WSP00618

• File Number: 8441.300
• Description: The Colorado Big Thompson Project - Legislation
• Basin: South Platte
• Water Division: 1
• Date: 7/16/1996
• Title: Water Legislative Report - Colorado Water Congress - July 16 1996 and May 12 1997
• Water Supply Pro - Doc Type: Publication

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~WATER LEGISLATIVE REPORT
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July 16, 199

Provides that the prohibition against local government action
pertaining to'pesticides does not limit the authority of a local governmen
to take certa~n specified actions, including zoning for the sale or storag
of pesticidesi adoption and enforcement of building and fire codes, action
authorized or'required by federal or state law, actions necessary to avoid
fine or other penalty, regulation of the use of pesticides on loca
government land, and issuance of general occupational licenses. Requires
local government that promulgates a regulation regarding pesticides to fil
with the department of agriculture a copy of the ordinance and a map or lega
description of the geographic area intended to be regulated.

In addit'ion to existing penal ties, authorizes
agriculture ~o discipline a license holder through
probation of the holder's license.

the
the

commissioner
restriction

o
o

Authoriz~s the commissioner of agriculture to establish an examination
grading fee 'for qualified supervisor and certified operator license
examinations to pay the actual administrative costs incurred in the grading
of examinations. Authorizes the department of agriculture to provide
education programs for urban residents and firefighters regarding pesticides.

Requires ~ hearing regarding a violation to be held within a reasonable
period of time, rather than immediately. Directs final disciplinary actions
to be appealed to the court of appeals rather than the district court.
Provides that a person who is the subject of a proceeding has the right to a
written noticejand an opportunity to present arguments prior to imposition of
discipline, r4ther than being allowed a right to cure, in. the following
cases:
.
.
.

Deliberate or willful violations;
Violations of labeling directions or requirements; and
Actions or omissions causing or threatening substantial
harm, to the public health and safety.

danger or

Authorizes any court of
commissioner' of agriculture,
Applicators' Act".

competent jurisdiction, in addition to the
to impose civil fines under the "Pesticide

I
Extends the automatic termination date of the authority of the
commissioner of agriculture to license commercial applicators of pesticides,
qualified supervisors, and certified operators to July I, 2006.

APPROVED by Go"'ernor June 1, 1996

EFFECTIVE July 1, 1996

S. B. 96-090 \feather modification
permit aoplications and fees - reports
issuance under sunset law. Eliminates
operators.

elimination of operator licensina
by operators - continuation of permit
the licensing of weather modification