Digest of Bills - 2000

AGRICULTURE

S.B. 00-29
Agricultural operation - protection from nuisance suits - rebuttable presumption. States that an agricultural operation that employs methods or practices that are commonly or reasonably associated with agricultural production is not a public or private nuisance. Specifies activities and conditions that do not constitute a public or private nuisance if the agricultural operation employs methods or practices that are commonly and reasonably associated with agricultural production.

        States that an agricultural operation shall not be found to be a public or private nuisance if such agricultural operation was established prior to the commencement of the use of the area surrounding such operation for nonagricultural activities if it employs methods or practices that are commonly and reasonably associated with agricultural production. Creates a rebuttable presumption that such agricultural operation is not operating negligently.

        Allows a local government to adopt an ordinance or pass a resolution that provides agricultural operations with additional protection.

APPROVED by Governor March 29, 2000
EFFECTIVE September 1, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 00-1031 Pest control districts - procedure to consolidate. Eliminates the requirement of a ballot election to consolidate pest control districts. Requires the board of county commissioners to hold a hearing before acting on a petition to consolidate districts.

APPROVED by Governor March 2, 2000
EFFECTIVE August 2, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 00-1212 Colorado beef council authority - fees. Declares that the moneys collected by the state board of stock inspection commissioners for the Colorado beef council authority become fees and not contributions when the federal cattleman's beef promotion and research board ceases to exist. Clarifies that the fees are to be collected when cattle are sold.

        Makes the payment of fees applicable to a person who produces and sells beef or beef products to consumers. Exempts a person who certifies that such person sells cattle only for a fee or commission, certifies that the person acquired ownership of the cattle only to facilitate transfer to a third party, and establishes that the cattle were resold not later than 10 days after such person acquired ownership of the cattle.

        Clarifies that the activities of the Colorado beef council authority board are consistent with that of a qualified state beef council for purposes of federal law.

        Repeals the ability of a person who has paid a contribution to the state board of stock inspection commissioners for the Colorado beef council authority to receive a refund of such contribution from the authority.

APPROVED by Governor May 12, 2000
EFFECTIVE May 12, 2000

H.B. 00-1265 Agricultural development authority - eligibility - definition of borrower. Expands the definition of "borrower" in the "Colorado Agricultural Development Authority Act" to include all enterprises engaged in agriculture or agricultural processing in Colorado, thereby expanding eligibility for financial assistance under the act.

APPROVED by Governor April 5, 2000
EFFECTIVE April 5, 2000

H.B. 00-1267 Pet Animal Care and Facilities Act - continuation under sunset law - commissioner's authority - scope - licensing fees - criminal acts. Increases the cap on pet animal care facility licensing fees from $200 to $250. Changes the term "small dog breeder" to "small scale operation dog breeder" to clarify that the term deals with the size of the operation and not the size of the dog. Changes the term "commercial dog breeder" to "large scale operation dog breeder" to make the term consistent with the "small scale operation dog breeder" characterization.

        Exempts from the act any owner, breeder, handler, or trainer while exhibiting or competing at any event licensed, regulated, or sanctioned by the American kennel club, united kennel club, or any other nationally recognized registering organization.

        Prohibits the alteration or falsification of certificates of veterinary health or inspection and makes a violation of such prohibition a class 2 misdemeanor. Grants the commissioner of agriculture the authority to inspect facilities to ensure compliance with orders revoking or denying operating licenses upon obtaining consent or a search warrant. Requires the commissioner to deny, revoke, or refuse to renew a license if the holder has been convicted of animal cruelty that consists of the knowing torture of an animal that needlessly injures, mutilates, or kills an animal.

        Extends the automatic termination date of the licensing of pet animal care facilities to July 1, 2009, pursuant to the provisions of the sunset law.

APPROVED by Governor May 30, 2000
EFFECTIVE May 30, 2000

H.B. 00-1286 Livestock - protection - continuous appropriation. Changes the method of appropriation of moneys from the cervidae disease revolving fund from annual appropriation by the general assembly to continuous appropriation to the state agricultural commission to indemnify owners of alternative livestock or captive wildlife cervidae (deer) destroyed for the control of contagious and infectious diseases.

        Eliminates the $20,000 cap on the amount of money a board of county commissioners may spend to purchase materials and equipment and to employ one or more suitable persons to control coyotes or other injurious predatory animals within such county.

        Changes the method of appropriation of moneys from the diseased livestock indemnity fund from annual appropriation by the general assembly to continuous appropriation to the commissioner of agriculture to indemnify any livestock owner whose herd is voluntarily sold for slaughter because it is exposed to brucellosis or another designated disease.

        Changes the method of appropriation of moneys from the estray fund from annual appropriation by the general assembly to continuous appropriation to the state board of stock inspection commissioners to indemnify any livestock owner whose stray livestock is sold because the owner could not be identified.

APPROVED by Governor May 30, 2000
EFFECTIVE July 1, 2000

H.B. 00-1364 Pet animal care - spaying and neutering - creation of an authority - special license plate - appropriation. Makes legislative findings concerning spaying and neutering of pets in Colorado, the importance of controlling the overpopulation of pets, and the need for a governmental authority to promote and coordinate efforts in this area.

        Creates the pet overpopulation control authority. Describes the duties and powers of the authority. Sets out the membership, terms of members, compensation, and how vacancies of members may be filled. Requires the commissioner of the department of agriculture to appoint the members of the authority no later that September 1, 2001. Directs the authority to:

        Allows the authority to collect donations, which will be deposited in a new pet overpopulation control fund and will not revert to the general fund.

        Creates the pet overpopulation control special license plate. Requires an animal shelter to submit 250 signatures of persons who want this special license plate before the special license plates are produced. Draws upon the pet overpopulation control fund for startup costs associated with issuance of the special plates. Sets conditions on who may qualify for the overpopulation control special license plate. Provides for an additional one-time fee of $10 upon initial issuance for the special license plate to be paid into the highway users tax fund. Requires that all taxes, fees, and laws for other special license plates apply to pet overpopulation control special license plates.

        Appropriates $23,100 to the department of revenue for the creation of the special license plate created in this act.

VETOED by Governor May 26, 2000

 

Session Laws of Colorado Digest of Bills General Assembly State of Colorado


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