Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0431.02 Yelana Love x2295
HOUSE BILL 24-1114
House Committees Senate Committees
Agriculture, Water & Natural Resources
A BILL FOR AN ACT
C
ONCERNING CONDITIONS CERTAIN PET ANIMAL FACILITIES MUST101
MEET PRIOR TO THE DISPOSITION OF A PET ANIMAL IN THE PET102
ANIMAL FACILITIES' CARE.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires an animal shelter or a pet animal rescue to notify
each animal shelter and pet animal rescue in the state before euthanizing
a pet animal so that another animal shelter or pet animal rescue may take
possession of the animal if it wants the pet animal. This requirement does
HOUSE SPONSORSHIP
Lindsay, Armagost
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. not apply to:
! A pet animal that is irremediably suffering;
! A dog adjudicated to be dangerous;
! A dog ordered to be euthanized by a court; or
! A dog with a history of repeated unprovoked biting prior to
the current impound, as documented by an agency charged
with enforcing state or local animal laws.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) The citizens of Colorado value pet animals and expect that the4
primary goal of animal shelters and pet animal rescues is to save the lives5
of healthy and treatable pet animals; and6
(b) Colorado's goal is to be the safest state for homeless pets.7
SECTION 2. In Colorado Revised Statutes, 35-80-106.3, amend8
(1) and (2); and add (4) as follows:9
35-80-106.3. Animal holding periods - disposition of unclaimed10
animals - notification requirements before euthanasia - immunity11
from actions over disposition of a pet animal - definition. (1) Any
A12
pet animal held by or in the custody of a licensed animal shelter, whether13
public or private, and not reclaimed by the owner shall be held by the14
animal shelter for a minimum of five days after acquisition by the animal15
shelter before it THE PET ANIMAL may become available for adoption or16
otherwise disposed of at the discretion of the animal shelter
AND IN17
ACCORDANCE WITH SECTION 35-80-106.7; except that a shelter supervisor18
may determine that a pet animal without identification, including but not19
limited to a microchip or collar, may be disposed of
MADE AVAILABLE20
FOR ADOPTION OR TRANSFER in three days if such shelter supervisor21
determines the shelter has no additional resources for such pet animal or22
HB24-1114-2- DISPOSED OF IN THREE DAYS IF THE SHELTER SUPERVISOR determines that1
such pet animal is dangerous. For purposes of this section, "days" means2
days during which the shelter is open to the public. If the animal shelter3
acquires the pet animal from the owner or an authorized representative of4
the owner, the pet animal becomes the property of the animal shelter at5
the time of transfer of the pet animal, and the pet animal may be disposed6
of by and at the discretion of the animal shelter
IN ACCORDANCE WITH7
THIS SECTION AND SECTION 35-80-106.7. If the pet animal is abandoned,8
as defined in section 18-9-201 (1), C.R.S.,
the pet animal becomes the9
property of the animal shelter upon acquisition and may be disposed of by10
and at the discretion of the animal shelter
IN ACCORDANCE WITH SECTION11
35-80-106.7. The animal shelter shall be
IS the steward of stray animals12
for the purposes of providing prophylactic veterinary care under the13
written protocol and direction of the shelter veterinarian. A pet animals,14
which in the opinion of ANIMAL THAT a veterinarian or the animal shelter15
supervisor, if a veterinarian is not available, are experiencing extreme16
pain or suffering DETERMINES TO BE IRREMEDIABLY SUFFERING , AS17
DEFINED IN SECTION 35-80-106.7 (6)(b), may be disposed of immediately18
by the animal shelter through euthanasia after the animal shelter has19
exhausted reasonable efforts to contact the owner; however, for
A pet20
animals
ANIMAL with identification, the animal shelter shall exhaust21
reasonable efforts to contact the owner for up to twenty-four hours.22
(2) An animal shelter and any employee thereof OF AN ANIMAL23
SHELTER that complies with the minimum holding period as set forth in24
subsection (1) of this section or that disposes of a pet animal in25
accordance with the provisions of subsection (1) of this section
AND26
SECTION 35-80-106.7 for owner-surrendered animals, abandoned animals,27
HB24-1114
-3- or suffering animals shall be IS immune from liability in a civil action1
brought by the owner of a pet animal for the shelter's disposition of a pet2
animal.3
(4) A
S USED IN THIS SECTION, "DAYS" MEANS DAYS DURING WHICH4
AN ANIMAL SHELTER IS OPEN TO THE PUBLIC.5
SECTION 3. In Colorado Revised Statutes, add 35-80-106.7 as6
follows:7
35-80-106.7. Euthanasia - notice requirements - immunity8
after transfer of pet animal - definitions. (1) (a) E
XCEPT AS9
AUTHORIZED IN SUBSECTION (2) OF THIS SECTION, AN ANIMAL SHELTER OR10
PET ANIMAL RESCUE SHALL , NOT LESS THAN THREE DAYS BEFORE11
EUTHANIZING ANY PET ANIMAL IN ITS CARE , NOTIFY OR MAKE A12
REASONABLE ATTEMPT TO NOTIFY BY VERIFIABLE WRITTEN OR13
ELECTRONIC COMMUNICATION ALL LICENSED ANIMAL SHELTERS AND PET14
ANIMAL RESCUES IN THE STATE TO PROVIDE THE SHELTERS AND RESCUES15
WITH AN OPPORTUNITY TO TAKE POSSESSION OF THE PET ANIMAL .16
(b) I
F AN ANIMAL SHELTER OR PET ANIMAL RESCUE REQUESTS TO17
TAKE POSSESSION OF A PET ANIMAL AFTER RECEIVING NOTICE PURSUANT18
TO SUBSECTION (1)(a) OF THIS SECTION, THE NOTIFYING SHELTER OR19
RESCUE SHALL HOLD THE PET ANIMAL UNTIL THE REQUESTING SHELTER OR20
RESCUE CAN TAKE POSSESSION OF THE PET ANIMAL .21
(c) T
HE REQUESTING ANIMAL SHELTER OR PET ANIMAL RESCUE22
SHALL TAKE POSSESSION OF THE PET ANIMAL WITHIN TWO DAYS AFTER23
REQUESTING THE PET ANIMAL.24
(d) I
F A REQUESTING ANIMAL SHELTER OR PET ANIMAL RESCUE25
FAILS TO TAKE POSSESSION OF THE PET ANIMAL WITHIN TWO DAYS , THE26
NOTIFYING SHELTER OR RESCUE SHALL CONTACT ANY ADDITIONAL27
HB24-1114
-4- SHELTERS OR RESCUES THAT REQUESTED TO TAKE POSSESSION OF THE PET1
ANIMAL AFTER THE INITIAL NOTICE.2
(2) N
OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, AN3
ANIMAL SHELTER OR PET ANIMAL RESCUE :4
(a) T
HAT KNOWS AN ANIMAL SHELTER OR PET ANIMAL RESCUE HAS5
CHARGES PENDING AGAINST IT FOR A VIOLATION OF THIS ARTICLE 80 OR6
RULES PROMULGATED PURSUANT TO THIS ARTICLE 80 IS NOT REQUIRED TO7
NOTIFY OR TRANSFER AN ANIMAL TO SUCH SHELTER OR RESCUE ; AND8
(b) M
AY EUTHANIZE THE FOLLOWING PET ANIMALS WITHOUT9
MEETING THE REQUIREMENTS OF THIS SECTION IF A LICENSED10
VETERINARIAN OR A SUPERVISOR OF THE ANIMAL SHELTER OR PET ANIMAL11
RESCUE DETERMINES THAT:12
(I) A
PET ANIMAL IS IRREMEDIABLY SUFFERING;13
(II) A
DOG IS A DANGEROUS DOG , AS DEFINED IN SECTION14
18-9-204.5 (2)(b);15
(III) A
DOG IS ORDERED TO BE EUTHANIZED BY A COURT ; OR16
(IV) A
DOG HAS A HISTORY OF REPEATED UNPROVOKED BITING17
PRIOR TO THE CURRENT IMPOUND , AS DOCUMENTED BY AN AGENCY18
CHARGED WITH ENFORCING STATE OR LOCAL ANIMAL LAWS .19
D
OCUMENTATION MUST CONSIST OF MEDICAL REPORTS MADE AT OR20
AROUND THE TIME THE PRIOR BITE INCIDENT OCCURRED THAT DESCRIBE21
THE CIRCUMSTANCES OF THE BITE , THE NATURE AND SEVERITY OF THE22
INJURY, AND TREATMENTS GIVEN FOR THE INJURY .23
(3) A
N ANIMAL SHELTER OR PET ANIMAL RESCUE THAT TRANSFERS24
A PET ANIMAL PURSUANT TO THIS SECTION IS IMMUNE FROM CIVIL25
LIABILITY FOR ACTIONS CAUSED BY THE PET ANIMAL AFTER THE TRANSFER26
IF THE TRANSFERRING SHELTER OR RESCUE PROVIDED THE ACCEPTING27
HB24-1114
-5- SHELTER OR RESCUE WITH ALL MATERIAL INFORMATION ABOUT THE PET1
ANIMAL.2
(4) N
OTHING IN THIS SECTION PROHIBITS AN ANIMAL SHELTER OR3
PET ANIMAL RESCUE FROM TRANSFERRING A PET ANIMAL TO AN ANIMAL4
SHELTER OR PET ANIMAL RESCUE LOCATED OUT OF STATE .5
(5) (a) F
OR THE PURPOSE OF THE NOTIFICATION REQUIRED IN6
SUBSECTION (1) OF THIS SECTION, THE DEPARTMENT SHALL PROCURE A7
SYSTEM TO ALLOW ANIMAL SHELTERS AND PET ANIMAL RESCUES TO8
CONTACT ALL ANIMAL SHELTERS AND PET ANIMAL RESCUES IN THE STATE .9
(b) T
HE DEPARTMENT MAY SEEK , ACCEPT, AND EXPEND GIFTS,10
GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE11
PURPOSES OF THIS SUBSECTION (5).12
(6) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE13
REQUIRES:14
(a) "D
AY" MEANS A DAY DURING WHICH AN ANIMAL SHELTER OR15
PET ANIMAL RESCUE IS OPEN TO THE PUBLIC.16
(b) "I
RREMEDIABLY SUFFERING " MEANS SUFFERING FROM AN17
OBJECTIVELY GRAVE PROGNOSIS THAT CAUSES THE PET ANIMAL TO HAVE18
TO LIVE WITH SEVERE AND UNREMITTING PHYSICAL PAIN EVEN WITH19
PROMPT, NECESSARY, AND COMPREHENSIVE VETERINARY CARE , AS20
CERTIFIED IN WRITING BY A LICENSED VETERINARIAN .21
(c) (I) "R
EPEATED UNPROVOKED BITING " MEANS TWO OR MORE22
BITES BY A DOG OF ONE OR MORE INDIVIDUALS THAT :23
(A) A
RE NEITHER ACCIDENTAL NOR PROVOKED ; AND24
(B) R
ESULT IN SERIOUS PHYSICAL INJURY.25
(II) "R
EPEATED UNPROVOKED BITING " DOES NOT INCLUDE BITING26
THAT OCCURS BECAUSE THE DOG WAS :27
HB24-1114
-6- (A) BEING TAUNTED;1
(B) A
CTING IN DEFENSE OF ITSELF, AN INDIVIDUAL, ANOTHER2
ANIMAL, OR PROPERTY;3
(C) A
CTING OUT OF A MATERNAL INSTINCT; OR4
(D) R
EACTING TO HUNGER, PAIN, OR FEAR.5
(d) "S
ERIOUS PHYSICAL INJURY" HAS THE SAME MEANING6
"
PHYSICAL BODILY INJURY"AS SET FORTH IN SECTION 18-1-901 (3)(p).7
SECTION 4. Act subject to petition - effective date. This act8
takes effect October 1, 2024; except that, if a referendum petition is filed9
pursuant to section 1 (3) of article V of the state constitution against this10
act or an item, section, or part of this act within the ninety-day period11
after final adjournment of the general assembly, then the act, item,12
section, or part will not take effect unless approved by the people at the13
general election to be held in November 2024 and, in such case, will take14
effect on the date of the official declaration of the vote thereon by the15
governor.16
HB24-1114
-7-