Liability for violation of act or order. Entomologist or inspectors may enter upon lands for purpose of inspection. Report of inspector. Service of notice of required work Liability of owners of railroads, ditches, etc. trict as above provided, pursue the same remedies in all respects as to such lands and owners of lands outside of any such district the same as though embraced within a pest inspection district. Sec. 7. Each and every violation of any of the provisions of this act, or non-compliance with any notice or direction given by the inspector in charge under the provisions of this act, shall render the offender liable in an action of debt for not less than twenty-five dollars and not more than three hundred dollars, and each and every day that any person, firm or corporation shall fail to comply with any notice in writing received from the inspector in charge under the provisions of this act, shall be deemed a separate offense. If the land in question be within or without a pest inspection district and the defendant be found guilty, the court shall also render judgment against the defendant for the cost and expense. Sec. 8. The state entomologist, or his deputy, or the county inspector, having jurisdiction, together with such help as they may need in the prosecution of their work. are authorized during reasonable business hours, to enter upon, or into any premises, lands or places within or without any pest district in this state where they may suspect that such pests occur as are named in this act or in the district petition or such as may be determined by the state entomologist to be injurious to the community, for the purpose of inspecting, controlling and exterminating the same or otherwise carrying out the provisions of this act. The county inspector shall make a full report to the state entomologist at least once a month, of the work done during that period. Sec. 9. Notice of work required to be done may be served upon the owner, occupant or person in charge of any land or in case the land is unoccupied, then upon any resident agent of the owner thereof. All public highways and all rights of way of railroads, ditches and reservoirs, and the owners thereof, shall be subject to the provisions of this act. In case school land is embraced within the pest inspection district, the notice shall be served upon the state land board, and they shall be subject to all pro visions of this act. Notice or summons in any suit or proceeding may be served upon any person or corporation, in form and manner as provided by the Code of Civil Procedure. of methods ing pests. Sec. 10. County inspectors or their deputies, shall Distribution distribute to owners or occupants of premises in pest inspec- for destroytion districts such information as to the methods of destroying or keeping in check grasshoppers, and other pests, and shall also collect such information concerning the condition of lands and premises in pest districts, as the state entomologist may direct; said information to be used by him in preparation of his annual report. and expenses paid. Sec. 11. The salary and expenses of the state ento- How salaries mologist and the per diem and expenses of his deputies in of officers carrying out the provisions of this act shall be paid by the State Treasurer, but the wages of the county inspectors and their deputies shall be paid out of the treasuries of the counties where their work is performed. Appropriation. Sec. 12. The sum of two thousand dollars per annum is hereby appropriated to pay the salary of the state entomologist and the per diem of his deputies and to pay their necessary expenses in traveling, printing blanks and circulars, in experimentation in ways of controlling pests, and in otherwise carrying out the provisions of this act. The Auditor State Auditor is hereby authorized to draw his warrants warrants. upon the State Treasurer for the sum herein appropriated, upon the presentation of proper vouchers, and the treasurer shall pay the same out of any funds in the State Treasury not otherwise appropriated. draw The funds herein appropriated and the appropriation Consolidation made for carrying into effect the horticultural inspection of funds, law as found in chapter 191, laws of 1907, are hereby consolidated and made a common fund for carrying into effect the aforesaid act, and this act, and to apply to the necessary expense of either or both acts as herein provided. Sec. 13. Chapter 150 of the Session Laws of 1911. Act repealed, approved June 1, 1911, and all other acts and parts of acts in conflict with this act, are hereby repealed. Approved: April 12, 1915. CHAPTER 96. INSURANCE Acts amended, (H. B. No. 499, by Mr. Drake.) AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO PROVIDE AN IN- Be It Enacted by the General Assembly of the State of Colorado: Section 1. That paragraph (a) of section 3, paragraph 2 of section 21, paragraph 3 of section 21, paragraph 4 of section 21, paragraph 5 of section 21, paragraph 6 of section 21, section 30, section 32, section 41, paragraph 1 of section 62, and section 81 of an act entitled "An Act to provide an insurance code for the State of Colorado, to regulate the organization and government of insurance companies and others doing business therein, to create an insurance department in and for the State of Colorado and to define the powers and duties of such department, to provide penalties for the violation of the provisions of this Act; and repealing all acts and parts of acts in conflict therewith and declare an emergency;" be and the same are hereby amended to read as follows: insurance. Functions of department. Section 3. (Department of Insurance) (a) There Department of shall be established and continued a separate and distinct department known as the insurance department of the State of Colorado. This department shall be charged with the execution of the laws relating to insurance now and which may hereafter be enacted, and shall have a supervising authority over the business of insurance in this state. Office or offices of the insurance department office. shall be provided in the Capitol Building at Denver, Colorado. The salary of the commissioner shall be $3,000 per annum payable monthly. The salary of the actuary shall be $2,400 per annum to be paid monthly. Salaries of commissioner and actuary. assistance. The commissioner with the approval of the Governor Clerical may employ such additional help as may be required for the transaction of the business of the office, at a compensation to be approved by the Governor and the Auditing Board. All expenses incurred by tion. by requisi Auditor The Commissioner of Insurance shall, before incurring any expense for his office, first obtain a requisition from the Auditing Board, for stationery, printing, postage and all incidental expense of his office. The State Auditor upon vouchers, approved by the commissioner draw warand the Governor, shall issue warrants on the State Treasurer, for the payment of salaries and expense of the office to be paid out of the fund known as the Insurance Fund, hereinafter in this act established. rants on insurance fund. designate agent. Section 21. (2) Every such company shall, through Company its proper officer or agent, promptly notify the commis- desired sioner in writing of the name, title and address of each person it desires appointed to act as agent in this state. Upon receipt of such written notice, when accompanied by the fee required by section 14 of this act, the Insurance Commissioner, shall, if he is satisfied that the appointee is a suitable person and intends to hold himself or herself out in good faith as an insurance agent, issue to such Commissioner person a license, which shall state in substance, that the company is authorized to do business in this state, and contain a copy of the certificate of authority, authorizing such company to do business in this state, and that the person named therein is the constituted agent of the com issue license. Requirements of notice. Statement of applicantcontents. Commissioner may revoke license. Life of license. Renewals of license. Agents of fire insurinsurance companyrequire ments. pany in this state for the transaction of such business as it is authorized to transact in this state. Such notice shall be upon a form furnished by the Insurance Commissioner and shall be accompanied by a statement in writing, by the appointee, which shall give his or her name, age, residence, business address, present occupation, occupation for the five years next preceding the date of this notice, names of insurance companies represented during such period and where represented, what general knowledge applicant has or the particular kind of insurance business for which applicant desires to act as agent, and if heretofore acting as a licensed agent or broker, has license ever been suspended by Insurance Commissioner of this or any other state and such other information, if any, as the Insurance Commissioner may require upon a blank furnished by him. The Insurance Commissioner may at any time after the granting of such license, for cause shown, and after a hearing, determine any person so appointed, or any person theretofore appointed as an agent, to be unsuitable to act as such agent, and shall thereupon revoke such license and notify both the company and the agent of such revocation in writing. Unless revoked by the commissioner, or unless the company by written notice to the commissioner cancels the agent's authority to act for it, such license and any other license issued to an agent or any renewal thereof, shall expire on the first day of March next after its issue and must be renewed annually. In the discretion of the Insurance Commissioner such licenses may be renewed upon payment of the annual fee required by this act, for a succeeding year or years without the commissioner requiring the detailed information required by this act. While such license remains in force a company shall be bound by the acts of the person named therein within his or her apparent authority as its acknowledged agent. Licenses to act as agents of fire insurance companies, shall only be issued to such persons as shall hold a commission from a fire insurance company authorizing such persons to issue and sign policies. No person shall be licensed as an agent, broker or solicitor to do fire or casualty business who is not a resident of this state. |