S.B. 95-5 Agriculture - "Measurement Standards Act" - continuation under sunset law. Extends the automatic termination date of the licensing functions of the commissioner of agriculture under the "Measurement Standards Act of 1983" to July 1, 2010.
Adopts the standards for evaluation and inspection of the National Institute of Standards and Technology ("Institute") weighing and measuring devices, and eliminates the statutory provisions that apply to moisture-testing devices. Requires that all commercial devices have a certificate of conformance issued by the Institute.
Eliminates, as conditions for qualification as a certified weigher, the current requirements that a person be a U.S. citizen and have good moral character. Grants the commissioner of agriculture authority to deny applications for licensure and certification and to discipline holders of licenses and certificates.
Replaces provisions for the licensure of weighing and measuring device salesmen with certification provisions.
APPROVED by Governor May 25, 1995
EFFECTIVE July 1, 1995
S.B. 95-6 Handlers of farm products - regulation - continuation under sunset law - eggs - apple storage - peach inspections - adjustment to long bill - appropriation. Deregulates transporters of farm products. Adds having a license revoked, suspended, or not renewed or having been placed on probation in another jurisdiction to the list of grounds on which a licensee or applicant may be disciplined in this state.
Adds new definitions to the "Farm Products Act" and the "Commodity Warehouse Act" so that certain key terms used in those acts are defined.
Requires persons who act as agents for commodity handlers to be licensed. Allows a person who is bonded pursuant to the "Farm Products Act" to use that bond to fulfill the bonding requirements of the "Commodity Warehouse Act".
Extends the automatic termination date of the licensing of farm products dealers or agents, commodity handlers, and persons handling poultry eggs by the commissioner of agriculture to July 1, 2010, pursuant to the provisions of the sunset law.
Amends certain definitions in the statutes regulating egg production including amending the definition of "edible egg" so that it conforms with the United States Department of Agriculture definition. Excludes gasoline sales from the definition of what is included in sales figures for an establishment selling eggs for purposes of annual license fees or otherwise. Removes certain invoicing and documenting requirements for the sale and transportation of eggs. Changes licensure requirements so that licenses are continued to be required for sales and are now also required for resales. Removes current provisions on candling eggs, receiving eggs on consignment, and commercially removing eggs from their shells for preparation of egg mixtures.
Requires the commissioner to promulgate rules for all aspects of egg production rather than having such requirements in statute. Requires the commissioner to enforce the egg production statutes. Allows the commissioner to deny an application for licensure, place a licensee on probation, restrict a license, or refuse to renew a license in addition to suspending or revoking a license for violation of the article. Grants the commissioner the power to impose civil penalties for violation of the statutes after a hearing.
Repeals the requirement for inspection of peach shipments in excess of 1,000 pounds.
Eliminates licensing requirements for apple storage. Allows the commissioner of agriculture to adopt rules for the voluntary inspection of apples stored in compliance with the "Controlled Atmosphere Storage of Apples Act". Conforms the penalty provisions so that they reflect the voluntary nature of apple inspections.
Changes the appropriation to the department of agriculture by reducing the general fund appropriation by $9,806 and 0.4 FTE for the implementation of the act.
Appropriates $153,356 and 1.8 FTE to the department of revenue and ports of entry division for the implementation of the act.
APPROVED by Governor May 23, 1995
EFFECTIVE May 23, 1995
S.B. 95-18 Farm equipment sales - dealer agreements - cancellation - buy-back requirements. Repeals and reenacts the "Colorado Farm Equipment Fair Dealership Act" (act).
Defines and regulates the agreement between a manufacturer, assembler, or wholesaler of farm equipment and the party selling such equipment at retail as a "dealer agreement".
Sets forth what conduct constitutes a violation of the act by a farm equipment supplier towards a farm equipment dealer, including:
Specifies what "cause" is for purposes of terminating, cancelling, not renewing, or changing the circumstances of a dealer agreement.
Requires a 180-day notice prior to termination, cancellation, nonrenewal, or change of circumstances of a dealer agreement, unless certain circumstances exist. Allows a dealer to correct the reason for the supplier's action within the 180-day period. Requires the supplier to continue the agreement under existing terms if the dealer takes corrective actions.
Absent an agreement otherwise, requires a supplier to periodically repurchase a portion of a dealer's surplus parts inventory for credit. Limits the types of items in inventory that may be returned for credit.
Requires a supplier to repurchase a dealer's remaining inventory, any data processing hardware and software required by the supplier, and any specialized repair tools unique to the product line upon termination of a dealer agreement. Specifies how the price that the dealer will be reimbursed for repurchased goods is determined. Exempts certain items from the repurchase requirement, including items that are damaged or that were ordered after the dealer was notified of the cancellation. Perfects title in the repurchased items in the supplier, without filing a financing statement, when the dealer is paid.
Provides a mechanism for repurchase of inventory when a dealer dies or becomes incapacitated.
Allows a dealer to seek legal or equitable relief from a supplier, if the supplier violates the act.
Requires the supplier to warranty new equipment and to compensate a dealer for parts and labor in fulfilling a warranty agreement. Allows a supplier to disallow or adjust a warranty claim under certain circumstances.
Applies to new agreements or to old agreements after such agreements are extended, revised, modified, or changed, on or after July 1, 1995.
BECAME LAW without Governor's signature May 1
EFFECTIVE July 1, 1995
S.B. 95-120 Soil conservation districts - voting - board of supervisors - withdrawal of land. Permits a landowner to have a family member who is a registered voter and a renter or manager of the land vote for them in soil conservation district elections.
Authorizes local soil conservation districts to provide in bylaws for the election of a governing board of 5 to 11 supervisors. Changes the requirements for the composition of such boards.
Modifies procedures for local soil conservation districts to amend district bylaws, allowing such changes upon the petition of 50 qualified voters if the current 3% requirement would exceed 50, and requires passage of such an amendment only by a 2/3 vote rather than the current simple majority.
Where a landowner withdraws from a soil conservation district, requires the district's board of supervisors to file a statement of withdrawal with the county clerk and recorder of the applicable county. Makes the owner of the withdrawn land responsible for payment of the filing fee.
APPROVED by Governor April 21, 1995
EFFECTIVE July 1, 1995
H.B. 95-1005 Slaughter, processing, and sale of meat - continuation under sunset law. Removes temperature requirements from statute and specifies that the department of agriculture will set temperature requirements by rule. Authorizes the department to adopt rules concerning the sale of meat or meat products and for food plan operators. Specifies that persons who are otherwise exempt from the laws governing the sale of meat are subject to provisions regarding the sale of adulterated or diseased meat. Makes the sale of adulterated meat a class 2 misdemeanor.
Extends the automatic termination date of the licensing function of the department with respect to the slaughter, processing, and sale of meat to July 1, 2010, pursuant to the sunset law.
APPROVED by Governor March 17, 1995
EFFECTIVE July 1, 1995
H.B. 95-1054 Department of agriculture - enforcement authority - civil penalties - cease and desist orders - injunctions. Increases the authority of the state agricultural commission and the commissioner of agriculture to enforce laws related to the "Colorado Agricultural Marketing Act of 1939", prevention of disease in livestock, the manufacture and sale of animal biological products, and the feeding of garbage to hogs. Authorizes the assessment of civil penalties for violations, allows the issuance of cease and desist orders, and empowers courts to issue injunctions in aid of enforcement.
APPROVED by Governor March 23, 1995
EFFECTIVE March 23, 1995
H.B. 95-1129 Accredited zoological parks - exemption from certain regulations. Exempts zoological parks that are accredited by the American zoo and aquarium association from: (1) The state licensing requirement for zoological parks; (2) The wildlife commission's movement and testing requirements for intrastate movement of animals; (3) The certification requirements pertaining to the control of infectious diseases and parasites in alternative livestock; (4) The provisions of the "Alternative Livestock Act"; and (5) The assessment levied on each head of alternative livestock cervidae or captive wildlife cervidae.
Provides that certain rules of the wildlife commission, the state board of stock inspection commissioners, and the state agricultural commission shall continue to apply to intrastate transfers of alternative livestock between accredited zoological parks and any persons or entities that are not accredited. Specifies that a zoological park that does not pay into the cervidae disease revolving fund is not eligible for indemnification under the fund.
APPROVED by Governor March 9, 1995
EFFECTIVE March 9, 1995
H.B. 95-1206 Colorado horse development board created - appropriation. Creates the Colorado horse development board, consisting of 14 members appointed by the commissioner of agriculture. Provides that the board is a body corporate and a political subdivision of the state but is not a state agency and is not subject to administrative direction by any state agency except as provided in the act and for purposes of governmental immunity, risk management, and self-insurance. States that the board is not a local government for purposes of the local government budget and audit laws.
Specifies the qualifications and the powers and duties of the board relating to development and promotion of the horse industry in Colorado. Specifies that board members serve without compensation except for payment of actual and necessary travel and other expenses. Authorizes board employees to receive actual and necessary travel and other expenses. Requires the board to adopt rules governing payment of expenses.
Authorizes the board to accept grants and donations to fund the activities and expenses of the board. Creates a horse development fund in the office of the state treasurer in which such grants and donations are deposited. Specifies that fund moneys are subject to annual appropriation and do not revert to the general fund at the end of the fiscal year.
Appropriates $100,000 from the Colorado horse development fund to the board for implementation of the act.
APPROVED by Governor May 25, 1995
EFFECTIVE July 1, 1995
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