Colorado 2024 Regular Session

Colorado Senate Bill SB045 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0659.01 Clare Haffner x6137
1	8		SENATE BILL 24-045
2		-	~~BY SENATOR(S) Liston,~~ ~~Gardner;~~
3		-	~~also REPRESENTATIVE(S) Rutinel and Taggart~~, ~~Brown, Duran,~~ ~~Froelich,~~
4		-	~~Lindsay, McCormick.~~
	9	+	Senate Committees House Committees
	10	+	Agriculture & Natural Resources Agri culture, Water & Natural Resources
	11	+	A BILL FOR AN ACT
5	12		C
6		-	ONCERNING MODIFICATIONS TO THE EXEMPTIONS FROM THE STERILIZATION
7		-	REQUIREMENT UNDER THE
8		-	"PET ANIMAL CARE AND FACILITIES ACT".
9		-
10		-	Be it enacted by the General Assembly of the State of Colorado:
11		-	SECTION 1. In Colorado Revised Statutes, 35-80-106.4, amend
12		-	(2) and (3)(e); and add (2.3) and (2.5) as follows:
13		-	35-80-106.4. Sterilization of ownerless dogs and cats required -
14		-	rules - exceptions - violations. (2) If a licensed veterinarian declares in
15		-	writing that a sterilization procedure could jeopardize the life or health
16		-	of
17		-	the dog or cat, the procedure may be delayed until such time that a
18		-	veterinarian determines that the dog or cat is fit to undergo the sterilization
19		-	procedure. At such time, the prospective owner shall have the animal
20		-	sterilized. If the determination of unfitness for sterilization has been made
21		-	prior to release, the animal shelter or pet animal rescue may release the dog
22		-	or cat to the prospective owner, subject to the provisions of
23		-	this subsection
24		-	(2).
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. (2.3) (a) FOR AN ANIMAL BORN IN COLORADO, IF A LICENSED
33		-	VETERINARIAN DECLARES IN WRITING THAT A STERILIZATION PROCEDURE
34		-	COULD JEOPARDIZE THE HEALTH OF THE DOG OR CAT
35		-	, THE PROCEDURE MAY
36		-	BE DELAYED UNTIL SUCH TIME THAT A VETERINARIAN D ETERMINES THAT THE
37		-	DOG OR CAT IS FIT TO UNDERGO THE STERILIZATION PROCEDURE
38		-	. AT SUCH
39		-	TIME
40		-	, THE PROSPECTIVE OWNER SHALL HAVE THE ANIMAL STERILIZED . IF THE
41		-	DETERMINATION OF UNFITNESS FOR STERILIZATION HAS BEEN MADE PRIOR
42		-	TO RELEASE
43		-	, THE ANIMAL SHELTER OR PET ANIMAL RESCUE MAY RELEASE
44		-	THE DOG OR CAT TO THE PROSPECTIVE OWNER
45		-	, SUBJECT TO THE PROVISIONS
46		-	OF THIS SUBSECTION
47		-	(2.3).
48		-	(b) I
49		-	F A VETERINARIAN LICENSED IN COLORADO DECLARES IN
50		-	WRITING THAT A STERILIZATION PROCEDURE IS LIKELY TO CAUSE A
51		-	SECONDARY ILLNESS
52		-	, INJURY, IMPAIRMENT, OR PHYSICAL CONDITION THAT
53		-	INVOLVES INPATIENT CARE OR ONGOING OUTPATIENT TREATMENT
54		-	, THE
55		-	PROCEDURE MAY BE DELAYED UNTIL SUCH TIME THAT A VETERINARIAN
56		-	DETERMINES THAT THE DOG OR CAT IS FIT TO UNDERGO THE STERILIZATION
57		-	PROCEDURE
58		-	. IF THE DETERMINATION OF UNFITNESS FOR STERILIZATION DUE
59		-	TO JEOPARDIZING THE HEALTH OF THE ANIMAL HAS BEEN MADE PRIOR TO
60		-	RELEASE
61		-	, THE ANIMAL SHELTER OR PET ANIMAL RESCUE MAY RELEASE THE
62		-	DOG OR CAT TO THE PROSPECTIVE OWNER
63		-	, SUBJECT TO THIS SUBSECTION
64		-	(2.3)(b).
65		-	(2.5) F
66		-	OR THE PURPOSES OF THE EXEMPTIONS IN SUBSECTIONS (2)
67		-	AND (2.3) OF THIS SECTION:
68		-	(a) A
69		-	VETERINARIAN SHALL BASE A DETERMINATION OF UNFITNESS
70		-	ON SPECIFIC DETAILS REGARDING THE SPECIFIC ANIMAL FOR WHICH AN
71		-	EXEMPTION IS REQUESTED AND SHALL NOT INCLUDE MULTIPLE ANIMAL
72		-	EXEMPTION REQUESTS IN ONE DETERMINATION
73		-	.
74		-	(b) T
75		-	HE COMMISSIONER MAY SUBMIT A SIGNED COMPLAINT TO THE
76		-	STATE BOARD OF VETERINARY MEDICINE IF THE COMMISSIONER HAS REASON
77		-	TO BELIEVE THAT A VETERINARIAN
78		-	'S WRITTEN DECLARATION SUBMITTED
79		-	PURSUANT TO SUBSECTION
80		-	(2) OR (2.3) OF THIS SECTION IS IN VIOLATION OF
81		-	SECTION
82		-	12-315-112.
83		-	(c) A
84		-	T THE TIME OF LICENSE RENEWAL, EACH ANIMAL SHELTER OR
85		-	PET ANIMAL RESCUE SHALL PROVIDE THE DEPARTMENT WITH INFORMATION
86		-	PAGE 2-SENATE BILL 24-045 REGARDING ANIMALS EXEMPTED PURSUANT TO SUBSECTIONS (2) AND (2.3)
87		-	OF THIS SECTION. THE ANIMAL SHELTER OR PET ANIMAL RESCUE SHALL
88		-	PROVIDE THE INFORMATION IN THE FORM PROVIDED BY THE DEPARTMENT
89		-	AND SHALL INCLUDE THE BREED
90		-	, AGE, CATEGORY OF EXEMPTION ,
91		-	REASONING FOR THE EXEMPTION , AND NAME AND LICENSE NUMBER OF THE
92		-	VETERINARIAN LICENSED IN
93		-	COLORADO THAT MADE THE EXEMPTION
94		-	DETERMINATION
95		-	.
96		-	(3) This section does not apply to:
97		-	(e) A facility in an area with limited access to licensed veterinarians
98		-	that has been granted an exemption by the commissioner;
99		-	EXCEPT THAT ANY
100		-	ANIMAL SHELTER OR PET ANIMAL RESCUE THAT IMPORTS UNSTERILIZED
101		-	DOGS OR CATS INTO THE STATE IS INELIGIBLE FOR AN EXEMPTION
102		-	.
103		-	SECTION 2. Act subject to petition - effective date. This act
104		-	takes effect at 12:01 a.m. on the day following the expiration of the
105		-	ninety-day period after final adjournment of the general assembly; except
106		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
107		-	of the state constitution against this act or an item, section, or part of this act
108		-	within such period, then the act, item, section, or part will not take effect
109		-	unless approved by the people at the general election to be held in
110		-	PAGE 3-SENATE BILL 24-045 November 2024 and, in such case, will take effect on the date of the official
111		-	declaration of the vote thereon by the governor.
112		-	____________________________ ____________________________
113		-	Steve Fenberg Julie McCluskie
114		-	PRESIDENT OF SPEAKER OF THE HOUSE
115		-	THE SENATE OF REPRESENTATIVES
116		-	____________________________ ____________________________
117		-	Cindi L. Markwell Robin Jones
118		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
119		-	THE SENATE OF REPRESENTATIVES
120		-	APPROVED________________________________________
121		-	(Date and Time)
122		-	_________________________________________
123		-	Jared S. Polis
124		-	GOVERNOR OF THE STATE OF COLORADO
125		-	PAGE 4-SENATE BILL 24-045
	13	+	ONCERNING MODIFICATIONS TO THE EXEMPTIONS FROM THE101
	14	+	STERILIZATION REQUIREMENT UNDER THE "PET ANIMAL CARE102
	15	+	AND FACILITIES ACT".103
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	The "Pet Animal Care and Facilities Act" prohibits any animal
	24	+	shelter or pet animal rescue (facility) from releasing a dog or cat to a
	25	+	prospective owner unless the animal has been sterilized, except in cases
	26	+	in which sterilization would jeopardize the life or health of the dog or cat.
	27	+	A facility in an area with limited access to licensed veterinarians may be
	28	+	HOUSE
	29	+	3rd Reading Unamended
	30	+	February 29, 2024
	31	+	HOUSE
	32	+	Amended 2nd Reading
	33	+	February 28, 2024
	34	+	SENATE
	35	+	3rd Reading Unamended
	36	+	February 7, 2024
	37	+	SENATE
	38	+	2nd Reading Unamended
	39	+	February 6, 2024
	40	+	SENATE SPONSORSHIP
	41	+	Liston, Roberts
	42	+	HOUSE SPONSORSHIP
	43	+	Rutinel and Taggart, Brown, Duran, Froelich, Lindsay, McCormick
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	46	+	Dashes through the words or numbers indicate deletions from existing law. granted an exemption from the sterilization requirement by the
	47	+	commissioner of agriculture (commissioner). The bill:
	48	+	! Removes the exemption from the sterilization requirement
	49	+	due to the health of the animal; and
	50	+	! Prohibits facilities that import unsterilized dogs or cats into
	51	+	the state of Colorado from receiving an exemption from the
	52	+	commissioner.
	53	+	Be it enacted by the General Assembly of the State of Colorado:1
	54	+	SECTION 1. In Colorado Revised Statutes, 35-80-106.4, amend2
	55	+	(2) and
	56	+	(3)(e); and add (2.3) and (2.5) as follows:3
	57	+	35-80-106.4. Sterilization of ownerless dogs and cats required4
	58	+	- rules - exceptions - violations. (2) If a licensed veterinarian declares5
	59	+	in writing that a sterilization procedure could jeopardize the life or health6
	60	+	of the dog or cat, the procedure may be delayed until such time that a7
	61	+	veterinarian determines that the dog or cat is fit to undergo the8
	62	+	sterilization procedure. At such time, the prospective owner shall have the9
	63	+	animal sterilized. If the determination of unfitness for sterilization has10
	64	+	been made prior to release, the animal shelter or pet animal rescue may11
	65	+	release the dog or cat to the prospective owner, subject to the provisions12
	66	+	of this subsection (2).13
	67	+	(2.3) (a) FOR AN ANIMAL BORN IN COLORADO, IF A LICENSED14
	68	+	VETERINARIAN DECLARES IN WRITING THAT A STERILIZATION PROCEDURE15
	69	+	COULD JEOPARDIZE THE HEALTH OF THE DOG OR CAT , THE PROCEDURE16
	70	+	MAY BE DELAYED UNTIL SUCH TIME THAT A VETERINARIAN DETERMINES17
	71	+	THAT THE DOG OR CAT IS FIT TO UNDERGO THE STERILIZATION PROCEDURE.18
	72	+	AT SUCH TIME, THE PROSPECTIVE OWNER SHALL HAVE THE ANIMAL19
	73	+	STERILIZED. IF THE DETERMINATION OF UNFITNESS FOR STERILIZATION HAS20
	74	+	BEEN MADE PRIOR TO RELEASE, THE ANIMAL SHELTER OR PET ANIMAL21
	75	+	RESCUE MAY RELEASE THE DOG OR CAT TO THE PROSPECTIVE OWNER ,22
	76	+	045-2- SUBJECT TO THE PROVISIONS OF THIS SUBSECTION (2.3).1
	77	+	(b) IF A VETERINARIAN LICENSED IN COLORADO DECLARES IN2
	78	+	WRITING THAT A STERILIZATION PROCEDURE IS LIKELY TO CAUSE A3
	79	+	SECONDARY ILLNESS, INJURY, IMPAIRMENT, OR PHYSICAL CONDITION THAT4
	80	+	INVOLVES INPATIENT CARE OR ONGOING OUTPATIENT TREATMENT , THE5
	81	+	PROCEDURE MAY BE DELAYED UNTIL SUCH TIME THAT A VETERINARIAN6
	82	+	DETERMINES THAT THE DOG OR CAT IS FIT TO UNDERGO THE STERILIZATION7
	83	+	PROCEDURE. IF THE DETERMINATION OF UNFITNESS FOR STERILIZATION8
	84	+	DUE TO JEOPARDIZING THE HEALTH OF THE ANIMAL HAS BEEN MADE PRIOR9
	85	+	TO RELEASE, THE ANIMAL SHELTER OR PET ANIMAL RESCUE MAY RELEASE10
	86	+	THE DOG OR CAT TO THE PROSPECTIVE OWNER, SUBJECT TO THIS11
	87	+	SUBSECTION (2.3)(b).12
	88	+	(2.5) FOR THE PURPOSES OF THE EXEMPTIONS IN SUBSECTIONS (2)13
	89	+	AND (2.3) OF THIS SECTION:14
	90	+	(a) A VETERINARIAN SHALL BASE A DETERMINATION OF UNFITNESS15
	91	+	ON SPECIFIC DETAILS REGARDING THE SPECIFIC ANIMAL FOR WHICH AN16
	92	+	EXEMPTION IS REQUESTED AND SHALL NOT INCLUDE MULTIPLE ANIMAL17
	93	+	EXEMPTION REQUESTS IN ONE DETERMINATION .18
	94	+	(b) THE COMMISSIONER MAY SUBMIT A SIGNED COMPLAINT TO THE19
	95	+	STATE BOARD OF VETERINARY MEDICINE IF THE COMMISSIONER HAS20
	96	+	REASON TO BELIEVE THAT A VETERINARIAN'S WRITTEN DECLARATION21
	97	+	SUBMITTED PURSUANT TO SUBSECTIONS (2) OR (2.3) OF THIS SECTION IS IN22
	98	+	VIOLATION OF SECTION 12-315-112.23
	99	+	(c) AT THE TIME OF LICENSE RENEWAL, EACH ANIMAL SHELTER OR24
	100	+	PET ANIMAL RESCUE SHALL PROVIDE THE DEPARTMENT WITH25
	101	+	INFORMATION REGARDING ANIMALS EXEMPTED PURSUANT TO26
	102	+	SUBSECTIONS (2) AND (2.3) OF THIS SECTION. THE ANIMAL SHELTER OR PET27
	103	+	045
	104	+	-3- ANIMAL RESCUE SHALL PROVIDE THE INFORMATION IN THE FORM1
	105	+	PROVIDED BY THE DEPARTMENT AND SHALL INCLUDE THE BREED , AGE,2
	106	+	CATEGORY OF EXEMPTION, REASONING FOR THE EXEMPTION , AND NAME3
	107	+	AND LICENSE NUMBER OF THE VETERINARIAN LICENSED IN COLORADO4
	108	+	THAT MADE THE EXEMPTION DETERMINATION .5
	109	+	(3) This section does not apply to:6
	110	+	(e) A facility in an area with limited access to licensed7
	111	+	veterinarians that has been granted an exemption by the commissioner;8
	112	+	EXCEPT THAT ANY ANIMAL SHELTER OR PET ANIMAL RESCUE THAT9
	113	+	IMPORTS UNSTERILIZED DOGS OR CATS INTO THE STATE IS INELIGIBLE FOR10
	114	+	AN EXEMPTION.11
	115	+	SECTION 2. Act subject to petition - effective date. This act12
	116	+	takes effect at 12:01 a.m. on the day following the expiration of the13
	117	+	ninety-day period after final adjournment of the general assembly; except14
	118	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V15
	119	+	of the state constitution against this act or an item, section, or part of this16
	120	+	act within such period, then the act, item, section, or part will not take17
	121	+	effect unless approved by the people at the general election to be held in18
	122	+	November 2024 and, in such case, will take effect on the date of the19
	123	+	official declaration of the vote thereon by the governor.20
	124	+	045
	125	+	-4-