Colorado 2023 Regular Session

Colorado Senate Bill SB192 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0327.01 Jennifer Berman x3286
1	8		SENATE BILL 23-192
2		-	BY SENATOR(S) Priola and Roberts, Marchman, Pelton B., Pelton R.,
3		-	Simpson, Cutter, Jaquez Lewis;
4		-	also REPRESENTATIVE(S) Kipp and McLachlan, Amabile, Bird,
5		-	Boesenecker, Brown, Joseph, Lindsay, Lukens, Martinez, Ricks, Snyder,
6		-	Valdez, McCluskie.
	9	+	Senate Committees House Committees
	10	+	Agriculture & Natural Resources Agri culture, Water & Natural Resources
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
7	13		C
8		-	ONCERNING THE CONTINUATION OF THE "PESTICIDE APPLICATORS' ACT",
9		-	AND, IN CONNECTION THEREWITH , IMPLEMENTING
10		-	RECOMMENDATIONS CONTAINED IN THE
11		-	2022 SUNSET REPORT BY THE
12		-	DEPARTMENT OF REGULATORY AGENCIES REGARDING THE ACT
13		-	, AND
14		-	MAKING AN APPROPRIATION
15		-	.
16		-
17		-	Be it enacted by the General Assembly of the State of Colorado:
18		-	SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal
19		-	(24)(a)(I); and add (35)(a)(V) as follows:
20		-	24-34-104. General assembly review of regulatory agencies and
21		-	functions for repeal, continuation, or reestablishment - legislative
22		-	declaration - repeal. (24) (a) The following agencies, functions, or both,
23		-	are scheduled for repeal on September 1, 2023:
24		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
25		-	officers and the Governor. To determine whether the Governor has signed the bill
26		-	or taken other action on it, please consult the legislative status sheet, the legislative
27		-	history, or the Session Laws.
28		-	________
29		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30		-	through words or numbers indicate deletions from existing law and such material is not part of
31		-	the act. (I) The regulation by the commissioner of agriculture of the
32		-	application of pesticides in accordance with article 10 of title 35, C.R.S.;
33		-	(35) (a) The following agencies, functions, or both, are scheduled
34		-	for repeal on September 1, 2034:
	14	+	ONCERNING THE CONTINUATION OF THE "PESTICIDE APPLICATORS'101
	15	+	A
	16	+	CT", AND, IN CONNECTION THEREWITH , IMPLEMENTING102
	17	+	RECOMMENDATIONS CONTAINED IN THE 2022 SUNSET REPORT103
	18	+	BY THE DEPARTMENT OF RE GULATORY AGENCIES REGARDING104
	19	+	THE ACT, AND MAKING AN APPROPRIATION .
	20	+	105
	21	+	Bill Summary
	22	+	(Note: This summary applies to this bill as introduced and does
	23	+	not reflect any amendments that may be subsequently adopted. If this bill
	24	+	passes third reading in the house of introduction, a bill summary that
	25	+	applies to the reengrossed version of this bill will be available at
	26	+	http://leg.colorado.gov/
	27	+	.)
	28	+	Sunset Process - Senate Agriculture and Natural Resources
	29	+	Committee. The bill implements some of the recommendations of the
	30	+	HOUSE
	31	+	3rd Reading Unamended
	32	+	April 29, 2023
	33	+	HOUSE
	34	+	2nd Reading Unamended
	35	+	April 26, 2023
	36	+	SENATE
	37	+	3rd Reading Unamended
	38	+	April 17, 2023
	39	+	SENATE
	40	+	Amended 2nd Reading
	41	+	April 14, 2023
	42	+	SENATE SPONSORSHIP
	43	+	Priola and Roberts, Marchman, Pelton B., Pelton R., Simpson, Cutter, Jaquez Lewis
	44	+	HOUSE SPONSORSHIP
	45	+	Kipp and McLachlan, Amabile, Bird, Boesenecker, Brown, Joseph, Lindsay, Lukens,
	46	+	Martinez, McCluskie, Ricks, Snyder, Valdez
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. department of regulatory agencies, as contained in the department's sunset
	50	+	review of the "Pesticide Applicators' Act" (act), as follows:
	51	+	! Sections 1 and 2 of the bill continue the act for 11 years,
	52	+	until September 1, 2034;
	53	+	! Section 3 updates the statutory definition of "use" to align
	54	+	with the federal definition adopted by the federal
	55	+	environmental protection agency;
	56	+	! Section 4 increases the maximum civil penalty for a
	57	+	violation of the act from $1,000 to $2,500 for the first
	58	+	violation, which results in the possibility of a maximum
	59	+	civil penalty of $5,000 for a second violation;
	60	+	! Section 5 requires that money collected for civil penalties
	61	+	imposed under the act be transferred to the general fund;
	62	+	! Section 6 requires the commissioner of agriculture
	63	+	(commissioner) to publish and periodically update
	64	+	information on the department of agriculture's website
	65	+	about pesticide applicators' licensing and registration;
	66	+	! Section 7 requires the commissioner to establish an online
	67	+	complaint process;
	68	+	! Section 8 limits the number of terms that members of the
	69	+	advisory committee may serve to 2 terms, but allows a
	70	+	member representing the Colorado state university
	71	+	agricultural experiment station or extension service (CSU)
	72	+	or the Colorado department of public health and
	73	+	environment (CDPHE) to serve on the advisory committee
	74	+	for unlimited terms during the duration of the member's
	75	+	employment with CSU or CDPHE; and
	76	+	! Sections 9 to 11 place language in statutes governing local
	77	+	governments that mirrors the language in the act requiring
	78	+	a local government that adopts an ordinance or resolution
	79	+	about pesticides to submit information to the commissioner
	80	+	about the ordinance or resolution.
	81	+	Be it enacted by the General Assembly of the State of Colorado:1
	82	+	SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal2
	83	+	(24)(a)(I); and add (35)(a)(V) as follows:3
	84	+	24-34-104. General assembly review of regulatory agencies4
	85	+	and functions for repeal, continuation, or reestablishment - legislative5
	86	+	declaration - repeal. (24) (a) The following agencies, functions, or both,6
	87	+	are scheduled for repeal on September 1, 2023:7
	88	+	192-2- (I) The regulation by the commissioner of agriculture of the1
	89	+	application of pesticides in accordance with article 10 of title 35, C.R.S.;2
	90	+	(35) (a) The following agencies, functions, or both, are scheduled3
	91	+	for repeal on September 1, 2034:4
35	92		(V) T
36		-	HE REGULATION OF THE APPLICATION OF PESTICIDES BY THE
37		-	COMMISSIONER OF AGRICULTURE IN ACCORDANCE WITH ARTICLE
38		-	10 OF TITLE
39		-	35.
40		-	SECTION 2. In Colorado Revised Statutes, amend 35-10-128 as
41		-	follows:
	93	+	HE REGULATION OF THE APPLICATION OF PESTICIDES BY THE5
	94	+	COMMISSIONER OF AGRICULTURE IN ACCORDANCE WITH ARTICLE 10 OF6
	95	+	TITLE 35.7
	96	+	SECTION 2. In Colorado Revised Statutes, amend 35-10-128 as8
	97	+	follows:9
42	98		35-10-128. Repeal of article - review of functions. Effective
43		-	September 1, 2023, This article 10 is repealed, Prior to EFFECTIVE
44		-	SEPTEMBER 1, 2034. BEFORE the repeal, THIS ARTICLE 10 IS SCHEDULED FOR
45		-	REVIEW IN ACCORDANCE WITH SECTION
46		-	24-34-104. AS PART OF ITS REVIEW,
47		-	the department of regulatory agencies shall review the regulation by thecommissioner of the application of pesticides pursuant to this article 10 as
48		-	provided for in section 24-34-104, C.R.S., and shall report on the extent of
49		-	local regulation of pesticides pursuant to section 31-15-707 (1)(b) C.R.S.,
50		-	or under the police power of any political subdivision of the state.
51		-	SECTION 3. In Colorado Revised Statutes, 35-10-103, amend the
52		-	introductory portion and (18) as follows:
53		-	35-10-103. Definitions. As used in this article ARTICLE 10, unless
54		-	the context otherwise requires:
55		-	(18) "Use" means: all aspects of the handling of pesticides,
56		-	including but not limited to the mixing, loading, application or
57		-	administration, spill control, and disposal of a pesticide or its container.
58		-	(a) PRE-APPLICATION ACTIVITIES INVOLVING MIXING AND LOADING
59		-	A PESTICIDE
60		-	;
	99	+	10
	100	+	September 1, 2023, This article 10 is repealed, Prior to EFFECTIVE11
	101	+	S
	102	+	EPTEMBER 1, 2034. BEFORE the repeal, THIS ARTICLE 10 IS SCHEDULED12
	103	+	FOR REVIEW IN ACCORDANCE WITH SECTION 24-34-104. AS PART OF ITS13
	104	+	REVIEW, the department of regulatory agencies shall review the regulation
	105	+	14
	106	+	by the commissioner of the application of pesticides pursuant to this15
	107	+	article 10 as provided for in section 24-34-104, C.R.S., and shall report16
	108	+	on the extent of local regulation of pesticides pursuant to section17
	109	+	31-15-707 (1)(b) C.R.S., or under the police power of any political18
	110	+	subdivision of the state.19
	111	+	SECTION 3. In Colorado Revised Statutes, 35-10-103, amend20
	112	+	the introductory portion and (18) as follows:21
	113	+	35-10-103. Definitions. As used in this article ARTICLE 10, unless22
	114	+	the context otherwise requires:23
	115	+	(18) "Use" means: all aspects of the handling of pesticides,24
	116	+	including but not limited to the mixing, loading, application or25
	117	+	administration, spill control, and disposal of a pesticide or its container.26
	118	+	27
	119	+	192
	120	+	-3- 1
	121	+	(a) P
	122	+	RE-APPLICATION ACTIVITIES INVOLVING MIXING AND LOADING
	123	+	2
	124	+	A PESTICIDE;3
61	125		(b) A
62	126		PPLYING THE PESTICIDE, INCLUDING SUPERVISING THE USE OF
63		-	A PESTICIDE BY A NONCERTIFIED APPLICATOR
64		-	; AND
65		-	(c) OTHER PESTICIDE-RELATED ACTIVITIES, INCLUDING:
66		-	PAGE 2-SENATE BILL 23-192 (I) TRANSPORTING OR STORING PESTICIDE CONTAINERS THAT HAVE
67		-	BEEN OPENED
68		-	;
	127	+	4
	128	+	A PESTICIDE BY A NONCERTIFIED APPLICATOR; AND5
	129	+	(c) O
	130	+	THER PESTICIDE-RELATED ACTIVITIES, INCLUDING:
	131	+	6
	132	+	(I) T
	133	+	RANSPORTING OR STORING PESTICIDE CONTAINERS THAT HAVE
	134	+	7
	135	+	BEEN OPENED;8
69	136		(II) C
70	137		LEANING EQUIPMENT; AND
71		-	(III) DISPOSING OF EXCESS PESTICIDES, SPRAY MIX, EQUIPMENT
72		-	WASH WATER
73		-	, PESTICIDE CONTAINERS, AND OTHER PESTICIDE-CONTAINING
74		-	MATERIALS
75		-	.
76		-	SECTION 4. In Colorado Revised Statutes, 35-10-112, amend
77		-	(1)(a) and (1)(c)(I)(A); and add (1)(c)(III) and (1)(f) as follows:
78		-	35-10-112. Notification requirements - registry of
79		-	pesticide-sensitive persons - preemption - rules. (1) (a) (I) The
80		-	commissioner shall promulgate rules for the establishment of a registry of
81		-	pesticide-sensitive persons to be maintained by the department.
82		-	Pesticide-sensitive persons may apply to be placed on the registry if they
83		-	can provide proof of medical justification by a physician licensed in
	138	+	9
	139	+	(III) D
	140	+	ISPOSING OF EXCESS PESTICIDES, SPRAY MIX, EQUIPMENT
	141	+	10
	142	+	WASH WATER, PESTICIDE CONTAINERS, AND OTHER PESTICIDE-CONTAINING11
	143	+	MATERIALS.12
	144	+	SECTION 4. In Colorado Revised Statutes, 35-10-112, amend13
	145	+	(1)(a) and (1)(c)(I)(A); and add (1)(c)(III) and (1)(f) as follows:14
	146	+	35-10-112. Notification requirements - registry of15
	147	+	pesticide-sensitive persons - preemption - rules. (1) (a) (I) The16
	148	+	commissioner shall promulgate rules for the establishment of a registry17
	149	+	of pesticide-sensitive persons to be maintained by the department.18
	150	+	Pesticide-sensitive persons may apply to be placed on the registry if they19
	151	+	can provide proof of medical justification by a physician licensed in20
84	152		Colorado in the form and manner prescribed by the commissioner. T
85	153		O
86		-	REMAIN ON THE REGISTRY
87		-	, A PESTICIDE-SENSITIVE PERSON MUST UPDATE the
	154	+	21
	155	+	REMAIN ON THE REGISTRY, A PESTICIDE-SENSITIVE PERSON MUST UPDATE22
	156	+	the
88	157		PERSON'S proof of medical justification shall be updated
89		-	every ~~two years.~~
90		-	The
	158	+	every two23
	159	+	years. The
91	160		DEPARTMENT SHALL UPDATE THE registry shall be updated
92		-	~~at least~~
93		-	annually, and
	161	+	at24
	162	+	least annually, and
94	163		MAKE the published registry shall be made
95		-	readily accessible,
96		-	in a form and manner prescribed by the commissioner, to all commercial,
97		-	registered limited commercial, and registered public applicators on record
98		-	with the commissioner.
	164	+	readily25
	165	+	accessible, in a form and manner prescribed by the commissioner, to all26
	166	+	commercial, registered limited commercial, and registered public27
	167	+	192
	168	+	-4- applicators on record with the commissioner.1
99	169		(II) I
100	170		N APPLYING TO BE PLACED ON THE REGISTRY , A
101		-	~~PESTICIDE~~
102		-	-SENSITIVE PERSON MAY LIST A PRINCIPAL:
	171	+	2
	172	+	PESTICIDE-SENSITIVE PERSON MAY LIST A PRINCIPAL:3
103	173		(A) R
104	174		ESIDENTIAL ADDRESS;
	175	+	4
105	176		(B) E
106	177		MPLOYMENT ADDRESS ; AND
107		-	(C) SCHOOL ADDRESS.
108		-	(c) (I) A commercial, registered limited commercial, or registered
109		-	public applicator, prior to applying a pesticide in any turf or ornamental
110		-	category, shall take reasonable actions to give notice of the date and
111		-	approximate time of any such pesticide application, prior to the application,
112		-	PAGE 3-SENATE BILL 23-192 to any pesticide-sensitive person whose name is on the published registry
113		-	and:
114		-	(A) Who resides on HAS LISTED the property to be treated AS THE
115		-	PERSON
116		-	'S PRINCIPAL RESIDENTIAL, EMPLOYMENT, OR SCHOOL ADDRESS
117		-	PURSUANT TO SUBSECTION
118		-	(1)(a)(II) OF THIS SECTION;
	178	+	5
	179	+	(C) S
	180	+	CHOOL ADDRESS.
	181	+	6
	182	+	(c) (I) A commercial, registered limited commercial, or registered7
	183	+	public applicator, prior to applying a pesticide in any turf or ornamental8
	184	+	category, shall take reasonable actions to give notice of the date and9
	185	+	approximate time of any such pesticide application, prior to the10
	186	+	application, to any pesticide-sensitive person whose name is on the11
	187	+	published registry and:12
	188	+	(A) Who resides on HAS LISTED the property to be treated AS THE13
	189	+	PERSON'S PRINCIPAL RESIDENTIAL, EMPLOYMENT, OR SCHOOL ADDRESS14
	190	+	PURSUANT TO SUBSECTION (1)(a)(II) OF THIS SECTION;15
119	191		(III) I
120	192		N NOTIFYING A PESTICIDE-SENSITIVE PERSON PURSUANT TO
121		-	THIS SECTION
122		-	, A COMMERCIAL, REGISTERED LIMITED COMMERCIAL , OR
123		-	REGISTERED PUBLIC APPLICATOR MAY PROVIDE THE NOTICE
124		-	ELECTRONICALLY
125		-	.
	193	+	16
	194	+	THIS SECTION, A COMMERCIAL, REGISTERED LIMITED COMMERCIAL , OR17
	195	+	REGISTERED PUBLIC APPLICATOR MAY PROVIDE THE NOTICE18
	196	+	ELECTRONICALLY.19
126	197		(f) (I) O
127	198		N OR BEFORE JULY 1, 2024, THE DEPARTMENT SHALL
128		-	DEVELOP A SEARCHABLE DATABASE OF ALL PROPERTIES THAT ABUT
129		-	, OR ARE
130		-	ENTIRELY LOCATED WITHIN TWO HUNDRED FIFTY FEET OF
131		-	, ANY RESIDENTIAL
132		-	PROPERTY LISTED IN THE REGISTRY OF PESTICIDE
133		-	-SENSITIVE PERSONS. IF A
134		-	PROPERTY IS ONLY PARTIALLY LOCATED WITHIN TWO HUNDRED FIFTY FEET
135		-	OF A RESIDENTIAL PROPERTY LISTED IN THE REGISTRY
136		-	, AND DOES NOT ABUT
137		-	THE RESIDENTIAL PROPERTY
138		-	, THE DEPARTMENT SHALL NOT INCLUDE THE
139		-	PROPERTY IN THE SEARCHABLE DATABASE
140		-	.
	199	+	20
	200	+	DEVELOP A SEARCHABLE DATABASE OF ALL PROPERTIES THAT ABUT , OR21
	201	+	ARE ENTIRELY LOCATED WITHIN TWO HUNDRED FIFTY FEET OF , ANY22
	202	+	RESIDENTIAL PROPERTY LISTED IN THE REGISTRY OF PESTICIDE-SENSITIVE23
	203	+	PERSONS. IF A PROPERTY IS ONLY PARTIALLY LOCATED WITHIN TWO24
	204	+	HUNDRED FIFTY FEET OF A RESIDENTIAL PROPERTY LISTED IN THE25
	205	+	REGISTRY, AND DOES NOT ABUT THE RESIDENTIAL PROPERTY , THE26
	206	+	DEPARTMENT SHALL NOT INCLUDE THE PROPERTY IN THE SEARCHABLE27
	207	+	192
	208	+	-5- DATABASE.1
141	209		(II) W
142		-	HEN DEVELOPING THE SEARCHABLE DATABASE PURSUANT TO
143		-	~~THIS SUBSECTION~~
144		-	(1)(f), THE DEPARTMENT MUST:
	210	+	HEN DEVELOPING THE SEARCHABLE DATABASE PURSUANT
	211	+	2
	212	+	TO THIS SUBSECTION (1)(f), THE DEPARTMENT MUST:3
145	213		(A) T
146	214		HROUGH THE COMMISSIONER , ADOPT RULES REQUIRING A
147		-	COMMERCIAL
148		-	, REGISTERED LIMITED COMMERCIAL , OR REGISTERED PUBLIC
149		-	APPLICATOR TO PROVIDE NOTICE TO A PESTICIDE
150		-	-SENSITIVE PERSON IF THE
151		-	COMMERCIAL
152		-	, REGISTERED LIMITED COMMERCIAL , OR REGISTERED PUBLIC
153		-	APPLICATOR TREATS A PROPERTY THAT IS LISTED IN THE SEARCHABLE
154		-	DATABASE AS ABUTTING
155		-	, OR BEING ENTIRELY LOCATED WITHIN TWO
156		-	HUNDRED FIFTY FEET OF
157		-	, THE PESTICIDE SENSITIVE PERSON 'S LISTED
158		-	RESIDENTIAL PROPERTY
159		-	. A COMMERCIAL , REGISTERED LIMITED
160		-	COMMERCIAL
161		-	, OR REGISTERED PUBLIC APPLICATOR IS NOT REQUIRED TO
162		-	PROVIDE NOTICE PURSUANT TO THIS SUBSECTION
163		-	(1)(f)(II)(A) UNLESS AND
164		-	UNTIL THE COMMISSIONER ADOPTS RULES PURSUANT TO THIS SUBSECTION
165		-	(1)(f)(II)(A).
	215	+	4
	216	+	COMMERCIAL, REGISTERED LIMITED COMMERCIAL, OR REGISTERED PUBLIC5
	217	+	APPLICATOR TO PROVIDE NOTICE TO A PESTICIDE-SENSITIVE PERSON IF THE6
	218	+	COMMERCIAL, REGISTERED LIMITED COMMERCIAL, OR REGISTERED PUBLIC7
	219	+	APPLICATOR TREATS A PROPERTY THAT IS LISTED IN THE SEARCHABLE8
	220	+	DATABASE AS ABUTTING , OR BEING ENTIRELY LOCATED WITHIN TWO9
	221	+	HUNDRED FIFTY FEET OF, THE PESTICIDE SENSITIVE PERSON'S LISTED10
	222	+	RESIDENTIAL PROPERTY . A COMMERCIAL, REGISTERED LIMITED11
	223	+	COMMERCIAL, OR REGISTERED PUBLIC APPLICATOR IS NOT REQUIRED TO12
	224	+	PROVIDE NOTICE PURSUANT TO THIS SUBSECTION (1)(f)(II)(A) UNLESS AND13
	225	+	UNTIL THE COMMISSIONER ADOPTS RULES PURSUANT TO THIS SUBSECTION14
	226	+	(1)(f)(II)(A).15
166	227		(B) P
167		-	ERIODICALLY UPDATE THE SEARCHABLE DATABASE AS NEEDED ;
168		-	AND
169		-	PAGE 4-SENATE BILL 23-192 (C) PROVIDE ACCESS TO THE SEARCHABLE DATABASE TO ALL
170		-	COMMERCIAL
171		-	, REGISTERED LIMITED COMMERCIAL, AND REGISTERED PUBLIC
172		-	APPLICATORS
173		-	.
	228	+	ERIODICALLY UPDATE THE SEARCHABLE DATABASE AS
	229	+	16
	230	+	NEEDED; AND17
	231	+	(C) P
	232	+	ROVIDE ACCESS TO THE SEARCHABLE DATABASE TO ALL
	233	+	18
	234	+	COMMERCIAL, REGISTERED LIMITED COMMERCIAL , AND REGISTERED19
	235	+	PUBLIC APPLICATORS.20
174	236		(III) I
175	237		T IS AN AFFIRMATIVE DEFENSE TO AN ALLEGATION THAT A
176		-	COMMERCIAL
177		-	, REGISTERED LIMITED COMMERCIAL , OR REGISTERED PUBLIC
178		-	APPLICATOR VIOLATED RULES ADOPTED PURSUANT TO SUBSECTION
179		-	(1)(f)(II)(A) OF THIS SECTION IF A FAILURE TO NOTIFY A
180		-	PESTICIDE
181		-	-SENSITIVE PERSON OF THE TREATMENT OF A PROPERTY THAT
182		-	ABUTS
183		-	, OR IS LOCATED ENTIRELY WITHIN TWO HUNDRED FIFTY FEET OF , THE
184		-	PESTICIDE
185		-	-SENSITIVE PERSON'S LISTED RESIDENTIAL PROPERTY RESULTED
186		-	FROM THE FACT THAT THE TREATED PROPERTY WAS NOT LISTED IN THE
187		-	SEARCHABLE DATABASE AT THE TIME OF THE TREATMENT
188		-	.
189		-	SECTION 5. In Colorado Revised Statutes, 35-10-122, amend (1)
190		-	as follows:
191		-	35-10-122. Civil penalties. (1) Any person who violates any
192		-	provision of this article or any rule or regulation THIS ARTICLE 10 OR ANY
193		-	RULE
194		-	adopted pursuant to this article
195		-	ARTICLE 10 is subject to a civil
196		-	penalty, as determined by the commissioner or a court of competent
197		-	jurisdiction. The maximum penalty shall not exceed one
198		-	IS TWO thousand
199		-	FIVE HUNDRED dollars per violation; except that such THE penalty may be
200		-	doubled if it is determined, after notice and an opportunity for hearing, that
201		-	the person has violated the provision
202		-	OR rule or regulation for the second
203		-	time.
204		-	SECTION 6. In Colorado Revised Statutes, amend 35-10-126 as
205		-	follows:
206		-	35-10-126. Transfer of money to plant health, pest control, and
207		-	environmental protection cash fund - fees. (1) All fees and civil fines
208		-	collected pursuant to this article ARTICLE 10 shall be transmitted to the state
209		-	treasurer, who shall credit the same MONEY to the plant health, pest control,
210		-	and environmental protection cash fund created in section 35-1-106.3.
	238	+	21
	239	+	COMMERCIAL, REGISTERED LIMITED COMMERCIAL, OR REGISTERED PUBLIC22
	240	+	APPLICATOR VIOLATED RULES ADOPTED PURSUANT TO SUBSECTION23
	241	+	(1)(f)(II)(A)
	242	+	OF THIS SECTION IF A FAILURE TO NOTIFY A
	243	+	24
	244	+	PESTICIDE-SENSITIVE PERSON OF THE TREATMENT OF A PROPERTY THAT25
	245	+	ABUTS, OR IS LOCATED ENTIRELY WITHIN TWO HUNDRED FIFTY FEET OF ,26
	246	+	THE PESTICIDE-SENSITIVE PERSON'S LISTED RESIDENTIAL PROPERTY27
	247	+	192
	248	+	-6- RESULTED FROM THE FACT THAT THE TREATED PROPERTY WAS NOT LISTED1
	249	+	IN THE SEARCHABLE DATABASE AT THE TIME OF THE TREATMENT .2
	250	+	SECTION 5. In Colorado Revised Statutes, 35-10-122, amend3
	251	+	(1) as follows:4
	252	+	35-10-122. Civil penalties. (1) Any person who violates any5
	253	+	provision of this article or any rule or regulation THIS ARTICLE 10 OR ANY6
	254	+	RULE adopted pursuant to this article ARTICLE 10 is subject to a civil7
	255	+	penalty, as determined by the commissioner or a court of competent8
	256	+	jurisdiction. The maximum penalty shall not exceed one IS TWO thousand9
	257	+	FIVE HUNDRED dollars per violation; except that such THE penalty may be10
	258	+	doubled if it is determined, after notice and an opportunity for hearing,11
	259	+	that the person has violated the provision
	260	+	OR rule or regulation
	261	+	for the12
	262	+	second time.13
	263	+	SECTION 6. In Colorado Revised Statutes, amend 35-10-126 as14
	264	+	follows:15
	265	+	35-10-126. Transfer of money to plant health, pest control,16
	266	+	and environmental protection cash fund - fees. (1) All fees and civil17
	267	+	fines collected pursuant to this article ARTICLE 10 shall be transmitted to18
	268	+	the state treasurer, who shall credit the same MONEY to the plant health,19
	269	+	pest control, and environmental protection cash fund created in section20
	270	+	35-1-106.3.21
211	271		(2) A
212		-	LL CIVIL PENALTIES COLLECTED PURSUANT TO SECTION
213		-	35-10-122 SHALL BE TRANSMITTED TO THE STATE TREASURER , WHO SHALL
214		-	CREDIT THE MONEY TO THE GENERAL FUND
215		-	.
216		-	PAGE 5-SENATE BILL 23-192 SECTION 7. In Colorado Revised Statutes, 35-10-124, add (3) as
217		-	follows:
218		-	35-10-124. Information - use and handling of pesticides -
219		-	enforcement action - credentialing information - definition. (3) (a) T
220		-	HE
221		-	COMMISSIONER SHALL
222		-	:
	272	+	LL CIVIL PENALTIES COLLECTED PURSUANT TO SECTION22
	273	+	35-10-122
	274	+	SHALL BE TRANSMITTED TO THE STATE TREASURER , WHO SHALL23
	275	+	CREDIT THE MONEY TO THE GENERAL FUND .24
	276	+	SECTION 7.
	277	+	In Colorado Revised Statutes, 35-10-124, add (3)25
	278	+	as follows:26
	279	+	35-10-124. Information - use and handling of pesticides -27
	280	+	192
	281	+	-7- enforcement action - credentialing information - definition.1
	282	+	(3) (a) T
	283	+	HE COMMISSIONER SHALL:2
223	284		(I) P
224		-	UBLISH AND PERIODICALLY UPDATE INFORMATION ON THE
225		-	DEPARTMENT
226		-	'S WEBSITE INFORMING CONSUMERS ABOUT WHICH PESTICIDE
227		-	APPLICATORS ARE CREDENTIALED IN COMPLIANCE WITH THIS ARTICLE
228		-	10;
229		-	AND
230		-	(II) PROVIDE THE CREDENTIALING INFORMATION SPECIFIED IN
231		-	SUBSECTION
232		-	(3)(a)(I) OF THIS SECTION IN A MANNER THAT MEMBERS OF THE
233		-	PUBLIC MAY EASILY ACCESS AND SEARCH ON THE WEBSITE
234		-	.
	285	+	UBLISH AND PERIODICALLY UPDATE INFORMATION ON THE3
	286	+	DEPARTMENT'S WEBSITE INFORMING CONSUMERS ABOUT WHICH PESTICIDE4
	287	+	APPLICATORS ARE CREDENTIALED IN COMPLIANCE WITH THIS ARTICLE 10;5
	288	+	AND6
	289	+	(II) P
	290	+	ROVIDE THE CREDENTIALING INFORMATION SPECIFIED IN7
	291	+	SUBSECTION (3)(a)(I) OF THIS SECTION IN A MANNER THAT MEMBERS OF8
	292	+	THE PUBLIC MAY EASILY ACCESS AND SEARCH ON THE WEBSITE .9
235	293		(b) A
236		-	S USED IN THIS SUBSECTION (3), "CREDENTIALED" MEANS
237		-	HAVING A VALID LICENSE OR REGISTRATION ISSUED PURS UANT TO THIS
238		-	ARTICLE
239		-	10.
240		-	SECTION 8. In Colorado Revised Statutes, 35-10-118, add (9.7)
241		-	as follows:
242		-	35-10-118. Powers and duties of the commissioner. (9.7) (a) T
243		-	HE
244		-	COMMISSIONER SHALL
245		-	:
	294	+	S USED IN THIS SUBSECTION (3), "CREDENTIALED" MEANS10
	295	+	HAVING A VALID LICENSE OR REGISTRATION ISSUED PURSUANT TO THIS11
	296	+	ARTICLE 10.12
	297	+	SECTION 8.
	298	+	In Colorado Revised Statutes, 35-10-118, add (9.7)13
	299	+	as follows:14
	300	+	35-10-118. Powers and duties of the commissioner.15
	301	+	(9.7) (a) T
	302	+	HE COMMISSIONER SHALL:16
246	303		(I) D
247		-	EVELOP AN ONLINE COMPLAINT PROCESS ON ~~THE DEPARTMENT 'S~~
248		-	WEBSITE THAT ALLOWS MEMBERS OF THE PUBLIC TO ~~FILL OUT AND SUBMIT~~
249		-	A COMPLAINT FORM ONLINE
250		-	~~; AND~~
251		-	~~(II) PROVIDE~~ THE COMPLAINT FORM IN A MANNER THAT IS :
	304	+	EVELOP AN ONLINE COMPLAINT PROCESS ON THE17
	305	+	DEPARTMENT'S WEBSITE THAT ALLOWS MEMBERS OF THE PUBLIC TO FILL18
	306	+	OUT AND SUBMIT A COMPLAINT FORM ONLINE ; AND19
	307	+	(II) P
	308	+	ROVIDE THE COMPLAINT FORM IN A MANNER THAT IS :20
252	309		(A) E
253		-	ASILY ACCESSIBLE ON THE DEPARTMENT 'S WEBSITE;
	310	+	ASILY ACCESSIBLE ON THE DEPARTMENT 'S WEBSITE;21
254	311		(B) U
255		-	SER-FRIENDLY;
	312	+	SER-FRIENDLY;22
256	313		(C) P
257		-	RINTABLE; AND
258		-	(D) ACCOMPANIED BY EASY-TO-FOLLOW INSTRUCTIONS.
259		-	PAGE 6-SENATE BILL 23-192 (b) THE COMPLAINT FORM OR THE INSTRUCTIONS ACCOMPANYING
260		-	THE COMPLAINT FORM MUST INCLUDE THE DEPARTMENT
261		-	'S MAILING ADDRESS
262		-	SO THAT A MEMBER OF THE PUBLIC MAY CHOOSE TO PRINT AND SUBMIT THE
263		-	COMPLAINT FORM BY MAIL INSTEAD OF ELECTRONICALLY
264		-	.
265		-	SECTION 9. In Colorado Revised Statutes, 35-10-125, amend (4)
266		-	as follows:
267		-	35-10-125. Advisory committee. (4) The appointment of theformulator, the commercial applicator engaged in the control of agricultural
268		-	crop pests, and one of the representatives from a registered public applicator
269		-	shall expire on January 1, 1991; and the appointment of the commercial
270		-	applicator engaged in the control of turf or ornamental pests, the
271		-	representative from the general public who is actively engaged in
272		-	agricultural production, the qualified supervisor employed by a registered
273		-	limited commercial applicator, and the representative from the department
274		-	of health shall expire on January 1, 1992. The initial appointment of all
275		-	other members shall be for a term of three years. Thereafter, the
276		-	appointment of Each member to OF the committee shall be for SERVES a
277		-	term of three years
278		-	AND MAY SERVE A MAXIMUM OF TWO CONSECUTIVE
279		-	TERMS ON THE COMMITTEE
280		-	; EXCEPT THAT A COMMITTEE MEMBER APPOINTED
281		-	PURSUANT TO SUBSECTION
282		-	(2)(g) OR (2)(h) OF THIS SECTION MAY SERVE
283		-	UNLIMITED TERMS FOR THE DURATION OF THE COMMITTEE MEMBER
284		-	'S
285		-	EMPLOYMENT BY THE AGENCY THAT THE COMMITTEE MEMBER REPRESENTS
286		-	.
287		-	SECTION 10. In Colorado Revised Statutes, add 29-20-110 as
288		-	follows:
289		-	29-20-110. Local government regulation of pesticide use -
	314	+	RINTABLE; AND23
	315	+	(D) A
	316	+	CCOMPANIED BY EASY-TO-FOLLOW INSTRUCTIONS.24
	317	+	(b) T
	318	+	HE COMPLAINT FORM OR THE INSTRUCTIONS ACCOMPANYING25
	319	+	THE COMPLAINT FORM MUST INCLUDE THE DEPARTMENT 'S MAILING26
	320	+	ADDRESS SO THAT A MEMBER OF THE PUBLIC MAY CHOOSE TO PRINT AND27
	321	+	192
	322	+	-8- SUBMIT THE COMPLAINT FORM BY MAIL INSTEAD OF ELECTRONICALLY .1
	323	+	SECTION 9. In Colorado Revised Statutes, 35-10-125, amend2
	324	+	(4) as follows:3
	325	+	35-10-125. Advisory committee. (4) The appointment of the4
	326	+	formulator, the commercial applicator engaged in the control of5
	327	+	agricultural crop pests, and one of the representatives from a registered6
	328	+	public applicator shall expire on January 1, 1991; and the appointment of7
	329	+	the commercial applicator engaged in the control of turf or ornamental8
	330	+	pests, the representative from the general public who is actively engaged9
	331	+	in agricultural production, the qualified supervisor employed by a10
	332	+	registered limited commercial applicator, and the representative from the11
	333	+	department of health shall expire on January 1, 1992. The initial12
	334	+	appointment of all other members shall be for a term of three years.13
	335	+	Thereafter, the appointment of Each member to OF the committee shall be14
	336	+	for SERVES a term of three years AND MAY SERVE A MAXIMUM OF TWO15
	337	+	CONSECUTIVE TERMS ON THE COMMITTEE ; EXCEPT THAT A COMMITTEE16
	338	+	MEMBER APPOINTED PURSUANT TO SUBSECTION (2)(g) OR (2)(h) OF THIS17
	339	+	SECTION MAY SERVE UNLIMITED TERMS FOR THE DURATION OF THE18
	340	+	COMMITTEE MEMBER 'S EMPLOYMENT BY THE AGENCY THAT THE19
	341	+	COMMITTEE MEMBER REPRESENTS .20
	342	+	SECTION 10. In Colorado Revised Statutes, add 29-20-110 as21
	343	+	follows:22
	344	+	29-20-110. Local government regulation of pesticide use -23
290	345		definitions. (1) A
291		-	LOCAL GOVERNMENT THAT ADOPTS AN ORDINANCE ~~THAT~~
292		-	~~CONCERNS PESTICIDES~~
293		-	, INCLUDING AN ORDINANCE ~~ADOPTED PURSUANT TO~~
294		-	SECTION
295		-	~~31-15-707 (1)(b), SHALL FILE~~ THE ~~FOLLOWING~~ WITH ~~THE~~
296		-	~~COMMISSIONER OF AGRICULTURE IN ACCORDANCE WITH SECTION~~
297		-	35-10-112.5 (4):
	346	+	LOCAL GOVERNMENT THAT ADOPTS AN ORDINANCE
	347	+	24
	348	+	THAT CONCERNS PESTICIDES , INCLUDING AN ORDINANCE ADOPTED25
	349	+	PURSUANT TO SECTION 31-15-707 (1)(b), SHALL FILE THE FOLLOWING26
	350	+	WITH THE COMMISSIONER OF AGRICULTURE IN ACCORDANCE WITH SECTION27
	351	+	192
	352	+	-9- 35-10-112.5 (4):1
298	353		(a) A
299		-	CERTIFIED COPY OF THE ORDINANCE; AND
300		-	(b) A MAP OR LEGAL DESCRIPTION OF THE GEOGRAPHIC AREA THAT
301		-	THE LOCAL GOVERNMENT INTENDS TO REGULATE UNDER THE ORDINANCE
302		-	.
303		-	PAGE 7-SENATE BILL 23-192 (2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
304		-	REQUIRES
305		-	:
	354	+	CERTIFIED COPY OF THE ORDINANCE
	355	+	; AND2
	356	+	(b) A
	357	+	MAP OR LEGAL DESCRIPTION OF THE GEOGRAPHIC AREA THAT3
	358	+	THE LOCAL GOVERNMENT INTENDS TO REGULATE UNDER THE ORDINANCE4
	359	+
	360	+	.5
	361	+	(2) A
	362	+	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE6
	363	+	REQUIRES:7
306	364		(a) "C
307		-	OMMISSIONER OF AGRICULTURE " MEANS THE COMMISSIONER
308		-	OF THE DEPARTMENT OF AGRICULTURE APPOINTED PURSUANT TO SECTION
309		-	35-1-107 (1) OR THE COMMISSIONER'S DESIGNEE.
	365	+	OMMISSIONER OF AGRICULTURE" MEANS THE COMMISSIONER8
	366	+	OF THE DEPARTMENT OF AGRICULTURE APPOINTED PURSUANT TO SECTION9
	367	+	35-1-107
	368	+	(1) OR THE COMMISSIONER'S DESIGNEE.10
310	369		(b) "P
311		-	ESTICIDE" HAS THE MEANING SET FORTH IN SECTION 35-10-103
312		-	(10).
313		-	SECTION 11. In Colorado Revised Statutes, add 30-11-131 as
314		-	follows:
315		-	30-11-131. Regulation of pesticide use - definitions. (1) A
316		-	BOARD
317		-	OF COUNTY COMMISSIONERS THAT ADOPTS AN ORDINANCE THAT CONCERNS
318		-	PESTICIDES SHALL FILE THE FOLLOWING WITH THE COMMISSIONER OF
319		-	AGRICULTURE IN ACCORDANCE WITH SECTION
320		-	35-10-112.5 (4):
	370	+	ESTICIDE" HAS THE MEANING SET FORTH IN SECTION11
	371	+	35-10-103
	372	+	(10).12
	373	+	SECTION 11.
	374	+	In Colorado Revised Statutes, add 30-11-131 as13
	375	+	follows:14
	376	+	30-11-131. Regulation of pesticide use - definitions. (1) A15
	377	+	BOARD OF COUNTY COMMISSIONERS THAT ADOPTS AN ORDINANCE THAT
	378	+	16
	379	+	CONCERNS PESTICIDES SHALL FILE THE FOLLOWING WITH THE17
	380	+	COMMISSIONER OF AGRICULTURE IN ACCORDANCE WITH SECTION18
	381	+	35-10-112.5
	382	+	(4):19
321	383		(a) A
322		-	CERTIFIED COPY OF THE ORDINANCE; AND
323		-	(b) A MAP OR LEGAL DESCRIPTION OF THE GEOGRAPHIC AREA THAT
324		-	THE BOARD OF COUNTY COMMISSIONERS INTENDS TO REGULATE UNDER THE
325		-	ORDINANCE
326		-	.
	384	+	CERTIFIED COPY OF THE ORDINANCE
	385	+	; AND20
	386	+	(b) A
	387	+	MAP OR LEGAL DESCRIPTION OF THE GEOGRAPHIC AREA THAT21
	388	+	THE BOARD OF COUNTY COMMISSIONERS INTENDS TO REGULATE UNDER22
	389	+	THE ORDINANCE
	390	+	.23
327	391		(2) A
328		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
329		-	REQUIRES
330		-	:
	392	+	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE24
	393	+	REQUIRES:25
331	394		(a) "C
332		-	OMMISSIONER OF AGRICULTURE " MEANS THE COMMISSIONER
333		-	OF THE DEPARTMENT OF AGRICULTURE APPOINTED PURSUANT TO SECTION
334		-	35-1-107 (1) OR THE COMMISSIONER'S DESIGNEE.
	395	+	OMMISSIONER OF AGRICULTURE" MEANS THE COMMISSIONER26
	396	+	OF THE DEPARTMENT OF AGRICULTURE APPOINTED PURSUANT TO SECTION27
	397	+	192
	398	+	-10- 35-1-107 (1) OR THE COMMISSIONER'S DESIGNEE.1
335	399		(b) "P
336		-	ESTICIDE" HAS THE MEANING SET FORTH IN SECTION 35-10-103
337		-	(10).
338		-	SECTION 12. In Colorado Revised Statutes, add 31-15-905 as
339		-	follows:
	400	+	ESTICIDE" HAS THE MEANING SET FORTH IN SECTION2
	401	+	35-10-103
	402	+	(10).3
	403	+	SECTION 12.
	404	+	In Colorado Revised Statutes, add 31-15-905 as4
	405	+	follows:5
340	406		31-15-905. Regulation of pesticide use - definitions. (1) T
341		-	HE
	407	+	HE6
342	408		GOVERNING BODY OF A MUNICIPALITY THAT ADOPTS AN ORDINANCE THAT
343		-	CONCERNS PESTICIDES
344		-	, INCLUDING AN ORDINANCE ADOPTED PURSUANT TO
345		-	PAGE 8-SENATE BILL 23-192 SECTION 31-15-707 (1)(b), SHALL FILE THE FOLLOWING WITH THE
346		-	COMMISSIONER OF AGRICULTURE IN ACCORDANCE WITH SECTION
347		-	35-10-112.5 (4):
	409	+	7
	410	+	CONCERNS PESTICIDES, INCLUDING AN ORDINANCE ADOPTED PURSUANT TO8
	411	+	SECTION 31-15-707 (1)(b), SHALL FILE THE FOLLOWING WITH THE9
	412	+	COMMISSIONER OF AGRICULTURE IN ACCORDANCE WITH SECTION10
	413	+	35-10-112.5
	414	+	(4):11
348	415		(a) A
349		-	CERTIFIED COPY OF THE ORDINANCE; AND
350		-	(b) A MAP OR LEGAL DESCRIPTION OF THE GEOGRAPHIC AREA THAT
	416	+	CERTIFIED COPY OF THE ORDINANCE
	417	+	; AND12
	418	+	(b) A
	419	+	MAP OR LEGAL DESCRIPTION OF THE GEOGRAPHIC AREA THAT13
351	420		THE GOVERNING BODY INTENDS TO REGULATE UNDER THE ORDINANCE
352		-	.
	421	+	14
	422	+	.15
353	423		(2) A
354		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
355		-	REQUIRES
356		-	:
	424	+	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE16
	425	+	REQUIRES:17
357	426		(a) "C
358		-	OMMISSIONER OF AGRICULTURE " MEANS THE COMMISSIONER
359		-	OF THE DEPARTMENT OF AGRICULTURE APPOINTED PURSUANT TO SECTION
360		-	35-1-107 (1) OR THE COMMISSIONER'S DESIGNEE.
	427	+	OMMISSIONER OF AGRICULTURE" MEANS THE COMMISSIONER18
	428	+	OF THE DEPARTMENT OF AGRICULTURE APPOINTED PURSUANT TO SECTION19
	429	+	35-1-107
	430	+	(1) OR THE COMMISSIONER'S DESIGNEE.20
361	431		(b) "P
362		-	ESTICIDE" HAS THE MEANING SET FORTH IN SECTION 35-10-103
363		-	(10).
	432	+	ESTICIDE" HAS THE MEANING SET FORTH IN SECTION21
	433	+	35-10-103
	434	+	(10).22
364	435		SECTION 13. Appropriation. (1) For the 2023-24 state fiscal
365		-	year, $72,150 is appropriated to the department of agriculture. This
366		-	appropriation is from the plant health, pest control, and environmental
367		-	protection cash fund created in section 35-1-106.3 (1), C.R.S. To implement
368		-	this act, the department may use this appropriation for the purchase of
369		-	information technology services.
370		-	(2) For the 2023-24 state fiscal year, $72,150 is appropriated to the
371		-	office of the governor for use by the office of information technology. This
372		-	appropriation is from reappropriated funds received from the department of
373		-	agriculture under subsection (1) of this section. To implement this act, the
374		-	office may use this appropriation to provide information technology
375		-	services for the department of agriculture.
376		-	SECTION 14. Act subject to petition - effective date. This act
377		-	takes effect at 12:01 a.m. on the day following the expiration of the
378		-	ninety-day period after final adjournment of the general assembly; except
379		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
380		-	of the state constitution against this act or an item, section, or part of this act
381		-	within such period, then the act, item, section, or part will not take effect
382		-	unless approved by the people at the general election to be held in
383		-	PAGE 9-SENATE BILL 23-192 November 2024 and, in such case, will take effect on the date of the official
384		-	declaration of the vote thereon by the governor.
385		-	____________________________ ____________________________
386		-	Steve Fenberg
387		-	Julie McCluskie
388		-	PRESIDENT OF SPEAKER OF THE HOUSE
389		-	THE SENATE OF REPRESENTATIVES
390		-	____________________________ ____________________________
391		-	Cindi L. Markwell Robin Jones
392		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
393		-	THE SENATE OF REPRESENTATIVES
394		-	APPROVED________________________________________
395		-	(Date and Time)
396		-	_________________________________________
397		-	Jared S. Polis
398		-	GOVERNOR OF THE STATE OF COLORADO
399		-	PAGE 10-SENATE BILL 23-192
	436	+	23
	437	+	year, $72,150 is appropriated to the department of agriculture. This24
	438	+	appropriation is from the plant health, pest control, and environmental25
	439	+	protection cash fund created in section 35-1-106.3 (1), C.R.S. To26
	440	+	implement this act, the department may use this appropriation for the27
	441	+	192
	442	+	-11- purchase of information technology services.1
	443	+	(2) For the 2023-24 state fiscal year, $72,150 is appropriated to2
	444	+	the office of the governor for use by the office of information technology.3
	445	+	This appropriation is from reappropriated funds received from the4
	446	+	department of agriculture under subsection (1) of this section. To5
	447	+	implement this act, the office may use this appropriation to provide6
	448	+	information technology services for the department of agriculture.7
	449	+	SECTION 14. Act subject to petition - effective date. This act8
	450	+	takes effect at 12:01 a.m. on the day following the expiration of the9
	451	+	ninety-day period after final adjournment of the general assembly; except10
	452	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V11
	453	+	of the state constitution against this act or an item, section, or part of this12
	454	+	act within such period, then the act, item, section, or part will not take13
	455	+	effect unless approved by the people at the general election to be held in14
	456	+	November 2024 and, in such case, will take effect on the date of the15
	457	+	official declaration of the vote thereon by the governor.16
	458	+	192
	459	+	-12-