S.B. 96-3 Colorado state fair authority - short-term borrowing. Authorizes the Colorado state fair authority to obtain a short-term loan to meet working capital and other cash flow needs of the authority. Limits the amount of such a loan to the difference between the anticipated revenues for the fiscal year and the amount credited to the state fair fund up to the time of the loan. Permits the authority to pledge its revenues to the retirement of the loan and requires that such a loan be repaid within 8 months.
APPROVED by Governor March 20, 1996
EFFECTIVE March 20, 1996
S.B. 96-36 Protection of agricultural operations - local ordinances - "Right to Farm" statute. Specifies that local governments may enact ordinances or pass resolutions to protect agricultural operations from nuisance suits, but that such resolutions or ordinances shall not restrict the right of such a landowner to sell the land or put it to any alternate use nor diminish the rights of any real property interests.
APPROVED by Governor May 2, 1996
EFFECTIVE May 2, 1996
S.B. 96-43 Nurseries - inspection requirements - continuation of registration functions of the commissioner of agriculture and the department of agriculture. Exempts any nursery selling only nursery stock grown within Colorado from mandatory inspections conducted by the commissioner of agriculture. Authorizes the commissioner of agriculture to inspect such a nursery upon request if the required inspection fee is paid.
Eliminates the automatic termination date of the registration functions of the commissioner of agriculture and the department of agriculture.
APPROVED by Governor April 17, 1996
EFFECTIVE April 17, 1996
S.B. 96-167 Depredating animals - control by commissioner of agriculture. Grants exclusive jurisdiction over the control of depredating animals to the commissioner of agriculture. Allows the commissioner to:
Requires the commissioner, when promulgating rules, to obtain the prior approval of the state agricultural commission and to consider and encourage humane and effective methods of control.
Includes specific provisions concerning the control of depredating animals of at-risk species as follows:
Authorizes the commissioner to contract with the division of wildlife for financial and other assistance.
APPROVED by Governor April 12, 1996
EFFECTIVE April 12, 1996
H.B. 96-1008 Noxious weeds - management - appropriation. Renames the "Colorado Weed Management Act" the "Colorado Noxious Weed Act". Redefines "integrated management" to include biological and chemical management and cultural and mechanical control.
Creates the noxious weed management fund in the office of the state treasurer. Requires civil penalties to be imposed on persons and governments that violate the "Colorado Noxious Weed Act", taking into consideration the effect of the penalty on the ability of the person charged to stay in business. States that such penalties shall be deposited into the fund with any donations and gifts. Requires the general assembly to annually appropriate moneys in the fund to the department of agriculture. Authorizes the department to expend moneys for the following purposes:
Authorizes the department, when it verifies new noxious weeds, to allocate up to $50,000 of fund moneys to government agencies for emergency relief. Requires the division of plant industry to designate a state weed coordinator who shall develop a management plan for the management of designated weeds on state-owned lands, facilitate cooperation between government land managers, and provide guidance for local governmental weed managers.
Authorizes a board of county commissioners to levy a property tax, upon voter approval, to create a county fund to control noxious weeds.
Appropriates $40,000 and 0.7 FTE from the noxious weed management fund to the department of agriculture for implementation of this act.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
H.B. 96-1018 Pest control - commissioner of agriculture - administrative enforcement - civil penalties. Authorizes the commissioner of agriculture (commissioner) to issue a cease and desist order to those persons in violation of any rule, order of quarantine, or any provision of the "Pest Control Act". Provides that any person issued a cease and desist order by the commissioner may request an immediate hearing. Empowers the commissioner to hold hearings, administer oaths, and issue subpoenas. Enables the commissioner to petition any court of competent jurisdiction for an order to enforce an administrative subpoena, an order to temporarily or permanently restrain or enjoin any violation of the "Pest Control Act", or an order to enforce a civil penalty. Establishes a maximum $1000 civil penalty per violation of any provision of the "Pest Control Act", any rule, or quarantine order.
Expands emergency disposal authority to include any shipment of plant material in violation of a quarantine order. Changes the time within which such material will be destroyed by the commissioner if not removed from the state from 48 hours to a time to be ordered by the commissioner. Expands the maximum time limit a state of quarantine emergency may be declared by the governor from 60 to 180 days.
Funds quarantine and eradication measures from moneys recovered from the producers of the crops protected by those measures, rather than from moneys appropriated by the general assembly, and moneys received from federal or local governments or private agencies.
Authorizes the commissioner to enter into agreements with any agency of the federal government to inspect sites and plants and monitor compliance with the federal "Plant Quarantine Act of 1912" and to promulgate rules to implement the agreements. Provides that the cost of implementation of these agreements shall be recovered from those crop growers that signed post-entry quarantine agreements or, if no agreement exists, from the owners of the articles at the growing site.
APPROVED by Governor April 16, 1996
EFFECTIVE April 16, 1996
H.B. 96-1284 Agricultural chemical regulation - elimination of certain requirements. Ends the registration requirement for applicators of lawn and garden fertilizers and for persons who treat or sell treated manure. Changes plant nutrient terminology from phosphoric acid to phosphate for purposes of the guaranteed analysis. Allows the commissioner of agriculture to consider values in excess of the guaranteed value of plant nutrients when computing penalties for deficiencies uncovered in the guaranteed analysis inspection. Conforms Colorado law to all other states by eliminating the "Not a plant food" label requirement for packaged soil conditioners and plant amendments. Eliminates required county tonnage reports. Gives the commissioner rule-making authority to require additional information in the current semiannual tonnage shipment affidavit.
APPROVED by Governor March 20, 1996
EFFECTIVE March 20, 1996
H.B. 96-1340 Public livestock markets - veterinary practices - procedure to deal with injured, diseased, or disabled animals. Prohibits the sale of any animal at a public livestock market if the animal is injured, disabled, or diseased beyond recovery or has an injury or disease that permanently renders the animal unfit for human consumption.
If a veterinarian of the department of agriculture determines that an animal presented at a public livestock market is injured, disabled, or diseased beyond recovery, requires the veterinarian to humanely euthanize the animal or to direct the consignor to immediately remove the animal from the premises of the public livestock market. Provides that all expenses incurred for euthanasia and disposal of such animal are the responsibility of the consignor and that the collection of such expenses is not the responsibility of the consignee.
Directs the commissioner of agriculture to promulgate reasonable rules regarding veterinary practices at public livestock markets, including rules that designate which diseases render livestock permanently disabled or the carcasses thereof permanently unfit for human consumption.
APPROVED by Governor June 1, 1996
EFFECTIVE July 1, 1996
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