Legislation
Current 2008 Bills
COLORADO HOUSE BILL #1308 GOES FROM LION TO A LAMB?
Today I attended another hearing at the Capitol on HB 08-1308 which started out as a very contorted animal rights bill with language that would have changed the status of pet animals to 'more than property' and allowed for suing of vets for 'loss of companionship'. Because of strong opposition from the veterinarians, Colorado Federation of Dog Clubs and others, it kept getting pulled each time it was scheduled to be heard in committee. Four times they pulled this bill after it was scheduled for hearings. Finally last month, the bill was effectively 'gutted' the night before hearings were scheduled again in the House Judiciary Committee. It was presented with amendments that transformed it into a bill allowing for dogs/cats/ferrets to get exemption from rabies shots for health reasons. It was voted on and approved by the House of Representative last week, and today the bill passed out of the Senate Agriculture Committee on a 4-0 vote. This one has gone from bad news, to a really quite practical bill, because of the efforts of all those opposed to the original bill's animal rights language. No more surprises today in the committee hearing, and it is really a necessary exemption for dogs that shouldn't be receiving rabies shots because of poor health or reactions. It requires that those dogs, cats and ferrets be give exemption by all communities in Colorado that require rabies shots for tags, and also makes it mandatory that rabies will not be required more frequently than the Rabies Compendium http://www.in.gov/boah/rabies/rabiescompendium2008.pdf recommends. That means no communities can require unnecessary yearly rabies vaccinations in Colorado, which is a good thing.
The Federation is still taking a 'neutral' position rather than 'support' on this bill solely because of the title, which has absolutely nothing to do with what the bill now addresses, BUT which could allow for amendments to put back in the deleted portions. The Senate Sponsor has agreed that he will not allow for any amendments that would add those animal rights provisions back in, but we will still be ready to act if needed. It will pass very quickly through the Senate now, since only a week or so left in this session. We will continue to monitor the bill very closely until it is passed. It is the last one for this year! Yea!
Many thanks to Janet Fox Stephens for her hard work on this and the other bills this year! We need to be thinking about what we might like to see happen next year with state level legislation and be prepared when January rolls around again!
Linda Hart
CFDC Secretary and Liaison
Bills of Interest
HB08-1042 ANIMAL MASSAGE PRACTITIONERS
By: Rep. McKinley and Sen. Brophy
The bill exempts from the ‘Colorado Veterinary Practice Act” persons who perform massage therapy on animals, so long as such persons:
- Have earned a degree or certificate in animal massage from an accredited school
- Do not prescribe drugs, perform surgery, or diagnose medical conditions
The bill defines massage therapy and states that massage does not include chiropractic or acupuncture that fall outside the scope of massage.
CFDC Position: Actively Monitor
Status: Passed House; Scheduled in Senate Agriculture Committee on 2/21/08
HB08-1185 SPAY/NEUTER SHELTER DOGS AND CATS
By: Representative Peniston and Senator Taylor
The bill requires that dogs and cats be sterilized before being released to prospective owners from animal shelters and pet animal rescues. It allows for release of unsterilized dogs and cats when the sterilization procedure would jeopardize the health or life of the animals. It provides for the following exemptions from the bill:
- The release of a dog or cat to a person with prior and continuing ownership rights to the dog or cat who is reclaiming the animal from an animal shelter or pet animal rescue
- The transfer of an animal from one animal shelter or rescue to another
- Animal shelters or pet animal rescues with existing sterilization programs
- Public animal shelters eligible for waiver of licensing fees pursuant to rules promulgated by the commissioner
CFDC Position: Oppose to Actively Monitor
Status: Passed House Agriculture Committee; up for 2nd reading House
HB 08-1308 TREATMENT CAUSING HARM CERTAIN ANIMALS
By: Representative Stafford and none
This bill permits the owner of a companion or assistance animal to recover damages (up to $25,000 for loss of companionship, under certain circumstances, if the animal is tortured or needlessly tormented or killed. Owners may also recover damages, under certain circumstances, if a veterinarian’s negligence caused injury or death to the animal. The bill requires a veterinarian to get informed consent from an animal’s owner prior to performing a service that involves serious risk to the animal.
Under the bill, a veterinarian who complies with the informed consent requirement is not liable for damages. It also provides immunity from liability for negligence resulting in injury or death of a companion or assistance animal for veterinarians who do not inoculate the animal if they certify that inoculation is contraindicated. The bill requires licensing authorities to accept such certification from a veterinarian in lieu of evidence of vaccination for the purpose of issuing a license for an animal.
The bill adds knowingly, recklessly or with criminal negligence causing serious physical harm to an assistance dog or service animal to the existing class 6 felony of aggravated cruelty to animals.
The bill carries a state fiscal note of $281,000.
The bill creates a new cause of action and will increase lawsuits and civil cases filed in court. The bill increases the damages that may be awarded to an owner if the animal is harmed or killed.
The bill defines “assistance animal” and “companion animal.” It also states that companion animals and assistance animals are often treated as members of the family and that they are not mere property but comprise “living property” and as such should be granted special recognition under Colorado Law.
CFDC Position: Actively Oppose
Status: Assigned to House Judiciary Committee; bill delayed due to strong opposition; amendments will be given to interested parties next week.
To follow these and other bills, go to: www.leg.state.co.us and click on House or Senate bills.
Here is the status of 2006
legislative bills affecting Colorado
dog owners:
If you would like the state legislative liaison to speak at your dog club meeting please contact us by e-mail.
HB 06-1146 Concerning the Proper Confinement of Animals. Did NOT pass. This bill would have established minimal standards for the proper confinement of animals. The CFDC opposed this bill for the following reasons:
- 1. Almost all provisions of this bill are already found in current Law.
- 2. The bill is too prescriptive in some areas and too broad in others. It is so broad as to entrap people that are not abusing their dogs, and allows a conviction for cruelty to animals and impoundment and forfeiture of the animal.
- 3. Current law gives animal control officers more leeway in determining cruelty to animals. This bill may put them in an untenable position. What is the standard requirement for “regular cleaning”?
- 4. Who will determine if a shelter is appropriate to an animal’s breed and physical condition? Will animal control determine the differences in what a Saint Bernard or Poodle needs? Are they licensed practitioners to adequately assess “physical condition”? These are subjective requirements in the bill.
- 5. This is a dog law and should not cover all the other animals that do not go outside.
- 6. When specific language such as this is added to law, it may limit the more general areas of law and could preclude the enforcement of more general laws. It would then make other areas of the law become more prescriptive to match this law.
- 7. The bill addresses all pet animals, but is written to reflect confinement of dogs.
HB 06-1057 Concerning Criminal Acts Involving Animals. Passed. This bill requires medical doctors to report serious dog bites to law enforcement when the doctor believes that the bite was inflicted on the patient by a dangerous dog. The bill, by reference to CRS 18-9-204.5, defines dangerous dog, bodily injury, and serious bodily injury. The CFDC supported this bill.
HB 06-1132 Concerning the disposition of Animals Impounded under Animal Cruelty Laws... Passed. This bill revised existing laws dealing with fees related to the impoundment of animals pursuant to a financial bond. The bill permits owners to request a hearing regarding the reasonableness of charges, and addresses disbursement of proceeds when an animal is sold. The CFDC monitored this bill.
SB06-025 Concerning Modifications to the Statute Governing Unlawful Ownership of a Dangerous Dog. Passed. This bill strengthened the existing dangerous dog law to require owners of dogs that have been adjudicated as dangerous to provide written disclosure to veterinarians, groomers, subsequent owners, and other care providers that the dog is dangerous. This language permits these otherwise unsuspecting providers to be able to take safety precautions when dealing with dangerous dogs. The bill mandates when a court should order destruction of a dangerous dog, and also permits the impound agency to determine where the dog should be held. The CFDC supported this bill.
SB 06-054 Concerning the Repeal of Provisions that Prohibit the Local Regulation of Dangerous Dogs in a Manner that is Specific to Breed. Did NOT pass. This bill attempted to repeal the state law that prohibits cities and counties from enacting breed specific legislation. The CFDC opposed this bill.
