HB 1011

HOUSE BILL 26-1011
BY REPRESENTATIVE(S) Duran and McCormick, Bacon, Brown,
English, Froelich, Goldstein, Hamrick, Joseph, Lindsay, Nguyen, Rutinel,
Rydin, Valdez, Garcia, Smith;
also SENA TOR(S) Rodriguez and Roberts, Amabile, Cutter, Coleman.
CONCERNING THE TRANSFER OF CERTAIN PET ANIMALS IN COLORADO.
Be it enacted by the General Assembly of the State of Colorado:
       SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
        (a) Dogs in commercial breeding facilities, known as puppy mills,
spend most of their lives in cramped cages, where they are forced to
produce litter after litter and suffer from inadequate care, which frequently
results in disease, behavioral issues, and even death;
       (b) While there are federal regulations intended to provide oversight
of commercial breeding facilities, these federal regulations do not suffice
in preventing cruelty to dogs in these facilities;
        (c) Retail stores and brokers selling dogs to the public engage in
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.
deceptive business practices, harming consumers across the state who are
falsely made to believe that they are purchasing healthy puppies; and
       ( d) Therefore, it is the policy of the state to end the sales and other
transfers of dogs in retail stores and by brokers in order to:
       (I) Shut down the puppy mill pipeline and end the cruelty to dogs in
these facilities;
         (II) Protect consumers from deceptive business practices; and
       (III) Support responsible breeders, animal shelters, and pet animal
rescues.
        (2) The general assembly further finds and declares that nothing in
this act impacts agricultural operations in the state.
       SECTION 2. In Colorado Revised Statutes, 35-80-102, add (1.7)
and (8.5) as follows:
         35-80-102. Definitions.
         As used in this article 80, unless the context otherwise requires:
         (1.7) (a)   "BROKER" MEANS A PERSON THAT, FOR PROFIT, SELLS,
LEASES, OFFERS TO SELL OR LEASE, BARTERS, AUCTIONS, OR OTHERWISE
TRANSFERS OWNERSHIP OF, IN PERSON OR ONLINE, A PET ANIMAL BRED BY
ANOTHER PERSON.
         (b)    "BROKER" DOES NOT INCLUDE A PERSON THAT TRANSFERS NO
MORE THAN THREE SINGLE PET ANIMALS PER EACH CALENDAR YEAR IF THE
PERSON TRANSFERS EACH SINGLE PET ANIMAL NO MORE THAN ONCE.
         (8.5)   "GOVERNMENTAL AGENCY" MEANS A STATE AGENCY OR AN
OFFICE,        DEPARTMENT,   DIVISION,   BOARD,     BUREAU,     COMMISSION,
INSTITUTION, OR AGENCY OF A COUNTY, CITY, OR CITY AND COUNTY IN THE
STATE.
       SECTION 3. In Colorado Revised Statutes, amend 35-80-108.5 as
follows:
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        35-80-108.5. Pet stores - brokers - exceptions - short title.
       (1) The short title of this section is the "Pet Store Consumet
Prnteetion Act" "PISTOL THE POMERANIAN PROTECTION ACT".
        (2) A pet store that sells ot offet s fut sale dogs ot cats shall.
      (2) (a) Include on all advertisements, including website postings, the
pm chase pdce of the dog or cat and any applicable f-edetal ot state license
numbets fut the bteedet of the dog or cat; ON AND AFTER JANUARY 1,2028,
A PET STORE SHALL NOT SELL, LEASE, OFFER TO SELL OR LEASE, BARTER,
AUCTION, OR OTHERWISE TRANSFER OWNERSHIP OF A DOG OR CAT.
       (b) Post on the enclosure of each dog ot cat the pm chase pdce of the
dog or cat and the following infutmation on the dog's m cat's bteedet. Full
name, kennel name, if applicable; city; state, and any applicable state or
fedetal license numbets, and NOTHING IN THIS SECTION PROHIBITS A PET
STORE FROM PROVIDING SPACE FOR THE DISPLAY OF DOGS OR CATS
AVAILABLE FOR ADOPTION IF:
      (I) THE DOGS OR CATS ARE DISPLA YEO BY A LICENSED ANIMAL
SHELTER OR PET ANIMAL RESCUE;
       (II) THE PET STORE DOES NOT RECEIVE A FEE IN CONNECTION WITH
THE DISPLAY OF THE DOGS OR CATS; AND
       (III) ANY DOG OR CAT DISPLA YEO FOR ADOPTION IS STERILIZED IN
ACCORDANCE WITH APPLICABLE STATE AND LOCAL REGULATIONS.
       (c) Disclose to a prnspective consmnet in wdting, ptiot to the sale
of a dog or cat, the fullo wing infut mation about the dog ot cat.
       (I) The pm chase pt ice of the dog or cat,
       (II) The intet est t ate or t ange associated with any financing ot credit
catd offeted to the prnspective pmchaset, and
       (III) Any applicable federal ot state license numbet s and an
unredacted list of all violations of any fedetal ot state law the dog or cat
hr ceder, brnker, or transportet received in the pt e vious two years on a
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fede1 al 01 state inspection I eport.
        (3) Nothing in this section precludes a statutory or home rule town,
city, county, or city and county from enacting laws more stringent than the
requirements of this section. including a prnhibition on the sale or offer for
sale of dogs and cats.
       (4) (a) A BROKER SHALL NOT SELL, LEASE, OFFER TO SELL OR LEASE,
BARTER, AUCTION, OR OTHERWISE TRANSFER OWNERSHIP OF A DOG OR CAT.
       (b) SUBSECTION (4)(a) OF THIS SECTION DOES NOT APPLY TO:
       (I) THE SALE, TRANSFER, OR ADOPTION OF AN ANIMAL, INCLUDING
A LAW ENFORCEMENT ANIMAL, TO A GOVERNMENTAL AGENCY;
       (II)   THE SALE, TRANSFER, OR ADOPTION OF A GUIDE, SIGNAL, OR
SERVICE DOG;
       (III) THE SALE, TRANSFER, OR ADOPTION OF A DOG OR CAT BY AN
ANIMAL SHELTER OR PET ANIMAL RESCUE;
       (IV) THE SALE, TRANSFER, OR ADOPTION OF A DOG BRED OR TRAINED
FOR LAWFUL HUNTING TO OR BY AN INDIVIDUAL WHO POSSESSES A CURRENT
HUNTING LICENSE IN GOOD STANDING ISSUED BY THE DIVISION OF PARKS AND
WILDLIFE PURSUANT TO ARTICLE 4 OF TITLE 33;
       (V)    THE SALE OR TRANSFER OF A DOG OR CAT BY THE ORIGINAL
BREEDER OF THE DOG OR CAT; OR
       (VI) THE SALE, TRANSFER, OR ADOPTION OF A DOG OR CAT BY A
HEALTH-RELATED RESEARCH FACILITY PURSUANT TO SECTION 35-82-102.
       SECTION 4. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
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the support and maintenance of the departments of the state and state
institutions.
Ju~  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
                                                   Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED Oh W-e.oll"l.4ol~ ~l'Ytl 2.,9t\.-i z.o~ aj  /o:a:Jnm
                           (Da and t ime)
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