(1) There is created in the state treasury the agriculture management fund. The fund consists of money transferred pursuant to section 38-13-801.5 (3), any money realized from the sale of the inspection and consumer services division facility and other real property associated with that facility that are all located in the Highlands neighborhood of Denver, Colorado, and any money realized from the sale of the warehouse and storage facility located at 5000 Packing House Road, Denver, Colorado. The department shall use such money to fund agricultural efforts approved by the commissioner, including, but not limited to, funding additional department employees necessary to implement and manage approved programs. Money may be used for direct assistance or grant assistance for conservation districts created pursuant to article 70 of this title 35. Money in the fund may be used for expenses related to the department's office consolidation as authorized by House Bill 13-1234, enacted in 2013, and as authorized by House Bill 16-1460, enacted in 2016. Money in the fund is subject to annual appropriation to the department. Any money not expended or encumbered from any appropriation at the end of any fiscal year shall remain available for expenditure in the next fiscal year without further appropriation. All interest derived from the deposit and investment of money in the fund shall be credited to the fund and shall not be transferred or credited to the general fund or any other fund.
(2) (a) On June 30, 2025, the state treasurer shall transfer six hundred twenty thousand dollars from the agriculture management fund to the general fund.
(b) This subsection (2) is repealed, effective July 1, 2026.
Source: L. 2008: Entire section added, p. 865, � 3, effective January 22, 2009. L. 2013: Entire section amended, (HB 13-1234), ch. 170, p. 616, � 3, effective May 10. L. 2016: Entire section amended, (HB 16-1460), ch. 320, p. 1299, � 3, effective June 10. L. 2019: Entire section amended, (SB 19-088), ch. 110, p. 468, � 14, effective July 1, 2020. L. 2025: Entire section amended, (SB 25-264), ch. 129, p. 508, � 41, effective April 25.
Cross references: For the legislative declaration in the 2013 act amending this section, see section 1 of chapter 170, Session Laws of Colorado 2013. For the legislative declaration in HB 16-1460, see section 1 of chapter 320, Session Laws of Colorado 2016.
35-1-107. Commissioner of agriculture - report - publications - deputy commissioner - rules. (1) The commissioner of agriculture shall be the chief administrative officer of the department of agriculture and shall have direct control and management of its functions, subject only to the powers and duties of the commission as prescribed in this article. The commissioner shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The commissioner shall be allowed traveling and subsistence expenses actually and necessarily incurred in the performance of official duties. The commissioner shall maintain an office at the state capitol buildings group and shall be custodian of all property and records of the department.
(2) The commissioner shall require of the head of each agency assigned to the department an annual report containing such information and submitted at such time as the commissioner shall decide.
(3) The commissioner shall exercise control over publications of the department and subordinate units thereof and shall cause such publications as are approved for circulation in quantity outside the executive branch to be issued in accordance with the provisions of section 24-1-136, C.R.S.
(4) The commissioner may appoint the deputy commissioner of agriculture, pursuant to section 13 of article XII of the state constitution. Subject to the supervision of the commissioner, the deputy commissioner shall have all the powers, duties, and responsibilities of the commissioner, as provided by law, and shall exercise such powers, duties, and responsibilities in the absence of the commissioner and when so instructed by the commissioner.
(5) The commissioner is authorized to adopt all reasonable rules for the implementation of articles 12, 13, 14, 21, 33, 36, and 60 of this title 35 and part 2 of article 43 of this title 35. Such rules may include, but are not limited to:
(a) The establishment of classifications and subclassifications for any license authorized under said articles; and
(b) The establishment of any penalty fees that may be assessed for violations of said articles or of rules adopted under said articles or under this section.
(6) The commissioner is authorized to accept gifts, grants, and donations of any kind from any private or public source and, upon receipt, shall transmit all such gifts, grants, or donations to the state treasurer, who shall credit the same to the inspection and consumer services cash fund created in section 35-1-106.5.
(7) The commissioner is authorized to enter into cooperative agreements with any agency or political subdivision of this state or any other state, or with any agency of the United States government, for the purpose of carrying out the provisions of this article, receiving gifts, grants, or donations, securing uniformity of rules, and entering into reciprocal licensing agreements.
(8) Repealed.
Source: L. 49: p. 192, � 7. CSA: C. 5, � 13(9). CRS 53: � 6-1-7. L. 55: p. 134, � 2. C.R.S. 1963: � 6-1-7. L. 64: p. 122, � 22. L. 69: p. 107, � 2. L. 71: p. 105, � 15. L. 77: (4) added, p. 1576, � 1, effective May 16. L. 83: (2) and (3) amended, p. 841, � 68, effective July 1. L. 96: (2) amended, p. 1218, � 10, effective August 7. L. 2003: (1) and (3) amended and (5), (6), and (7) added, p. 1724, � 4, effective May 14. L. 2005: (6) amended, p. 1268, � 3, effective July 1. L. 2007: (6) amended, p. 1903, � 3, effective July 1. L. 2009: (8) added, (SB 09-158), ch. 387, p. 2094, � 2, effective August 5. L. 2018: IP(5) amended, (HB 18-1375), ch. 274, p. 1718, � 74, effective May 29. L. 2020: IP(5) amended, (HB 20-1213), ch. 160, p. 755, � 10, effective June 29.
Editor's note: Subsection (8)(b) provided for the repeal of subsection (8), effective February 1, 2010. (See L. 2009, p. 2094.)
Cross references: For the legislative declaration contained in the 1996 act amending subsection (2), see section 1 of chapter 237, Session Laws of Colorado 1996.
35-1-107.5. Relief program for agricultural events organizations - created - definitions - report - repeal. (Repealed)
Source: L. 2021: Entire section added, (HB 21-1262), ch. 373, p. 2467, � 1, effective June 29.
Editor's note: Subsection (5) provided for the repeal of this section, effective December 31, 2022. (See L. 2021, p. 2467.)
35-1-107.7. Support for national western stock show - administration by commissioner - report - repeal. (Repealed)
Source: L. 2021: Entire section added, (HB 21-1262), ch. 373, p. 2467, � 1, effective June 29.
Editor's note: Subsection (3) provided for the repeal of this section, effective December 31, 2022. (See L. 2021, p. 2467.)