(1) In addition to all
other powers and duties conferred upon the commission by this article 1, the
commission has the following specific powers and duties:
(a) To formulate the general policy with respect to the management of the
department of agriculture and the general policy with respect to the enforcement
of regulatory and service laws, rules, and regulations pertaining to agriculture;
(b) To make or cause to be made, within the limits of appropriations, such
studies as it deems necessary to guide the commissioner concerning the
agricultural policy of this state;
(c) To advise and make recommendations to the governor and the general
assembly on matters pertaining to agriculture within this state;
(d) To require the preparation and transmittal by the commissioner of an
annual departmental report and to establish publication policies for the department
in accordance with the provisions of section 24-1-136, C.R.S.;
(e) To furnish the commissioner with advice on any agricultural or livestock
problem with which the commissioner may be confronted;
(f) To promulgate and adopt all department of agriculture budgets for
submission to the controller of this state in accordance with law and to approve and
pass upon all annual budgets for expenditures of money from the various funds of
the department and to review such budgets at each meeting of the commission;
(g) To approve prior to their release all rules and regulations issued by the
commissioner and considered necessary and proper to carry out the provisions of
this article;
(h) To hold hearings, administer oaths, subpoena witnesses, and take
testimony in all matters relating to the exercise and performance of the powers and
duties of the commission. Upon the failure or refusal of any witness to obey any
subpoena, the commission may petition the district court, and, upon proper
showing, the court may order a witness to appear and testify or produce
documentary evidence. Failure to obey the order of the court shall be punishable as
contempt of court.
(i) To establish and appoint, as it may deem necessary or advisable, such
advisory committees from the groups affected to advise and confer with the
commission or the commissioner concerning aspects of agricultural or livestock
products, marketing, disease, or any other pertinent matter;
(j) If not already required by law, to require and fix the bonds of such
employees of the department as may be deemed necessary;
(k) To avoid duplication of effort within the department and to clarify
responsibilities under this title 35 (except part 2 of article 7 and articles 14, 42, 51,
65, 70, and 72) and article 24 of title 30; to enter into cooperative agreements with
the state board of health, the board of governors of the Colorado state university
system, or any other state board or commission that is authorized by law to perform
like or similar duties to those delegated by law to this commission, wherein it shall
be prescribed whether this commission, the state board of health, the board of
governors of the Colorado state university system, or such other state board or
commission shall perform and be responsible for the performance of the duties
mentioned in the agreements, so that there is no duplication of effort as between
this commission and the state board of health, the board of governors of the
Colorado state university system, or any other state board or commission; and to
enter into agreements with the state board of health, the board of governors of the
Colorado state university system, or any other state board or commission relative to
the cooperative use by this commission of any laboratories, equipment, or facilities
owned or used by this commission or any other state board or commission;
(l) To employ any person, partnership, or corporation for services in carrying
out the provisions of this title 35 (except part 2 of article 7 and articles 14, 42, 51,
65, 70, and 72) and article 24 of title 30, and not inconsistent with section 13 of
article XII of the state constitution or to provide information, statistics, or data
deemed beneficial by the commission to livestock and agriculture in the state of
Colorado;
(m) The commission shall act only by resolution adopted at a duly called
meeting of the commission, and no individual member of the commission shall
exercise individually any administrative authority with respect to the department;
(n) To comply with the requirements of section 24-1-136.5, C.R.S., concerning
the preparation of operational master plans, facilities master plans, and facilities
program plans, as if the commission were the executive director of the department;
(o) To promulgate rules requiring the owners of alternative livestock, as
defined in section 35-41.5-102 (1), to obtain certification showing that the
alternative livestock herd meets the requirements of a tuberculosis surveillance
plan approved by the state veterinarian and meets regulations pertaining to the
control of infectious diseases and parasites as determined by the department. This
paragraph (o) shall not apply if the owner of the alternative livestock is a zoological
park that is accredited by the American zoo and aquarium association; except that
any intrastate transfer of alternative livestock by a zoological park that is
accredited by the American zoo and aquarium association to any person or entity
that is not accredited by the American zoo and aquarium association is subject to
the rules of the commission adopted under this paragraph (o).
(p) (I) In consultation with interested industry groups, to fix, assess, and
collect fees in amounts sufficient to recover the department's direct and indirect
costs incurred in carrying out and enforcing the provisions of articles 12, 13, 14, 33,
36, and 60 of this title 35, part 1 of article 21 of this title 35, and part 2 of article 43
of this title 35.
(II) Fees established pursuant to this paragraph (p) that exceed the amount
of any corresponding fees that were in effect as of April 1, 2003, and any new or
additional fees established after April 1, 2003, shall be reported, on or before
December 1 of each year, to the agriculture, natural resources and energy
committee of the senate and the agriculture, livestock, and natural resources
committee of the house of representatives.
(III) (Deleted by amendment, L. 2007, p. 1902, � 1, effective July 1, 2007.)
(2) The parks and wildlife commission shall review the rules concerning
alternative livestock proposed by the commission pursuant to paragraph (o) of
subsection (1) of this section and shall make recommendations to the commission
concerning such rules. The commission shall not adopt or implement rules
concerning alternative livestock that impact native big game wildlife without the
prior approval of the parks and wildlife commission. In addition, the parks and
wildlife commission may propose rules to the commission designed to protect
native big game wildlife.