Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 24-0659.01 Clare Haffner x6137
SENATE BILL 24-045
Senate Committees House Committees
Agriculture & Natural Resources Agri culture, Water & Natural Resources
A BILL FOR AN ACT
C
ONCERNING MODIFICATIONS TO THE EXEMPTIONS FROM THE101
STERILIZATION REQUIREMENT UNDER THE "PET ANIMAL CARE102
AND FACILITIES ACT".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 "Pet Animal Care and Facilities Act" prohibits any animal
shelter or pet animal rescue (facility) from releasing a dog or cat to a
prospective owner unless the animal has been sterilized, except in cases
in which sterilization would jeopardize the life or health of the dog or cat.
A facility in an area with limited access to licensed veterinarians may be
HOUSE
3rd Reading Unamended
February 29, 2024
HOUSE
Amended 2nd Reading
February 28, 2024
SENATE
3rd Reading Unamended
February 7, 2024
SENATE
2nd Reading Unamended
February 6, 2024
SENATE SPONSORSHIP
Liston, Roberts
HOUSE SPONSORSHIP
Rutinel and Taggart, Brown, Duran, Froelich, Lindsay, McCormick
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. granted an exemption from the sterilization requirement by the
commissioner of agriculture (commissioner). The bill:
! Removes the exemption from the sterilization requirement
due to the health of the animal; and
! Prohibits facilities that import unsterilized dogs or cats into
the state of Colorado from receiving an exemption from the
commissioner.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 35-80-106.4, amend2
(2) and
(3)(e); and add (2.3) and (2.5) as follows:3
35-80-106.4. Sterilization of ownerless dogs and cats required4
- rules - exceptions - violations. (2) If a licensed veterinarian declares5
in writing that a sterilization procedure could jeopardize the life or health6
of the dog or cat, the procedure may be delayed until such time that a7
veterinarian determines that the dog or cat is fit to undergo the8
sterilization procedure. At such time, the prospective owner shall have the9
animal sterilized. If the determination of unfitness for sterilization has10
been made prior to release, the animal shelter or pet animal rescue may11
release the dog or cat to the prospective owner, subject to the provisions12
of this subsection (2).13
(2.3) (a) FOR AN ANIMAL BORN IN COLORADO, IF A LICENSED14
VETERINARIAN DECLARES IN WRITING THAT A STERILIZATION PROCEDURE15
COULD JEOPARDIZE THE HEALTH OF THE DOG OR CAT , THE PROCEDURE16
MAY BE DELAYED UNTIL SUCH TIME THAT A VETERINARIAN DETERMINES17
THAT THE DOG OR CAT IS FIT TO UNDERGO THE STERILIZATION PROCEDURE.18
AT SUCH TIME, THE PROSPECTIVE OWNER SHALL HAVE THE ANIMAL19
STERILIZED. IF THE DETERMINATION OF UNFITNESS FOR STERILIZATION HAS20
BEEN MADE PRIOR TO RELEASE, THE ANIMAL SHELTER OR PET ANIMAL21
RESCUE MAY RELEASE THE DOG OR CAT TO THE PROSPECTIVE OWNER ,22
045-2- SUBJECT TO THE PROVISIONS OF THIS SUBSECTION (2.3).1
(b) IF A VETERINARIAN LICENSED IN COLORADO DECLARES IN2
WRITING THAT A STERILIZATION PROCEDURE IS LIKELY TO CAUSE A3
SECONDARY ILLNESS, INJURY, IMPAIRMENT, OR PHYSICAL CONDITION THAT4
INVOLVES INPATIENT CARE OR ONGOING OUTPATIENT TREATMENT , THE5
PROCEDURE MAY BE DELAYED UNTIL SUCH TIME THAT A VETERINARIAN6
DETERMINES THAT THE DOG OR CAT IS FIT TO UNDERGO THE STERILIZATION7
PROCEDURE. IF THE DETERMINATION OF UNFITNESS FOR STERILIZATION8
DUE TO JEOPARDIZING THE HEALTH OF THE ANIMAL HAS BEEN MADE PRIOR9
TO RELEASE, THE ANIMAL SHELTER OR PET ANIMAL RESCUE MAY RELEASE10
THE DOG OR CAT TO THE PROSPECTIVE OWNER, SUBJECT TO THIS11
SUBSECTION (2.3)(b).12
(2.5) FOR THE PURPOSES OF THE EXEMPTIONS IN SUBSECTIONS (2)13
AND (2.3) OF THIS SECTION:14
(a) A VETERINARIAN SHALL BASE A DETERMINATION OF UNFITNESS15
ON SPECIFIC DETAILS REGARDING THE SPECIFIC ANIMAL FOR WHICH AN16
EXEMPTION IS REQUESTED AND SHALL NOT INCLUDE MULTIPLE ANIMAL17
EXEMPTION REQUESTS IN ONE DETERMINATION .18
(b) THE COMMISSIONER MAY SUBMIT A SIGNED COMPLAINT TO THE19
STATE BOARD OF VETERINARY MEDICINE IF THE COMMISSIONER HAS20
REASON TO BELIEVE THAT A VETERINARIAN'S WRITTEN DECLARATION21
SUBMITTED PURSUANT TO SUBSECTIONS (2) OR (2.3) OF THIS SECTION IS IN22
VIOLATION OF SECTION 12-315-112.23
(c) AT THE TIME OF LICENSE RENEWAL, EACH ANIMAL SHELTER OR24
PET ANIMAL RESCUE SHALL PROVIDE THE DEPARTMENT WITH25
INFORMATION REGARDING ANIMALS EXEMPTED PURSUANT TO26
SUBSECTIONS (2) AND (2.3) OF THIS SECTION. THE ANIMAL SHELTER OR PET27
045
-3- ANIMAL RESCUE SHALL PROVIDE THE INFORMATION IN THE FORM1
PROVIDED BY THE DEPARTMENT AND SHALL INCLUDE THE BREED , AGE,2
CATEGORY OF EXEMPTION, REASONING FOR THE EXEMPTION , AND NAME3
AND LICENSE NUMBER OF THE VETERINARIAN LICENSED IN COLORADO4
THAT MADE THE EXEMPTION DETERMINATION .5
(3) This section does not apply to:6
(e) A facility in an area with limited access to licensed7
veterinarians that has been granted an exemption by the commissioner;8
EXCEPT THAT ANY ANIMAL SHELTER OR PET ANIMAL RESCUE THAT9
IMPORTS UNSTERILIZED DOGS OR CATS INTO THE STATE IS INELIGIBLE FOR10
AN EXEMPTION.11
SECTION 2. Act subject to petition - effective date. This act12
takes effect at 12:01 a.m. on the day following the expiration of the13
ninety-day period after final adjournment of the general assembly; except14
that, if a referendum petition is filed pursuant to section 1 (3) of article V15
of the state constitution against this act or an item, section, or part of this16
act within such period, then the act, item, section, or part will not take17
effect unless approved by the people at the general election to be held in18
November 2024 and, in such case, will take effect on the date of the19
official declaration of the vote thereon by the governor.20
045
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