 22, Line 13commissioner may petition the district court, and, upon a proper showing,

• Page 22, Line 14the court may enter an order compelling the witness to appear and testify

• Page 22, Line 15or produce documentary evidence. Failure to obey such an order of the court shall be is punishable as a contempt of court.

• Page 22, Line 16(3)  Complaints of record made to the commissioner and the results

• Page 22, Line 17of his the commissioner's investigations may, in the discretion of the

• Page 22, Line 18commissioner, be closed to public inspection, except as provided by court

• Page 22, Line 19order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a licensee or registrant.

• Page 22, Line 20SECTION 38.  In Colorado Revised Statutes, 35-9-120, amend (2) introductory portion and (2)(c) as follows:

• Page 22, Line 2135-9-120.  Prohibited acts - deceptive trade practice. (2)  It is unlawful and a violation of this article article 9 for any pesticide dealer:

• Page 23, Line 1(c)  To permit the use of his the pesticide dealer's license by persons to whom the license was not issued;

• Page 23, Line 2SECTION 39.  In Colorado Revised Statutes, 35-9-121, amend (1), (2)(a), (2)(b)(I), and (3) as follows:

• Page 23, Line 335-9-121.  Enforcement - cease-and-desist orders - hearings.

• Page 23, Line 4(1)  The commissioner or his the commissioner's designee shall enforce the provisions of this article this article 9.

• Page 23, Line 5(2) (a)  Whenever the commissioner has reasonable cause to

• Page 23, Line 6believe a violation of any a provision of this article article 9 or any a

• Page 23, Line 7rule made adopted pursuant to this article article 9 has occurred and

• Page 23, Line 8immediate enforcement is deemed necessary, he the commissioner may

• Page 23, Line 9issue a cease-and-desist order, which may require any a person to cease

• Page 23, Line 10violating any a provision of this article article 9 or any a rule made

• Page 23, Line 11adopted pursuant to this article. Such article 9. The cease-and-desist

• Page 23, Line 12order shall must set forth the provisions alleged to have been violated,

• Page 23, Line 13the facts alleged to have constituted the violation, and the requirement that all actions be ceased forthwith.

• Page 23, Line 14(b) (I)  At any time after service of the order to cease and desist,

• Page 23, Line 15the person may request, at his the person's discretion, an immediate

• Page 23, Line 16hearing or a hearing not more than ten days, excluding Saturdays,

• Page 23, Line 17Sundays, and legal holidays, after such request to determine whether a

• Page 23, Line 18violation has occurred. Such hearing shall be conducted pursuant to the provisions of article 4 of title 24. C.R.S.

• Page 23, Line 19(3)  Whenever the commissioner possesses evidence satisfactory

• Page 23, Line 20to him the commissioner that any a person has engaged in or is about

• Page 23, Line 21to engage in any an act or practice constituting a violation of any a

• Page 24, Line 1provision of this article article 9 or of any a rule adopted under this

• Page 24, Line 2article, he article 9, the commissioner may apply to any a court of

• Page 24, Line 3competent jurisdiction to temporarily or permanently restrain or enjoin the

• Page 24, Line 4act or practice in question and to enforce compliance with this article

• Page 24, Line 5article 9 or any a rule adopted under this article article 9. In any such

• Page 24, Line 6action, the commissioner shall is not be required to plead or prove

• Page 24, Line 7irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.

• Page 24, Line 8SECTION 40.  In Colorado Revised Statutes, 35-9-123, amend (4) and (5) as follows:

• Page 24, Line 935-9-123.  Embargo - penalty. (4)  When a pesticide or device

• Page 24, Line 10detained or embargoed under subsection (2) of this section has been

• Page 24, Line 11found by the commissioner to be in violation of any provision of this

• Page 24, Line 12article article 9 or any rule promulgated adopted pursuant to this

• Page 24, Line 13article article 9 and if the violation has not been resolved in thirty days,

• Page 24, Line 14the commissioner may petition a court of competent jurisdiction for a

• Page 24, Line 15condemnation of such pesticide or device. When the commissioner has

• Page 24, Line 16found that a pesticide or device so detained or embargoed is not

• Page 24, Line 17adulterated or misbranded, he the commissioner shall remove the tag or other marking.

• Page 24, Line 18(5)  If the court finds that a detained or embargoed pesticide or

• Page 24, Line 19device is in violation of this article article 9 or rules adopted thereunder,

• Page 24, Line 20such pursuant to this article 9,the pesticide or device shall after

• Page 24, Line 21entry of the decree be destroyed at the expense of the owner, claimant, or

• Page 24, Line 22custodian thereof of the pesticide or device, under the supervision of

• Page 24, Line 23the commissioner, and all court costs and attorney fees and storage and

• Page 24, Line 24other proper expenses shall be assessed against the owner, claimant, or

• Page 25, Line 1custodian of such the pesticide or device or his the owner's,

• Page 25, Line 2claimant's, or custodian's agent. However, if the adulteration or

• Page 25, Line 3misbranding can be corrected by proper labeling or processing of the

• Page 25, Line 4pesticide or device, the court, after entry of the decree and after such

• Page 25, Line 5costs, attorney fees, and expenses have been paid and a good and

• Page 25, Line 6sufficient bond has been executed, conditioned upon the proper labeling

• Page 25, Line 7or processing of such pesticide or device, may by order direct that such

• Page 25, Line 8the pesticide or device be delivered to the owner, claimant, or custodian

• Page 25, Line 9thereof for such labeling or processing under the supervision of the

• Page 25, Line 10commissioner. The expense of such supervision shall be paid by the

• Page 25, Line 11owner, claimant, or custodian. The pesticide or device shall be returned

• Page 25, Line 12to the owner, claimant, or custodian of the pesticide or device on the

• Page 25, Line 13representation to the court by the commissioner that the pesticide or

• Page 25, Line 14device is no longer in violation of this article article 9 and that the expenses of such supervision have been paid.

• Page 25, Line 15SECTION 41.  In Colorado Revised Statutes, 35-10-103, amend (5) and (9) as follows:

• Page 25, Line 1635-10-103.  Definitions. As used in this article 10, unless the context otherwise requires:

• Page 25, Line 17(5)  "Device" means any instrument or contrivance, other than a

• Page 25, Line 18firearm, intended for trapping, destroying, repelling, or mitigating any

• Page 25, Line 19pest or any other form of plant or animal life, other than man humans and

• Page 25, Line 20other than bacteria, viruses, or other microorganisms on or in living man

• Page 25, Line 21humans or other living animals; except that "device" shall does not

• Page 25, Line 22include equipment used for the application of pesticides when sold separately therefrom from a device.

• Page 25, Line 23(9)  "Pest" means any insect, rodent, nematode, fungus, weed, or

• Page 26, Line 1other form of terrestrial or aquatic plant or animal life or virus, bacteria,

• Page 26, Line 2or other microorganism, except viruses, bacteria, or other microorganisms

• Page 26, Line 3on or in living man humans or in other living animals, which that the commissioner or the administrator of the EPA declares to be a pest.

• Page 26, Line 4SECTION 42.  In Colorado Revised Statutes, 35-10-106, amend (1)(c) and (3)(a) as follows:

• Page 26, Line 535-10-106.  Commercial applicator - license requirements -

• Page 26, Line 6application - fees. (1)  As requisites for licensure, the applicant for a commercial applicator business license shall:

• Page 26, Line 7(c)  Provide verifiable training to all technicians in his the applicant's employ according to standards adopted by the commissioner;

• Page 26, Line 8(3) (a)  If a commercial applicator operates under more than one

• Page 26, Line 9business name from a single location, the commercial applicator

• Page 26, Line 10shall list the name of each such business providing services related to

• Page 26, Line 11pesticide application shall be listed with the commissioner in the form

• Page 26, Line 12and manner he shall designate designated by the commissioner. The

• Page 26, Line 13commissioner may require that a separate fee be paid for each business name so listed.

• Page 26, Line 14SECTION 43.  In Colorado Revised Statutes, 35-10-110, amend (4) as follows:

• Page 26, Line 1535-10-110.  Registered limited commercial and registered

• Page 26, Line 16public applicators - requirements for operation. (4)  If the

• Page 26, Line 17commissioner, pursuant to section 35-10-109, establishes a registry of

• Page 26, Line 18limited commercial and public applicators, he or she the commissioner

• Page 26, Line 19may also require that each registered applicator report, in the form and

• Page 26, Line 20manner the commissioner shall designate designates, any change to the

• Page 26, Line 21information provided by such the applicator to the registry or in any such reports previously submitted within fifteen days after said the change.

• Page 27, Line 1SECTION 44.  In Colorado Revised Statutes, 35-10-112, amend (1)(b) as follows:

• Page 27, Line 235-10-112.  Notification requirements - registry of

• Page 27, Line 3pesticide-sensitive persons - preemption - rules. (1) (b)  The

• Page 27, Line 4commissioner shall provide standardized notification signs to any person

• Page 27, Line 5accepted for the registry for such the person to post on his the person's

• Page 27, Line 6property. These signs shall be designed, manufactured, and distributed solely by the department.

• Page 27, Line 7SECTION 45.  In Colorado Revised Statutes, 35-10-115, amend (1)(a), (1)(c), and (3) as follows:

• Page 27, Line 835-10-115.  Qualified supervisor, certified operator, and

• Page 27, Line 9private applicator licenses - examination - application - fees. (1)  Each

• Page 27, Line 10applicant for a qualified supervisor, certified operator, or private applicator license shall:

• Page 27, Line 11(a)  Pass a written examination in each class or subclass of

• Page 27, Line 12pesticide application, or device use, in which he or she the applicant wishes to be licensed;

• Page 27, Line 13(c)  If he the applicant wishes to be licensed to engage in aerial

• Page 27, Line 14application of pesticides, possess a certificate issued by the federal

• Page 27, Line 15aviation administration as specified in license qualifications adopted by the commissioner.

• Page 27, Line 16(3)  Each licensee shall be required to report to the commissioner,

• Page 27, Line 17in the form and manner he shall designate the commissioner

• Page 27, Line 18designates, any change to the information provided in such the

• Page 27, Line 19licensee's application or in any such reports previously submitted within

• Page 27, Line 20fifteen days of such after the change.

• Page 28, Line 1SECTION 46.  In Colorado Revised Statutes, 35-10-116, amend (2) as follows:

• Page 28, Line 235-10-116.  Qualified supervisor and certified operator licenses

• Page 28, Line 3- expiration - renewal of licenses - reinstatement. (2)  A licensee

• Page 28, Line 4licensed pursuant to section 35-10-115 may have the option to apply to

• Page 28, Line 5renew a license without further examination if he the licensee has

• Page 28, Line 6completed, within the previous three years, the competency requirements established by the commissioner.

• Page 28, Line 7SECTION 47.  In Colorado Revised Statutes, 35-10-117, amend (3) introductory portion, (3)(a), (3)(c)(II), and (5) as follows:

• Page 28, Line 835-10-117.  Unlawful acts - deceptive trade practice. (3)  It is

• Page 28, Line 9unlawful and a violation of this article article 10 for any a commercial applicator, qualified supervisor, or certified operator:

• Page 28, Line 10(a)  To permit the use of his the commercial applicator's,

• Page 28, Line 11qualified supervisor's, or certified operator's license by any other person;

• Page 28, Line 12(c) (II)  If a commercial applicator receives instructions from a

• Page 28, Line 13party contracting for such the applicator's services and the commercial

• Page 28, Line 14applicator knows or should know that using the device or applying the

• Page 28, Line 15pesticide in the manner specified by the contracting party may not or does

• Page 28, Line 16not meet generally accepted standards for such use or application, the

• Page 28, Line 17commercial applicator must shall so inform the contracting party. If the

• Page 28, Line 18contracting party, after being so advised, continues to require the

• Page 28, Line 19commercial applicator to perform the application or use the device

• Page 28, Line 20according to these instructions, the commercial applicator may follow

• Page 28, Line 21these instructions for such the application or use unless such the

• Page 28, Line 22application or use would violate any of the directions contained on the

• Page 29, Line 1pesticide or the device or the labeling of either or would violate any

• Page 29, Line 2provision of this article article 10 or article 9 of this title title 35 or any

• Page 29, Line 3rule or regulation adopted pursuant to this article article 10 or article 9

• Page 29, Line 4of this title title 35. If the commercial applicator complies with these

• Page 29, Line 5requirements, the party contracting for such the application of any

• Page 29, Line 6pesticide or use of any device shall have has no cause of action for

• Page 29, Line 7damages against the commercial applicator if the application or use

• Page 29, Line 8causes death or injury to the contracting party or his the contracting

• Page 29, Line 9party's property or is unsatisfactory in its result, unless the contracting

• Page 29, Line 10party establishes, by a preponderance of the evidence, that such death,

• Page 29, Line 11injury, or unsatisfactory result resulted from negligence or an intentional

• Page 29, Line 12act not encompassed within or necessitated by the instructions provided by such the contracting party.

• Page 29, Line 13(5)  It is unlawful and a violation of this article article 10 for any

• Page 29, Line 14employee or official of the department to disclose or use for his the

• Page 29, Line 15employee's or official's own advantage any information derived from

• Page 29, Line 16any applications, reports, or records, including medical records, submitted

• Page 29, Line 17to the department pursuant to this article article 10 or to reveal such

• Page 29, Line 18information to anyone except authorized persons, who may include

• Page 29, Line 19officials or employees of the state, the federal government, the courts of this or other states, and physicians.

• Page 29, Line 20SECTION 48.  In Colorado Revised Statutes, 35-10-119, amend (2), (3), and (5) as follows:

• Page 29, Line 2135-10-119.  Inspections - investigations - access - subpoena.

• Page 29, Line 22(2)  The commissioner, upon his the commissioner's own motion or

• Page 29, Line 23upon the complaint of any person, may make any and all investigations

• Page 29, Line 24necessary to insure ensure compliance with this article article 10.

• Page 30, Line 1(3)  Complaints of record made to the commissioner and the results

• Page 30, Line 2of his the commissioner's investigations may, in the discretion of the

• Page 30, Line 3commissioner, be closed to public inspection, except to the person in

• Page 30, Line 4interest, as defined in section 24-72-202 (4), C.R.S., or as provided by

• Page 30, Line 5court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a licensee.

• Page 30, Line 6(5)  The commissioner shall have full authority to may administer

• Page 30, Line 7oaths and take statements; to issue subpoenas requiring the attendance of

• Page 30, Line 8witnesses before him the commissioner and the production of all books,

• Page 30, Line 9memoranda, papers, and other documents, articles, or instruments; and to

• Page 30, Line 10compel the disclosure by such witnesses of all facts known to them

• Page 30, Line 11relative to the matters under investigation. Upon the failure or refusal of

• Page 30, Line 12any a witness to obey any a subpoena, the commissioner may petition the

• Page 30, Line 13district court, and, upon a proper showing, the court may enter an order

• Page 30, Line 14compelling the witness to appear and testify or produce documentary

• Page 30, Line 15evidence. Failure to obey such an order of the court shall be is punishable as a contempt of court.

• Page 30, Line 16SECTION 49.  In Colorado Revised Statutes, 35-10-120, amend (1) and (3) as follows:

• Page 30, Line 1735-10-120.  Enforcement. (1)  The commissioner or his the

• Page 30, Line 18commissioner's designee shall enforce the provisions of this article this article 10.

• Page 30, Line 19(3)  Whenever the commissioner possesses sufficient evidence

• Page 30, Line 20satisfactory to him the commissioner indicating that any a person has

• Page 30, Line 21engaged in or is about to engage in any an act or practice constituting a

• Page 30, Line 22violation of any a provision of this article article 10 or of any a rule

• Page 30, Line 23adopted under this article article 10, the commissioner may apply to any

• Page 31, Line 1a court of competent jurisdiction to temporarily or permanently restrain

• Page 31, Line 2or enjoin the act or practice in question and to enforce compliance with

• Page 31, Line 3this article article 10 or any rule or order adopted under this article

• Page 31, Line 4article 10. In any such action, the commissioner shall is not be required

• Page 31, Line 5to plead or prove irreparable injury or the inadequacy of the remedy at

• Page 31, Line 6law. Under no circumstances shall the court require the commissioner to post a bond.

• Page 31, Line 7SECTION 50.  In Colorado Revised Statutes, 35-10-125, amend (2) introductory portion and (2)(a) as follows:

• Page 31, Line 835-10-125.  Advisory committee. (2)  The advisory committee

• Page 31, Line 9is 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:

• Page 31, Line 10(a)  A formulator, or his a formulator's Colorado representative, actively engaged in the sale of pesticides in Colorado;

• Page 31, Line 11SECTION 51.  In Colorado Revised Statutes, 35-11-102, amend the introductory portion, (4), and (12) as follows:

• Page 31, Line 1235-11-102.  Definitions. As used in this article article 11, unless the context otherwise requires:

• Page 31, Line 13(4)  "Contamination" means the degradation of natural water quality as a result of man's human activities.

• Page 31, Line 14(12)  "Pollution" means the man-made human-made or

• Page 31, Line 15man-induced human-induced alteration of the physical, chemical, biological, or radiological integrity of water.

• Page 31, Line 16SECTION 52.  In Colorado Revised Statutes, 35-11-105, amend (2) as follows:

• Page 31, Line 1735-11-105.  Issuance of provisional chemigation permit - fees.

• Page 31, Line 18(2)  The An applicant for a provisional chemigation permit shall, on the

• Page 32, Line 1application, certify that the irrigation system for which he the applicant

• Page 32, Line 2is seeking a permit includes properly installed and functioning equipment in compliance with section 35-11-107.

• Page 32, Line 3SECTION 53.  In Colorado Revised Statutes, 35-11-106, amend (2) as follows:

• Page 32, Line 435-11-106.  Issuance of chemigation permit - fees. (2)  The An

• Page 32, Line 5applicant for a chemigation permit shall, on the application, certify that

• Page 32, Line 6the irrigation system for which he the applicant is seeking a permit

• Page 32, Line 7includes properly installed and functioning equipment in compliance with

• Page 32, Line 8the provisions of section 35-11-107. Upon receipt of a permit, the permit

• Page 32, Line 9holder shall attach, in a prominent place, the permit to the irrigation system for which the permit was issued.

• Page 32, Line 10SECTION 54.  In Colorado Revised Statutes, 35-11-111, amend (2) and (3) as follows:

• Page 32, Line 1135-11-111.  Inspections - entry upon land. (2)  Prior to an

• Page 32, Line 12inspection, the inspector shall notify a permit holder of the time and date

• Page 32, Line 13of an the inspection. The inspector shall inform the permit holder that he

• Page 32, Line 14is entitled to the permit holder may be present at the inspection. If a

• Page 32, Line 15permit holder denies access to an inspector, the inspector may seek an

• Page 32, Line 16inspection warrant issued by the district court for the district in which the

• Page 32, Line 17permit holder's land is located. The court shall issue such the inspection warrant upon presentation by the inspector of an affidavit stating:

• Page 32, Line 18(a)  The information which that gives the inspector reasonable

• Page 32, Line 19cause to believe that any provision of this article this article 11 is being

• Page 32, Line 20violated or has been violated or the information showing that such the

• Page 32, Line 21entry and inspection is required in order to determine whether the

• Page 32, Line 22provisions of this article are this article 11 is being complied with, as the case may be;

• Page 33, Line 1(b)  That the inspector notified the permit holder of an inspection;

• Page 33, Line 2(c)  That the inspector was denied access by the permit holder; and (d)  A general description of the location of the affected land.

• Page 33, Line 3(3)  Each irrigation system subject to the provisions of this article

• Page 33, Line 4which this article 11 that has not been issued a permit pursuant to the

• Page 33, Line 5provisions of this article this article 11 may be inspected, without prior

• Page 33, Line 6notice, by an inspector who has information which that gives him the

• Page 33, Line 7inspector reasonable cause to believe that any provision of this article

• Page 33, Line 8article 11 is being violated. If the landowner denies access to the

• Page 33, Line 9inspector, the inspector may seek an inspection warrant issued by the

• Page 33, Line 10district court for the district in which the landowner's land is located. The

• Page 33, Line 11district court shall issue such inspection warrant upon presentation by an inspector of an affidavit stating:

• Page 33, Line 12(a)  The information which that gives the inspector reasonable

• Page 33, Line 13cause to believe that any provision of this article this article 11 is being violated or has been violated;

• Page 33, Line 14(b)  That the landowner has denied access to the inspector; and

• (c)  A general description of the location of the affected land.

• Page 33, Line 15SECTION 55.  In Colorado Revised Statutes, amend 35-14-106 as follows:

• Page 33, Line 1635-14-106.  Administration. The commissioner shall administer

• Page 33, Line 17and enforce the provisions of this article and shall have and this article

• Page 33, Line 1814 and may exercise any and all of the administrative powers conferred

• Page 33, Line 19upon the head of a department of the state. The commissioner is

• Page 33, Line 20authorized to may employ, pursuant to section 13 of article XII of the

• Page 33, Line 21state constitution, such deputies and inspectors as he may deem the

• Page 34, Line 1commissioner deems necessary for the proper enforcement of this article

• Page 34, Line 2article 14, subject to the constitution and laws of the state. The powers

• Page 34, Line 3and duties given to and imposed upon the commissioner are also given to

• Page 34, Line 4and imposed upon the deputies and inspectors when acting under the instructions and at the direction of the commissioner.

• Page 34, Line 5SECTION 56.  In Colorado Revised Statutes, 35-14-107, amend (1)(k) and (1)(m) as follows:

• Page 34, Line 635-14-107.  Powers and duties of commissioner - rules. (1)  The commissioner shall:

• Page 34, Line 7(k)  Approve for use, and may mark, such weights and measures

• Page 34, Line 8as he or she the commissioner finds to be correct and may reject and

• Page 34, Line 9mark as rejected such weights and measures as he or she the

• Page 34, Line 10commissioner finds to be incorrect. Weights and measures that have

• Page 34, Line 11been rejected may be seized if not corrected within the time specified or

• Page 34, Line 12if used or disposed of in an unauthorized manner. The commissioner may

• Page 34, Line 13condemn and seize weights and measures that are found to be incorrect and that are not capable of being cannot be made correct.

• Page 34, Line 14(m)  Prescribe the appropriate term or unit or weight or measure

• Page 34, Line 15to be used whenever he the commissioner determines, in the case of a

• Page 34, Line 16specific commodity, that an existing practice of declaring the quantity by

• Page 34, Line 17weight, measure, numerical count, or combination thereof of weight,

• Page 34, Line 18measure, or numerical count does not facilitate value comparison or is represented in any manner that tends to mislead or deceive any person;

• Page 34, Line 19SECTION 57.  In Colorado Revised Statutes, 35-14-108, amend (1) introductory portion, (1)(a), (1)(d), and (2) as follows:

• Page 34, Line 2035-14-108.  Special police powers. (1)  When necessary to

• Page 34, Line 21perform his duties or to implement the provisions of this article this

• Page 35, Line 1article 14 or the rules and regulations promulgated adopted pursuant

• Page 35, Line 2thereto to this article 14, the commissioner or his the commissioner's authorized agent may:

• Page 35, Line 3(a)  Enter any commercial premises during normal business hours;

• Page 35, Line 4except that, in the event such premises are not open to the public, he the

• Page 35, Line 5commissioner shall first present his the commissioner's credentials and

• Page 35, Line 6obtain consent before making entry thereto unless a search warrant has previously been obtained;

• Page 35, Line 7(d)  Stop any commercial vehicle and, after presentment of his the

• Page 35, Line 8commissioner's credentials, require that the person in charge of the

• Page 35, Line 9vehicle produce any documents in his the person's possession

• Page 35, Line 10concerning the contents of said the vehicle; inspect the contents of such

• Page 35, Line 11the vehicle at the site; and, if necessary, require such the person to proceed with the vehicle to some specified place for inspection.

• Page 35, Line 12(2)  The commissioner may administer oaths and take statements;

• Page 35, Line 13issue subpoenas requiring the attendance of witnesses before him or her

• Page 35, Line 14the commissioner and the production of all books, memoranda, papers,

• Page 35, Line 15and other documents, articles, or instruments; and compel the disclosure

• Page 35, Line 16by such witnesses of all facts known to them relative to the matters under

• Page 35, Line 17investigation. Upon the failure or refusal of any a witness to obey any a

• Page 35, Line 18subpoena, the commissioner may petition the district court, and, upon a

• Page 35, Line 19proper showing, the court may enter an order compelling the witness to

• Page 35, Line 20appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be is punishable as a contempt of court.

• Page 35, Line 21SECTION 58.  In Colorado Revised Statutes, amend 35-14-110 as follows:

• Page 35, Line 2235-14-110.  Misrepresentation of quantity.No A person shall

• Page 36, Line 1not sell, offer, advertise, or expose for sale less than the quantity of

• Page 36, Line 2commodity or service he the person represents nor take any more than the quantity of commodity or service he the person represents.

• Page 36, Line 3SECTION 59.  In Colorado Revised Statutes, 35-14-121, amend (3), (4), (6) introductory portion, (6)(a), and (6)(b) as follows:

• Page 36, Line 435-14-121.  Weigher - qualification - certification - revocation

• Page 36, Line 5- rules. (3)  The commissioner may adopt rules for determining the

• Page 36, Line 6qualifications of the an applicant for a license as a certified weigher. For

• Page 36, Line 7the purpose of determining qualifications of the applicant, the

• Page 36, Line 8commissioner may approve the qualifications of the applicant upon the

• Page 36, Line 9basis of the information supplied in the application or he the

• Page 36, Line 10commissioner may examine such the applicant orally or in writing or

• Page 36, Line 11both. He The commissioner shall grant certificates of certified weigher

• Page 36, Line 12to such applicants as may be found to possess the qualifications required

• Page 36, Line 13by subsection (1) of this section. The commissioner shall keep a record of all such applicants and of all certificates issued.

• Page 36, Line 14(4)  The commissioner may, upon request and without charge,

• Page 36, Line 15issue a limited certification as a certified weigher to any qualified officer

• Page 36, Line 16or employee of a municipality or county of this state or of a state

• Page 36, Line 17commission, board, institution, or agency authorizing such officer or

• Page 36, Line 18employee to act as a certified weigher only within the scope of his the officer's or employee's official employment.

• Page 36, Line 19(6)  The following persons shall be permitted, but shall not be required, to may obtain certification as certified weigher:

• Page 36, Line 20(a)  A weights and measures officer when acting within the scope of his the officer's official duties;

• Page 36, Line 21(b)  A person weighing property, produce, commodities, or articles

• Page 37, Line 1that he the person or his the person's employer, if any, is buying or selling; and

• Page 37, Line 2SECTION 60.  In Colorado Revised Statutes, 35-14-122, amend (6)(a) as follows:

• Page 37, Line 335-14-122.  Public scales - requirements - weight certificates -

• Page 37, Line 4procedures - records. (6) (a)  All commodities bought, sold, delivered,

• Page 37, Line 5or in the process of changing ownership that use the weight of the content

• Page 37, Line 6for final determination and settlement shall be weighed on a scale

• Page 37, Line 7licensed in accordance with this article article 14 if neither the buyer

• Page 37, Line 8nor the seller owns his or her own a scale. The weigher shall issue a

• Page 37, Line 9weight certificate containing all the information required by subsection

• Page 37, Line 10(2) of this section to both the buyer and the seller. If the buyer or seller

• Page 37, Line 11owns his or her own a scale licensed by the department and uses such the

• Page 37, Line 12scale to determine the weight of such the commodities, such the party

• Page 37, Line 13shall issue a ticket or invoice in duplicate to the other party. Said The

• Page 37, Line 14ticket or invoice shall must contain all the information required by subsection (2) of this section.

• Page 37, Line 15SECTION 61.  In Colorado Revised Statutes, 35-14-131, amend (5)(a) as follows:

• Page 37, Line 1635-14-131.  Civil penalties. (5)  It is a violation for any person to:

• Page 37, Line 17(a)  Sell, offer, or expose for sale or hire, or have in his or her the

• Page 37, Line 18person's possession for the purpose of selling or hiring an incorrect

• Page 37, Line 19weight or measure or any device or instrument used or calculated to falsify any weight or measure;

• Page 37, Line 20SECTION 62.  In Colorado Revised Statutes, 35-14-132, amend (1) as follows:

• Page 37, Line 2135-14-132.  Criminal penalties. (1)  Any person who willfully

• Page 38, Line 1makes, installs, sells or offers to sell, or uses or allows to be used on his

• Page 38, Line 2or her the person's weights or measures any a counterfeit seal, or seal

• Page 38, Line 3of the commissioner without proper authority, commits a civil infraction and shall be punished as provided in section 18-1.3-503.

• Page 38, Line 4SECTION 63.  In Colorado Revised Statutes, 35-14-133, amend (3) as follows:

• Page 38, Line 535-14-133.  Enforcement - cease-and-desist orders - hearings.

• Page 38, Line 6(3)  Whenever the commissioner possesses sufficient evidence

• Page 38, Line 7satisfactory to him or her the commissioner indicating that a person has

• Page 38, Line 8engaged in or is about to engage in an act or practice constituting a

• Page 38, Line 9violation of this article article 14 or any a rule or order adopted

• Page 38, Line 10pursuant to this article article 14, the commissioner may apply to a court

• Page 38, Line 11of competent jurisdiction to temporarily or permanently restrain or enjoin

• Page 38, Line 12the act or practice in question and to enforce compliance with this article

• Page 38, Line 13article 14 or any a rule or order adopted pursuant to this article article

• Page 38, Line 1414. In any such action, the commissioner shall is not be required to plead

• Page 38, Line 15or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.

• Page 38, Line 16SECTION 64.  In Colorado Revised Statutes, amend 35-23-103 as follows:

• Page 38, Line 1735-23-103.  Federal cooperation. The commissioner is

• Page 38, Line 18empowered to of agriculture may enter into such agreements with the

• Page 38, Line 19United States department of agriculture as he the commissioner may

• Page 38, Line 20determine to be necessary or advisable for the establishment of a joint

• Page 38, Line 21state and federal inspection service in Colorado for fruits, vegetables, and other agricultural products.

• Page 38, Line 22SECTION 65.  In Colorado Revised Statutes, amend 35-23-105 as follows:

• Page 39, Line 135-23-105.  Authority to enter business places. In carrying out

• Page 39, Line 2the provisions of this article this article 23, the commissioner of

• Page 39, Line 3agriculture and his the commissioner's deputies, inspectors, and

• Page 39, Line 4employees are authorized to may enter on any business day, during the

• Page 39, Line 5usual hours of business, any storehouse, warehouse, cold storage plant,

• Page 39, Line 6packing house, or other building or place where fruits, vegetables, or

• Page 39, Line 7other agricultural products are kept or stored by any person engaged in the

• Page 39, Line 8shipping of fruits, vegetables, or other agricultural products or to stop or

• Page 39, Line 9inspect at any time any automobile, truck, trailer, or other vehicle

• Page 39, Line 10transporting or containing any such fruits, vegetables, or other agricultural products.

• Page 39, Line 11SECTION 66.  In Colorado Revised Statutes, amend 35-23-106 as follows:

• Page 39, Line 1235-23-106.  Establishment of regulations and grades - public

• Page 39, Line 13meetings. The commissioner is empowered to may establish and enforce

• Page 39, Line 14such grades, grading rules, and regulations in addition to those established

• Page 39, Line 15by this article article 23, in no event less than the minimum

• Page 39, Line 16requirements prescribed by this article article 23, as he the

• Page 39, Line 17commissioner may deem necessary on fruits, vegetables, and other

• Page 39, Line 18agricultural products, which shall not conflict with any provisions of this

• Page 39, Line 19article this article 23, after a thorough investigation has been made of

• Page 39, Line 20the needs of the particular fruit, vegetable, or other agricultural product

• Page 39, Line 21for which grades, grading rules, and regulations are contemplated; but,

• Page 39, Line 22whenever it is deemed advisable by the commissioner, such grades shall

• Page 39, Line 23be the same as the grades promulgated by the United States department

• Page 39, Line 24of agriculture. Such grades, grading rules, and regulations, before they

• Page 40, Line 1become effective, shall be submitted for approval at one or more public

• Page 40, Line 2meetings called for that purpose and attended by representative growers

• Page 40, Line 3and shippers of the localities interested in the industry affected. Such

• Page 40, Line 4meetings shall be advertised at least once in a newspaper published in

• Page 40, Line 5such localities, one week or more prior to the meeting. Said Each

• Page 40, Line 6meeting shall be presided over by the commissioner or any of his the

• Page 40, Line 7commissioner's duly authorized deputies and, insofar as possible and

• Page 40, Line 8practicable, shall be conducted at such places as can be conveniently

• Page 40, Line 9reached by representatives of the affected industry. Grades, grading rules,

• Page 40, Line 10and regulations, established in accordance with the provisions of this

• Page 40, Line 11section, shall not be modified during the current shipping season of the

• Page 40, Line 12fruit, vegetable, or other agricultural product for which they are

• Page 40, Line 13established. In like manner the commissioner may provide for standard

• Page 40, Line 14packages for all fruits, vegetables, and other agricultural products, but no

• Page 40, Line 15standard packages shall not be eliminated or changed without two years' notice to the industry involved.

• Page 40, Line 16SECTION 67.  In Colorado Revised Statutes, amend 35-23-108 as follows:

• Page 40, Line 1735-23-108.  Rules. The commissioner of agriculture, with the

• Page 40, Line 18concurrence of the state agricultural commission, is authorized to

• Page 40, Line 19promulgate such may adopt rules and regulations relative to the proper

• Page 40, Line 20marking of containers, the issue of certificates of inspection, and the

• Page 40, Line 21tagging of the vehicle of transportation and such other rules and

• Page 40, Line 22regulations as he the commissioner deems necessary for the

• Page 40, Line 23improvement of the quality of marketing of all fruits, vegetables, or other agricultural products.

• Page 40, Line 24SECTION 68.  In Colorado Revised Statutes, amend 35-23-109 as follows:

• Page 41, Line 135-23-109.  Engaging in trade prohibited. The commissioner of

• Page 41, Line 2agriculture and his the commissioner's deputies, inspectors, and

• Page 41, Line 3employees are each prohibited, during their respective terms of

• Page 41, Line 4employment or office, from engaging in this state or elsewhere, either

• Page 41, Line 5directly or indirectly, in the business of buying or selling fruits,

• Page 41, Line 6vegetables, or other agricultural products or in dealing in the same on commission.

• Page 41, Line 7SECTION 69.  In Colorado Revised Statutes, amend 35-23-112 as follows:

• Page 41, Line 835-23-112.  Appeal of inspection - rules.Any An interested party

• Page 41, Line 9who is dissatisfied with any a classification of grades of any fruits,

• Page 41, Line 10vegetables, or other agricultural products made as the result of inspection

• Page 41, Line 11under this article article 23, within such time after the inspection and in

• Page 41, Line 12such manner as shall be prescribed by the commissioner of

• Page 41, Line 13agriculture, may appeal to the commissioner, and the commissioner is

• Page 41, Line 14directed to promulgate shall adopt rules and regulations governing the

• Page 41, Line 15time and manner of such appeal. Upon such appeal to him being regularly

• Page 41, Line 16taken the commissioner, the commissioner shall cause such

• Page 41, Line 17investigation to be made and such tests to be applied as he the

• Page 41, Line 18commissioner may deem necessary to determine the true grade or

• Page 41, Line 19classification in the particular case in question and shall issue a finding

• Page 41, Line 20determining the true grade or classification in the particular case.

• Page 41, Line 21Whenever an appeal to the commissioner is taken, he the commissioner

• Page 41, Line 22shall fix and assess, and collect or cause to be collected, the established

• Page 41, Line 23fee for an original inspection for each such appeal, which shall fee must

• Page 41, Line 24be uniform and which shall be refunded to the person paying the same if

• Page 42, Line 1the findings of the commissioner on appeal are to the effect that the grade

• Page 42, Line 2or classification as determined and certified on the original inspection

• Page 42, Line 3was erroneous and a new or different grade or classification is determined

• Page 42, Line 4by the commissioner. Any reinspection certificate issued as the result of an appeal shall supersede supersedes the original inspection certificate.

• Page 42, Line 5SECTION 70.  In Colorado Revised Statutes, amend 35-23-115 as follows:

• Page 42, Line 635-23-115.  Information confidential - rules.All Information

• Page 42, Line 7obtained as the result of any an inspection made under the provisions of

• Page 42, Line 8this article this article 23 shall not be open to inspection by the public;

• Page 42, Line 9except that the commissioner of agriculture shall prepare and certify

• Page 42, Line 10to any financially interested party a copy of the original inspection

• Page 42, Line 11certificate of any inspection upon the payment to him of his fees therefor

• Page 42, Line 12the commissioner of any required fees. The commissioner is

• Page 42, Line 13authorized to may prescribe rules and regulations governing the issuance of such certificates.

• Page 42, Line 14SECTION 71.  In Colorado Revised Statutes, 35-24.5-104, amend (2) and (3) as follows:

• Page 42, Line 1535-24.5-104.  Aquaculture board - created - members. (2)  The

• Page 42, Line 16term of office of the two additional members shall be appointed in

• Page 42, Line 17subsection (1)(b) of this section is three years. Each of these members

• Page 42, Line 18additional member shall serve until his or her the additional

• Page 42, Line 19member's successor has been appointed and qualified, and either member

• Page 42, Line 20shall be is eligible for reappointment. They Both additional members

• Page 42, Line 21shall serve without compensation except for actual and necessary traveling expenses.

• Page 42, Line 22(3)  The board shall annually select a chairman chair and a

• Page 43, Line 1vice-chairman vice-chair, who may be the same as the chairman chair and vice-chairman vice-chair of the fish health board.

• Page 43, Line 2SECTION 72.  In Colorado Revised Statutes, 35-25-103, amend (1), (2)(a), (4), (5)(d), and (6) as follows:

• Page 43, Line 335-25-103.  Enforcement. (1)  The commissioner or his the

• Page 43, Line 4commissioner's authorized agents are authorized and directed to enforce the provisions of this article article 25.

• Page 43, Line 5(2) (a)  If it appears to the commissioner after examination of the

• Page 43, Line 6facts that a violation of any provision of this article this article 25 has

• Page 43, Line 7occurred, he the commissioner may refer the facts to the district attorney for the county in which the violation occurred.

• Page 43, Line 8(4)  The commissioner may, by publication in such manner as he

• Page 43, Line 9the commissioner may prescribe, give notice of all judgments entered in actions instituted under the authority of this article article 25.

• Page 43, Line 10(5) (d)  Whenever the commissioner is found to have lacked

• Page 43, Line 11substantial justification to impose a civil penalty, the person charged may

• Page 43, Line 12recover his the person's costs and attorney fees from the department of agriculture.

• Page 43, Line 13(6)  The commissioner shall have full authority to may administer

• Page 43, Line 14oaths and take statements; to issue subpoenas requiring the attendance of

• Page 43, Line 15witnesses before him the commissioner and the production of all books,

• Page 43, Line 16memoranda, papers, and other documents, articles, or instruments; and to

• Page 43, Line 17compel the disclosure by such witnesses of all facts known to them

• Page 43, Line 18relative to the matters under investigation. Upon the failure or refusal of

• Page 43, Line 19any a witness to obey any a subpoena, the commissioner may petition the

• Page 43, Line 20district court, and, upon a proper showing, the court may enter an order

• Page 43, Line 21compelling the witness to appear and testify or produce documentary

• Page 44, Line 1evidence. Failure to obey such an order of the court shall be is punishable as a contempt of court.

• Page 44, Line 2SECTION 73.  In Colorado Revised Statutes, 35-25-105, amend (2) as follows:

• Page 44, Line 335-25-105.  Rules. (2)  The powers and duties of the commissioner

• Page 44, Line 4under this article article 25 may be delegated by the commissioner to

• Page 44, Line 5employees of the department of agriculture designated by him the commissioner.

• Page 44, Line 6SECTION 74.  In Colorado Revised Statutes, 35-25-106, amend (1) as follows:

• Page 44, Line 735-25-106.  Examination of apiaries. (1)  The commissioner,

• Page 44, Line 8when he the commissioner has reason to suspect disease in any apiary,

• Page 44, Line 9may examine all reported or suspected apiaries. If any a contagious

• Page 44, Line 10disease is present, he the commissioner may examine all apiaries in the

• Page 44, Line 11same locality and ascertain whether or not any a contagious disease exists

• Page 44, Line 12in the apiaries. If satisfied of the existence of any such a contagious

• Page 44, Line 13disease, the commissioner may burn, sterilize, or medically treat said

• Page 44, Line 14apiary in strict compliance with rules, and regulations pertaining thereto,

• Page 44, Line 15or the commissioner may require the beekeeper to burn, sterilize, or medically treat said the apiary.

• Page 44, Line 16SECTION 75.  In Colorado Revised Statutes, amend 35-25-107 as follows:

• Page 44, Line 1735-25-107.  Inspection of beehives for interstate movement.

• Page 44, Line 18Any A beekeeper or person requesting an inspection of beehives for

• Page 44, Line 19contagious disease for the purpose of interstate movement shall be is

• Page 44, Line 20liable for all costs of such inspection. The beekeeper or his the

• Page 44, Line 21beekeeper's agent shall accompany and assist the inspector in making the inspection.

• Page 45, Line 1SECTION 76.  In Colorado Revised Statutes, 35-26-105, amend (2) as follows:

• Page 45, Line 235-26-105.  Prohibited acts - removal from sale - advisory

• Page 45, Line 3alerts. (2)  The commissioner or his the commissioner's authorized

• Page 45, Line 4agents shall issue a stop-sale order to any person offering nursery stock

• Page 45, Line 5for sale in violation of any provision of this article article 26 or any

• Page 45, Line 6rules or regulations promulgated adopted pursuant to this article. Any

• Page 45, Line 7article 26. A person receiving a stop-sale order shall remove such stock from sale immediately.

• Page 45, Line 8SECTION 77.  In Colorado Revised Statutes, 35-26-108, amend (2) as follows:

• Page 45, Line 935-26-108.  Access to locations and records - administrative

• Page 45, Line 10subpoena - complaints and investigations. (2)  The commissioner, upon

• Page 45, Line 11his the commissioner's own motion or upon the complaint of any

• Page 45, Line 12person, may make any and all investigations necessary to ensure compliance with this article article 26.

• Page 45, Line 13SECTION 78.  In Colorado Revised Statutes, 35-26-110, amend (1.5) as follows:

• Page 45, Line 1435-26-110.  Out-of-state nurseries. (1.5)  An out-of-state nursery

• Page 45, Line 15advertising and selling nursery stock in Colorado and having no duly

• Page 45, Line 16appointed resident agent in this state upon whom process may be served

• Page 45, Line 17as provided by law shall be deemed to have appointed the secretary of

• Page 45, Line 18state as the agent of said the nursery upon whom service of process may

• Page 45, Line 19be had in the event of any suit against said the nursery. Service on the

• Page 45, Line 20secretary of state of any such process shall be made by delivering to and

• Page 45, Line 21leaving with him the secretary of state or with his the secretary

• Page 46, Line 1of state's deputy, an assistant, or a clerk two copies of such process. The

• Page 46, Line 2secretary of state shall also require a statement which that contains the

• Page 46, Line 3name and address of the nonresident's home or home office. After receipt

• Page 46, Line 4of such process the secretary of state shall forward to the defendant a

• Page 46, Line 5copy of the process by registered mail, return receipt requested. The

• Page 46, Line 6person so serving the secretary of state shall immediately send or give to

• Page 46, Line 7the commissioner a notice of such service and a copy of the process. The

• Page 46, Line 8secretary of state shall collect at the time of any service of process on him

• Page 46, Line 9the secretary of state as resident agent a fee which that shall be determined and collected pursuant to section 24-21-104 (3). C.R.S.

• Page 46, Line 10SECTION 79.  In Colorado Revised Statutes, amend 35-26-111 as follows:

• Page 46, Line 1135-26-111.  Rules. The commissioner is hereby authorized and

• Page 46, Line 12directed to promulgate shall adopt such rules and regulations as he may

• Page 46, Line 13deem as the commissioner deems necessary and proper for the

• Page 46, Line 14furtherance and enforcement of the provisions of this article. Such this

• Page 46, Line 15article 26. The rules and regulations shall be promulgated adopted in accordance with applicable provisions of article 4 of title 24. C.R.S.

• Page 46, Line 16SECTION 80.  In Colorado Revised Statutes, 35-26-113, amend (1) as follows:

• Page 46, Line 1735-26-113.  Bodies politic. (1)  All growing fields and all other

• Page 46, Line 18premises in this state on which nursery stock is being grown or held by

• Page 46, Line 19bodies politic for the purpose of planting on public or private grounds

• Page 46, Line 20shall be inspected at least once each year by the commissioner or his the commissioner's authorized agents.

• Page 46, Line 21SECTION 81.  In Colorado Revised Statutes, 35-26-114, amend

• Page 46, Line 22(3)(a), (4), (5), (6), and (7)(e) as follows:

• Page 47, Line 135-26-114.  Enforcement - subpoenas - cease-and-desist orders

• Page 47, Line 2- hearings - denial, revocation, or suspension of registration.

• Page 47, Line 3(3) (a)  Whenever the commissioner has reasonable cause to believe a

• Page 47, Line 4violation of any a provision of this article article 26 or any a rule made

• Page 47, Line 5adopted pursuant to this article article 26 has occurred and immediate

• Page 47, Line 6enforcement is deemed necessary, he the commissioner may issue a

• Page 47, Line 7cease-and-desist order, which may require any a person to cease violating

• Page 47, Line 8any a provision of this article article 26 or any a rule made adopted

• Page 47, Line 9pursuant to this article. Such article 26. The cease-and-desist order shall

• Page 47, Line 10must set forth the provisions alleged to have been violated, the facts

• Page 47, Line 11alleged to have constituted the violation, and the requirement that all actions be ceased forthwith.

• Page 47, Line 12(4)  The commissioner shall have full authority to may administer

• Page 47, Line 13oaths and take statements; to issue administrative subpoenas requiring the

• Page 47, Line 14attendance of witnesses before him the commissioner and the

• Page 47, Line 15production of all books, memoranda, papers, and other documents,

• Page 47, Line 16articles, or instruments; and to compel the disclosure by such witnesses

• Page 47, Line 17of all facts known to them relative to the matters under investigation.

• Page 47, Line 18Upon the failure or refusal of any a witness to obey an administrative

• Page 47, Line 19subpoena, the commissioner may petition the district court, and, upon a

• Page 47, Line 20proper showing, the court may enter an order compelling the witness to

• Page 47, Line 21appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be is punishable as a contempt of court.

• Page 47, Line 22(5)  Whenever it appears to the commissioner, upon sufficient

• Page 47, Line 23evidence satisfactory to the commissioner, that any a person has engaged

• Page 47, Line 24in or is about to engage in any an act or practice constituting a violation

• Page 47, Line 25of any a provision of this article article 26 or of any a rule or of any an

• Page 48, Line 1order promulgated adopted under this article, he article 26, the

• Page 48, Line 2commissioner may apply to any a court of competent jurisdiction to

• Page 48, Line 3temporarily or permanently restrain or enjoin the act or practice in

• Page 48, Line 4question and to enforce compliance with this article article 26 or any a

• Page 48, Line 5rule or order promulgated adopted under this article article 26. In any

• Page 48, Line 6such action, the commissioner shall is not be required to plead or prove

• Page 48, Line 7irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.

• Page 48, Line 8(6)  Complaints of record made to the commissioner and the results

• Page 48, Line 9of his the commissioner's investigations may, in at the discretion of the

• Page 48, Line 10commissioner, be closed to public inspection, except as provided by court

• Page 48, Line 11order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a registrant.

• Page 48, Line 12(7)  The commissioner may deny, revoke, or suspend any a registration for any of the following:

• Page 48, Line 13(e)  If the party has knowingly misrepresented information on his the party's application;

• Page 48, Line 14SECTION 82.  In Colorado Revised Statutes, 35-27-122, amend (2)(c), (2)(f) introductory portion, and (2)(f)(III) as follows:

• Page 48, Line 1535-27-122.  Arbitration council - procedures. (2) (c)  The

• Page 48, Line 16commissioner shall investigate the allegations in the a complaint. In

• Page 48, Line 17conducting such the investigation, the commissioner may employ the

• Page 48, Line 18services of any expert that he or she the commissioner deems

• Page 48, Line 19appropriate. Upon completion of the investigation, the commissioner shall

• Page 48, Line 20refer the complaint to the council along with a report of the results of the investigation.

• Page 48, Line 21(f)  In the course of his or her the commissioner's investigation, the commissioner may:

• Page 49, Line 1(III)  Conduct any other investigative activities that he or she the

• Page 49, Line 2commissioner deems necessary to obtain information relevant to the

• Page 49, Line 3allegations in the complaint pursuant to his or her the commissioner's authority in section 35-27-115.

• Page 49, Line 4SECTION 83.  In Colorado Revised Statutes, 35-27.3-107, amend (2)(c) as follows:

• Page 49, Line 535-27.3-107.  Advisory committee - created - members - terms

• Page 49, Line 6- duties. (2) (c)  In the event of a vacancy on the advisory committee prior

• Page 49, Line 7to the completion of a member's full term, the commissioner shall appoint

• Page 49, Line 8a person to complete the remainder of that term. The person so appointed

• Page 49, Line 9shall represent the same group as the member he or she the person is

• Page 49, Line 10replacing, as set forth in paragraph (b) of subsection (1) subsection (1)(b) of this section.

• Page 49, Line 11SECTION 84.  In Colorado Revised Statutes, 35-28-104, amend (2), (3), and (13) as follows:

• Page 49, Line 1235-28-104.  Definitions. As used in this article 28, unless the context otherwise requires:

• Page 49, Line 13(2)  "Commissioner" means the commissioner of agriculture or his the commissioner's duly authorized representative.

• Page 49, Line 14(3)  "Distributor" means any a person engaged in the operation of

• Page 49, Line 15selling, offering for sale, marketing, or distributing an agricultural

• Page 49, Line 16commodity which he that the person has produced, purchased, or

• Page 49, Line 17acquired from a producer, handler, or other distributor, or which he that

• Page 49, Line 18the person is marketing in on behalf of a producer, handler, or other

• Page 49, Line 19distributor, whether as owner, agent, employee, broker, or otherwise. but

• Page 49, Line 20shall "Distributor" does not include a retailer; as defined in this section

• Page 50, Line 1except that "distributor" includes a retailer who that purchases or

• Page 50, Line 2acquires from, or handles on behalf of any a producer, handler, or other

• Page 50, Line 3distributor an agricultural commodity that is not theretofore subject to regulation by the marketing order covering such the commodity.

• Page 50, Line 4(13)  "Retailer" means any a person who that purchases or

• Page 50, Line 5acquires any an agricultural commodity for resale at retail to the general

• Page 50, Line 6public at a fixed business location in the state for consumption off such

• Page 50, Line 7premises. but such person shall also be included within the definition of

• Page 50, Line 8A retailer may also be a distributor, as set forth in this section, to the

• Page 50, Line 9extent that he the person engages in the business of a distributor. as defined in this section.

• Page 50, Line 10SECTION 85.  In Colorado Revised Statutes, 35-28-105, amend (2), (3), and (4) as follows:

• Page 50, Line 1135-28-105.  Administration of article - public hearings.

• Page 50, Line 12(2)  Whenever the commissioner has reason to believe that the issuance

• Page 50, Line 13of a marketing order will tend to effectuate the declared policy of this

• Page 50, Line 14article article 28 with respect to any an agricultural commodity, either

• Page 50, Line 15upon his the commissioner's own motion or upon application of any

• Page 50, Line 16producer or handler of such commodity, he the commissioner shall give

• Page 50, Line 17due notice of and an opportunity for a public hearing upon a proposed marketing order.

• Page 50, Line 18(3)  Due notice of any a hearing called for such the purpose

• Page 50, Line 19described in subsection (2) of this section shall be given to all

• Page 50, Line 20persons who may be directly affected by any an action of the

• Page 50, Line 21commissioner taken pursuant to the provisions of this article this

• Page 50, Line 22article 28 and whose names appear upon lists to be filed by such the

• Page 50, Line 23agricultural industry with the commissioner. Such hearing shall be open

• Page 51, Line 1to the public. All testimony shall be received under oath and a full and

• Page 51, Line 2complete record of all proceedings at any such hearing shall be made and filed by the commissioner at his the commissioner's office.

• Page 51, Line 3(4)  In order to effectuate the declared policy of this article

• Page 51, Line 4article 28, the commissioner has the power, after due notice and

• Page 51, Line 5opportunity for hearing, to enter into marketing agreements with

• Page 51, Line 6processors, distributors, handlers, producers, and others engaged in the

• Page 51, Line 7handling of any an agricultural commodity and the regulating of the

• Page 51, Line 8preparation, sale, and handling of such agricultural commodity. which

• Page 51, Line 9said Any such marketing agreement shall be is binding upon the

• Page 51, Line 10signatories thereto to the marketing agreement exclusively. The

• Page 51, Line 11execution of such marketing agreement shall in no matter affect affects

• Page 51, Line 12the issuance, administration, or enforcement of any a marketing order

• Page 51, Line 13provided for in this article article 28. The commissioner may issue such

• Page 51, Line 14marketing order without executing a marketing agreement or may execute

• Page 51, Line 15a marketing agreement without issuing a marketing order covering the

• Page 51, Line 16same commodity. The commissioner, in his at the commissioner's

• Page 51, Line 17discretion, may hold a concurrent hearing upon a proposed marketing

• Page 51, Line 18agreement and a proposed marketing order in the manner provided for

• Page 51, Line 19giving due notice and opportunity for hearing for a marketing order as provided in this article article 28.

• Page 51, Line 20SECTION 86.  In Colorado Revised Statutes, 35-28-106, amend (1) introductory portion, (1)(a), and (2) introductory portion as follows:

• Page 51, Line 2135-28-106.  Marketing order issued - when. (1)  After such

• Page 51, Line 22notice and a hearing, the commissioner may issue a marketing order if he

• Page 51, Line 23the commissioner finds and sets forth in such the marketing order that

• Page 51, Line 24such the order will tend to:

• Page 52, Line 1(a)  Reestablish or maintain prices received by producers for such

• Page 52, Line 2an agricultural commodity at a level which that will give to such the

• Page 52, Line 3commodity a purchasing power, with respect to the articles and services

• Page 52, Line 4which that farmers commonly buy, equivalent to the purchasing power

• Page 52, Line 5of such the commodity in the base period. The base period shall be such

• Page 52, Line 6is the period in which the commissioner finds that the volume of

• Page 52, Line 7production of such the commodity was adequate to supply the

• Page 52, Line 8requirements of consumers thereof of the commodity and the net

• Page 52, Line 9returns to producers thereof of the commodity were sufficient to

• Page 52, Line 10provide an adequate standard of living to the farm operator and his the farm operator's family.

• Page 52, Line 11(2)  In making the findings set forth in subsection (1) of this

• Page 52, Line 12section, the commissioner shall take into consideration all facts available

• Page 52, Line 13to him the commissioner with respect to the following economic factors:

• Page 52, Line 14SECTION 87.  In Colorado Revised Statutes, 35-28-107, amend (2) introductory portion and (2)(e) as follows:

• Page 52, Line 1535-28-107.  Board of control. (2)  No A member of any such a

• Page 52, Line 16board of control shall not receive a salary but each shall be entitled to

• Page 52, Line 17his may receive an amount equal to the member's actual expenses

• Page 52, Line 18incurred while engaged in performing his the member's duties

• Page 52, Line 19authorized in this article article 28. The commissioner may authorize

• Page 52, Line 20such the board to employ necessary personnel, including an attorney

• Page 52, Line 21approved by the attorney general; fix their compensation and terms of

• Page 52, Line 22employment; and to incur such expenses, to be paid by the commissioner

• Page 52, Line 23from moneys money collected as provided in sections 35-28-113 and

• Page 52, Line 2435-28-114, as the commissioner may deem deems necessary and proper

• Page 53, Line 1to enable such the board properly to perform such of its duties as are

• Page 53, Line 2authorized in this article article 28. The duties of any such board shall be are administrative only and may include only the following:

• Page 53, Line 3(e)  To submit to the commissioner for his the commissioner's

• Page 53, Line 4approval an estimated budget of expense necessary for the operation of

• Page 53, Line 5any marketing agreement or order established by authority of this article

• Page 53, Line 6article 28 and also to submit for approval a method of assessing and

• Page 53, Line 7collecting such funds money, as the commissioner may find finds necessary for the administration of such marketing agreement or order;

• Page 53, Line 8SECTION 88.  In Colorado Revised Statutes, amend 35-28-111 as follows:

• Page 53, Line 935-28-111.  Termination of marketing order. The commissioner

• Page 53, Line 10shall suspend, amend, or terminate any a marketing order, or any a

• Page 53, Line 11provision of any a marketing order, whenever he the commissioner

• Page 53, Line 12finds that such the provision or order does not tend to effectuate the

• Page 53, Line 13declared purposes of this article article 28 within the standards and

• Page 53, Line 14subject to the limitations and restrictions imposed in this article article

• Page 53, Line 1528, but such the suspension or termination shall not be is not effective

• Page 53, Line 16until the expiration of the current marketing season. If the commissioner

• Page 53, Line 17finds that the termination of any a marketing order is requested in writing

• Page 53, Line 18by more than fifty percent of the producers who are engaged within the

• Page 53, Line 19designated production area in the production for market of the commodity

• Page 53, Line 20specified in such the marketing order, or who produce for market more

• Page 53, Line 21than fifty percent of the volume of such the commodity produced within

• Page 53, Line 22the designated production area for market, the commissioner shall

• Page 53, Line 23terminate or suspend for a specified period such the marketing order or

• Page 53, Line 24provision, thereof, but such termination shall be is effective only if announced on or before such date, as may be specified in such the order.

• Page 54, Line 1SECTION 89.  In Colorado Revised Statutes, 35-28-114, amend (2) as follows:

• Page 54, Line 235-28-114.  Disposition of money. (2)  Any moneys money

• Page 54, Line 3remaining in such the fund, allocable to any particular agricultural

• Page 54, Line 4commodity affected by a marketing order at the discretion of the

• Page 54, Line 5commissioner, may be refunded at the close of any a marketing season,

• Page 54, Line 6upon a pro rata basis, to all persons from whom assessments were

• Page 54, Line 7collected, or such portion of such moneys the money as may be

• Page 54, Line 8recommended by the board of control and approved by the commissioner

• Page 54, Line 9may be carried over into the next succeeding marketing season whenever

• Page 54, Line 10the commissioner finds that such moneys money may be required to

• Page 54, Line 11assist in defraying the cost of operating such the marketing order in such

• Page 54, Line 12the succeeding season. Upon termination by the commissioner of any a

• Page 54, Line 13marketing order, any moneys money remaining, and not required by the

• Page 54, Line 14commissioner to defray the expenses of such the marketing order, shall

• Page 54, Line 15be returned by the commissioner, upon a pro rata basis, to all persons

• Page 54, Line 16from whom assessments were collected. If the commissioner finds that

• Page 54, Line 17the amounts so returnable are so small as to make impractical the

• Page 54, Line 18computation and remitting of such pro rata refund to such persons, the

• Page 54, Line 19commissioner may use the moneys money in such the fund to defray the

• Page 54, Line 20expenses incurred by him the commissioner in the formulation,

• Page 54, Line 21issuance, administration, or enforcement of any subsequent marketing order for such the commodity.

• Page 54, Line 22SECTION 90.  In Colorado Revised Statutes, 35-28-116, amend (3), (4), (5), and (6) as follows:

• Page 54, Line 2335-28-116.  Administration and enforcement - cease-and-desist

• Page 55, Line 1orders - penalty. (3)  Upon the filing of a verified complaint charging a

• Page 55, Line 2violation of any provisions a provision of this article article 28 or of

• Page 55, Line 3any provision of any a provision of a marketing order issued by the

• Page 55, Line 4commissioner under this article article 28, and prior to the institution of

• Page 55, Line 5any a court proceeding authorized in this section, the commissioner, in

• Page 55, Line 6his at the commissioner's discretion, may refer the matter to the

• Page 55, Line 7attorney general or any a district attorney of this state for action pursuant

• Page 55, Line 8to the provisions of this article this article 28 or call a hearing to

• Page 55, Line 9consider the charges set forth in such the verified complaint. In such

• Page 55, Line 10case, the commissioner shall cause a copy of such the complaint,

• Page 55, Line 11together with a notice of the time and place of hearing of such the

• Page 55, Line 12complaint, to be served personally or by mail, upon the person named as

• Page 55, Line 13respondent therein in the complaint. Such service shall be made at least

• Page 55, Line 14three days before said the hearing date. The hearing shall be held in the

• Page 55, Line 15city or town in which is situated the principal place of business of the

• Page 55, Line 16respondent, or in which the violation complained of is alleged to have

• Page 55, Line 17occurred, or in the nearest office of the department of agriculture, at the

• Page 55, Line 18discretion of the commissioner. At the time and place designated for such

• Page 55, Line 19the hearing, the commissioner or his the commissioner's agents shall

• Page 55, Line 20hear the parties to said the complaint and shall enter in the office of the

• Page 55, Line 21commissioner at Denver his the commissioner's findings based upon facts established at such hearing.

• Page 55, Line 22(4)  If the commissioner finds that no violation has occurred, he

• Page 55, Line 23the commissioner shall forthwith dismiss such the complaint and notify the parties to such the complaint.

• Page 55, Line 24(5)  If the commissioner finds that a violation has occurred, he the

• Page 55, Line 25commissioner shall so enter his the commissioner's findings and notify

• Page 56, Line 1the parties to such the complaint. Should the respondent thereafter fail,

• Page 56, Line 2neglect, or refuse Thereafter, if the respondent fails, neglects, or

• Page 56, Line 3refuses to desist from such the violation within the time specified by the

• Page 56, Line 4commissioner, the commissioner may thereupon file a complaint against

• Page 56, Line 5such the respondent in a court of competent jurisdiction as set forth in this section.

• Page 56, Line 6(6)  Each district attorney of this state may, upon his the district

• Page 56, Line 7attorney's own initiative and shall upon any the complaint of any

• Page 56, Line 8person, if after investigation he the district attorney believes a

• Page 56, Line 9violation has occurred, bring a criminal action in the proper court in his

• Page 56, Line 10the district attorney's district or in the name of the people of this

• Page 56, Line 11state in any other court of competent jurisdiction in the state of Colorado

• Page 56, Line 12against any a person violating any a provision of this article article 28

• Page 56, Line 13or of any a marketing order duly issued by the commissioner under this article article 28.

• Page 56, Line 14SECTION 91.  In Colorado Revised Statutes, 35-28-119, amend (1), (2), and (4) as follows:

• Page 56, Line 1535-28-119.  Records - information - hearings. (1)  The

• Page 56, Line 16commissioner may require all processors or distributors subject to the

• Page 56, Line 17provisions of any marketing order issued pursuant to this article article

• Page 56, Line 1828 to maintain books and records reflecting their operations under said

• Page 56, Line 19the marketing order, and to furnish to the commissioner or his the

• Page 56, Line 20commissioner's duly authorized or designated representatives such

• Page 56, Line 21information as may be from time to time requested by them relating to

• Page 56, Line 22operations under said the marketing order, and to permit the inspection

• Page 56, Line 23by said the commissioner, or his the commissioner's duly authorized

• Page 56, Line 24or designated representatives, of such portions of such books and records as that relate to operations under said the marketing order.

• Page 57, Line 1(2)  Information obtained by any person under this article shall be

• Page 57, Line 2article 28 is confidential and shall not be by him disclosed to any other

• Page 57, Line 3person; save except that the information may be disclosed to a

• Page 57, Line 4person with like a right to obtain the same, information or any to an

• Page 57, Line 5attorney employed to give legal advice thereupon, concerning the information or by court order.

• Page 57, Line 6(4)  No A person shall not be excused from attending and

• Page 57, Line 7testifying or from producing documentary evidence before the

• Page 57, Line 8commissioner in obedience to the subpoena of the commissioner on the

• Page 57, Line 9ground or for the reason that the testimony or evidence, documentary or

• Page 57, Line 10otherwise, required of him the person may tend to incriminate him the

• Page 57, Line 11person or subject him the person to a penalty or forfeiture, but no a

• Page 57, Line 12natural person shall not be prosecuted or subjected to any a penalty or

• Page 57, Line 13forfeiture for or on account of any a transaction, matter, or thing

• Page 57, Line 14concerning which he the natural person may be so required to testify

• Page 57, Line 15or produce evidence, documentary or otherwise, before the commissioner

• Page 57, Line 16in obedience to a subpoena issued by him the commissioner; except that

• Page 57, Line 17no a natural person so testifying shall be is not exempt from prosecution and punishment for perjury in the first degree committed in so testifying.

• Page 57, Line 18SECTION 92.  In Colorado Revised Statutes, 35-28-120, amend (1) as follows:

• Page 57, Line 1935-28-120.  Deposit to defray expenses. (1)  Prior to the issuance

• Page 57, Line 20of any a marketing order by the commissioner, he the commissioner

• Page 57, Line 21may require the applicants therefor to deposit with him the

• Page 57, Line 22commissioner such amount as the commissioner may deem deems

• Page 57, Line 23necessary to defray the expenses of preparing and making effective such

• Page 58, Line 1the marketing order. Such funds money shall be received, deposited, and

• Page 58, Line 2disbursed by the commissioner in accordance with the provisions as set forth in section 35-28-114.

• Page 58, Line 3SECTION 93.  In Colorado Revised Statutes, 35-28-121, amend (2) as follows:

• Page 58, Line 435-28-121.  General provisions. (2)  The commissioner is

• Page 58, Line 5authorized to may confer with and cooperate with the legally constituted

• Page 58, Line 6authorities of other states and of the United States for the purpose of

• Page 58, Line 7obtaining uniformity in the administration of federal and state marketing

• Page 58, Line 8regulations, licenses, or orders. Said The commissioner is authorized to

• Page 58, Line 9may conduct joint hearings and issue joint or concurrent marketing orders

• Page 58, Line 10for the purposes and within the standards set forth in this article article

• Page 58, Line 1128, and he the commissioner may exercise any administrative authority

• Page 58, Line 12prescribed by this article article 28 to effect such uniformity of administration and regulation.

• Page 58, Line 13SECTION 94.  In Colorado Revised Statutes, 35-29-103, amend (1) and (3) as follows:

• Page 58, Line 1435-29-103.  Administration - seal of quality. (1)  The

• Page 58, Line 15commissioner and the representatives of the department under the

• Page 58, Line 16direction of the commissioner shall administer and enforce this article;

• Page 58, Line 17article 29, and, in such administration, the commissioner has and may

• Page 58, Line 18exercise any or all the administrative powers conferred upon him the commissioner as head of the department.

• Page 58, Line 19(3)  When any a producer, packer, distributor, or retailer has

• Page 58, Line 20complied with the provisions of this article this article 29 and the

• Page 58, Line 21regulations rules adopted pursuant thereto, he shall be permitted to

• Page 58, Line 22this article 29, the producer, packer, distributor, or retailer

• Page 59, Line 1may use the seal of quality in advertising, labeling, or marketing his the producer's, packer's, distributor's, or retailer's product.

• Page 59, Line 2SECTION 95.  In Colorado Revised Statutes, amend 35-30-101 as follows:

• Page 59, Line 335-30-101.  Cooperation with United States. The governor is

• Page 59, Line 4authorized to may cooperate with the government of the United States

• Page 59, Line 5and its agents and representatives in all matters pertaining to the

• Page 59, Line 6conservation, distribution, or production of food, insofar as he the governor may find it possible to do so.

• Page 59, Line 7SECTION 96.  In Colorado Revised Statutes, amend 35-30-102 as follows:

• Page 59, Line 835-30-102.  Powers of governor. The governor of the state of

• Page 59, Line 9Colorado is vested with all police and regulatory powers regarding the

• Page 59, Line 10production, storage, refrigeration, manufacture, distribution, handling,

• Page 59, Line 11dealing in, or sale of foodstuffs or food products and other necessities of

• Page 59, Line 12life, whether in the raw state or in manufactured form, or any article used

• Page 59, Line 13or capable of use as food for man human or beast, which that are vested

• Page 59, Line 14in the president or any other executive officer of the United States, but the

• Page 59, Line 15rules, regulations, and orders promulgated by the governor in the exercise

• Page 59, Line 16of the power conferred in this section shall must not be more drastic than

• Page 59, Line 17nor in conflict with the rules, regulations, and orders of the president and executive officers of the United States government.

• Page 59, Line 18SECTION 97.  In Colorado Revised Statutes, 35-33-103, amend the introductory portion and (3) as follows:

• Page 59, Line 1935-33-103.  Definitions. As used in this article article 33, unless the context otherwise requires:

• Page 59, Line 20(3)  "Commissioner" means the commissioner of agriculture or his or her the commissioner's authorized agent.

• Page 60, Line 1SECTION 98.  In Colorado Revised Statutes, 35-33-104, amend (6) as follows:

• Page 60, Line 235-33-104.  Commissioner of agriculture - powers and duties.

• Page 60, Line 3(6)  When the commissioner has reasonable cause to believe that any meat

• Page 60, Line 4or meat product is being held, slaughtered, or processed in violation of

• Page 60, Line 5this article article 33 or the rules promulgated adopted under this

• Page 60, Line 6article article 33, and when such product endangers the public health,

• Page 60, Line 7safety, or welfare, he or she the commissioner may issue and enforce a

• Page 60, Line 8written retention order prohibiting any person from moving or otherwise

• Page 60, Line 9disposing of the retained product in any manner without written

• Page 60, Line 10permission of the commissioner. Within five days after the issuance of

• Page 60, Line 11any a retention order, the commissioner shall hold a hearing to determine

• Page 60, Line 12whether the retained product should be condemned or released to the

• Page 60, Line 13owner. If the product is found to be adulterated, and the product cannot

• Page 60, Line 14be brought into compliance with this article article 33, the

• Page 60, Line 15commissioner shall order that the retained product is inedible meat and the product shall be disposed of.

• Page 60, Line 16SECTION 99.  In Colorado Revised Statutes, amend 35-33-105 as follows:

• Page 60, Line 1735-33-105.  Injunctive relief. Whenever the commissioner

• Page 60, Line 18possesses sufficient evidence satisfactory to him or her the

• Page 60, Line 19commissioner indicating that any a person has engaged in or is about to

• Page 60, Line 20engage in any an act or practice constituting a violation of any a

• Page 60, Line 21provision of this article article 33 or of any a rule promulgated

• Page 60, Line 22adopted under this article article 33, the commissioner may apply to

• Page 60, Line 23any a court of competent jurisdiction to temporarily or permanently

• Page 61, Line 1restrain or enjoin the act or practice in question and to enforce compliance

• Page 61, Line 2with this article article 33 or any a rule or order adopted under this

• Page 61, Line 3article article 33. In any such action, the commissioner shall is not be

• Page 61, Line 4required to plead or prove irreparable injury or the inadequacy of the

• Page 61, Line 5remedy at law. Under no circumstances shall the court require the commissioner to post a bond.

• Page 61, Line 6SECTION 100.  In Colorado Revised Statutes, 35-38-104, amend (2)(b) introductory portion and (2)(b)(IV) as follows:

• Page 61, Line 735-38-104.  Dealer agreement cancellation notice - definition.

• Page 61, Line 8(2) (b)  For purposes of As used in this subsection (2), "cause" means when a dealer:

• Page 61, Line 9(IV)  Files a voluntary petition in bankruptcy or has an involuntary

• Page 61, Line 10petition in bankruptcy filed against him or her the dealer that has not been discharged within the sixty-day period after it was filed;

• Page 61, Line 11SECTION 101.  In Colorado Revised Statutes, 35-40-115, amend (4), (5)(d), and (6) as follows:

• Page 61, Line 1235-40-115.  Enforcement - penalty. (4)  Whenever it appears to

• Page 61, Line 13the commissioner, upon sufficient evidence satisfactory to the

• Page 61, Line 14commissioner, that any a person has engaged in or is about to engage in

• Page 61, Line 15any an act or practice constituting a violation of any a provision of this

• Page 61, Line 16part 1 or of any a rule or of any an order promulgated adopted under

• Page 61, Line 17this part 1, he the commissioner may apply to any a court of competent

• Page 61, Line 18jurisdiction to temporarily or permanently restrain or enjoin the act or

• Page 61, Line 19practice in question and to enforce compliance with this article article

• Page 61, Line 2040 or any a rule or order under this article article 40. In any such action,

• Page 61, Line 21the commissioner shall is not be required to plead or prove irreparable

• Page 61, Line 22injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.

• Page 62, Line 1(5) (d)  Whenever the commissioner is found to have lacked

• Page 62, Line 2substantial justification to impose a civil penalty, the person charged may

• Page 62, Line 3recover his the person's costs and attorney fees from the department of agriculture.

• Page 62, Line 4(6)  The commissioner shall have full authority to may administer

• Page 62, Line 5oaths and take statements; to issue subpoenas requiring the attendance of

• Page 62, Line 6witnesses before him the commissioner and the production of all books,

• Page 62, Line 7memoranda, papers, and other documents, articles, or instruments; and to

• Page 62, Line 8compel the disclosure by such witnesses of all facts known to them

• Page 62, Line 9relative to the matters under investigation. Upon the failure or refusal of

• Page 62, Line 10any a witness to obey any a subpoena, the commissioner may petition the

• Page 62, Line 11district court, and, upon a proper showing, the court may enter an order

• Page 62, Line 12compelling the witness to appear and testify or produce documentary

• Page 62, Line 13evidence. Failure to obey such an order of the court shall be is punishable as a contempt of court.

• Page 62, Line 14SECTION 102.  In Colorado Revised Statutes, 35-41-101, amend (2) as follows:

• Page 62, Line 1535-41-101.  State board of stock inspection commissioners -

• Page 62, Line 16creation - brand commissioner - enterprise - bonds. (2)  The board

• Page 62, Line 17shall appoint a brand commissioner who shall be under its supervision

• Page 62, Line 18and who, in the absence of the board, shall carry out its policies. The

• Page 62, Line 19brand commissioner shall be is subject to the state personnel system laws.

• Page 62, Line 20His The brand commissioner's compensation shall be paid out of the

• Page 62, Line 21brand inspection fund. The brand commissioner, certified by the state

• Page 62, Line 22personnel director to his position on April 27, 1963, shall continue in such

• Page 62, Line 23certified status as provided by law.

• Page 63, Line 1SECTION 103.  In Colorado Revised Statutes, 35-42-103, amend (4) as follows:

• Page 63, Line 235-42-103.  Definitions. As used in this article 42, unless the context otherwise requires:

• Page 63, Line 3(4)  "Commissioner" means the Colorado commissioner of agriculture or his the commissioner's designee.

• Page 63, Line 4SECTION 104.  In Colorado Revised Statutes, 35-42-107, amend (5) and (6) as follows:

• Page 63, Line 535-42-107.  Bureau personnel - appointment. (5)  The

• Page 63, Line 6commissioner may, in his at the commissioner's discretion, revoke the commission of any an agent.

• Page 63, Line 7(6)  The commissioner may, in his at the commissioner's

• Page 63, Line 8discretion, determine classifications and subclassifications for the commissions of agent agents.

• Page 63, Line 9SECTION 105.  In Colorado Revised Statutes, 35-42-108, amend (1) as follows:

• Page 63, Line 1035-42-108.  Care of confined animal. (1)  Except as authorized

• Page 63, Line 11by law, no a person shall not confine an animal shall be confined

• Page 63, Line 12without an adequate supply of food and water. If any an animal is found

• Page 63, Line 13to be confined without adequate food or water, it shall be lawful for any

• Page 63, Line 14an officer or agent of the bureau, a peace officer within his the peace

• Page 63, Line 15officer's jurisdiction, or a licensed veterinarian to may, from time to

• Page 63, Line 16time as may be necessary, enter into any and upon any area or building

• Page 63, Line 17where such animal is confined and supply it the animal with adequate

• Page 63, Line 18food and water; except that such entry shall not be made into any a

• Page 63, Line 19building which that is a person's residence, unless by search warrant or

• Page 63, Line 20court order.

• Page 64, Line 1SECTION 106.  In Colorado Revised Statutes, 35-42-109, amend (5)(a), (5)(c), (5)(e), and (8) as follows:

• Page 64, Line 235-42-109.  Protection of animals mistreated, neglected, or

• Page 64, Line 3abandoned. (5) (a)  The commissioner may, in his at the

• Page 64, Line 4commissioner's discretion, provide for such the animal until judgment by the court.

• Page 64, Line 5(c)  The court may adjudge that the owner is a person able to

• Page 64, Line 6adequately provide for such the animal and a person fit to own the

• Page 64, Line 7animal, in which case the animal shall be returned to the owner after all

• Page 64, Line 8reasonable expenses of any food, shelter, and care provided by the

• Page 64, Line 9commissioner have been paid; except that, if such expenses are not paid

• Page 64, Line 10within ten days of after a court order adjudging the owner a person able

• Page 64, Line 11to adequately provide for such the animal and a person fit to own the

• Page 64, Line 12animal, the commissioner may, in his at the commissioner's discretion

• Page 64, Line 13and without liability, dispose of the animal by selling it at public auction,

• Page 64, Line 14placing it for adoption in a suitable home, giving it to a suitable animal shelter, or humanely destroying it as deemed proper by the commissioner.

• Page 64, Line 15(e)  At least six days prior to disposing of the animal, the

• Page 64, Line 16commissioner shall provide written notice to the owner at his the

• Page 64, Line 17owner's last-known address of the time and place of the disposition of the animal.

• Page 64, Line 18(8)  Any An officer or agent of the bureau may lawfully interfere

• Page 64, Line 19to prevent the perpetration of an act of mistreatment, neglect,

• Page 64, Line 20abandonment, or cruelty pursuant to part 2 of article 9 of title 18, C.R.S., which act occurs in his the officer's or the agent's presence.

• Page 64, Line 21SECTION 107.  In Colorado Revised Statutes, amend 35-42-110

• Page 64, Line 22as follows:

• Page 65, Line 135-42-110.  Injured animals may be euthanized.Any An agent

• Page 65, Line 2of the bureau or a peace officer, as described in section 16-2.5-101,

• Page 65, Line 3C.R.S., may lawfully euthanize or cause to be euthanized, as defined in

• Page 65, Line 4section 18-9-201 (2.7), C.R.S., any an animal in his or her the agent's

• Page 65, Line 5or the peace officer's charge when, in the judgment of such the agent

• Page 65, Line 6or peace officer, and in the opinion of a licensed veterinarian, the animal

• Page 65, Line 7is experiencing extreme pain or suffering or is severely injured past

• Page 65, Line 8recovery, severely disabled past recovery, or severely diseased past

• Page 65, Line 9recovery. In the event a licensed veterinarian is not available, the animal

• Page 65, Line 10may be euthanized if, by the written certificate of two persons, one of

• Page 65, Line 11whom may be selected by the owner if the owner so requests, called to

• Page 65, Line 12view the animal in the presence of the agent, the animal appears to be

• Page 65, Line 13severely injured past recovery, severely disabled past recovery, severely diseased past recovery, or unfit for any useful purpose.

• Page 65, Line 14SECTION 108.  In Colorado Revised Statutes, 35-42-111, amend (1) and (3) as follows:

• Page 65, Line 1535-42-111.  Investigations - access - administrative subpoena.

• Page 65, Line 16(1)  The commissioner, upon his the commissioner's own motion or

• Page 65, Line 17upon the complaint of any person, shall make any investigations necessary to ensure compliance with this article article 42.

• Page 65, Line 18(3)  Complaints of record made to the commissioner and the results

• Page 65, Line 19of his the commissioner's investigations may, in at the discretion of the

• Page 65, Line 20commissioner, be closed to public inspection, except as provided by court order, during the investigatory period.

• Page 65, Line 21SECTION 109.  In Colorado Revised Statutes, 35-42-112, amend (1), (2)(a), and (3) as follows:

• Page 65, Line 2235-42-112.  Enforcement. (1)  The commissioner or his the

• Page 66, Line 1commissioner's designee shall enforce the provisions of this article article 42.

• Page 66, Line 2(2) (a)  Whenever the commissioner has reasonable cause to

• Page 66, Line 3believe a violation of any a provision of this article article 42 or any a

• Page 66, Line 4rule made adopted pursuant to this article article 42 has occurred and

• Page 66, Line 5immediate enforcement is deemed necessary, he the commissioner may

• Page 66, Line 6issue a cease-and-desist order, which may require any a person to cease

• Page 66, Line 7violating any a provision of this article article 42 or any a rule made

• Page 66, Line 8adopted pursuant to this article article 42. Such cease-and-desist order shall must:

• Page 66, Line 9(I)  Set forth the provisions alleged to have been violated and the facts alleged to have constituted the violation; and

• Page 66, Line 10(II)  shall Require that all actions causing the violation be ceased.

• Page 66, Line 11(3)  Whenever it appears to the commissioner upon sufficient

• Page 66, Line 12evidence satisfactory to the commissioner that any a person has engaged

• Page 66, Line 13in or is about to engage in any an act or practice constituting a violation

• Page 66, Line 14of any a provision of this article article 42 or of any a rule adopted

• Page 66, Line 15pursuant to this article, he article 42, the commissioner may apply to

• Page 66, Line 16any a court of competent jurisdiction to temporarily or permanently

• Page 66, Line 17restrain or enjoin the act or practice in question and to enforce compliance

• Page 66, Line 18with this article article 42 or any a rule adopted pursuant to this article

• Page 66, Line 19article 42. In any such action, the commissioner shall is not be required

• Page 66, Line 20to plead or prove irreparable injury or the inadequacy of the remedy at

• Page 66, Line 21law. Under no circumstances shall the court require the commissioner to post a bond.

• Page 66, Line 22SECTION 110.  In Colorado Revised Statutes, 35-42-115, amend

• Page 66, Line 23(3) as follows:

• Page 67, Line 135-42-115.  Dangerous dog registry - created - cash fund -

• Page 67, Line 2rules. (3)  Each A person who is ordered to identify his or her the

• Page 67, Line 3person's dangerous dog through microchip implantation shall pay to the

• Page 67, Line 4bureau a nonrefundable dangerous dog microchip license fee of fifty

• Page 67, Line 5dollars, as required in section 18-9-204.5 (3)(e.5)(IV). C.R.S. The bureau

• Page 67, Line 6shall transmit all fees collected pursuant to this subsection (3) to the state

• Page 67, Line 7treasurer who shall credit the same money to the dangerous dog

• Page 67, Line 8microchip licensure cash fund, referred to in this section as the "fund",

• Page 67, Line 9which fund is hereby created. The moneys money in the fund shall be is

• Page 67, Line 10subject to annual appropriation by the general assembly to the bureau for

• Page 67, Line 11the costs incurred in implementing this section. The state treasurer may

• Page 67, Line 12invest any moneys money in the fund not expended for the purpose of

• Page 67, Line 13this section as provided by law. All interest and income derived from the

• Page 67, Line 14investment and deposit of moneys money in the fund shall be credited to

• Page 67, Line 15the fund. Any unexpended and unencumbered moneys money remaining

• Page 67, Line 16in the fund at the end of a fiscal year shall remain remains in the fund

• Page 67, Line 17and shall not be credited or transferred to the general fund or another fund.

• Page 67, Line 18SECTION 111.  In Colorado Revised Statutes, 35-42.5-101, amend (1)(a)(III) as follows:

• Page 67, Line 1935-42.5-101.  Duties and restrictions relating to shelters and

• Page 67, Line 20pounds - legislative declaration - red tagging prohibited -

• Page 67, Line 21enforcement - penalty - definitions. (1) (a) (III)  If a pound or shelter

• Page 67, Line 22provides dogs or cats to facilities for experimentation, such the pound or

• Page 67, Line 23shelter shall inform an owner who is relinquishing his the owner's dog

• Page 67, Line 24or cat to the pound or shelter of such practice. The pound or shelter may

• Page 67, Line 25charge a reasonable fee for housing the dog or cat during the two-week period the animal is cared for by the pound or shelter.

• Page 68, Line 1SECTION 112.  In Colorado Revised Statutes, 35-43-105, amend (2) as follows:

• Page 68, Line 235-43-105.  Fee to record brands - unlawful use - penalty. (2)  It

• Page 68, Line 3is unlawful for any a person, an association, or a corporation to brand or

• Page 68, Line 4cause to be branded any livestock with a brand which that has not been

• Page 68, Line 5recorded with the state board of stock inspection commissioners, as

• Page 68, Line 6provided in subsection (1) of this section, or with a brand which that has

• Page 68, Line 7been previously recorded by another person, association, or corporation.

• Page 68, Line 8When any an owner of a recorded brand in use in this state moves his

• Page 68, Line 9the owner's cattle, branded with his the owner's own brand, to a new

• Page 68, Line 10and different range or locality in this state within which territory there is

• Page 68, Line 11in use a conflicting or similar recorded brand, the state board of stock

• Page 68, Line 12inspection commissioners may order such recorded brand owner so

• Page 68, Line 13moving to a new range or locality to discontinue the use of his the

• Page 68, Line 14owner's recorded brand in that locality, and the board, at its discretion, may cancel such brand ordered to be so discontinued.

• Page 68, Line 15SECTION 113.  In Colorado Revised Statutes, amend 35-43-116 as follows:

• Page 68, Line 1635-43-116.  Wrongful branding - penalty. If any a person, an

• Page 68, Line 17association, or a corporation willfully and knowingly brands, or causes

• Page 68, Line 18to be branded, an animal which that is the property of another with his

• Page 68, Line 19or her the person's, association's, or corporation's brand or any

• Page 68, Line 20brand which that is not the recorded brand of the owner or willfully and

• Page 68, Line 21knowingly effaces, defaces, or obliterates any a brand or mark upon such

• Page 68, Line 22an animal, such the person or any the officer or director of any such

• Page 68, Line 23association or corporation commits a class 6 felony and shall be punished as provided in section 18-1.3-401. C.R.S.

• Page 69, Line 1SECTION 114.  In Colorado Revised Statutes, amend 35-43-117 as follows:

• Page 69, Line 235-43-117.  Use of false brand - damages.Any A person who

• Page 69, Line 3brands or marks, or causes to be branded or marked, any an animal which

• Page 69, Line 4that is the property of another with his the person's brand or any a

• Page 69, Line 5brand which that is not the recorded brand of the owner or effaces,

• Page 69, Line 6defaces, or obliterates any a brand or mark upon any an animal is guilty

• Page 69, Line 7of theft and, upon conviction thereof, shall be is liable to the owner

• Page 69, Line 8thereof of the animal for three times the value of the animal so branded

• Page 69, Line 9or marked or upon which the brand or mark has been effaced, defaced, or

• Page 69, Line 10obliterated. Payment of the forfeiture provided in this section shall does

• Page 69, Line 11not entitle the person so branding, effacing, defacing, or obliterating a

• Page 69, Line 12brand to the property right in the animal so branded or upon which the

• Page 69, Line 13brand was effaced, defaced, or obliterated, but such animal shall be surrendered to the proper owner.

• Page 69, Line 14SECTION 115.  In Colorado Revised Statutes, 35-43-120, amend (1) as follows:

• Page 69, Line 1535-43-120.  Trespassing on lands - injuring resident - penalty.

• Page 69, Line 16(1)  It is the duty of any A person owning or having charge of any drove

• Page 69, Line 17of cattle, horses, or sheep, who when driving the same into or through any

• Page 69, Line 18county of Colorado of which the owner is not a resident or landowner and

• Page 69, Line 19where the land in such county is occupied and improved by settlers and

• Page 69, Line 20ranchers, to shall prevent the same from mixing with the cattle, horses,

• Page 69, Line 21or sheep belonging to the actual settlers and also to prevent said drove of

• Page 69, Line 22cattle, horses, or sheep from trespassing on such land as may be that is

• Page 69, Line 23the property or in the possession of the an actual settler and used by him

• Page 70, Line 1the settler for the grazing of animals or the growing of hay or other crops or from doing injury to ditches.

• Page 70, Line 2SECTION 116.  In Colorado Revised Statutes, 35-43-130, amend (1) as follows:

• Page 70, Line 335-43-130.  Cattle in feedlots - penalty. (1)  A Colorado brand

• Page 70, Line 4inspector shall inspect all cattle entering a Colorado custom feedlot for

• Page 70, Line 5feeding under a custom contract if the cattle are not accompanied by a

• Page 70, Line 6brand certificate or valid documentation of purchase listing all brands or

• Page 70, Line 7no brands. In addition, all cattle entering Colorado for grazing purposes

• Page 70, Line 8under a leased grazing agreement, owned by a nonresident, shall also be

• Page 70, Line 9inspected by a duly authorized Colorado brand inspector. The brand

• Page 70, Line 10inspector shall issue a certificate of inspection to the proven owner and

• Page 70, Line 11a copy of such certificate to the custom feedlot operator or ranch manager

• Page 70, Line 12after ownership is established and before the cattle are mixed with any

• Page 70, Line 13other cattle or turned loose for grazing. Upon completion of the

• Page 70, Line 14inspection, said the inspector shall collect an inspection fee in the

• Page 70, Line 15amount prescribed by the state board of stock inspection commissioners

• Page 70, Line 16pursuant to section 35-41-104. If the cattle are carrying more than two

• Page 70, Line 17consistent brands, the owner shall mark or brand all of his the owner's

• Page 70, Line 18cattle with the same brand, with one of the two existing brands, with a

• Page 70, Line 19brand of valid registry of the owner, or with an ear tag specifically

• Page 70, Line 20identifying each animal to a specific feedlot or otherwise identify the

• Page 70, Line 21cattle as prescribed by the board. Evidence of this brand or permanent

• Page 70, Line 22mark shall be shown on the certificate of inspection in addition to brands

• Page 70, Line 23or no brands found on the inspected cattle for future reference of valid

• Page 70, Line 24proven ownership. When ear tags are utilized, each ear tag shall must be

• Page 70, Line 25legible and at least one inch in height and two inches in width.

• Page 71, Line 1SECTION 117.  In Colorado Revised Statutes, 35-43-203, amend (1)(f) as follows:

• Page 71, Line 235-43-203.  Requirements for slaughterer business. (1)  Every

• Page 71, Line 3person carrying on the trade or business of a slaughterer of livestock in this state:

• Page 71, Line 4(f)  Shall require any person from whom he or she the person

• Page 71, Line 5purchases the carcass or any part thereof of the carcass, not inspected

• Page 71, Line 6by a state brand inspector immediately prior to slaughter, to exhibit the hide as provided in section 35-43-207;

• Page 71, Line 7SECTION 118.  In Colorado Revised Statutes, amend 35-43-208 as follows:

• Page 71, Line 835-43-208.  Person killing for own use. Unless the a hide has

• Page 71, Line 9been previously inspected and released by a duly authorized Colorado

• Page 71, Line 10brand inspector, it is unlawful for any person to possess or to kill

• Page 71, Line 11livestock to obtain any part of the animal for his or her the person's own

• Page 71, Line 12use without preserving the hide of such the animal intact with a complete

• Page 71, Line 13unskinned tail attached thereto for a period of not less than thirty days,

• Page 71, Line 14during which period the hide shall be presented upon the demand of any person.

• Page 71, Line 15SECTION 119.  In Colorado Revised Statutes, amend 35-43-210 as follows:

• Page 71, Line 1635-43-210.  Inspection of hide. The sheriff or deputy sheriff of

• Page 71, Line 17any a county in this state and any a regular or special brand inspector

• Page 71, Line 18appointed by the board are hereby authorized and empowered to may

• Page 71, Line 19require any a person who kills for his or her the person's own use and

• Page 71, Line 20consumption any livestock to produce for inspection the hide of any such

• Page 71, Line 21livestock that has been killed within thirty days unless the livestock has

• Page 72, Line 1been inspected and tagged prior to such the demand for inspection. In the

• Page 72, Line 2absence of the owner or proper corporate officer, the person in charge of

• Page 72, Line 3the premises where the meat then is shall produce the hide for inspection upon demand.

• Page 72, Line 4SECTION 120.  In Colorado Revised Statutes, amend 35-44-102 as follows:

• Page 72, Line 535-44-102.  Taking up estrays - notice.No A person shall not

• Page 72, Line 6take into his the person's custody an estray animal unless the same

• Page 72, Line 7animal is found trespassing upon lands owned, leased, or otherwise

• Page 72, Line 8controlled by him the person. The state board of stock inspection

• Page 72, Line 9commissioners or an authorized brand inspector representing said the

• Page 72, Line 10board has authority to move such estray animal to a safe and practical

• Page 72, Line 11place within the immediate vicinity to be held during the legal advertising

• Page 72, Line 12period. When any a person takes into his the person's custody an estray,

• Page 72, Line 13within five days thereafter he the person shall make out execute a

• Page 72, Line 14written description of such the animal, setting forth all marks or brands

• Page 72, Line 15appearing upon such animal and other marks of identity, such as color,

• Page 72, Line 16age, size, sex, and possible owner, and forward the same by mail to the

• Page 72, Line 17state board of stock inspection commissioners in Denver or notify the

• Page 72, Line 18nearest authorized brand inspector. Any A person having knowledge of

• Page 72, Line 19any an estray animal upon the public range may notify the state board of

• Page 72, Line 20stock inspection commissioners, or any authorized brand inspector of said

• Page 72, Line 21the board, giving a description of said the estray, and upon instructions

• Page 72, Line 22from the board of stock inspection commissioners, or from an authorized

• Page 72, Line 23inspector of the board, said the estray shall be held by such the person

• Page 72, Line 24to be turned over to a duly authorized inspector of said the board for

• Page 72, Line 25disposition as the board may direct according to law.

• Page 73, Line 1SECTION 121.  In Colorado Revised Statutes, amend 35-44-103 as follows:

• Page 73, Line 235-44-103.  When estray returned to owner. Upon receiving

• Page 73, Line 3notice that any a person has taken into his the person's custody any an

• Page 73, Line 4estray animal, it is the duty of the state board of stock inspection

• Page 73, Line 5commissioners to shall make or cause to be made an examination of the

• Page 73, Line 6state brand records, and, if from this record the name of the owner or

• Page 73, Line 7probable owner can be determined, it the board shall forthwith notify

• Page 73, Line 8him the owner or probable owner of the taking into custody of such

• Page 73, Line 9the estray. Upon the owner proving ownership to the satisfaction of the

• Page 73, Line 10state board of stock inspection commissioners, that the estray animal is

• Page 73, Line 11rightfully his, the state board shall issue to him the owner an order to

• Page 73, Line 12receive the same upon payment of any reasonable charges which that may have been incurred in the care of said the animal.

• Page 73, Line 13SECTION 122.  In Colorado Revised Statutes, amend 35-44-104 as follows:

• Page 73, Line 1435-44-104.  Owner not found - advertisement. If the brand

• Page 73, Line 15commissioner appointed by the state board of stock inspection

• Page 73, Line 16commissioners is unable to determine from the brand records and

• Page 73, Line 17description who is the owner or probable owner of any a reported estrays,

• Page 73, Line 18he estray, the brand commissioner shall cause notice showing a

• Page 73, Line 19facsimile of the brand and other identifying characteristics carried by the

• Page 73, Line 20estray to be posted in the offices of all county clerk and recorders, and in

• Page 73, Line 21licensed livestock markets, and in other conspicuous places in the area

• Page 73, Line 22where said the estray was found. Said The livestock notice shall must

• Page 73, Line 23state when and where the estray animal was taken into custody. In

• Page 73, Line 24addition, the brand commissioner shall cause a notice giving a general

• Page 74, Line 1description of the estray to be placed in a local newspaper within the

• Page 74, Line 2county where the estray is held, and said the notice shall be carried in

• Page 74, Line 3one regular issue only. Both notices shall must state that unless the

• Page 74, Line 4animal is claimed by the legal owner within ten days after the publication

• Page 74, Line 5or posting of the notice, whichever is later, then the same animal shall

• Page 74, Line 6be sold by the state board of stock inspection commissioners for the benefit of the owner when found.

• Page 74, Line 7SECTION 123.  In Colorado Revised Statutes, amend 35-44-105 as follows:

• Page 74, Line 835-44-105.  Sale of estrays. If said an estray animal is not claimed

• Page 74, Line 9within ten days after the posting of an estray notice, it shall be sold by the

• Page 74, Line 10state board of stock inspection commissioners, through an authorized

• Page 74, Line 11brand inspector of the board, in such manner as the board may direct. It

• Page 74, Line 12is the duty of The brand inspector making such the sale to shall give a

• Page 74, Line 13bill of sale to the purchaser from the state board of stock inspection

• Page 74, Line 14commissioners, signed by himself the brand inspector as inspector for

• Page 74, Line 15the board, which bill of sale shall be is legal evidence of the ownership

• Page 74, Line 16of said the animal by the purchaser thereof and shall be is a legal and valid title to said the animal.

• Page 74, Line 17SECTION 124.  In Colorado Revised Statutes, amend 35-44-107 as follows:

• Page 74, Line 1835-44-107.  Custody of estray - claimant. When any a person

• Page 74, Line 19takes into his the person's custody any an estray animal and sends a

• Page 74, Line 20description of the same to the state board of stock inspection

• Page 74, Line 21commissioners, said the person shall be entitled to may hold same the

• Page 74, Line 22estray animal lawfully until relieved of its custody by the state board

• Page 74, Line 23of stock inspection commissioners. Should If a claimant for said the

• Page 75, Line 1estray animal apply applies to the person who has custody of the estray

• Page 75, Line 2animal for possession of the same, the said person shall at once notify

• Page 75, Line 3the state board of stock inspection commissioners in writing of such

• Page 75, Line 4application, and, should if the said board be is satisfied that said the

• Page 75, Line 5applicant is the rightful owner, it shall forthwith issue an order

• Page 75, Line 6authorizing said the person in with custody to deliver the estray to the

• Page 75, Line 7owner, who may be required to pay any reasonable charges made by said

• Page 75, Line 8the person in with custody. In case of a controversy as to what

• Page 75, Line 9constitutes a reasonable charge, the state board of stock inspection

• Page 75, Line 10commissioners shall fix the amount. The time of service for which said

• Page 75, Line 11the person may claim remuneration commences upon the date of

• Page 75, Line 12notification made by the said person to the state board of stock inspection commissioners.

• Page 75, Line 13SECTION 125.  In Colorado Revised Statutes, amend 35-44-111 as follows:

• Page 75, Line 1435-44-111.  Concealing estray - penalty.Any A person who

• Page 75, Line 15conceals any an estray found or taken into his or her the person's

• Page 75, Line 16custody, or effaces or changes any a mark or brand thereon on an

• Page 75, Line 17estray, or carries the same an estray beyond the limits of the county

• Page 75, Line 18where found, or knowingly permits the same the concealment,

• Page 75, Line 19effacing, or changing of a mark or brand on an estray animal to

• Page 75, Line 20be done, or neglects to notify or give information of estrays an estray

• Page 75, Line 21to the state board of stock inspection commissioners is guilty of a class 6

• Page 75, Line 22felony and, upon conviction thereof, shall be punished as provided in section 18-1.3-401. C.R.S.

• Page 75, Line 23SECTION 126.  In Colorado Revised Statutes, 35-45-103, amend

• Page 75, Line 24(1) as follows:

• Page 76, Line 135-45-103.  District court has jurisdiction. (1)  Whenever a

• Page 76, Line 2dispute arises as to which respective class of livestock has the better right

• Page 76, Line 3to graze upon any a particular portion of said the public domain, the

• Page 76, Line 4district court of the county wherein such in which some or all of the

• Page 76, Line 5disputed area or some part thereof lies has jurisdiction to determine the

• Page 76, Line 6matters in an action in equity for an injunction to be brought by any a

• Page 76, Line 7person claiming such better right and against any a person violating or

• Page 76, Line 8threatening to violate any such alleged better right. In all actions brought

• Page 76, Line 9under the terms of this article article 45, service of process may be

• Page 76, Line 10made in person or by publication, as provided by and shall be

• Page 76, Line 11conducted in accordance with rule 4 of the Colorado rules of civil

• Page 76, Line 12procedure. and the procedure shall be as provided by these rules. The

• Page 76, Line 13plaintiff may proceed against all unknown defendants the same as in an

• Page 76, Line 14action in rem and may have said disputed area established either as a

• Page 76, Line 15cattle or sheep range, as the case may be. In such action, if any a

• Page 76, Line 16defendant disclaims or suffers a decree against him the defendant by

• Page 76, Line 17default, no costs shall not be taxed against him the defendant. The

• Page 76, Line 18court may in its discretion grant a temporary restraining order or a temporary injunction as in ordinary cases of suits for injunctions.

• Page 76, Line 19SECTION 127.  In Colorado Revised Statutes, 35-45-109, amend (1) as follows:

• Page 76, Line 2035-45-109.  Range improvement fund - board of district

• Page 76, Line 21advisers. (1)  All moneys money paid to the counties shall be deposited

• Page 76, Line 22with the county treasurer in a special fund to be known as the range

• Page 76, Line 23improvement fund of district no. __. The county treasurer of any a county

• Page 76, Line 24in which a district is located shall be is the ex officio district treasurer and

• Page 76, Line 25custodian of moneys money received and shall be liable upon his the

• Page 77, Line 1county treasurer's official bond for all moneys money deposited in

• Page 77, Line 2said the range improvement fund. The county treasurer, as ex officio

• Page 77, Line 3district treasurer, shall pay out such money in said the range

• Page 77, Line 4improvement fund upon the warrant of the chairman or vice-chairman

• Page 77, Line 5chair or vice-chair of the district grazing advisory board or a board of

• Page 77, Line 6district advisers established pursuant to subsection (2) of this section and

• Page 77, Line 7after consultation with the district manager of the grazing district in

• Page 77, Line 8which county the moneys were money was deposited. Said The district

• Page 77, Line 9grazing advisory boards are established pursuant to Public Law 94-579

• Page 77, Line 10(43 U.S.C. sec. 1753) or its successor, as may be established by the

• Page 77, Line 11secretary of the interior pursuant to the "Federal Advisory Committee Act", Public Law 92-463 (86 Stat. 770; Title 5, App.).

• Page 77, Line 12SECTION 128.  In Colorado Revised Statutes, 35-46-102, amend (2) as follows:

• Page 77, Line 1335-46-102.  Owner may recover for trespass. (2)  Whenever any

• Page 77, Line 14a person stocks land, not enclosed by a lawful fence, on which such the

• Page 77, Line 15person has a lawful right to pasture or forage livestock, with a greater

• Page 77, Line 16number of livestock than such the land can properly support or water and

• Page 77, Line 17any of such the livestock pasture, forage, or water on the lands of another

• Page 77, Line 18person, in order to obtain the proper amount of pasture, forage, or water

• Page 77, Line 19or whenever any a person stocks with livestock land on which such the

• Page 77, Line 20person has no lawful right to pasture or forage livestock and such the

• Page 77, Line 21livestock pasture, forage, or water on such land or on other land on which

• Page 77, Line 22such the person has no right to pasture or forage livestock, he the

• Page 77, Line 23person shall be deemed a trespasser and shall be liable in damages and subject to injunction.

• Page 77, Line 24SECTION 129.  In Colorado Revised Statutes, amend 35-46-103 as follows:

• Page 78, Line 135-46-103.  Board of arbitration. When any a person is

• Page 78, Line 2trespassed upon or damaged by any livestock or takes into his the

• Page 78, Line 3person's custody any livestock under section 35-46-102, the claim for

• Page 78, Line 4damages occasioned by said the livestock may be arbitrated by a board

• Page 78, Line 5of three arbitrators, at the option of the party aggrieved selecting one, the

• Page 78, Line 6owner of the livestock selecting a second, and the two thus chosen

• Page 78, Line 7selecting a third. Said The chosen arbitrators so chosen shall meet and

• Page 78, Line 8act as a board of arbitration within five days after a written application

• Page 78, Line 9for arbitration is made therefor by either party and written notice

• Page 78, Line 10given to the other party. It is the duty of The person so taking into custody

• Page 78, Line 11such that takes the livestock to into custody shall notify in writing

• Page 78, Line 12within five days after the taking the livestock into custody thereof the

• Page 78, Line 13owner or person in charge of such the livestock. If the owner or person

• Page 78, Line 14in charge of such the livestock is not known to the person taking the

• Page 78, Line 15livestock into custody or cannot be found after diligent search and

• Page 78, Line 16inquiry, then the person so taking custody of such the livestock shall

• Page 78, Line 17publish within one week a notice containing a full description of such the

• Page 78, Line 18livestock, including all marks and brands as nearly as can be ascertained,

• Page 78, Line 19in a paper newspaper published nearest the place where the alleged

• Page 78, Line 20damage occurred. In the event the owner of such the livestock cannot be

• Page 78, Line 21found within ten days after the date of the publication of such the notice,

• Page 78, Line 22the livestock shall be is an estray and the state board of stock inspection

• Page 78, Line 23commissioners shall be is entitled to said the livestock subject to the lien

• Page 78, Line 24for damage sustained and cost and care and feeding of the same by the

• Page 78, Line 25person taking such the livestock into custody. Such person shall deliver

• Page 78, Line 26the same livestock to the owner thereof of the livestock whenever

• Page 79, Line 1such owner furnishes the person so damaged by such the livestock a

• Page 79, Line 2bond in an amount that is double the amount of the damage claimed,

• Page 79, Line 3executed by two responsible persons, said bond to be satisfactory to such

• Page 79, Line 4the damaged party or approved by a county judge or district judge of

• Page 79, Line 5such the county, and conditioned upon the payment to the person taking

• Page 79, Line 6custody of such the livestock all damages and costs, if any such damages or costs are awarded.

• Page 79, Line 7SECTION 130.  In Colorado Revised Statutes, amend 35-46-104 as follows:

• Page 79, Line 835-46-104.  Finding of board - enforcement. The finding of said

• Page 79, Line 9the board of arbitration, when reduced to writing and signed by a

• Page 79, Line 10majority of the members thereof of the board, constitutes an obligation

• Page 79, Line 11on the part of the person against whom the finding is made to pay to the

• Page 79, Line 12aggrieved party the sum set forth in the finding of said the board of

• Page 79, Line 13arbitration. In the event the person against whom the finding of such the

• Page 79, Line 14board of arbitration is made fails, neglects, or refuses to pay to the

• Page 79, Line 15aggrieved party the sum set forth in the finding of said the board of

• Page 79, Line 16arbitration within thirty days from after the date of the written findings

• Page 79, Line 17of such the board, then the finding of said the board of arbitration may

• Page 79, Line 18be filed in any a court of record within the jurisdiction where the damage

• Page 79, Line 19was sustained. The finding of such the board so filed shall be deemed for

• Page 79, Line 20the purposes of sections 35-46-101 to 35-46-110 a judgment of said the

• Page 79, Line 21court and execution may issue thereon on the judgment as by law

• Page 79, Line 22provided in judgments of said the court. The costs agreed upon to be

• Page 79, Line 23incurred in said the arbitration shall follow the findings as in suits at

• Page 79, Line 24court. If the owner of any livestock makes a tender in money of all

• Page 79, Line 25damages to the person claiming damages, the person claiming damages

• Page 80, Line 1shall pay all costs and expenses thereafter accruing unless he the person

• Page 80, Line 2is awarded a larger amount than was tendered by the owner of such livestock.

• Page 80, Line 3SECTION 131.  In Colorado Revised Statutes, amend 35-46-106 as follows:

• Page 80, Line 435-46-106.  Care of stock taken into custody.It is the duty of

• Page 80, Line 5Any A person who takes any animals an animal into custody under the

• Page 80, Line 6provisions of this article to article 46 shall feed and care for such

• Page 80, Line 7animals the animal in a reasonable, careful, and prudent manner and

• Page 80, Line 8keep the same animal in as good order and condition as when so taken

• Page 80, Line 9into custody, by the said party, and he shall be the person is liable for

• Page 80, Line 10any damage occasioned by his the person's failure to do so. For such

• Page 80, Line 11feed and care such the party shall be entitled to may recover from the

• Page 80, Line 12owner of such animals the animal a reasonable compensation, to be recovered as provided for the recovery of damages sustained.

• Page 80, Line 13SECTION 132.  In Colorado Revised Statutes, amend 35-46-113 as follows:

• Page 80, Line 1435-46-113.  Cost and repair - how recovered. Partition fences

• Page 80, Line 15between agricultural and grazing land shall be erected and also kept in

• Page 80, Line 16repair at the joint cost of the owners of the respective adjoining tracts,

• Page 80, Line 17except as otherwise agreed by such owners. If, after thirty days' written

• Page 80, Line 18notice, served personally or by registered mail by either the owner or

• Page 80, Line 19tenant of one tract upon the owner or tenant of the other tract, such other

• Page 80, Line 20owner neglects or refuses to erect or repair one-half of the partition fence,

• Page 80, Line 21the person giving notice may proceed to erect or repair the entire partition

• Page 80, Line 22fence and collect by a civil action at law one-half the entire cost thereof

• Page 80, Line 23of erecting or repairing the partition fence from the other owner.

• Page 81, Line 1Any A judgment obtained against the owner of any land for the value of

• Page 81, Line 2his the owner's share of any such partition fence or the repair thereof

• Page 81, Line 3shall be of the partition fence is a lien upon such the owner's land to

• Page 81, Line 4which such the fence is appurtenant, and a special execution may issue

• Page 81, Line 5and be levied upon the land to which such the fence is appurtenant, as in

• Page 81, Line 6the manner now prescribed for the levying of an execution under the

• Page 81, Line 7foreclosure of a mortgage upon real property. Such The land may be sold

• Page 81, Line 8under sheriff's sale for the purpose of satisfying such the special

• Page 81, Line 9execution in the same manner as is now provided for the foreclosure of mortgages on real property.

• Page 81, Line 10SECTION 133.  In Colorado Revised Statutes, amend 35-47-102 as follows:

• Page 81, Line 1135-47-102.  Duty of custodian - fees - recovery. Where said

• Page 81, Line 12animals are in violation of section 35-47-101, it is the duty of every a

• Page 81, Line 13sheriff or other peace officer of the county, on complaint of any person,

• Page 81, Line 14to shall take custody of such animals the animal and place them it on

• Page 81, Line 15feed and water. He The sheriff or other peace officer may appoint

• Page 81, Line 16a custodian for such purpose and pay such the custodian a fee of four

• Page 81, Line 17dollars per day to be assessed as costs, and the owner or agent may give

• Page 81, Line 18the sheriff or other peace officer a redelivery bond in sufficient sum for

• Page 81, Line 19repossession of his the owner's or agent's stock, pending a court

• Page 81, Line 20action. In cases where the owner or agent is known and has been

• Page 81, Line 21convicted in court, the sheriff or other officer may dispose of such

• Page 81, Line 22animals or sufficient numbers of them to pay for the fine and reasonable

• Page 81, Line 23costs of feeding and other expenses in connection therewith with the

• Page 81, Line 24animals, after giving ten days' notice by posting three notices in public

• Page 81, Line 25and conspicuous places. In cases where the owner of such animals is

• Page 82, Line 1unknown, the animals shall be taken up and disposed of by the state board

• Page 82, Line 2of stock inspection commissioners or one of its duly authorized representatives, the same as other estrays as provided for by law.

• Page 82, Line 3SECTION 134.  In Colorado Revised Statutes, 35-48-103, amend (2) as follows:

• Page 82, Line 435-48-103.  Inferior bulls or rams - penalty. (2)  Any A person

• Page 82, Line 5permitting cows of which he the person is the owner or agent of the

• Page 82, Line 6owner to run at large upon the public ranges of this state shall furnish

• Page 82, Line 7during breeding season at least one registered purebred bull of one of the

• Page 82, Line 8recognized beef breeds, not less than eighteen months of age, for every

• Page 82, Line 9twenty-five head of cows or fraction thereof over ten head so permitted

• Page 82, Line 10to run at large in this state. No An owner or agent of the owner shall not

• Page 82, Line 11permit any a jersey, holstein, guernsey, ayrshire, or other bull that is not

• Page 82, Line 12registered or eligible for registration as one of the recognized beef breeds

• Page 82, Line 13to run at large in this state under any pretense whatever, and, should any

• Page 82, Line 14such bull break through any enclosure surrounded by a lawful fence, the

• Page 82, Line 15owner of such the animal shall be is liable for all damages occasioned by such trespass.

• Page 82, Line 16SECTION 135.  In Colorado Revised Statutes, 35-50-103, amend the introductory portion and (12) as follows:

• Page 82, Line 1735-50-103.  Definitions. As used in this article article 50, unless the context otherwise requires:

• Page 82, Line 18(12)  "State veterinarian" means the state veterinarian of the

• Page 82, Line 19Colorado department of agriculture or his or her the state veterinarian's authorized representative.

• Page 82, Line 20SECTION 136.  In Colorado Revised Statutes, 35-50-109, amend

• Page 82, Line 21(10) as follows:

• Page 83, Line 135-50-109.  Inspection and testing. (10)  Whenever in the opinion

• Page 83, Line 2of the state veterinarian there exists within this state a livestock disease

• Page 83, Line 3that he or she the state veterinarian is unable to diagnose or identify,

• Page 83, Line 4the commissioner may call upon the veterinary department of Colorado

• Page 83, Line 5state university to cause scientific investigation to be made to determine

• Page 83, Line 6the exact character of such the disease. Colorado state university may

• Page 83, Line 7charge the actual and necessary direct expense of laboratory and diagnostic procedures connected therewith with the investigation.

• Page 83, Line 8SECTION 137.  In Colorado Revised Statutes, amend 35-52-114 as follows:

• Page 83, Line 935-52-114.  Permit to be obtained. Prior to the feeding of garbage

• Page 83, Line 10to any swine located in the state of Colorado, the owner or feeder, as the

• Page 83, Line 11case may be, shall first obtain a permit from the state agricultural

• Page 83, Line 12commission. The applicant for a garbage feeding permit shall certify in

• Page 83, Line 13the application that he the applicant has facilities for cooking garbage

• Page 83, Line 14in one or more of the methods described in section 35-52-113 (2). The

• Page 83, Line 15state agricultural commission must shall, within a reasonable time,

• Page 83, Line 16ascertain that such facilities are as represented and, if the requirements of section 35-52-113 can be fulfilled, issue a permit to the applicant.

• Page 83, Line 17SECTION 138.  In Colorado Revised Statutes, amend 35-53-102 as follows:

• Page 83, Line 1835-53-102.  Duties of brand inspector.It is the duty of The brand

• Page 83, Line 19inspector, who shall be notified as provided in section 35-53-105 or shall

• Page 83, Line 20be selected by the board of stock inspection commissioners, to shall

• Page 83, Line 21inspect the brands and earmarks of any cattle, horses, or mules to be

• Page 83, Line 22transported by rail, truck, or other conveyance from any point within this

• Page 83, Line 23state to any point within or without the state or to be driven out of the

• Page 84, Line 1state and to shall make a report to the state board of stock inspection

• Page 84, Line 2commissioners of the result of the inspection, which he the brand

• Page 84, Line 3inspector shall certify to as correct, of the result of such inspection at

• Page 84, Line 4least once every thirty days or oftener more often if in the opinion of the

• Page 84, Line 5board of stock inspection commissioners it is necessary to do so. It is also

• Page 84, Line 6the duty of said The brand inspector to shall also furnish to any person,

• Page 84, Line 7firm, association, or corporation, or to any agents, servants, or employees

• Page 84, Line 8thereof of any person, firm, association, or corporation, having

• Page 84, Line 9cattle, horses, or mules destined to be so shipped or driven, a certificate

• Page 84, Line 10to the effect that he the brand inspector has duly inspected the brands

• Page 84, Line 11and earmarks of any such the cattle, horses, or mules enumerated and designated in the notice furnished such to the brand inspector.

• Page 84, Line 12SECTION 139.  In Colorado Revised Statutes, 35-53-111, amend (1) as follows:

• Page 84, Line 1335-53-111.  Sanitary rules as to movement of livestock -

• Page 84, Line 14quarantine - fees - penalty. (1)  The state agricultural commission may

• Page 84, Line 15make and adopt such quarantine and sanitary regulations affecting the

• Page 84, Line 16movement of livestock into and out of the state of Colorado and within

• Page 84, Line 17the borders of said the state as may from time to time be necessary to

• Page 84, Line 18prevent the introduction into the state or the spread within the state of any

• Page 84, Line 19contagious or infectious disease, and the expense of such quarantine

• Page 84, Line 20measures and the carrying out of such regulations shall be made by the

• Page 84, Line 21imposition of a fee of three cents per head on all cattle and horses and one

• Page 84, Line 22and one-half cents per head on all sheep entering the state of Colorado

• Page 84, Line 23from any quarantine or infected territory. Whenever the state agricultural

• Page 84, Line 24commission knows or has good reason to believe that any a contagious

• Page 84, Line 25or infectious disease exists in any a locality in any other state, territory,

• Page 85, Line 1or country or that there are conditions which that render domestic

• Page 85, Line 2animals from such an infected district liable to bring such disease into

• Page 85, Line 3this the state, it the commission may report the same to the governor of

• Page 85, Line 4the state of Colorado whereupon, by proclamation, he the governor

• Page 85, Line 5shall prohibit the importation of any such livestock into this state, unless

• Page 85, Line 6accompanied by a certificate of health given by the state veterinarian or

• Page 85, Line 7sanitary inspectors appointed by the state agricultural commission, which

• Page 85, Line 8veterinarian or sanitary inspectors shall carefully examine all such livestock previous to the giving of such certificate.

• Page 85, Line 9SECTION 140.  In Colorado Revised Statutes, 35-52-113, amend (1) as follows:

• Page 85, Line 1035-52-113.  Garbage cooking. (1)  It is unlawful for any person,

• Page 85, Line 11firm, partnership, or corporation, including eleemosynary charitable

• Page 85, Line 12institutions, to feed garbage to animals unless such the garbage has been

• Page 85, Line 13heated throughout to boiling or equivalent temperature for thirty minutes

• Page 85, Line 14or heated according to a method specifically promulgated adopted by the

• Page 85, Line 15state agricultural commission; but except that this requirement shall

• Page 85, Line 16does not apply to an individual who feeds to his the individual's own animals only the garbage obtained from his the individual's household.

• Page 85, Line 17SECTION 141.  In Colorado Revised Statutes, 35-53-115, amend (1) as follows:

• Page 85, Line 1835-53-115.  Inspection and transportation of hides - fee -

• Page 85, Line 19records. (1)  It is unlawful for any person, firm, corporation, railroad

• Page 85, Line 20company, or other common carrier to transport or cause to be transported

• Page 85, Line 21within this state or beyond the limits of this state any hides that have not

• Page 85, Line 22been inspected and tagged by a duly authorized brand inspector of the

• Page 85, Line 23state board of stock inspection commissioners for the district in which

• Page 86, Line 1such the hides are shipped. A certificate of inspection as provided for in

• Page 86, Line 2section 35-53-102 shall must accompany all shipments and shall be

• Page 86, Line 3exhibited by the carrier or his or her the carrier's agent at any time

• Page 86, Line 4upon demand of any inspector or peace officer. For each hide thus

• Page 86, Line 5inspected there shall be paid by the owner or holder thereof a fee in the

• Page 86, Line 6amount prescribed by the board, pursuant to section 35-41-104, to the

• Page 86, Line 7inspector before he or she the inspector issues the hide inspection certificate authorizing the transportation of such hides.

• Page 86, Line 8SECTION 142.  In Colorado Revised Statutes, amend 35-53-116 as follows:

• Page 86, Line 935-53-116.  Hides inspected - fee - seizure. (1)  In the event any

• Page 86, Line 10an authorized brand inspector is making an inspection of hides or the

• Page 86, Line 11inspection of any slaughtered carcasses, the hides from all such carcasses

• Page 86, Line 12shall be exhibited to the inspector at the time of the inspection, and if the

• Page 86, Line 13inspector is satisfied that the person, firm, or corporation is acting within

• Page 86, Line 14the law, the inspector, in addition to furnishing the certificate, shall tag or

• Page 86, Line 15mark the carcasses and hides in a manner to be designated by the state

• Page 86, Line 16board of stock inspection commissioners as evidence that the same have

• Page 86, Line 17been inspected. In any case where the inspector has reason to doubt the

• Page 86, Line 18ownership of any a carcass or of any a hide, he the inspector shall

• Page 86, Line 19refuse to write the hide inspection certificate and shall be authorized to

• Page 86, Line 20may seize any such hide or any such carcass of beef and hold the same

• Page 86, Line 21for proper proof of ownership and to dispose of the same as provided in sections 35-53-118 and 35-53-119.

• Page 86, Line 22(2)  In the event that any an authorized brand inspector is making

• Page 86, Line 23any an inspection of hides received at any a hide house, the owner or

• Page 86, Line 24person in charge of such the hide house shall exhibit any hides in his the

• Page 87, Line 1owner's or person's possession and shall show proof of ownership

• Page 87, Line 2evidenced by proper bill of sale showing the brand, if any, on the hide or

• Page 87, Line 3by a brand inspection certificate issued by a brand inspector in the district

• Page 87, Line 4at the point of origin of the hide. The inspector is authorized to may seize

• Page 87, Line 5and impound any hides in the possession of any hide house that are not

• Page 87, Line 6properly cleared for ownership by a valid bill of sale or brand inspection

• Page 87, Line 7certificate and to dispose of the same as provided by law for the disposal of estrays.

• Page 87, Line 8SECTION 143.  In Colorado Revised Statutes, amend 35-53-117 as follows:

• Page 87, Line 935-53-117.  Officer may inspect vehicle.Any A duly authorized

• Page 87, Line 10inspector, sheriff, deputy sheriff, or peace officer is authorized to may

• Page 87, Line 11stop and inspect any a motor or other vehicle transporting or containing

• Page 87, Line 12livestock, or the carcasses thereof of livestock, and demand from the

• Page 87, Line 13person operating said the motor or other vehicle the exhibition of a bill

• Page 87, Line 14of sale, permit, or certificate. If any a person who transports or who has

• Page 87, Line 15in possession said possesses livestock, or the carcasses thereof of

• Page 87, Line 16livestock, is unable to exhibit to such an inspector or peace officer said

• Page 87, Line 17a bill of sale, permit, or certificate, said the inspector or peace officer is

• Page 87, Line 18empowered to may arrest, with or without warrant, any such the person,

• Page 87, Line 19operating said motor or other vehicle, to take possession of the same

• Page 87, Line 20motor vehicle or other vehicle and the livestock or carcasses,

• Page 87, Line 21therein, and to retain such possession until the person operating such the

• Page 87, Line 22motor vehicle or other vehicle can produce satisfactory evidence that he

• Page 87, Line 23the person, or the person, firm, or corporation for whom the same is

• Page 87, Line 24livestock or carcasses are being transported, is the lawful owner

• Page 87, Line 25thereof of the livestock or carcasses or until such the livestock or

• Page 88, Line 1the carcasses thereof, are disposed of as provided in sections 35-53-118 and 35-53-119.

• Page 88, Line 2SECTION 144.  In Colorado Revised Statutes, amend 35-53-118 as follows:

• Page 88, Line 335-53-118.  Officer may sell carcasses. If said an inspector or

• Page 88, Line 4peace officer deems it necessary to sell said any carcasses so taken to

• Page 88, Line 5prevent the loss of same the carcasses by spoiling, he is authorized to

• Page 88, Line 6the inspector or peace officer may do so, retaining the sale price

• Page 88, Line 7thereof of the carcasses in his the inspector's or peace officer's possession to be disposed of as provided in section 35-53-119.

• Page 88, Line 8SECTION 145.  In Colorado Revised Statutes, amend 35-53-122 as follows:

• Page 88, Line 935-53-122.  Duty to exhibit permit.Any A driver or other person

• Page 88, Line 10in charge or control of any a truck, automobile, or other vehicle so

• Page 88, Line 11transporting or carrying live sheep, swine, goats, horses, mules, or

• Page 88, Line 12domestic fowl, or the carcasses thereof of such animals, upon demand

• Page 88, Line 13of any peace officer of the state, of Colorado, shall exhibit to such the

• Page 88, Line 14peace officer his the driver's or other person's permit to carry said

• Page 88, Line 15the livestock, or domestic fowl, or the carcasses thereof, or, in lieu of

• Page 88, Line 16exhibiting such a permit, upon demand of such peace officer, shall make

• Page 88, Line 17a written statement which shall contain that contains the same information as is specified in section 35-53-121.

• Page 88, Line 18SECTION 146.  In Colorado Revised Statutes, amend 35-53-126 as follows:

• Page 88, Line 1935-53-126.  Inspection at market - penalty. All cattle that are

• Page 88, Line 20subject to inspection in the state by virtue of any law or regulation, on

• Page 88, Line 21arrival at any market, shall be inspected by a duly authorized brand

• Page 89, Line 1inspector, regardless of whether or not they have been previously

• Page 89, Line 2inspected at the point of origin, before they are taken to the scales for

• Page 89, Line 3weighing or are weighed at such the market unless such the cattle are

• Page 89, Line 4released by an authorized brand inspector. Any A person, whether acting

• Page 89, Line 5in his or her on the person's own behalf or as an agent, servant, officer,

• Page 89, Line 6or employee of any a person, firm, corporation, or association, who violates any provisions of this section commits a civil infraction.

• Page 89, Line 7SECTION 147.  In Colorado Revised Statutes, 35-53-128, amend (1) as follows:

• Page 89, Line 835-53-128.  Brand inspectors - powers of arrest. (1)  In addition

• Page 89, Line 9to his any other duties, a duly appointed brand inspector is authorized to

• Page 89, Line 10may ride the ranges, pastures, and other localities within the state to protect the livestock industry of the state from depredations and theft.

• Page 89, Line 11SECTION 148.  In Colorado Revised Statutes, amend 35-53-132 as follows:

• Page 89, Line 1235-53-132.  Failure to give notice - penalty.Any An owner or

• Page 89, Line 13foreman foreperson who segregates, forms flocks of, transports, or

• Page 89, Line 14drives any sheep from authorized inspection districts without giving due

• Page 89, Line 15notice to an authorized inspector as required by section 35-53-131 (3) commits a petty offense.

• Page 89, Line 16SECTION 149.  In Colorado Revised Statutes, 35-53.5-108, amend (2) as follows:

• Page 89, Line 1735-53.5-108.  Movement of cattle from certified feedlots -

• Page 89, Line 18notice - inspection. (2)  All certified feedlots shall notify the local brand

• Page 89, Line 19inspector of all anticipated shipments going directly to slaughter, giving

• Page 89, Line 20the inspector ample notice to inspect or audit the shipment at his or her

• Page 89, Line 21the inspector's discretion during daylight hours.

• Page 90, Line 1SECTION 150.  In Colorado Revised Statutes, 35-53.5-110, amend (3)(a) as follows:

• Page 90, Line 235-53.5-110.  Audits - inspections - complaints. (3) (a)  Any A

• Page 90, Line 3person having reasonable suspicion of a potential violation may request,

• Page 90, Line 4directly to the brand commissioner or his or her the brand

• Page 90, Line 5commissioner's designated agent, an inspection or audit of a specific

• Page 90, Line 6certified feedlot or pen therein. Such in the feedlot. The request may

• Page 90, Line 7be granted or denied based upon rules of the board governing such

• Page 90, Line 8inspection or audit. The person requesting such the audit shall be is

• Page 90, Line 9responsible for paying the board's fees and costs incurred in conducting

• Page 90, Line 10the inspection or audit; except that, if any violations are proven as a result

• Page 90, Line 11of the inspection or audit, such the person shall be reimbursed from the penalties assessed pursuant to section 35-53.5-113.

• Page 90, Line 12SECTION 151.  In Colorado Revised Statutes, 35-54-103, amend (2) as follows:

• Page 90, Line 1335-54-103.  Requirements of bill of sale. (2)  Both the seller and

• Page 90, Line 14the buyer shall sign the bill of sale, giving the post-office mailing

• Page 90, Line 15address of each, in the presence of a witness who also signs with his the

• Page 90, Line 16witness's name and address and who is a legal resident of the county

• Page 90, Line 17where the transfer of the described livestock takes place. The bill of sale shall be dated the day of the transaction.

• Page 90, Line 18SECTION 152.  In Colorado Revised Statutes, amend 35-54-104 as follows:

• Page 90, Line 1935-54-104.  Purchaser must show bill of sale.It is the duty of any

• Page 90, Line 20A person who purchases or receives, or has in his the person's

• Page 90, Line 21possession, any such livestock, either for himself the person or for

• Page 90, Line 22another, to shall exhibit, on at the reasonable request to of any other

• Page 91, Line 1person, inquiring therefor, the bill of sale of such livestock if it is in his

• Page 91, Line 2the person's power to do so, and or, if it is not in his the person's

• Page 91, Line 3power to do so, to the person shall state and give the reason therefor.

• Page 91, Line 4Any why. A person violating or failing to comply with the provisions of

• Page 91, Line 5this section shall be deemed guilty and liable to punishment as provided in section 35-54-102.

• Page 91, Line 6SECTION 153.  In Colorado Revised Statutes, 35-54-105, amend (1) as follows:

• Page 91, Line 735-54-105.  Selling without bill of sale - theft. (1)  Any A person

• Page 91, Line 8who sells or offers for sale or trades any livestock upon which such the

• Page 91, Line 9person has not his the person's recorded mark or brand, or for which the

• Page 91, Line 10person so offering has neither bill of sale nor power of attorney from the

• Page 91, Line 11owner of such the livestock authorizing such the sale, is guilty of theft,

• Page 91, Line 12unless such the person upon trial shall establish and prove establishes

• Page 91, Line 13that he the person was at the time the actual owner of the livestock so

• Page 91, Line 14sold or traded, or offered for sale or trade, or that he the person acted by at the direction of one proven to be the actual owner of such livestock.

• Page 91, Line 15SECTION 154.  In Colorado Revised Statutes, 35-55-107, amend (1) introductory portion and (1)(c) as follows:

• Page 91, Line 1635-55-107.  Discipline of licensees - revocation, suspension,

• Page 91, Line 17probation - letter of admonition. (1)  Any A violation of the provisions

• Page 91, Line 18of this article 55 or of any a rule adopted and published by the state board

• Page 91, Line 19of stock inspection commissioners is deemed sufficient cause for the state

• Page 91, Line 20board of stock inspection commissioners to revoke or suspend the license

• Page 91, Line 21of the offending operator of the public livestock market or to place on

• Page 91, Line 22probation the licensee, and the following are specific grounds for the

• Page 91, Line 23imposition of any of the disciplinary actions specified in this introductory portion:

• Page 92, Line 1(c)  If the state board of stock inspection commissioners finds the

• Page 92, Line 2licensee guilty of buying, receiving, or offering for sale any livestock

• Page 92, Line 3known by him the licensee to be diseased or to have been exposed to infectious or contagious disease;

• Page 92, Line 4SECTION 155.  In Colorado Revised Statutes, amend 35-55-111 as follows:

• Page 92, Line 535-55-111.  Records.Operators An operator of all a public

• Page 92, Line 6livestock markets market shall keep on file an accurate record of the

• Page 92, Line 7date on which a consignment of animals was received and sold, together

• Page 92, Line 8with including the name and address of the buyer and seller, the number

• Page 92, Line 9and species of the animals received and sold, and the marks and brands

• Page 92, Line 10on each animal. Said The operator shall make such records, together

• Page 92, Line 11with the including gross selling prices, commission, and other proper

• Page 92, Line 12care, handling, and sale charges on each consignment, shall be available

• Page 92, Line 13for inspection by the executive officer of the state board of stock

• Page 92, Line 14inspection commissioners, his the executive officer's deputy, or an

• Page 92, Line 15authorized inspector. All records of sales during preceding months shall be kept readily accessible for immediate examination.

• Page 92, Line 16SECTION 156.  In Colorado Revised Statutes, amend 35-55-114 as follows:

• Page 92, Line 1735-55-114.  Title. The operator of each public livestock market in

• Page 92, Line 18this the state shall warrant to the purchaser thereof of such a public

• Page 92, Line 19livestock market the title of all livestock sold through his the

• Page 92, Line 20operator's public livestock market and shall be is liable to the rightful

• Page 92, Line 21owner thereof of the public livestock market for the net proceeds in

• Page 92, Line 22cash received for such livestock so sold. It is the further duty of If such

• Page 93, Line 1an operator when is notified by the authorized brand inspector that there

• Page 93, Line 2is a question as to whether any designated livestock sold through said the

• Page 93, Line 3public livestock market is lawfully owned by the consignor thereof, to

• Page 93, Line 4of the public livestock market, the operator shall hold the

• Page 93, Line 5proceeds received from the sale of said the livestock for a reasonable

• Page 93, Line 6time, not to exceed thirty days, to permit the consignor to establish

• Page 93, Line 7ownership. and If, at the expiration of that time, the consignor fails to

• Page 93, Line 8establish his the consignor's lawful ownership of such the livestock,

• Page 93, Line 9said the operator shall release the proceeds shall be released by

• Page 93, Line 10such operator to the state board of stock inspection commissioners, which

• Page 93, Line 11board has authority to may dispose of said the proceeds in accordance

• Page 93, Line 12with Colorado's estray laws relating to the distribution of estray money,

• Page 93, Line 13and the board's receipt therefor shall relieve said of the proceeds

• Page 93, Line 14relieves the operator from further responsibility for said the proceeds.

• Page 93, Line 15Proof of ownership and an account of all sales of livestock shall be

• Page 93, Line 16transmitted by The authorized brand inspector shall transmit to the

• Page 93, Line 17state board of stock inspection commissioners proof of ownership and an account of all sales of livestock.

• Page 93, Line 18SECTION 157.  In Colorado Revised Statutes, amend 35-56-101 as follows:

• Page 93, Line 1935-56-101.  Stock register.Any A person licensed in this state to

• Page 93, Line 20keep an auction where horses, mules, or cattle are sold at auction shall

• Page 93, Line 21maintain a book, called a stock register, in which he the person shall describe minutely every animal he the person offers for sale.

• Page 93, Line 22SECTION 158.  In Colorado Revised Statutes, amend 35-56-102 as follows:

• Page 93, Line 2335-56-102.  Contents of register. In such a stock register shall

• Page 94, Line 1be recorded the person's name who brings forward such an animal for

• Page 94, Line 2sale, regardless of whether or not he the person is the owner of the

• Page 94, Line 3same animal, and, if the person is not the owner, the name of the

• Page 94, Line 4owner, with his the owner's residence; also, the color, brand or marks,

• Page 94, Line 5size, and age, as near as may be, of the animal so offered for sale shall be recorded.

• Page 94, Line 6SECTION 159.  In Colorado Revised Statutes, amend 35-56-103 as follows:

• Page 94, Line 735-56-103.  Registration fee. The keeper of such an auction shall

• Page 94, Line 8be entitled to may charge and receive for the registering of each animal

• Page 94, Line 9so entered in his the auction keeper's register, before he the auction

• Page 94, Line 10keeper offers the same animal for sale, the sum of twenty-five cents. All

• Page 94, Line 11stock registers shall be open for inspection and reference to by any person

• Page 94, Line 12who may wish wishes to examine the same them and shall be evidence in any court where the trial of the right of property may be had.

• Page 94, Line 13SECTION 160.  In Colorado Revised Statutes, 35-57.5-106, amend (1) introductory portion and (1)(d) as follows:

• Page 94, Line 1435-57.5-106.  Board - qualifications of members and alternates.

• Page 94, Line 15(1)  Each member and alternate of the board shall must have the

• Page 94, Line 16following qualifications, which shall qualifications must continue during such the person's term of office:

• Page 94, Line 17(d)  The person shall have has been actively engaged in the

• Page 94, Line 18raising, breeding, or growing of sheep for a period of at least three years

• Page 94, Line 19and shall derive derives a substantial proportion of his or her the person's income from that type of production or business.

• Page 94, Line 20SECTION 161.  In Colorado Revised Statutes, amend

• Page 94, Line 2135-57.5-112 as follows:

• Page 95, Line 135-57.5-112.  Meetings. The first board appointed shall meet as

• Page 95, Line 2soon as practicable for the purpose of organizing. It shall elect a chairman

• Page 95, Line 3chair from among its members and a secretary-treasurer who may or may

• Page 95, Line 4not be from among its members. It shall adopt a general statement of

• Page 95, Line 5policy for guidance and shall transact such other business as is necessary

• Page 95, Line 6to start the work of the board. Thereafter, the board shall meet regularly

• Page 95, Line 7once each every three months or at such other times as called by the

• Page 95, Line 8chairman chair. The chairman chair may call special meetings at any

• Page 95, Line 9time and shall call a special meeting when requested by three or more members of the board.

• Page 95, Line 10SECTION 162.  In Colorado Revised Statutes, 35-57.5-116, amend (3) as follows:

• Page 95, Line 1135-57.5-116.  License fee - expenditure of money. (3)  A

• Page 95, Line 12producer or feeder who, by virtue of his or her the producer's or

• Page 95, Line 13feeder's activities or circumstances, becomes a handler as defined in

• Page 95, Line 14section 35-57.5-103 (4) or who sells, ships, or otherwise disposes of

• Page 95, Line 15sheep to a person not subject to this article article 57.5 shall forthwith

• Page 95, Line 16remit to the authority an amount equal to the amount of fees that would otherwise have been payable under subsection (2) of this section.

• Page 95, Line 17SECTION 163.  In Colorado Revised Statutes, 35-57.5-119, amend (5) as follows:

• Page 95, Line 1835-57.5-119.  Refunds - fraudulent and false claims - penalty.

• Page 95, Line 19(5)  The A claim for refund shall be signed by the person who paid the

• Page 95, Line 20assessment. Any A person who files a fraudulent or false claim for

• Page 95, Line 21refund; or who, by any false pretenses, obtains or attempts to obtain a

• Page 95, Line 22refund not legally due him, to the person; or who signs a refund claim

• Page 95, Line 23in the name of and for another person commits theft, as defined in section 18-4-401, C.R.S., and shall be punished accordingly.

• Page 96, Line 1SECTION 164.  In Colorado Revised Statutes, 35-57.9-103, amend (5) introductory portion and (5)(a) as follows:

• Page 96, Line 235-57.9-103.  Authority of commissioner to deny access to

• Page 96, Line 3information - redaction - exceptions. (5)  Nothing in this article article 57.9 shall:

• Page 96, Line 4(a)  Preclude a person in interest from accessing his or her the person's own information;

• Page 96, Line 5SECTION 165.  In Colorado Revised Statutes, amend 35-57.9-104 as follows:

• Page 96, Line 635-57.9-104.  Restrictions on information in databases -

• Page 96, Line 7definition. (1)  Any A database created by the department that contains

• Page 96, Line 8specific operational details that constitute confidential commercial data

• Page 96, Line 9pursuant to section 24-72-204 C.R.S., shall not be merged or shared with

• Page 96, Line 10any state, federal, or foreign government, industry partner, or other

• Page 96, Line 11database that would modify the provisions with respect to how specific

• Page 96, Line 12operational details that constitute confidential commercial data may be

• Page 96, Line 13disseminated pursuant to section 35-57.9-103. Such data includes

• Page 96, Line 14ownership, numbers, locations, and movements of livestock; financial

• Page 96, Line 15information; the purchase and sale of livestock; account numbers or

• Page 96, Line 16unique identifiers issued by government or private entities; operational

• Page 96, Line 17protocols; and participation in an all-hazards security system; except that

• Page 96, Line 18data within any all-hazards security system may be shared for response to

• Page 96, Line 19or participation in any all-hazards event limited to the scope of each

• Page 96, Line 20individual all-hazards event and to the scope of only those agencies directly involved in the all-hazards event.

• Page 96, Line 21(2)  As used in this section, "all-hazards event" means the

• Page 97, Line 1occurrence of any a catastrophic event or incident that is either natural,

• Page 97, Line 2such as a blizzard, fire, flood, tornado, earthquake, or disease outbreak,

• Page 97, Line 3or man-made human-made and that could be of biological, chemical, radiological, nuclear, or explosive origin.

• Page 97, Line 4SECTION 166.  In Colorado Revised Statutes, 35-60-103, amend (1) as follows:

• Page 97, Line 535-60-103.  Commercial feed registration - rules. (1)  No A

• Page 97, Line 6person shall not manufacture commercial feed within the state, or allow

• Page 97, Line 7his or her the person's name to appear on the label of a commercial feed

• Page 97, Line 8as guarantor, without first registering with the department. Such

• Page 97, Line 9registration shall expire expires on the date specified by the commissioner by rule and may be renewed annually.

• Page 97, Line 10SECTION 167.  In Colorado Revised Statutes, 35-60-112, amend (1) and (3) as follows:

• Page 97, Line 1135-60-112.  Penalties. (1)  Any A person violating any of the

• Page 97, Line 12provisions of who violates this article article 60 or who impedes,

• Page 97, Line 13hinders, or otherwise prevents, or attempts to prevent, the commissioner

• Page 97, Line 14or the commissioner's duly authorized agent in the performance of his

• Page 97, Line 15or her the commissioner's or agent's duty in connection with this

• Page 97, Line 16article article 60 is guilty of a misdemeanor and, upon conviction

• Page 97, Line 17thereof, shall be fined not less than one hundred dollars nor more than

• Page 97, Line 18two hundred fifty dollars or, upon a subsequent conviction, not less than two hundred dollars nor more than five hundred dollars.

• Page 97, Line 19(3)  It shall be the duty of Each district attorney to whom any a

• Page 97, Line 20violation is reported to shall cause appropriate proceedings to be

• Page 97, Line 21instituted and prosecuted in a court of competent jurisdiction without

• Page 97, Line 22delay. Before the commissioner reports a violation for prosecution, the

• Page 98, Line 1commissioner shall allow an opportunity for the alleged violator to present his or her the alleged violator's view to the commissioner.

• Page 98, Line 2SECTION 168.  In Colorado Revised Statutes, amend 35-60-115 as follows:

• Page 98, Line 335-60-115.  Publications. The commissioner shall publish at least

• Page 98, Line 4annually, in such form as he or she the commissioner may deem proper

• Page 98, Line 5and in accordance with the provisions of section 24-1-136, C.R.S.,

• Page 98, Line 6information concerning the sales of commercial feeds, together with such

• Page 98, Line 7data on their production and use as the commissioner may consider

• Page 98, Line 8advisable, and a report of the results of the analyses of official samples

• Page 98, Line 9of commercial feeds sold within the state as compared with the analyses

• Page 98, Line 10on the label, but the information concerning production and use of commercial feeds shall must not disclose the operations of any person.

• Page 98, Line 11SECTION 169.  In Colorado Revised Statutes, 35-61-103, amend (1)(c) as follows:

• Page 98, Line 1235-61-103.  Industrial hemp advisory committee -

• Page 98, Line 13appointments - duties - coordination with commission. (1) (c)  Each

• Page 98, Line 14committee member holds office until his or her the member's term of

• Page 98, Line 15office expires or until a successor is duly appointed. If a vacancy occurs

• Page 98, Line 16on the board, the appointing authorities shall appoint a new member

• Page 98, Line 17meeting the qualifications of the member vacating the position to serve the remainder of the unexpired term of the member.

• Page 98, Line 18SECTION 170.  In Colorado Revised Statutes, 35-61-110, amend (6)(a) as follows:

• Page 98, Line 1935-61-110.  Record-keeping requirements. (6)  Nothing in this article 61:

• Page 98, Line 20(a)  Precludes a person in interest from accessing his or her the person's own information;

• Page 99, Line 1SECTION 171.  In Colorado Revised Statutes, 35-61-114, amend (1) as follows:

• Page 99, Line 235-61-114.  Inspections - investigations - access - subpoenas.

• Page 99, Line 3(1)  The commissioner, upon his or her the commissioner's own motion

• Page 99, Line 4or upon the complaint of any person, may make any investigations necessary to ensure compliance with this article 61.

• Page 99, Line 5SECTION 172.  In Colorado Revised Statutes, 35-65-401, amend (8.5) as follows:

• Page 99, Line 635-65-401.  Colorado state fair authority - creation - board -

• Page 99, Line 7powers and duties - repeal. (8.5)  All thirteen members of the board,

• Page 99, Line 8including the commissioner of agriculture or his or her the

• Page 99, Line 9commissioner's designee, shall be are voting members of the board.

• Page 99, Line 10The members of the board shall elect a chair, a vice-chair, and a secretary

• Page 99, Line 11from among the membership of the board. Board action shall require requires the affirmative vote of a majority of a quorum of the board.

• Page 99, Line 12SECTION 173.  In Colorado Revised Statutes, 35-70-103, amend (3)(a) as follows:

• Page 99, Line 1335-70-103.  State conservation board - composition - powers.

• Page 99, Line 14(3) (a)  Any vacancies occurring in the elective positions on the state

• Page 99, Line 15board shall be filled by the state board by the appointment of a person

• Page 99, Line 16who would be qualified to stand for election for the state board and who

• Page 99, Line 17is from the same area in which the vacancy occurred, and such the

• Page 99, Line 18appointee shall hold office until the expiration of the term of the office to which he the appointee was appointed.

• Page 99, Line 19SECTION 174.  In Colorado Revised Statutes, 35-70-107, amend

• Page 99, Line 20(3) and (4) as follows:

• Page 100, Line 135-70-107.  Board of supervisors - election - term. (3)  Members

• Page 100, Line 2of the board of supervisors shall be are entitled to travel expenses and

• Page 100, Line 3other expenses necessarily incurred in the discharge of their duties, such

• Page 100, Line 4reimbursement to be payable only from the income of the district. No A

• Page 100, Line 5supervisor shall be is not personally liable for the consequences of his

• Page 100, Line 6the supervisor's official acts. nor shall he A supervisor shall not

• Page 100, Line 7receive, by virtue of his the supervisor's office, any benefits from the

• Page 100, Line 8conduct of the affairs of the district other than the benefits any a landowner may be entitled to receive from the operation of the district.

• Page 100, Line 9(4)  If a vacancy occurs on the board of supervisors, the remaining

• Page 100, Line 10supervisors shall appoint a successor for the remainder of the term of the

• Page 100, Line 11seat vacated. In the event any a supervisor ceases to be a qualified voter

• Page 100, Line 12of and landowner in the district or the corporation which he that the

• Page 100, Line 13supervisor represents ceases to be an owner of lands within the district,

• Page 100, Line 14the supervisors shall thereupon declare a vacancy and proceed to appoint a successor.

• Page 100, Line 15SECTION 175.  In Colorado Revised Statutes, 35-70-110, amend (1) and (6) as follows:

• Page 100, Line 1635-70-110.  Appeals to state board. (1)  If The owner of any

• Page 100, Line 17lands within the district desires, he may appeal from any decision of the

• Page 100, Line 18supervisors to the state board. To establish such an appeal, he the owner

• Page 100, Line 19must submit his the owner's appeal in writing to the state board within

• Page 100, Line 20thirty days after the date of the action of the supervisors from to which

• Page 100, Line 21the appeal was taken is directed. The notice of appeal shall must state

• Page 100, Line 22the particular specific part of the decision of the supervisors from to

• Page 100, Line 23which an the appeal is being taken directed, if less than the entire

• Page 100, Line 24decision is being appealed, from, and shall must state in simple and

• Page 101, Line 1concise language the reasons why the owner considers the decision to be improper.

• Page 101, Line 2(6)  No action shall lie in any A court of law to shall not set

• Page 101, Line 3aside or alter the final decision of the state board unless the petitioner or

• Page 101, Line 4plaintiff therein alleges and shows to the court that the supervisors, in the

• Page 101, Line 5rules or decision complained of, were guilty of gross carelessness or

• Page 101, Line 6abuse of discretion. nor shall any A court shall not maintain an

• Page 101, Line 7action be maintained in such behalf to set aside or alter a final

• Page 101, Line 8decision of the state board unless the petitioner or plaintiff therein

• Page 101, Line 9alleges and shows to the court that he the petitioner or plaintiff has exhausted all rights of appeal provided in this section.

• Page 101, Line 10SECTION 176.  In Colorado Revised Statutes, 35-70-115, amend (1)(a), (3), and (7)(f) as follows:

• Page 101, Line 1135-70-115.  Additions and withdrawals. (1) (a)  If any an owner

• Page 101, Line 12of lands adjoining or in the immediate vicinity of the boundary of an

• Page 101, Line 13established conservation district desires to have his or her the owner's

• Page 101, Line 14lands included within the district, the owner may petition the supervisors

• Page 101, Line 15of the district, stating the legal description of the lands affected and the

• Page 101, Line 16reasons why it is desired to have such the lands included within the

• Page 101, Line 17district and shall accompany the petition with two maps showing the outer boundaries of the lands petitioned to be included within the district.

• Page 101, Line 18(3)  If a majority of the votes cast are against such inclusion

• Page 101, Line 19including the lands within the conservation district, the state

• Page 101, Line 20board shall record the fact in its minutes, and the election shall adjourn;

• Page 101, Line 21but except that, if a majority of the votes cast are in favor of such

• Page 101, Line 22inclusion, the state board shall note that fact in its minutes and shall

• Page 101, Line 23certify to the director of the division of local government in the

• Page 102, Line 1department of local affairs the fact that such additional lands have been

• Page 102, Line 2included within such district, and the director of said division shall issue

• Page 102, Line 3his a certificate describing the legal boundaries of the lands and stating that such the land has been added to and included within the district.

• Page 102, Line 4(7)  In the event that any lands included within a district cease to

• Page 102, Line 5be used for agricultural purposes and are thereafter devoted exclusively

• Page 102, Line 6to commercial or industrial uses or other uses related to urban

• Page 102, Line 7development, or are subdivided for residential purposes, or become a part

• Page 102, Line 8of the area included within an incorporated municipality, such lands may be withdrawn from a conservation district as follows:

• Page 102, Line 9(f)  Said The notice described in subsection (7)(e) of this

• Page 102, Line 10section shall be published in one issue of a newspaper of general

• Page 102, Line 11circulation published within the district from which such the lands are to

• Page 102, Line 12be withdrawn, and, if there is no such newspaper within said the district,

• Page 102, Line 13one publication in a newspaper of general circulation throughout the state

• Page 102, Line 14shall be sufficient. Said The notice shall also be posted in a conspicuous

• Page 102, Line 15place in the conservation district office of the district from which such

• Page 102, Line 16lands are to be withdrawn. The written notice or, if notice is given by

• Page 102, Line 17publication, Both the publication and the posted notice shall state the

• Page 102, Line 18reasons for the withdrawal and the date on which the withdrawal becomes

• Page 102, Line 19final and shall describe the lands to be withdrawn with such certainty as

• Page 102, Line 20to enable a property owner to determine whether his or her the property owner's property is included in such lands.

• Page 102, Line 21SECTION 177.  In Colorado Revised Statutes, 35-72-102, amend (2) and (3) as follows:

• Page 102, Line 2235-72-102.  Duty of landowner - liability for damage. (2)  Any

• Page 102, Line 23An owner or occupier who sustains damages to his property, including

• Page 103, Line 1but not limited to crops, grasslands, fences, fencerows, irrigation canals,

• Page 103, Line 2ditches, or livestock, proximately caused by the failure of any other an

• Page 103, Line 3owner or occupier of other land to discharge his the other owner's duty

• Page 103, Line 4to prevent soil blowing from land he the other owner owns or occupies

• Page 103, Line 5may recover actual damages from the other owner or occupier by bringing an action in any court of competent jurisdiction.

• Page 103, Line 6(3)  Any A unit of state government or any an agency of the state

• Page 103, Line 7or federal government which that sustains damages to any of its

• Page 103, Line 8property, including but not limited to roads, barrow ditches, or fences,

• Page 103, Line 9proximately caused by the failure of an owner or occupier of land to

• Page 103, Line 10discharge his the owner's or occupier's duty to prevent soil blowing

• Page 103, Line 11from the land he owns or occupies may recover actual damages from

• Page 103, Line 12such the owner or occupier by bringing an action in any court of competent jurisdiction.

• Page 103, Line 13SECTION 178.  In Colorado Revised Statutes, 35-72-103, amend (2) as follows:

• Page 103, Line 1435-72-103.  Action by county commissioners - emergency

• Page 103, Line 15conditions. (2)  Notice of such the citation shall be given by personal

• Page 103, Line 16communication, if possible, and by mailing a copy thereof of the

• Page 103, Line 17citation by registered mail addressed to each of the persons to whom the

• Page 103, Line 18citation is directed at the address as shown on the records of the county

• Page 103, Line 19assessor; otherwise, service of such citation shall be made as provided by

• Page 103, Line 20the Colorado rules of civil procedure for the service of summons. Such

• Page 103, Line 21citation shall also be posted in a public place in the county courthouse in

• Page 103, Line 22the county in which said land is located. If such treatment is not

• Page 103, Line 23commenced on or before three days or within such greater time as may be

• Page 103, Line 24specified in such citation after the date of such personal communication,

• Page 104, Line 1mailing, and posting or the service of notice as provided in this subsection

• Page 104, Line 2(2), or if the treatment is not performed in the manner and to the extent

• Page 104, Line 3specified in the citation and in a workmanlike manner and with due

• Page 104, Line 4diligence, or if, prior to the expiration of the date fixed in said citation,

• Page 104, Line 5the persons to whom said citation is directed advise the board that they do

• Page 104, Line 6not intend to or cannot accomplish the work so directed, the board may cause such treatment to be performed in accordance with such citation.

• Page 104, Line 7SECTION 179.  In Colorado Revised Statutes, 35-72-105, amend (2) as follows:

• Page 104, Line 835-72-105.  Method of assessment. (2)  Upon delivery of said a

• Page 104, Line 9resolution to the an assessor, he the assessor shall extend the same

• Page 104, Line 10resolution upon the assessment rolls, and said the assessment shall

• Page 104, Line 11thereupon become a part of the general taxes and constitute a lien against

• Page 104, Line 12said the land as set forth in said the resolution and shall thereafter

• Page 104, Line 13become due in the same manner and be collected in the same manner as

• Page 104, Line 14the general ad valorem property tax. Such The assessment may be paid

• Page 104, Line 15at any time before general taxes become due and payable. All of the

• Page 104, Line 16provisions of the general laws for the enforcement of the collection of taxes shall be are applicable thereto after the extension by the assessor.

• Page 104, Line 17SECTION 180.  In Colorado Revised Statutes, amend 35-72-106 as follows:

• Page 104, Line 1835-72-106.  Judicial review.Any A landowner aggrieved at the

• Page 104, Line 19amount of the assessment against his the landowner's land may bring

• Page 104, Line 20an action in the district court of the county in which the land is situated

• Page 104, Line 21to test the validity of the assessment or to enjoin its collection, but such

• Page 104, Line 22action must be brought within thirty days after the assessment is made and

• Page 104, Line 23the copy of the resolution of the board is mailed as provided in section 35-72-105 and cannot be brought thereafter.

• Page 105, Line 1SECTION 181.  In Colorado Revised Statutes, 35-75-105, amend (1)(a) and (4) as follows:

• Page 105, Line 235-75-105.  Organization meeting - chair - personnel - surety

• Page 105, Line 3bond - conflict of interest. (1) (a)  The member of the board appointed

• Page 105, Line 4by the governor shall call and convene the initial organizational meeting

• Page 105, Line 5of the board and shall serve as its chairman chair pro tempore. At such

• Page 105, Line 6meeting, appropriate bylaws shall be presented for adoption. The bylaws

• Page 105, Line 7may provide for the election or appointment of officers, the delegation of

• Page 105, Line 8certain powers and duties, and such other matters as the authority deems

• Page 105, Line 9proper. At such the meeting, and annually thereafter, the board shall elect

• Page 105, Line 10one of its members as chairman chair and one as vice-chairman vice-chair.

• Page 105, Line 11(4)  Before the issuance of any bonds under this article article 75,

• Page 105, Line 12the executive officer and associate executive officer shall each execute a

• Page 105, Line 13surety bond in the sum of one hundred thousand dollars, and each

• Page 105, Line 14member of the board shall execute a surety bond in the sum of fifty

• Page 105, Line 15thousand dollars or, in lieu thereof, the chairman chair of the board shall

• Page 105, Line 16execute a blanket bond covering each member of the board, the executive

• Page 105, Line 17officer, the associate executive officer, and the employees of the

• Page 105, Line 18authority, each surety bond to be conditioned upon the faithful

• Page 105, Line 19performance of the duties of the office covered, to be executed by a surety

• Page 105, Line 20authorized to transact business in this state as surety. The cost of each such the bond shall be paid by the authority.

• Page 105, Line 21SECTION 182.  In Colorado Revised Statutes, amend 35-75-119 as follows:

• Page 105, Line 2235-75-119.  Investment powers of authority. The authority has

• Page 106, Line 1the power to may invest any funds money held in reserve, sinking funds,

• Page 106, Line 2capital reserve funds, or any funds not required for immediate

• Page 106, Line 3disbursement in property or in securities in which the state treasurer may

• Page 106, Line 4legally invest funds money subject to his the state treasurer's

• Page 106, Line 5control; and to sell from time to time such securities thus purchased and

• Page 106, Line 6held; and to deposit any securities in any a trust bank within or without

• Page 106, Line 7the state. In addition, the authority has the power to may invest any such

• Page 106, Line 8funds the money in unsecured promissory notes of a national bank

• Page 106, Line 9having the highest investment ratings. Any funds money deposited in a

• Page 106, Line 10banking institution shall be secured in such manner and subject to such

• Page 106, Line 11terms and conditions as the board may determine, with or without

• Page 106, Line 12payment of any interest on such deposit, including, without limitation,

• Page 106, Line 13time deposits evidenced by certificates of deposit. Any A commercial

• Page 106, Line 14bank incorporated under the laws of this state which that may act as a

• Page 106, Line 15depository of any funds the money of the authority may issue

• Page 106, Line 16indemnifying bonds or may pledge such securities as may be required by the board.

• Page 106, Line 17SECTION 183.  In Colorado Revised Statutes, amend 35-75-122 as follows:

• Page 106, Line 1835-75-122.  Enforcement of rights of bondholders.Any A holder

• Page 106, Line 19of bonds issued pursuant to this article article 75 or a trustee under a

• Page 106, Line 20trust agreement or trust indenture entered into pursuant to this article

• Page 106, Line 21article 75, except to the extent that his the bond holder's or

• Page 106, Line 22trustee's rights are restricted by any bond resolution, may protect and

• Page 106, Line 23enforce, by any suitable form of legal proceedings, any rights under the

• Page 106, Line 24laws of this state or granted by the bond resolution. Such rights include

• Page 106, Line 25the right to compel the performance of all duties of the authority required

• Page 107, Line 1by this article article 75 or the bond resolution and to enjoin unlawful activities.

• Page 107, Line 2SECTION 184.  In Colorado Revised Statutes, 35-80-108, amend (3) as follows:

• Page 107, Line 335-80-108.  Unlawful acts - short title - disclosure requirement

• Page 107, Line 4- definition. (3)  It is unlawful and a violation of this article article 80

• Page 107, Line 5for any an employee or official of the department or any a person

• Page 107, Line 6designated by the commissioner pursuant to section 35-80-109 (6) to

• Page 107, Line 7disclose or use for his or her the employee's, official's, or person's

• Page 107, Line 8own advantage any information derived from any the reports or records

• Page 107, Line 9submitted to the department pursuant to section 35-80-110 or to reveal

• Page 107, Line 10such information to anyone except authorized persons, including officials

• Page 107, Line 11or employees of the state, the federal government, and the courts of this or other states.

• Page 107, Line 12SECTION 185.  In Colorado Revised Statutes, 35-80-110, amend (1), (2), (4), and (5)(d)(I) as follows:

• Page 107, Line 1335-80-110.  Inspections - investigations - access - subpoena -

• Page 107, Line 14duty to report suspected animal cruelty or animal fighting -

• Page 107, Line 15immunity. (1)  The commissioner, upon his or her the commissioner's

• Page 107, Line 16own motion or upon the complaint of any person, may make any

• Page 107, Line 17investigations necessary to ensure compliance with this article article 80.

• Page 107, Line 18(2)  Complaints of record made to the commissioner and the results

• Page 107, Line 19of his or her the commissioner's investigations may, in at the discretion

• Page 107, Line 20of the commissioner, be closed to public inspection, except to the person

• Page 107, Line 21in interest, as defined in section 24-72-202 (4), C.R.S., or as provided by

• Page 107, Line 22court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a licensee.

• Page 108, Line 1(4)  The commissioner shall have full authority to may administer

• Page 108, Line 2oaths and take statements; issue subpoenas requiring the attendance of

• Page 108, Line 3witnesses before him or her, the commissioner and require the

• Page 108, Line 4production of all books, memoranda, papers and other documents,

• Page 108, Line 5articles, or instruments; and to compel the disclosure by such witnesses

• Page 108, Line 6of all facts known to them relative to the matters under investigation.

• Page 108, Line 7Upon the failure or refusal of any a witness to obey any a subpoena, the

• Page 108, Line 8commissioner may petition the district court, and, upon a proper showing,

• Page 108, Line 9the court may enter an order compelling the witness to appear and testify

• Page 108, Line 10or produce documentary evidence. Failure to obey such an order of the court shall be is punishable as a contempt of court.

• Page 108, Line 11(5) (d) (I)  If the commissioner or the commissioner's designee in

• Page 108, Line 12good faith reports in good faith a suspected incident of animal cruelty

• Page 108, Line 13or animal fighting to the proper authorities in accordance with this

• Page 108, Line 14subsection (5), he or she the commissioner or the commissioner's

• Page 108, Line 15designee is immune from liability in any civil or criminal action brought in connection with the report.

• Page 108, Line 16SECTION 186.  In Colorado Revised Statutes, 35-80-111, amend (2)(a) as follows:

• Page 108, Line 1735-80-111.  Enforcement - cease-and-desist orders - hearings.

• Page 108, Line 18(2) (a)  Whenever the commissioner has reasonable cause to believe a

• Page 108, Line 19violation of any a provision of this article article 80 or any a rule

• Page 108, Line 20promulgated adopted pursuant to this article article 80 has occurred

• Page 108, Line 21and immediate enforcement is deemed necessary, he or she the

• Page 108, Line 22commissioner may issue a cease-and-desist order, which may require

• Page 108, Line 23any a person to cease violating any a provision of this article article 80

• Page 109, Line 1or any a rule promulgated adopted pursuant to this article. Such article

• Page 109, Line 280. The cease-and-desist order shall must set forth the provisions alleged

• Page 109, Line 3to have been violated, the facts alleged to have constituted the violation,

• Page 109, Line 4and the requirement that all actions cease forthwith. At any time after

• Page 109, Line 5service of the order to cease and desist, the person may request, at such

• Page 109, Line 6the person's discretion, a prompt hearing to determine whether or not

• Page 109, Line 7such the violation has occurred. Such The hearing shall be conducted

• Page 109, Line 8pursuant to the provisions of article 4 of title 24 C.R.S., and shall be determined conducted promptly.

• Page 109, Line 9SECTION 187.  In Colorado Revised Statutes, 35-80-115, amend (3) as follows:

• Page 109, Line 1035-80-115.  Advisory committee. (3)  In the event of a vacancy

• Page 109, Line 11on the advisory committee prior to the completion of the a member's full

• Page 109, Line 12term, the commissioner shall appoint a person to complete the remainder

• Page 109, Line 13of the term. Such The person shall represent the same group as the

• Page 109, Line 14member he or she the person is replacing, pursuant to subsection (1) of this section.

• Page 109, Line 15SECTION 188.  Act subject to petition - effective date. This act

• Page 109, Line 16takes effect at 12:01 a.m. on the day following the expiration of the

• Page 109, Line 17ninety-day period after final adjournment of the general assembly; except

• Page 109, Line 18that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 109, Line 19of the state constitution against this act or an item, section, or part of this

• Page 109, Line 20act within such period, then the act, item, section, or part will not take

• Page 109, Line 21effect unless approved by the people at the general election to be held in

• Page 109, Line 22November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.