Colorado 2025 Regular Session

Colorado Senate Bill SB085 Compare Versions

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1+First Regular Session
2+Seventy-fifth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 25-0413.01 Josh Schultz x5486
18 SENATE BILL 25-085
2-BY SENATOR(S) Kipp and Carson, Cutter, Exum, Jodeh, Kolker,
3-Marchman, Michaelson Jenet, Snyder, Weissman, Winter F., Coleman;
4-also REPRESENTATIVE(S) Rutinel and Paschal, Bird, Boesenecker,
5-Brown, Clifford, Duran, Froelich, Hamrick, Joseph, Lieder, Lindsay,
6-McCormick, Sirota, Stewart K., Valdez.
9+Senate Committees House Committees
10+Health & Human Services Health & Human Services
11+A BILL FOR AN ACT
712 C
8-ONCERNING THE ADOPTION OF ANIMALS THAT ARE TEST SUBJECTS OF
9-HEALTH
10--RELATED RESEARCH.
13+ONCERNING THE ADOPTION OF ANIMA LS THAT ARE TEST SUBJECTS OF101
14+HEALTH-RELATED RESEARCH .102
15+Bill Summary
16+(Note: This summary applies to this bill as introduced and does
17+not reflect any amendments that may be subsequently adopted. If this bill
18+passes third reading in the house of introduction, a bill summary that
19+applies to the reengrossed version of this bill will be available at
20+http://leg.colorado.gov
21+.)
22+The bill requires a facility that uses animals for health-related
23+research (health-related research facility) to offer a dog or cat to an
24+animal shelter or a pet animal rescue for the purpose of adoption before
25+euthanizing the animal. If the health-related research facility has an
26+internal adoption program, the facility may first offer the dog or cat for
27+adoption through the internal adoption program before offering the dog
28+HOUSE
29+3rd Reading Unamended
30+March 31, 2025
31+HOUSE
32+Amended 2nd Reading
33+March 28, 2025
34+SENATE
35+3rd Reading Unamended
36+March 5, 2025
37+SENATE
38+Amended 2nd Reading
39+March 4, 2025
40+SENATE SPONSORSHIP
41+Kipp and Carson, Coleman, Cutter, Exum, Jodeh, Kolker, Marchman, Michaelson Jenet,
42+Snyder, Weissman, Winter F.
43+HOUSE SPONSORSHIP
44+Rutinel and Paschal, Bird, Boesenecker, Brown, Clifford, Duran, Froelich, Hamrick,
45+Joseph, Lieder, Lindsay, McCormick, Sirota, Stewart K., Valdez
46+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
47+Capital letters or bold & italic numbers indicate new material to be added to existing law.
48+Dashes through the words or numbers indicate deletions from existing law. or cat to an animal shelter or a pet animal rescue.
49+A health-related research facility must submit an annual report to
50+the department of public health and environment that includes the
51+following information for the previous year:
52+! The total number of dogs and cats that are used for
53+health-related research conducted at the health-related
54+research facility;
55+! The total number of dogs and cats that the health-related
56+research facility transferred to an animal shelter or a pet
57+animal rescue for the purpose of adoption;
58+! The total number of dogs and cats that the health-related
59+research facility adopted out through an internal adoption
60+program; and
61+! The name and address of each animal shelter or pet animal
62+rescue to which the health-related research facility
63+transferred a dog or cat for the purpose of adoption.
64+Be it enacted by the General Assembly of the State of Colorado:1
65+SECTION 1. In Colorado Revised Statutes, add article 82 to title2
66+35 as follows:3
67+ARTICLE 824
68+Animals in Health-related Research Facilities5
69+35-82-101. Definitions. AS USED IN THIS ARTICLE 82, UNLESS THE6
70+CONTEXT OTHERWISE REQUIRES :7
71+(1) "A
72+NIMAL" MEANS A LIVE VERTEBRATE, NONHUMAN ANIMAL.8
73+(2) "A
74+NIMAL SHELTER" HAS THE MEANING SET FORTH IN SECTION9
75+35-80-102
76+ (1).10
77+(3) "C
78+AT" MEANS A SMALL, DOMESTICATED, CARNIVOROUS11
79+MAMMAL THAT IS A MEMBER OF THE FAMILY FELIDAE, ORDER CARNIVORA.12
80+(4) "C
81+HEMICAL SUBSTANCE" MEANS ANY ORGANIC OR INORGANIC13
82+SUBSTANCE, INCLUDING:14
83+(a) A
84+ DRUG, AS DEFINED IN 21 U.S.C. SEC. 321 (g)(1);15
85+(b) A
86+ PESTICIDE, AS DEFINED IN 7 U.S.C. SEC. 136 (u);16
87+085-2- (c) A CHEMICAL SUBSTANCE, AS DEFINED IN 15 U.S.C. SEC. 26021
88+(2);
89+ AND2
90+(d) A
91+ FOOD ADDITIVE, AS DEFINED IN 21 U.S.C. SEC. 321 (s).3
92+(5) "DEPARTMENT" MEANS THE DEPARTMENT OF AGRICULTURE4
93+CREATED IN SECTION 35-1-103.5
94+(6) "D
95+OG" MEANS ANY MEMBER OF THE SPECIES CANIS FAMILIARIS.6
96+(7) "H
97+EALTH-RELATED RESEARCH" MEANS RESEARCH:7
98+(a) R
99+ELATED TO THE CAUSES , PROGRESSION, DIAGNOSIS,8
100+TREATMENT, CONTROL, OR PREVENTION OF PHYSICAL OR MENTAL9
101+DISEASES AND IMPAIRMENTS OR CHRONIC CONDITIONS OF HUMANS OR10
102+ANIMALS;11
103+(b) R
104+ELATED TO THE DEVELOPMENT OF BIOMEDICAL PRODUCTS OR12
105+DEVICES, AS DEFINED IN 21 U.S.C. SEC. 321 (h); OR13
106+(c) T
107+O TEST THE HEALTH EFFECTS OF CHEMICAL SUBSTANCES ,14
108+INGREDIENTS, MEDICAL DEVICES, VACCINES, PRODUCTS, OR PRODUCT15
109+FORMULATIONS.16
110+(8) (a) "H
111+EALTH-RELATED RESEARCH FACILITY" MEANS AN ENTITY17
112+THAT USES ANIMALS FOR HEALTH -RELATED RESEARCH.18
113+(b) "H
114+EALTH-RELATED RESEARCH FACILITY" DOES NOT INCLUDE19
115+AN ENTITY THAT ONLY PROVIDES A BENEFICIAL SERVICE TO AN ANIMAL ,20
116+SUCH AS SPAYING OR NEUTERING.21
117+(9) "P
118+ET ANIMAL RESCUE" HAS THE MEANING SET FORTH IN22
119+SECTION 35-80-102 (11.2).23
120+35-82-102. Health-related research - dogs and cats - adoption24
121+- reporting - conflict with federal requirements. (1) (a) B EFORE25
122+EUTHANIZING A DOG OR CAT , A HEALTH-RELATED RESEARCH FACILITY26
123+SHALL OFFER THE DOG OR CAT TO AN ANIMAL SHELTER OR A PET ANIMAL27
124+085
125+-3- RESCUE FOR THE PURPOSE OF ADOPTION . IF THE HEALTH-RELATED1
126+RESEARCH FACILITY HAS AN INTERNAL ADOPTION PROGRAM , THE FACILITY2
127+MAY FIRST OFFER THE DOG OR CAT FOR ADOPTION THR OUGH THE INTERNAL3
128+ADOPTION PROGRAM BEFORE OFFERING THE DOG OR CAT TO AN ANIMAL4
129+SHELTER OR A PET ANIMAL RESCUE.5
130+(b) S
131+UBSECTION (1)(a) OF THIS SECTION DOES NOT APPLY IF A6
132+HEALTH-RELATED RESEARCH FACILITY EUTHANIZES A DOG OR CAT FOR7
133+RESEARCH, HEALTH,
134+ OR SAFETY REASONS.8
135+(2) A
136+ HEALTH-RELATED RESEARCH FACILITY MAY ENTER INTO A9
137+COLLABORATIVE AGREEMENT WITH AN ANIMAL SHELTER OR A PET ANIMAL10
138+RESCUE TO SATISFY THE REQUIREMENTS OF THIS SECTION .11
139+(3) A
140+ HEALTH-RELATED RESEARCH FACILITY THAT ACTS IN GOOD12
141+FAITH TO TRANSFER OR ADOPT OUT THROUGH AN INTERNAL ADOPTION
142+13
143+PROGRAM A DOG OR CAT TO AN ANIMAL SHELTER OR A PET ANIMAL14
144+RESCUE PURSUANT TO SUBSECTION (1) OF THIS SECTION IS IMMUNE FROM15
145+CIVIL LIABILITY FOR ACTS OR CIRCUMSTANCES RELATED TO OR RESULTING16
146+FROM THE TRANSFER OR INTERNAL ADOPTION OF THE DOG OR CAT.17
147+(4) (a) B
148+Y JANUARY 31, 2026, AND BY JANUARY 31 EACH YEAR18
149+THEREAFTER, A HEALTH-RELATED RESEARCH FACILITY SHALL SUBMIT TO19
150+THE DEPARTMENT, ON A FORM APPROVED BY THE DEPARTMENT , A REPORT20
151+THAT INCLUDES THE FOLLOWING INFORMATION FOR THE PREVIOUS21
152+CALENDAR YEAR:22
11153
12-Be it enacted by the General Assembly of the State of Colorado:
13-SECTION 1. In Colorado Revised Statutes, add article 82 to title
14-35 as follows:
15-ARTICLE 82
16-Animals in Health-related Research Facilities
17-35-82-101. Definitions. A
18-S USED IN THIS ARTICLE 82, UNLESS THE
19-CONTEXT OTHERWISE REQUIRES
20-:
21-(1) "A
22-NIMAL" MEANS A LIVE VERTEBRATE, NONHUMAN ANIMAL.
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. (2) "ANIMAL SHELTER" HAS THE MEANING SET FORTH IN SECTION
31-35-80-102 (1).
32-(3) "C
33-AT" MEANS A SMALL, DOMESTICATED, CARNIVOROUS MAMMAL
34-THAT IS A MEMBER OF THE FAMILY
35-FELIDAE, ORDER CARNIVORA.
36-(4) "C
37-HEMICAL SUBSTANCE" MEANS ANY ORGANIC OR INORGANIC
38-SUBSTANCE
39-, INCLUDING:
40-(a) A
41- DRUG, AS DEFINED IN 21 U.S.C. SEC. 321 (g)(1);
154+23
155+(I) THE TOTAL NUMBER OF DOGS AND CATS THAT THE24
156+HEALTH-RELATED RESEARCH FACILITY:25
157+(A) T
158+RANSFERRED TO AN ANIMAL SHELTER OR A PET ANIMAL26
159+RESCUE FOR THE PURPOSE OF ADOPTION ; AND27
160+085
161+-4- (B) ADOPTED OUT THROUGH AN INTERNAL ADOPTION PROGRAM ;1
162+AND2
163+(II) THE NAME AND ADDRESS OF EACH ANIMAL SHELTER OR PET3
164+ANIMAL RESCUE TO WHICH THE HEALTH -RELATED RESEARCH FACILITY4
165+TRANSFERRED A DOG OR CAT FOR THE PURPOSE OF ADOPTION .5
42166 (b) A
43- PESTICIDE, AS DEFINED IN 7 U.S.C. SEC. 136 (u);
44-(c) A
45- CHEMICAL SUBSTANCE, AS DEFINED IN 15 U.S.C. SEC. 2602 (2);
46-AND
47-(d) A FOOD ADDITIVE, AS DEFINED IN 21 U.S.C. SEC. 321 (s).
48-(5) "D
49-EPARTMENT" MEANS THE DEPARTMENT OF AGRICULTURE
50-CREATED IN SECTION
51-35-1-103.
52-(6) "D
53-OG" MEANS ANY MEMBER OF THE SPECIES CANIS FAMILIARIS.
54-(7) "H
55-EALTH-RELATED RESEARCH" MEANS RESEARCH:
56-(a) R
57-ELATED TO THE CAUSES, PROGRESSION, DIAGNOSIS, TREATMENT,
58-CONTROL, OR PREVENTION OF PHYSICAL OR MENTAL DISEASES AND
59-IMPAIRMENTS OR CHRONIC CONDITIONS OF HUMANS OR ANIMALS
60-;
61-(b) R
62-ELATED TO THE DEVELOPMENT OF BIOMEDICAL PRODUCTS OR
63-DEVICES
64-, AS DEFINED IN 21 U.S.C. SEC. 321 (h); OR
65-(c) TO TEST THE HEALTH EFFECTS OF CHEMICAL SUBSTANCES ,
66-INGREDIENTS, MEDICAL DEVICES, VACCINES, PRODUCTS, OR PRODUCT
67-FORMULATIONS
68-.
69-(8) (a) "H
70-EALTH-RELATED RESEARCH FACILITY" MEANS AN ENTITY
71-THAT USES ANIMALS FOR HEALTH
72--RELATED RESEARCH.
73-(b) "H
74-EALTH-RELATED RESEARCH FACILITY" DOES NOT INCLUDE AN
75-PAGE 2-SENATE BILL 25-085 ENTITY THAT ONLY PROVIDES A BENEFICIAL SERVICE TO AN ANIMAL , SUCH
76-AS SPAYING OR NEUTERING
77-.
78-(9) "P
79-ET ANIMAL RESCUE" HAS THE MEANING SET FORTH IN SECTION
80-35-80-102 (11.2).
81-35-82-102. Health-related research - dogs and cats - adoption -
82-reporting - conflict with federal requirements. (1) (a) B
83-EFORE
84-EUTHANIZING A DOG OR CAT
85-, A HEALTH-RELATED RESEARCH FACILITY SHALL
86-OFFER THE DOG OR CAT TO AN ANIMAL SHELTER OR A PET ANIMAL RESCUE
87-FOR THE PURPOSE OF ADOPTION
88-. IF THE HEALTH-RELATED RESEARCH
89-FACILITY HAS AN INTERNAL ADOPTION PROGRAM
90-, THE FACILITY MAY FIRST
91-OFFER THE DOG OR CAT FOR ADOPTION THROUGH THE INTERNAL ADOPTION
92-PROGRAM BEFORE OFFERING THE DOG OR CAT TO AN ANIMAL SHELTER OR A
93-PET ANIMAL RESCUE
94-.
95-(b) S
96-UBSECTION (1)(a) OF THIS SECTION DOES NOT APPLY IF A
97-HEALTH
98--RELATED RESEARCH FACILITY EUTHANIZES A DOG OR CAT FOR
99-RESEARCH
100-, HEALTH, OR SAFETY REASONS.
101-(2) A
102- HEALTH-RELATED RESEARCH FACILITY MAY ENTER INTO A
103-COLLABORATIVE AGREEMENT WITH AN ANIMAL SHELTER OR A PET ANIMAL
104-RESCUE TO SATISFY THE REQUIREMENTS OF THIS SECTION
105-.
106-(3) A
107- HEALTH-RELATED RESEARCH FACILITY THAT ACTS IN GOOD
108-FAITH TO TRANSFER OR ADOPT OUT THROUGH AN INTERNAL ADOPTION
109-PROGRAM A DOG OR CAT TO AN ANIMAL SHELTER OR A PET ANIMAL RESCUE
110-PURSUANT TO SUBSECTION
111-(1) OF THIS SECTION IS IMMUNE FROM CIVIL
112-LIABILITY FOR ACTS OR CIRCUMSTANCES RELATED TO OR RESULTING FROM
113-THE TRANSFER OR INTERNAL ADOPTION OF THE DOG OR CAT
114-.
115-(4) (a) B
116-Y JANUARY 31, 2026, AND BY JANUARY 31 EACH YEAR
117-THEREAFTER
118-, A HEALTH-RELATED RESEARCH FACILITY SHALL SUBMIT TO THE
119-DEPARTMENT
120-, ON A FORM APPROVED BY THE DEPARTMENT , A REPORT THAT
121-INCLUDES THE FOLLOWING INFORMATION FOR THE PREVIOUS CALENDAR
122-YEAR
123-:
124-(I) T
125-HE TOTAL NUMBER OF DOGS AND CATS THAT THE
126-HEALTH
127--RELATED RESEARCH FACILITY:
128-PAGE 3-SENATE BILL 25-085 (A) TRANSFERRED TO AN ANIMAL SHELTER OR A PET ANIMAL RESCUE
129-FOR THE PURPOSE OF ADOPTION
130-; AND
131-(B) ADOPTED OUT THROUGH AN INTERNAL ADOPTION PROGRAM ; AND
132-(II) THE NAME AND ADDRESS OF EACH ANIMAL SHELTER OR PET
133-ANIMAL RESCUE TO WHICH THE HEALTH
134--RELATED RESEARCH FACILITY
135-TRANSFERRED A DOG OR CAT FOR THE PURPOSE OF ADOPTION
136-.
137-(b) A
138- HEALTH-RELATED RESEARCH FACILITY WITH AN INTERNAL
139-ADOPTION PROGRAM SHALL NOT REPORT ANY PERS ONAL IDENTIFYING
140-INFORMATION ABOUT AN INDIVIDUAL INTERNAL ADOPTER
141-.
142-(5) I
143-F ANY PROVISION OF THIS ARTICLE 82 IS FOUND TO BE IN
144-CONFLICT WITH THE FEDERAL
145-"ANIMAL WELFARE ACT", 7 U.S.C. SEC. 2131
146-ET SEQ., THE CONFLICTING PART OF THIS ARTICLE 82 IS INOPERATIVE SOLELY
147-TO THE EXTENT OF THE CONFLICT
148-, AND THE FINDING OR DETERMINATION
149-SHALL NOT AFFECT THE OPERATION OF THE REMAINDER OF THIS ARTICLE
150-82.
151-SECTION 2. Act subject to petition - effective date. This act
152-takes effect at 12:01 a.m. on the day following the expiration of the
153-ninety-day period after final adjournment of the general assembly; except
154-that, if a referendum petition is filed pursuant to section 1 (3) of article V
155-of the state constitution against this act or an item, section, or part of this act
156-within such period, then the act, item, section, or part will not take effect
157-unless approved by the people at the general election to be held in
158-PAGE 4-SENATE BILL 25-085 November 2026 and, in such case, will take effect on the date of the official
159-declaration of the vote thereon by the governor.
160-____________________________ ____________________________
161-James Rashad Coleman, Sr. Julie McCluskie
162-PRESIDENT OF SPEAKER OF THE HOUSE
163-THE SENATE OF REPRESENTATIVES
164-____________________________ ____________________________
165-Esther van Mourik Vanessa Reilly
166-SECRETARY OF CHIEF CLERK OF THE HOUSE
167-THE SENATE OF REPRESENTATIVES
168- APPROVED________________________________________
169- (Date and Time)
170- _________________________________________
171- Jared S. Polis
172- GOVERNOR OF THE STATE OF COLORADO
173-PAGE 5-SENATE BILL 25-085
167+ HEALTH-RELATED RESEARCH FACILITY WITH AN INTERNAL6
168+ADOPTION PROGRAM SHALL NOT REPORT ANY PERSONAL IDENTIFYING7
169+INFORMATION ABOUT AN INDIVIDUAL INTERNAL ADOPTER .8 (5) IF ANY PROVISION OF THIS ARTICLE 82 IS FOUND TO BE IN9
170+CONFLICT WITH THE FEDERAL "ANIMAL WELFARE ACT", 7 U.S.C. SEC.10
171+2131 ET SEQ., THE CONFLICTING PART OF THIS ARTICLE 82 IS INOPERATIVE11
172+SOLELY TO THE EXTENT OF THE CONFLICT , AND THE FINDING OR12
173+DETERMINATION SHALL NOT AFFECT THE OPERATION OF THE REMAINDER13
174+OF THIS ARTICLE 82.14
175+SECTION 2. Act subject to petition - effective date. This act15
176+takes effect at 12:01 a.m. on the day following the expiration of the16
177+ninety-day period after final adjournment of the general assembly; except17
178+that, if a referendum petition is filed pursuant to section 1 (3) of article V18
179+of the state constitution against this act or an item, section, or part of this19
180+act within such period, then the act, item, section, or part will not take20
181+effect unless approved by the people at the general election to be held in21
182+November 2026 and, in such case, will take effect on the date of the22
183+official declaration of the vote thereon by the governor.23
184+085
185+-5-