Colorado 2024 Regular Session

Colorado House Bill HB1114 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 24-0431.02 Yelana Love x2295
8	8	HOUSE BILL 24-1114
9	9	House Committees Senate Committees
10	10	Agriculture, Water & Natural Resources
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING CONDITIONS CERTAIN PET ANIMAL FACILITIES MUST101
14	14	MEET PRIOR TO THE DISPOSITION OF A PET ANIMAL IN THE PET102
15	15	ANIMAL FACILITIES' CARE.103
16	16	Bill Summary
17	17	(Note: This summary applies to this bill as introduced and does
18	18	not reflect any amendments that may be subsequently adopted. If this bill
19	19	passes third reading in the house of introduction, a bill summary that
20	20	applies to the reengrossed version of this bill will be available at
21	21	http://leg.colorado.gov
22	22	.)
23	23	The bill requires an animal shelter or a pet animal rescue to notify
24	24	each animal shelter and pet animal rescue in the state before euthanizing
25	25	a pet animal so that another animal shelter or pet animal rescue may take
26	26	possession of the animal if it wants the pet animal. This requirement does
27	27	HOUSE SPONSORSHIP
28	28	Lindsay, Armagost
29	29	SENATE SPONSORSHIP
30	30	(None),
31	31	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
32	32	Capital letters or bold & italic numbers indicate new material to be added to existing law.
33	33	Dashes through the words or numbers indicate deletions from existing law. not apply to:
34	34	! A pet animal that is irremediably suffering;
35	35	! A dog adjudicated to be dangerous;
36	36	! A dog ordered to be euthanized by a court; or
37	37	! A dog with a history of repeated unprovoked biting prior to
38	38	the current impound, as documented by an agency charged
39	39	with enforcing state or local animal laws.
40	40	Be it enacted by the General Assembly of the State of Colorado:1
41	41	SECTION 1. Legislative declaration. (1) The general assembly2
42	42	finds and declares that:3
43	43	(a) The citizens of Colorado value pet animals and expect that the4
44	44	primary goal of animal shelters and pet animal rescues is to save the lives5
45	45	of healthy and treatable pet animals; and6
46	46	(b) Colorado's goal is to be the safest state for homeless pets.7
47	47	SECTION 2. In Colorado Revised Statutes, 35-80-106.3, amend8
48	48	(1) and (2); and add (4) as follows:9
49	49	35-80-106.3. Animal holding periods - disposition of unclaimed10
50	50	animals - notification requirements before euthanasia - immunity11
51	51	from actions over disposition of a pet animal - definition. (1) Any
52	52	A12
53	53	pet animal held by or in the custody of a licensed animal shelter, whether13
54	54	public or private, and not reclaimed by the owner shall be held by the14
55	55	animal shelter for a minimum of five days after acquisition by the animal15
56	56	shelter before it THE PET ANIMAL may become available for adoption or16
57	57	otherwise disposed of at the discretion of the animal shelter
58	58	AND IN17
59	59	ACCORDANCE WITH SECTION 35-80-106.7; except that a shelter supervisor18
60	60	may determine that a pet animal without identification, including but not19
61	61	limited to a microchip or collar, may be disposed of
62	62	MADE AVAILABLE20
63	63	FOR ADOPTION OR TRANSFER in three days if such shelter supervisor21
64	64	determines the shelter has no additional resources for such pet animal or22
65	65	HB24-1114-2- DISPOSED OF IN THREE DAYS IF THE SHELTER SUPERVISOR determines that1
66	66	such pet animal is dangerous. For purposes of this section, "days" means2
67	67	days during which the shelter is open to the public. If the animal shelter3
68	68	acquires the pet animal from the owner or an authorized representative of4
69	69	the owner, the pet animal becomes the property of the animal shelter at5
70	70	the time of transfer of the pet animal, and the pet animal may be disposed6
71	71	of by and at the discretion of the animal shelter
72	72	IN ACCORDANCE WITH7
73	73	THIS SECTION AND SECTION 35-80-106.7. If the pet animal is abandoned,8
74	74	as defined in section 18-9-201 (1), C.R.S.,
75	75	the pet animal becomes the9
76	76	property of the animal shelter upon acquisition and may be disposed of by10
77	77	and at the discretion of the animal shelter
78	78	IN ACCORDANCE WITH SECTION11
79	79	35-80-106.7. The animal shelter shall be
80	80	IS the steward of stray animals12
81	81	for the purposes of providing prophylactic veterinary care under the13
82	82	written protocol and direction of the shelter veterinarian. A pet animals,14
83	83	which in the opinion of ANIMAL THAT a veterinarian or the animal shelter15
84	84	supervisor, if a veterinarian is not available, are experiencing extreme16
85	85	pain or suffering DETERMINES TO BE IRREMEDIABLY SUFFERING , AS17
86	86	DEFINED IN SECTION 35-80-106.7 (6)(b), may be disposed of immediately18
87	87	by the animal shelter through euthanasia after the animal shelter has19
88	88	exhausted reasonable efforts to contact the owner; however, for
89	89	A pet20
90	90	animals
91	91	ANIMAL with identification, the animal shelter shall exhaust21
92	92	reasonable efforts to contact the owner for up to twenty-four hours.22
93	93	(2) An animal shelter and any employee thereof OF AN ANIMAL23
94	94	SHELTER that complies with the minimum holding period as set forth in24
95	95	subsection (1) of this section or that disposes of a pet animal in25
96	96	accordance with the provisions of subsection (1) of this section
97	97	AND26
98	98	SECTION 35-80-106.7 for owner-surrendered animals, abandoned animals,27
99	99	HB24-1114
100	100	-3- or suffering animals shall be IS immune from liability in a civil action1
101	101	brought by the owner of a pet animal for the shelter's disposition of a pet2
102	102	animal.3
103	103	(4) A
104	104	S USED IN THIS SECTION, "DAYS" MEANS DAYS DURING WHICH4
105	105	AN ANIMAL SHELTER IS OPEN TO THE PUBLIC.5
106	106	SECTION 3. In Colorado Revised Statutes, add 35-80-106.7 as6
107	107	follows:7
108	108	35-80-106.7. Euthanasia - notice requirements - immunity8
109	109	after transfer of pet animal - definitions. (1) (a) E
110	110	XCEPT AS9
111	111	AUTHORIZED IN SUBSECTION (2) OF THIS SECTION, AN ANIMAL SHELTER OR10
112	112	PET ANIMAL RESCUE SHALL , NOT LESS THAN THREE DAYS BEFORE11
113	113	EUTHANIZING ANY PET ANIMAL IN ITS CARE , NOTIFY OR MAKE A12
114	114	REASONABLE ATTEMPT TO NOTIFY BY VERIFIABLE WRITTEN OR13
115	115	ELECTRONIC COMMUNICATION ALL LICENSED ANIMAL SHELTERS AND PET14
116	116	ANIMAL RESCUES IN THE STATE TO PROVIDE THE SHELTERS AND RESCUES15
117	117	WITH AN OPPORTUNITY TO TAKE POSSESSION OF THE PET ANIMAL .16
118	118	(b) I
119	119	F AN ANIMAL SHELTER OR PET ANIMAL RESCUE REQUESTS TO17
120	120	TAKE POSSESSION OF A PET ANIMAL AFTER RECEIVING NOTICE PURSUANT18
121	121	TO SUBSECTION (1)(a) OF THIS SECTION, THE NOTIFYING SHELTER OR19
122	122	RESCUE SHALL HOLD THE PET ANIMAL UNTIL THE REQUESTING SHELTER OR20
123	123	RESCUE CAN TAKE POSSESSION OF THE PET ANIMAL .21
124	124	(c) T
125	125	HE REQUESTING ANIMAL SHELTER OR PET ANIMAL RESCUE22
126	126	SHALL TAKE POSSESSION OF THE PET ANIMAL WITHIN TWO DAYS AFTER23
127	127	REQUESTING THE PET ANIMAL.24
128	128	(d) I
129	129	F A REQUESTING ANIMAL SHELTER OR PET ANIMAL RESCUE25
130	130	FAILS TO TAKE POSSESSION OF THE PET ANIMAL WITHIN TWO DAYS , THE26
131	131	NOTIFYING SHELTER OR RESCUE SHALL CONTACT ANY ADDITIONAL27
132	132	HB24-1114
133	133	-4- SHELTERS OR RESCUES THAT REQUESTED TO TAKE POSSESSION OF THE PET1
134	134	ANIMAL AFTER THE INITIAL NOTICE.2
135	135	(2) N
136	136	OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, AN3
137	137	ANIMAL SHELTER OR PET ANIMAL RESCUE :4
138	138	(a) T
139	139	HAT KNOWS AN ANIMAL SHELTER OR PET ANIMAL RESCUE HAS5
140	140	CHARGES PENDING AGAINST IT FOR A VIOLATION OF THIS ARTICLE 80 OR6
141	141	RULES PROMULGATED PURSUANT TO THIS ARTICLE 80 IS NOT REQUIRED TO7
142	142	NOTIFY OR TRANSFER AN ANIMAL TO SUCH SHELTER OR RESCUE ; AND8
143	143	(b) M
144	144	AY EUTHANIZE THE FOLLOWING PET ANIMALS WITHOUT9
145	145	MEETING THE REQUIREMENTS OF THIS SECTION IF A LICENSED10
146	146	VETERINARIAN OR A SUPERVISOR OF THE ANIMAL SHELTER OR PET ANIMAL11
147	147	RESCUE DETERMINES THAT:12
148	148	(I) A
149	149	PET ANIMAL IS IRREMEDIABLY SUFFERING;13
150	150	(II) A
151	151	DOG IS A DANGEROUS DOG , AS DEFINED IN SECTION14
152	152	18-9-204.5 (2)(b);15
153	153	(III) A
154	154	DOG IS ORDERED TO BE EUTHANIZED BY A COURT ; OR16
155	155	(IV) A
156	156	DOG HAS A HISTORY OF REPEATED UNPROVOKED BITING17
157	157	PRIOR TO THE CURRENT IMPOUND , AS DOCUMENTED BY AN AGENCY18
158	158	CHARGED WITH ENFORCING STATE OR LOCAL ANIMAL LAWS .19
159	159	D
160	160	OCUMENTATION MUST CONSIST OF MEDICAL REPORTS MADE AT OR20
161	161	AROUND THE TIME THE PRIOR BITE INCIDENT OCCURRED THAT DESCRIBE21
162	162	THE CIRCUMSTANCES OF THE BITE , THE NATURE AND SEVERITY OF THE22
163	163	INJURY, AND TREATMENTS GIVEN FOR THE INJURY .23
164	164	(3) A
165	165	N ANIMAL SHELTER OR PET ANIMAL RESCUE THAT TRANSFERS24
166	166	A PET ANIMAL PURSUANT TO THIS SECTION IS IMMUNE FROM CIVIL25
167	167	LIABILITY FOR ACTIONS CAUSED BY THE PET ANIMAL AFTER THE TRANSFER26
168	168	IF THE TRANSFERRING SHELTER OR RESCUE PROVIDED THE ACCEPTING27
169	169	HB24-1114
170	170	-5- SHELTER OR RESCUE WITH ALL MATERIAL INFORMATION ABOUT THE PET1
171	171	ANIMAL.2
172	172	(4) N
173	173	OTHING IN THIS SECTION PROHIBITS AN ANIMAL SHELTER OR3
174	174	PET ANIMAL RESCUE FROM TRANSFERRING A PET ANIMAL TO AN ANIMAL4
175	175	SHELTER OR PET ANIMAL RESCUE LOCATED OUT OF STATE .5
176	176	(5) (a) F
177	177	OR THE PURPOSE OF THE NOTIFICATION REQUIRED IN6
178	178	SUBSECTION (1) OF THIS SECTION, THE DEPARTMENT SHALL PROCURE A7
179	179	SYSTEM TO ALLOW ANIMAL SHELTERS AND PET ANIMAL RESCUES TO8
180	180	CONTACT ALL ANIMAL SHELTERS AND PET ANIMAL RESCUES IN THE STATE .9
181	181	(b) T
182	182	HE DEPARTMENT MAY SEEK , ACCEPT, AND EXPEND GIFTS,10
183	183	GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE11
184	184	PURPOSES OF THIS SUBSECTION (5).12
185	185	(6) A
186	186	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE13
187	187	REQUIRES:14
188	188	(a) "D
189	189	AY" MEANS A DAY DURING WHICH AN ANIMAL SHELTER OR15
190	190	PET ANIMAL RESCUE IS OPEN TO THE PUBLIC.16
191	191	(b) "I
192	192	RREMEDIABLY SUFFERING " MEANS SUFFERING FROM AN17
193	193	OBJECTIVELY GRAVE PROGNOSIS THAT CAUSES THE PET ANIMAL TO HAVE18
194	194	TO LIVE WITH SEVERE AND UNREMITTING PHYSICAL PAIN EVEN WITH19
195	195	PROMPT, NECESSARY, AND COMPREHENSIVE VETERINARY CARE , AS20
196	196	CERTIFIED IN WRITING BY A LICENSED VETERINARIAN .21
197	197	(c) (I) "R
198	198	EPEATED UNPROVOKED BITING " MEANS TWO OR MORE22
199	199	BITES BY A DOG OF ONE OR MORE INDIVIDUALS THAT :23
200	200	(A) A
201	201	RE NEITHER ACCIDENTAL NOR PROVOKED ; AND24
202	202	(B) R
203	203	ESULT IN SERIOUS PHYSICAL INJURY.25
204	204	(II) "R
205	205	EPEATED UNPROVOKED BITING " DOES NOT INCLUDE BITING26
206	206	THAT OCCURS BECAUSE THE DOG WAS :27
207	207	HB24-1114
208	208	-6- (A) BEING TAUNTED;1
209	209	(B) A
210	210	CTING IN DEFENSE OF ITSELF, AN INDIVIDUAL, ANOTHER2
211	211	ANIMAL, OR PROPERTY;3
212	212	(C) A
213	213	CTING OUT OF A MATERNAL INSTINCT; OR4
214	214	(D) R
215	215	EACTING TO HUNGER, PAIN, OR FEAR.5
216	216	(d) "S
217	217	ERIOUS PHYSICAL INJURY" HAS THE SAME MEANING6
218	218	"
219	219	PHYSICAL BODILY INJURY"AS SET FORTH IN SECTION 18-1-901 (3)(p).7
220	220	SECTION 4. Act subject to petition - effective date. This act8
221	221	takes effect October 1, 2024; except that, if a referendum petition is filed9
222	222	pursuant to section 1 (3) of article V of the state constitution against this10
223	223	act or an item, section, or part of this act within the ninety-day period11
224	224	after final adjournment of the general assembly, then the act, item,12
225	225	section, or part will not take effect unless approved by the people at the13
226	226	general election to be held in November 2024 and, in such case, will take14
227	227	effect on the date of the official declaration of the vote thereon by the15
228	228	governor.16
229	229	HB24-1114
230	230	-7-