SENATE BILL 24-045
BY SENATOR(S) Liston, Gardner;
also REPRESENTATIVE(S) Rutinel and Taggart, Brown, Duran, Froelich,
Lindsay, McCormick.
C
ONCERNING MODIFICATIONS TO THE EXEMPTIONS FROM THE STERILIZATION
REQUIREMENT UNDER THE
"PET ANIMAL CARE AND FACILITIES ACT".
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 35-80-106.4, amend
(2) and (3)(e); and add (2.3) and (2.5) as follows:
35-80-106.4. Sterilization of ownerless dogs and cats required -
rules - exceptions - violations. (2) If a licensed veterinarian declares in
writing that a sterilization procedure could jeopardize the life or health
of
the dog or cat, the procedure may be delayed until such time that a
veterinarian determines that the dog or cat is fit to undergo the sterilization
procedure. At such time, the prospective owner shall have the animal
sterilized. If the determination of unfitness for sterilization has been made
prior to release, the animal shelter or pet animal rescue may release the dog
or cat to the prospective owner, subject to the provisions of
this subsection
(2).
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (2.3) (a) FOR AN ANIMAL BORN IN COLORADO, IF A LICENSED
VETERINARIAN DECLARES IN WRITING THAT A STERILIZATION PROCEDURE
COULD JEOPARDIZE THE HEALTH OF THE DOG OR CAT
, THE PROCEDURE MAY
BE DELAYED UNTIL SUCH TIME THAT A VETERINARIAN D ETERMINES THAT THE
DOG OR CAT IS FIT TO UNDERGO THE STERILIZATION PROCEDURE
. AT SUCH
TIME
, THE PROSPECTIVE OWNER SHALL HAVE THE ANIMAL STERILIZED . IF THE
DETERMINATION OF UNFITNESS FOR STERILIZATION HAS BEEN MADE PRIOR
TO RELEASE
, THE ANIMAL SHELTER OR PET ANIMAL RESCUE MAY RELEASE
THE DOG OR CAT TO THE PROSPECTIVE OWNER
, SUBJECT TO THE PROVISIONS
OF THIS SUBSECTION
(2.3).
(b) I
F A VETERINARIAN LICENSED IN COLORADO DECLARES IN
WRITING THAT A STERILIZATION PROCEDURE IS LIKELY TO CAUSE A
SECONDARY ILLNESS
, INJURY, IMPAIRMENT, OR PHYSICAL CONDITION THAT
INVOLVES INPATIENT CARE OR ONGOING OUTPATIENT TREATMENT
, THE
PROCEDURE MAY BE DELAYED UNTIL SUCH TIME THAT A VETERINARIAN
DETERMINES THAT THE DOG OR CAT IS FIT TO UNDERGO THE STERILIZATION
PROCEDURE
. IF THE DETERMINATION OF UNFITNESS FOR STERILIZATION DUE
TO JEOPARDIZING THE HEALTH OF THE ANIMAL HAS BEEN MADE PRIOR TO
RELEASE
, THE ANIMAL SHELTER OR PET ANIMAL RESCUE MAY RELEASE THE
DOG OR CAT TO THE PROSPECTIVE OWNER
, SUBJECT TO THIS SUBSECTION
(2.3)(b).
(2.5) F
OR THE PURPOSES OF THE EXEMPTIONS IN SUBSECTIONS (2)
AND (2.3) OF THIS SECTION:
(a) A
VETERINARIAN SHALL BASE A DETERMINATION OF UNFITNESS
ON SPECIFIC DETAILS REGARDING THE SPECIFIC ANIMAL FOR WHICH AN
EXEMPTION IS REQUESTED AND SHALL NOT INCLUDE MULTIPLE ANIMAL
EXEMPTION REQUESTS IN ONE DETERMINATION
.
(b) T
HE COMMISSIONER MAY SUBMIT A SIGNED COMPLAINT TO THE
STATE BOARD OF VETERINARY MEDICINE IF THE COMMISSIONER HAS REASON
TO BELIEVE THAT A VETERINARIAN
'S WRITTEN DECLARATION SUBMITTED
PURSUANT TO SUBSECTION
(2) OR (2.3) OF THIS SECTION IS IN VIOLATION OF
SECTION
12-315-112.
(c) A
T THE TIME OF LICENSE RENEWAL, EACH ANIMAL SHELTER OR
PET ANIMAL RESCUE SHALL PROVIDE THE DEPARTMENT WITH INFORMATION
PAGE 2-SENATE BILL 24-045 REGARDING ANIMALS EXEMPTED PURSUANT TO SUBSECTIONS (2) AND (2.3)
OF THIS SECTION. THE ANIMAL SHELTER OR PET ANIMAL RESCUE SHALL
PROVIDE THE INFORMATION IN THE FORM PROVIDED BY THE DEPARTMENT
AND SHALL INCLUDE THE BREED
, AGE, CATEGORY OF EXEMPTION ,
REASONING FOR THE EXEMPTION , AND NAME AND LICENSE NUMBER OF THE
VETERINARIAN LICENSED IN
COLORADO THAT MADE THE EXEMPTION
DETERMINATION
.
(3) This section does not apply to:
(e) A facility in an area with limited access to licensed veterinarians
that has been granted an exemption by the commissioner;
EXCEPT THAT ANY
ANIMAL SHELTER OR PET ANIMAL RESCUE THAT IMPORTS UNSTERILIZED
DOGS OR CATS INTO THE STATE IS INELIGIBLE FOR AN EXEMPTION
.
SECTION 2. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 3-SENATE BILL 24-045 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 4-SENATE BILL 24-045