Agriculture - Digest of Bills

Digest of Bills - 1998

AGRICULTURE

S.B. 98-153 Pet animals - breeder facilities - bird leg bands. Redefines "small animal hobby breeder facility" as a facility that transfers a number of small mammals that is less than the maximum established by the commissioner for each species, and defines a "small animal breeder facility" in the same manner. Replaces language defining such a facility as one that transfers no more than 200 rodents and lagomorphs per year.

States that 2 or more animal facilities that have a similar purpose and operate from one place or premises shall be considered a single facility.

Authorizes the commissioner to establish fees for the issuance and renewal of psittacine bird leg bands. Makes it unlawful to possess certain species of birds for the purpose of selling or trading if such birds have not been legally banded with a leg band appropriate to their size and species and applied during the prefeathered stage of development. Repeals exemptions for zoos and research institutions from the requirement that birds over the age of 10 days must be leg banded.

APPROVED by Governor March 24, 1998
EFFECTIVE March 24, 1998

S.B. 98-188 Colorado horse development authority - creation - assessment on horse brand inspections. Creates the Colorado horse development authority (authority) and vests the power of the authority in the board of directors. Imposes an assessment on horse brand inspections in an amount to be determined by the authority to fund the board's activities and establishes collection procedures. Limits the assessment to no more than $3 per inspection and prohibits any person from being assessed more than $100 in a calendar year. Allows for refunds of such assessment. Authorizes the state brand commissioner to retain up to 10% of such assessment for administration.

Allows a person to purchase a Colorado horse development authority assessment card from the authority for $100 to show, at the time of the horse brand inspection, that the assessment has been prepaid.

APPROVED by Governor June 1, 1998
EFFECTIVE June 1, 1998

H.B. 98-1101 Livestock industry - board of stock inspection commissioners - inspection fees - certification of feedlots - sale of abandoned brands. Redesignates the existing per-head brand inspection tax on livestock as a fee and divides livestock subject to the fee into 2 categories, bovine and equine. Sets the inspection fee at 40¢ for bovine livestock (the current level) and $1 for equine livestock. Redesignates the existing service charge, payable by each person or entity requesting an inspection of livestock, as a "minimum fee" and raises it from the current maximum of $7.50 to $10 for both bovine and equine livestock.

Raises the assessment for the recordation of brands from the current level of $18 per year or $90 per 5-year assessment period to $30 per year or $150 per 5-year assessment period. Requires payment in a lump sum of all applicable assessments for a given period. Creates a presumption of abandonment of any brand that has been cancelled for nonpayment of assessments and that remains unclaimed for 5 years. Provides for public sale of abandoned brands. States that the purchaser of an abandoned brand takes all rights to the brand, free and clear of all liens and encumbrances.

Allows the state board of stock inspection commissioners (board) to issue an annual transportation permit for cattle and "alternative livestock", i.e., elk or fallow deer, comparable to the existing permit for rodeo horses. Limits the fee for such permit to $20. Raises the fee limit for the existing rodeo horse permit from $10 to $20.

Enacts the "Feedlot Certification Act" establishing a program of voluntary certification for feedlot owners under the authority of the board. Provides for cash funding of the program through fees set by the board in accordance with the "State Administrative Procedure Act". Allows the board to inspect and audit feedlot operations; issue, deny, suspend, and revoke certificates; conduct hearings and issue subpoenas; and assess civil penalties for specific violations.

Grants to certified feedlots certain exemptions from stock inspection requirements and discounts on per-head inspection fees. Requires separation of incoming cattle by source and of outgoing cattle by destination. Prohibits the unauthorized use or forgery of a certification and requires the owner of a feedlot whose certification has been revoked to have animals inspected before moving them.

APPROVED by Governor April 13, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

H.B. 98-1362 Colorado state fair authority - exemptions from procurement and contract negotiation requirements. Extends by one year, until March 1, 1999, the period for which the Colorado state fair authority is not subject to the provisions of the "Procurement Code". Requires the manager of the Colorado state fair authority to submit, on or before November 1, 1998, a list to the joint budget committee of any provisions related to negotiation of consultants' contracts and any provisions of the "Procurement Code" that the Colorado state fair authority desires to remain exempt from on or after March 1, 1999. Requires the manager of the Colorado state fair authority to consult with the board of commissioners of the Colorado state fair authority before submitting the list.

APPROVED by Governor February 27, 1998
EFFECTIVE February 27, 1998