Agriculture - Digest of Bills

Digest of Bills - 1999

AGRICULTURE
S.B. 99-43 Right-to-farm - costs for prevailing party in nuisance suits. Allows a court to award expert fees, reasonable court costs, and reasonable attorney fees to the prevailing party in any action seeking to assert that an agricultural operation is a public or private nuisance. Specifies this law in no way restricts, supersedes, abrogates, or contravenes a person's ability to enforce the housed commercial swine feeding operations laws prohibiting water and air pollution.

APPROVED by Governor April 16, 1999
EFFECTIVE July 1, 1999

S.B. 99-111 Release of destructive rodent pests - requirements. Prohibits the release of destructive rodent pests into a county without compliance with all requirements imposed by the wildlife commission and the prior approval of both the wildlife commission and the board of county commissioners of the county. Specifies that a person who transports destructive rodent pests through a county without releasing them, keeps destructive rodent pests confined for scientific purposes or for use as food or as pets, or releases destructive rodent pests into the county in which they were originally taken into captivity need not obtain such prior approval. Defines the term "destructive rodent pests" to include rodents, including but not limited to prairie dogs, ground squirrels, pocket gophers, jackrabbits, and rats, that pose a threat to agricultural, horticultural, or livestock concerns or to human health.

Allows the board of county commissioners of any county into which a person releases destructive rodent pests without the prior approval of the board to require such person to eradicate or remove the destructive rodent pests or pay a fine in an amount sufficient to compensate the county for the costs of eradicating or removing the destructive rodent pests.

APPROVED by Governor March 25, 1999
EFFECTIVE March 25, 1999

S.B. 99-122 Colorado Seed Act - continuation - registration dates - seed advisory committee. Continues the "Colorado Seed Act" until July 1, 2009. Revises the definition of "farmer seed labeler" to clarify that such person labels only seeds that were produced for sale on property owned or rented by such person or such person's employer. Changes the effective date of all registrations so that all registrations shall be effective March 1 of each year and shall expire the last day of February of each year. Updates references made to federal law.

Repeals statutory provisions creating the seed advisory committee.

APPROVED by Governor March 31, 1999
EFFECTIVE March 31, 1999

S.B. 99-137 Pet animals - authority of licensed pet animal facilities - financial bonding for impounded animals. Requires licensed animal shelters to hold a pet animal at least 5 days before the shelter may make the animal available for adoption or otherwise dispose of the animal. Defines "days" for purposes of the minimum holding period as days during which the shelter is open to the public. Defines "disposition" as adoption, return of the animal to the owner, release to a rescue group, another shelter, or a licensed wildlife rehabilitator, or euthanasia.

States that, if the animal shelter acquires the pet animal from the owner or if the animal is abandoned, the animal becomes the property of the animal shelter upon transfer and the shelter may dispose of the animal at its discretion. Allows an animal shelter to dispose of pet animals through euthanasia after exhausting reasonable efforts to contact the owner if, in the opinion of a veterinarian, the pet animal is experiencing extreme pain or suffering. Requires the animal shelter in such circumstances to exhaust reasonable efforts to contact the owner for up to 24 hours if a pet animal has identification.

Grants immunity from civil actions to an animal shelter that complies with the statutory requirements prior to disposing of a pet animal. States that nothing in the act precludes a local government from adopting an ordinance that exceeds the 5-day minimum holding period nor precludes a licensed animal shelter from adopting a policy that exceeds the 5-day minimum holding period.

If the owner or custodian of impounded animals wishes to prevent disposition of the animals, requires such owner or custodian to post a 30-day bond with the court for the cost of the animals' care. Allows the animal shelter to determine the disposition of the animals upon expiration of the bond, unless a court order prohibits such disposition. Allows the court to order the immediate disposition of an impounded animal by euthanasia if, in the opinion of a veterinarian, the animal is experiencing extreme pain or suffering. Makes the owner or custodian liable for the costs of the care, keeping, or disposal of impounded animals.

APPROVED by Governor April 19, 1999
EFFECTIVE August 4, 1999

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.

S.B. 99-201 State fair authority - exemption from procurement code - contributions from nonstate sources. Permanently exempts the Colorado state fair authority from the requirements of the "Procurement Code". Clarifies that the board of commissioners of the Colorado state fair authority may not accept contributions from nonstate sources if such contributions would cause the board and the authority to lose enterprise status for purposes of section 20 of article X of the state constitution, but that the board may accept such nonstate contributions in any budget year in which the board and the authority do not qualify as an enterprise due to the amount of grants received from the state.

APPROVED by Governor April 14, 1999
EFFECTIVE April 14, 1999

H.B. 99-1111 Captive wildlife and alternative livestock board - continuation - interest earned on cervidae disease revolving fund. Extends the existence of the captive wildlife and alternative livestock board for an additional 10 years, until July 1, 2009. Mandates that all interest earned on the investment of moneys in the cervidae disease revolving fund shall remain in the fund and shall no longer be credited to the general fund.

APPROVED by Governor May 3, 1999
EFFECTIVE May 3, 1999

H.B. 99-1117 Pest Control Act - inspection procedures - assessment for expenses. Makes a landowner liable for only the county's direct costs and expenses, up to the amount of $5000, in treating pest infestation or infection. Grants the board of county commissioners, in addition to the commissioner of agriculture, discretion to set civil penalties for violations of the "Pest Control Act". Prohibits entry upon property until the landowner or occupant has been sent notification by certified mail.

Restates the notice of inspection and inspection procedures.

Requires the board of county commissioners to develop a payment schedule with any landowner for the cost of an assessment if the landowner shows economic hardship.

APPROVED by Governor April 13, 1999
EFFECTIVE April 13, 1999

H.B. 99-1132 Commercial feed law - manufacturers of commercial feed - registration - commissioner of agriculture - rules. Repeals and reenacts, with amendments, the "Colorado Commercial Feed Law of 1979". Makes the following additions to the current commercial feed law:

Requires a manufacturer of commercial feed to register with the department of agriculture. Clarifies the activities that do not require registration.
Eliminates the registration requirement for feed.
Establishes the procedure for registration to manufacture commercial feed. Sets the registration fee and renewal fee at $10 per year. Requires a registrant to pay a $10 penalty for failure to comply with the registration renewal requirements.
Allows the commissioner of agriculture (commissioner), after an administrative hearing, to deny a registration, place a registrant on probation, or restrict, suspend, revoke, or refuse to renew the registration of a person who violates the commercial feed law or rules of the commissioner.
Authorizes the commissioner to promulgate, amend, and repeal rules for the implementation of the commercial feed law.
Permits the commissioner to impose a civil penalty for a violation of the commercial feed law.
Establishes a $25 minimum inspection fee.
Requires lot or date coding on all products.

Makes the following changes to the current commercial feed law:

Reduces the maximum inspection fee from 20¢ to 15¢ per ton to be paid by the person whose name appears on the label of the commercial feed. Permits another person to assume liability for the payment of the inspection fee.
Sets forth alternative inspection fees instead of a registration fee for products that are sold in packages weighing 10 pounds or less.
Requires each person who is required to pay an inspection fee on commercial feed to file an annual statement, instead of a semiannual statement.
Defines additional terms.

APPROVED by Governor May 14, 1999
EFFECTIVE January 1, 2000

NOTE: This act shall take effect January 1, 2000, unless a referendum petition is filed during 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. If such 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. 99-1319 Livestock - designated diseases - handling. Authorizes the department of agriculture to design and implement programs for the diagnosis, control, and eradication of designated diseases. Defines "designated disease" as an infectious or contagious animal disease that is determined by the state veterinarian to be an economic threat to Colorado's livestock industry or a risk to human health. Modifies requirements for branding animals that have tested positive for a designated disease.

Requires livestock suspected of having a designated disease to be tested for all of the designated diseases and not just brucellosis.

States that a person in violation of the quarantine laws shall be subject to a civil penalty the same as a person in violation of any other provision of the law concerning the prevention and eradication of diseases.

APPROVED by Governor May 29, 1999
EFFECTIVE May 29, 1999