Colorado 2020 Regular Session Status: In Committee

SB 20-101 — Investigation Process For Pesticide Applicators

Last action — Senate Committee on Appropriations Postpone Indefinitely

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Current law requires certain commercial pesticide applicators to be licensed or registered. The bill requires the commissioner of agriculture (commissioner) to notify such a regulated person within 24 hours after the commissioner or department of agriculture receives a complaint about the person. The notice must include the alleged facts and any statute or rule the person is alleged to have violated. If the notice is not provided: The commissioner is prohibited from suspending or revoking the person's license or registration, or imposing civil penalties; and The person is immune from a criminal prosecution based on the facts alleged in the complaint. The bill also requires the following proceedings to be brought within one year after the occurrence of the facts upon which they are based: A proceeding to discipline a licensee or registrant; A proceeding to impose civil penalties, not including failing to obtain the required license or registration; or A criminal prosecution, not including failing to obtain the required license or registration.(Note: This summary applies to this bill as introduced.)

Bill Text

What changed in the latest version

71 added · 62 removed

Plain-language change summary

The amendment to SB 20-101 changes the timing and content of the notification that the commissioner must provide when a complaint is received regarding a licensed or registered person. Instead of notifying the individual within 24 hours of receiving a complaint, the commissioner is now required to notify the individual within 24 hours after identifying the person who is the subject of the complaint. The notice will now include the full text of the complaint rather than just a summary of the alleged facts and relevant statutes or rules. This change clarifies how and when individuals are informed about complaints against them, which may impact their ability to respond or prepare for any potential actions.

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Second Regular Session Seventy-second General Assembly STATE OF COLORADO INTRODUCED LLS NO.
Second Regular Session Seventy-second General Assembly STATE OF COLORADO PREAMENDED This Unofficial Version Includes Committee Amendments Not Yet Adopted on Second Reading LLS NO.
20-0815.01 Jery Payne x2157 SENATE BILL 20-101 SENATE SPONSORSHIP Sonnenberg, HOUSE SPONSORSHIP (None), Senate Committees House Committees Agriculture & Natural Resources A BILL FOR AN ACT C ONCERNINGTHEPROCEDURALREQUIREMENTSRESULTINGFROMTHE INITIATIONOFANINVESTIGATIONOFAPESTICIDEAPPLICATOR .
20-0815.01 Jery Payne x2157 SENATE BILL 20-101 SENATE SPONSORSHIP Sonnenberg, HOUSE SPONSORSHIP (None), Senate Committees House Committees Agriculture & Natural Resources Finance A BILL FOR AN ACT C ONCERNINGTHEPROCEDURALREQUIREMENTSRESULTINGFROMTHE INITIATIONOFANINVESTIGATIONOFAPESTICIDEAPPLICATOR .
(4) (a) WITHIN TWENTY-FOUR HOURS AFTER THE COMMISSIONER OR THE DEPARTMENT RECEIVES A COMPLAINT AGAINSTAPERSONWHOISLICENSEDORREGISTEREDUNDERTHISARTICLE 10,THE COMMISSIONER SHALL NOTIFY THE PERSON WHO IS THE SUBJECT OF THE COMPLAINT .
(4) (a) E XCEPT AS PROVIDED IN SUBSECTION (4)(cOFTHISSECTION WITHINTWENTY FOURHOURSAFTER THE COMMISSIONER OR THE DEPARTMENT IDENTIFIES A PERSON WHO IS THE SUBJECT OF A COMPLAINT AND WHO IS LICENSED OR REGISTERED UNDER THIS ARTICLE10, THE COMMISSIONER SHALL NOTIFY THE PERSON WHO ISTHE SUBJECT OFTHE COMPLAINT .T HE NOTICE MUST INCLUDE THE TEXT OF THE COMPLAINT.
THE NOTICE MUST INCLUDE A SUMMARY OF THE ALLEGED FACTS AND ANY STATUTE OR RULE THE PERSON IS ALLEGED TO HAVEVIOLATED .A GENERALSTATEMENTTHATLISTSSUBSTANTIALLYALL OR MOST OF THIS ARTICLE10 DOES NOT COMPLY WITH THIS SUBSECTION (4)(a).
(A) SUSPENDORREVOKE ORBRINGAPROCEEDINGTOSUSPENDOR REVOKE ,THE PERSON S LICENSE OR REGISTRATION BASED ON THE FACTS -2- SB20-101 ALLEGED IN THE COMPLAINT;OR (B) IMPOSE,ORBRINGAPROCEEDINGTOIMPOSE ACIVILPENALTY BASED ON THE FACTS ALLEGED IN THE COMPLAINT;AND (II) THE PERSON IS IMMUNE FROM A CRIMINAL PROSECUTION UNDER SECTION 35-10-123 BASED ON THE FACTS ALLEGED IN THE COMPLAINT .
(A) SUSPENDORREVOKE ORBRINGAPROCEEDINGTOSUSPENDOR REVOKE ,THE PERSON'S LICENSE OR REGISTRATION BASED ON THE FACTS ALLEGED IN THE COMPLAINT ;OR (B) IPOSE ,ORBRINGAPROCEEDINGTOIMPOSE ,ACIVILPENALTY -2- 101 BASED ON THE FACTS ALLEGED IN THE COMPLAINT;AND (II) THE PERSON IS IMMUNE FROM A CRIMINAL PROSECUTION UNDER SECTION 35-10-123 BASED ON THE FACTS ALLEGED IN THE COMPLAINT .
(c) THIS SUBSECTION (4) DOES NOT APPLY TO COMPLAINTS CONCERNING THE COMMERCIAL APPLICATION OF PESTICIDES ON A MARIJUANA CROP .
(6) NOTWITHSTANDINGARTICLE 80 OFTITLE13,PROCEEDINGSTO IMPOSEDISCIPLINEUNDERTHISSECTIONFORAVIOLATIONOFTHISARTICLE 10 MUST BE COMMENCED WITHIN ONE YEAR AFTER THE OCCURRENCE OF THE FACTS UPON WHICH THE ACTION IS BASE,AND NOT THEREAFTER .
(6) N OTWITHSTANDING ARTICLE 80 OF TITLE 13, TO BRING PROCEEDINGSTOIMPOSEDISCIPLINE THESUBJECTOFACOMPLAINTMUST BE GIVEN THE NOTICE REQUIRED IN SECTION24-4-104 (3)WITHIN ONE YEAR AFTER A COMPLAINT IS RECEIVED OR INITIAT.
THIS SUBSECTION (6) DOES NOT APPLY TO COMPLAINTS CONCERNING THE COMMERCIAL APPLICATION OF PESTICIDES ON A MARIJUANA CRO.
(6) NOTWITHSTANDINGARTICLE 80 OFTITLE13,PROCEEDINGSTO IMPOSE CIVIL PENALTIES FOR A VIOLATION OF THIS ARTI10EMUST BE COMMENCED WITHIN ONE YEAR AFTER THE OCCURRENCE OF THE FACTS UPON WHICH THE ACTION IS BASE,AND NOT THEREAFTER ;EXCEPT THAT THIS SUBSECTION (6)DOES NOT APPLY TO A PROSECUTION BASED ON A VIOLATION OF SECTION35-10-117 (1)(a), (1)(OR,(1)(c).
(6) NOTWITHSTANDING ARTICLE 80 OF TITLE 13, TO BRING PROCEEDINGSTOIMPOSE CIVILPENALTIES ,THE SUBJECT OFACOMPLAINT MUST BE GIVEN THE NOTICE REQUIRED IN SECTION24-4-104 (3WITHIN ONE YEAR AFTER A COMPLAINT IS RECEIVED OR INITIATED .
THIS SUBSECTION (6)DOESNOTAPPLYTOPROCEEDINGSBASEDONAVIOLATION OFSECTION 35-10-117(1)(a),(1)(bOR (1)(cORBASEDONCOMPLAINTS -3- 101 CONCERNING THE COMMERCIAL APPLICATION OF PESTICIDES ON A MARIJUANA CROP .
Criminalpenalties.(4) NTWITHSTANDINGARTICLE -3- SB20-101 80 OF TITLE 13, A CRIMINAL PROSECUTION OF A VIOLATION OF THIS SECTIONMUSTBECOMMENCEDWITHINONEYEARAFTERTHEOCCURRENCE OF THE FACTS UPON WHICH THE ACTION IS BASE,AND NOT THEREAFTER ;
Criminalpenalties.(4) NTWITHSTANDINGARTICLE 80 OF TITLE 13,A CRIMINAL PROSECUTION OF A VIOLATION OF THIS SECTION MUST BE COMMENCED WITHIN ONE YEAR AFTER A COMPLAINT IS RECEIVED OR INITIATED.
EXCEPT THAT THIS SUBSECTION (4)DOES NOT APPLY TO A PROSECUTION BASED ON A VIOLATION OF SECTION 35-10-117 (1)(a), (1)OR)(1)(c).
THIS SUBSECTION(4) DOES NOT APPLY TO A PROSECUTION BASED ON A VIOLATION OF SECTION 35-10-117 (1)(a), (1)(b), OR (1)(c)OR BASED ON COMPLAINTS CONCERNING THE COMMERCIAL APPLICATION OF PESTICIDES ON A MARIJUANA CROP.
-4- SB20-101
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Amendments

1 amendment

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Action History

  1. Senate Committee on Appropriations Postpone Indefinitely

  2. Senate Committee on Finance Refer Unamended to Appropriations

  3. Senate Committee on Agriculture & Natural Resources Refer Amended to Finance

  4. Senate Committee on Agriculture & Natural Resources Lay Over Amended

  5. Introduced In Senate - Assigned to Agriculture & Natural Resources

Sponsors

  • Jerry Sonnenberg · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 101 not signed on

Sponsors (1)

  • Jerry Sonnenberg

Co-sponsors (0)

None.

Not signed on (101)

101 members have not signed on to this bill.

Show all 101 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 20-101 do?
Current law requires certain commercial pesticide applicators to be licensed or registered. The bill requires the commissioner of agriculture (commissioner) to notify such a regulated person within 24 hours after the commissioner or department of agriculture receives a complaint about the person. The notice must include the alleged facts and any statute or rule the person is alleged to have violated. If the notice is not provided: The commissioner is prohibited from suspending or revoking the person's license or registration, or imposing civil penalties; and The person is immune from a criminal prosecution based on the facts alleged in the complaint. The bill also requires the following proceedings to be brought within one year after the occurrence of the facts upon which they are based: A proceeding to discipline a licensee or registrant; A proceeding to impose civil penalties, not including failing to obtain the required license or registration; or A criminal prosecution, not including failing to obtain the required license or registration.(Note: This summary applies to this bill as introduced.)
Who sponsors SB 20-101?
SB 20-101 is sponsored by Jerry Sonnenberg.
What is the current status of SB 20-101?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 20-101?
Track SB 20-101 free on One Click Politics — get push/email alerts when it moves.

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