Colorado § 35-42-107 - Bureau personnel - appointment.

§ 35-42-107. Bureau personnel - appointment.

(1) Subject to the provisions of section 13 of article XII of the state constitution, the commissioner shall appoint such animal protection agents as are necessary to carry out the provisions of this article.

(2) The commissioner may appoint agents who are employees of the state, Colorado-based nonprofit corporations, municipal corporations, counties, cities, cities and counties, or any other local governmental entity or political subdivision of the state.

(3) When agents who are employees of nonprofit corporations are appointed, the corporation shall furnish evidence of minimum liability insurance covering said agent in the amount of one hundred thousand dollars. The state shall not be liable for the actions of such agents. Agents of the bureau shall submit to training as specified by the commissioner.

(4) Agents of the bureau who have completed training as specified by the commissioner are vested with the power to conduct investigations and issue summonses and complaints to enforce the provisions of part 2 of article 9 of title 18 and article 80 of this title 35 as granted peace officers pursuant to section 16-2-104, and are designated as peace officers, as described in sections 16-2.5-101 and 16-2.5-118.

(5) The commissioner may, at the commissioner's discretion, revoke the commission of an agent.

(6) The commissioner may, at the commissioner's discretion, determine classifications and subclassifications for the commissions of agents.

(7) Agents authorized to investigate cases involving livestock shall be employees of the division, the division of animal health, or the division of brand inspection of the department or any sheriffs when appointed and within their jurisdiction.

(8) All commissions issued by the commissioner shall expire on the anniversary date of issuance.

(9) A commission may, in the discretion of the commissioner, be renewed.

(10) All commissions shall be approved by the state agricultural commission.

Source: L. 90: Entire article R&RE, p. 1606, § 1, effective July 1. L. 94: (4) amended, p. 1312, § 14, effective July 1. L. 2003: (4) amended, p. 1628, § 60, effective August 6. L. 2020: (2) and (4) amended, (SB 20-104) ch. 154, p. 661, § 2, effective September 14. L. 2024: (7) amended, (HB 24-1458), ch. 288, p. 1929, § 5, effective August 7. L. 2025: (5) and (6) amended, (HB 25-1084), ch. 24, p. 124, § 104, effective August 6.

Editor's note: This section is similar to former §§ 35-42-103 and 35-42-104 as they existed prior to 1990.

Cross references: For the legislative declaration in SB 20-104, see section 1 of chapter 154, Session Laws of Colorado 2020.

ANNOTATION

Subsection (7) restricts the investigation of livestock cases to employees of the division of agriculture, brand inspectors, and sheriffs. People v. Harris, 2016 COA 159, 405 P.3d 361.

Nonprofit corporation employee not authorized to investigate suspected mistreatment of animals or obtain a search warrant. People v. Harris, 2016 COA 159, 405 P.3d 361.

Nonprofit corporation employee's lack of statutory authority to obtain a search warrant has no bearing on the constitutionality of the warrant and the related search. People v. Harris, 2016 COA 159, 405 P.3d 361.

For a search warrant to be valid under both the United States and state constitutions, a warrant must meet three requirements: (1) It must have been issued by a neutral, disinterested magistrate; (2) those seeking the warrant must have demonstrated to the magistrate their probable cause to believe that the evidence sought would aid in a particular apprehension or conviction for a particular offense; and (3) the warrant must particularly describe the things to be seized as well as the place to be searched. People v. Harris, 2016 COA 159, 405 P.3d 361.

Although nonprofit corporation employee was not authorized to obtain a search warrant, suppression of evidence seized in executing the warrant not required because warrant was constitutionally sufficient. People v. Harris, 2016 COA 159, 405 P.3d 361.