Digest of Bills - 2006

AGRICULTURE

H.B. 06-1014 Department of agriculture - grants, donations, and gifts - authority to solicit and spend. Authorizes the department of agriculture to solicit and spend grants, donations, and gifts. Requires such moneys to be transmitted to the state treasurer and credited to the particular cash fund or established funding source deemed most appropriate by the department.

APPROVED by Governor March 6, 2006
EFFECTIVE March 6, 2006

H.B. 06-1132 Impounded animals - disposition by sale - proceeds - application - cost of care. Authorizes the sale of an animal impounded under animal cruelty laws and the application of the proceeds of any such sale to the expenses of the care and sale of, and provision for, the animal, with any remaining proceeds of the sale being returned to the owner of the animal, if known, and if the owner of the animal is not convicted of cruelty to animals, animal fighting, unlawful ownership of a dangerous dog, or is not found by a court to have mistreated, neglected, or abandoned the animal and if the proceeds are claimed within 12 months after the sale. Establishes notice procedures for owners of animals prior to such a sale.

Specifies that payments for costs of the Colorado department of agriculture for care and sale of, and provision for, an animal and any excess unclaimed proceeds shall be paid to the department and credited to the animal protection fund in the state treasury.

Authorizes the owner or custodian of an animal impounded under the animal cruelty laws to request a hearing in a court of competent jurisdiction on whether the costs associated with a bond posted to prevent the disposition of an impounded animal are fair and reasonable for the care and keeping of the animal. Includes the costs incurred by a government agency or private entity in selling and providing for the care of and provision for an impounded animal disposed of under the animal cruelty laws within the definition of "restitution" for purposes of sentencing in criminal cases.

Specifies that the provisions of the act do not apply to the disposition of an animal for a fee by adoption of an animal, release of an animal to a licensed rescue group, release of an animal to another licensed pet animal facility, or release of an animal to a rehabilitator licensed by the state division of wildlife or the United States fish and wildlife service.

Applies to animals impounded on or after August 7, 2006.

APPROVED by Governor May 11, 2006
EFFECTIVE August 7, 2006
Note: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 06-1239 Pesticide applicators' act - commercial applicators - fees - licenses - examinations - notice to pesticide-sensitive persons. Continues the "Pesticide Applicators' Act." Requires notice be given to a pesticide-sensitive person who resides in or near a structure prior to applying pesticide in the structure. Requires notice be given to a pesticide-sensitive person who resides at a multi-unit property prior to applying pesticide in the structure.

Repeals the requirement that licensed commercial applicators use or recommend only registered devices. Amends the process of drafting and administering examinations.

Makes commercial applicator business licenses valid for 3 years. Allows renewals to occur throughout the calendar year. Permits an expired license to be renewed within 180 days, upon submission of the application and payment of a late fee.

Allows the commissioner of agriculture to set fees to cover the actual costs of administering the act. Eliminates the requirement that the registry be published on paper.

Repeals a provision requiring the promulgation of rules for the implementation of the article as obsolete.

APPROVED by Governor March 31, 2006
EFFECTIVE July 1, 2006

H.B. 06-1274 Pesticide applicators' act - private applicators - appropriations. Continues the regulation of pesticide applicators by the commissioner of agriculture until July 1, 2015.

Establishes that any person using or supervising the use of any pesticide or designated device in Colorado shall be subject to the "Pesticide Applicators' Act" and any rules adopted pursuant to that act. Establishes registration procedures for limited commercial and public applicators. Allows the commissioner to take disciplinary action against registrants. Establishes procedures for licensing of private applicators.

In addition to existing unlawful acts, makes it unlawful and a violation for any person:

● To use, store, or dispose of pesticides, pesticide containers, rinsates, or other related materials, or to supervise or recommend such acts, in a manner inconsistent with labeling directions or requirements, unless otherwise provided for by law, or in an unsafe, negligent, or fraudulent manner; or

● To refuse or fail to comply with any requirements of the federal worker protection standards as set forth in 40 CFR part 170.

Establishes unlawful acts for private applicators.

Requires applicators to notify the residents of a multi-unit dwelling who are on the state registry of pesticide-sensitive persons before making a structural pesticide application to that dwelling.

Eliminates the commercial pesticide applicator fund and transfers any remaining balance to the pesticide fund.

Appropriates $76,051 to the department of agriculture, executive director's office for legal services. Appropriates $351,765 and 5.8 FTE to the department of agriculture for the division of plant industries. Anticipates $110,000 in federal funds from the environmental protection agency.

APPROVED by Governor May 26, 2006
PORTIONS EFFECTIVE May 26, 2006
PORTIONS EFFECTIVE January 1, 2007

H.B. 06-1384 Colorado state fair - transfer of moneys from the Colorado travel and tourism promotion fund. Appropriates moneys from the Colorado travel and tourism promotion fund (fund) to the Colorado state fair authority (authority) if House Bill 06-1201 becomes law and subject to the full funding of the fund as specified in House Bill 06-1201. If all conditions are met, specifies the following spending requirements:

● In the 2006-07, 2007-08, and 2008-09 fiscal years, moneys credited to the fund shall be appropriated in each fiscal year to the authority to the extent required to first repay any loan owed to the state treasurer and to 2nd pay any outstanding debt incurred by the authority to build the events center in Pueblo. Of the remaining moneys in the fund after the appropriations above, provides the authority $550,000 for administrative expenses, operating costs, and promotion of events.

● In the 2009-10 fiscal year, and each fiscal year thereafter, provides the authority with $550,000 for administrative expenses, operating costs, and promotion of events.

Specifies that the act shall take effect only if House Bill 06-1201 is enacted and becomes law.

APPROVED by Governor June 5, 2006
EFFECTIVE June 5, 2006
NOTE: House Bill 06-1201 was signed by the governor June 5, 2006.

 

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


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