1997
HOUSE BILL 971027
BY REPRESENTATIVES Entz, K. Alexander, Sullivant, and Young;
also SENATORS Ament and Bishop.
CONCERNING AN ELEMENT OF PROOF THE COMMISSIONER OF
AGRICULTURE WILL NOT HAVE TO SATISFY WHEN ENFORCING THE "PEST
CONTROL ACT".
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 354103
(3), Colorado Revised Statutes, 1995 Repl. Vol., as amended, is
amended to read:
354103. Administration.
(3) Whenever the commissioner possesses sufficient
evidence satisfactory to the commissioner indicating that a person
has engaged in or is about to engage in any act or practice constituting
a violation of any provision of this article or rule or quarantine,
the commissioner may apply to any court of competent jurisdiction
for an order to temporarily or permanently restrain or enjoin
the act or practice in question and to enforce compliance with
this article or any rule or quarantine or order under this article.
In any such action, the commissioner shall not be required to
plead or prove IRREPARABLE INJURY OR the inadequacy of the remedy
at law. Under no circumstances shall the court require the commissioner
to post a bond.
SECTION 2. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO