First Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 13-0583.01 Jennifer Berman x3286HOUSE BILL 13-1231
                    HOUSE SPONSORSHIP
 Lebsock, Fischer, Ginal, Hullinghorst, Labuda, Lee, McCann, Melton, Primavera, Rosenthal
 
                   SENATE SPONSORSHIP
 Jones, Carroll, Guzman, Todd
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Health, Insurance & Environment
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a prohibition against routine tail docking of
            dairy cattle.
       
       
                           Bill Summary
       
            (Note: This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill prohibits the routine practice of docking the tail of any
       dairy cattle; however, it allows tail docking if the following conditions are
       met:
                 A licensed veterinarian performs the tail docking;
                 The tail docking is performed for a therapeutic purpose;
                 Anesthesia is used on the animal during the procedure; and
                 The veterinarian conducts the procedure in a manner that
                 minimizes the animal's long-term pain and suffering.   
            It is an affirmative defense to an alleged violation of the bill that
       the tail of any dairy cattle was docked before December 1, 2013.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, add article 50.7 to
       title 35 as follows:
                           ARTICLE 50.7
                        Bovine Tail Docking
            35-50.7-101. Definitions. As used in this article, unless the
       context otherwise requires:
            (1)  "Dairy cattle" means a living member of the bovine
       species whose primary use is or will be to produce milk.
            (2)  "Dock" or "docking" means to cut or remove a portion
       of the bone, nerve, muscle, or tendon of an animal's tail.
            (3)  "Person" has the same meaning as set forth in section
       2-4-401 (8), C.R.S.
            (4)  "Therapeutic", as applied to a treatment or procedure,
       means a type of treatment or procedure that a licensed
       veterinarian, as defined in section 12-64-103 (9), C.R.S., deems
       medically necessary to treat a sick or injured animal. The term
       does not include treatment that is merely prophylactic in
       nature.
            35-50.7-102. Prohibitions - exceptions - penalty. (1)  A person
       shall not dock the tail of any dairy cattle or cause another
       person to dock the tail of any dairy cattle, unless a licensed
       veterinarian performs the procedure:
            (a)  For a therapeutic purpose;
            (b)  Using suitable instruments;
            (c)  Under hygienic conditions;
            (d)  After sufficiently anesthetizing the animal to minimize
       its pain and suffering; and
            (e)  In a manner that minimizes the animal's long-term pain
       and suffering.
            (2)  A person who violates this article commits a class 2 
       petty offense and shall be punished by a fine not to exceed five
       hundred dollars, as provided in section 18-1.3-503, C.R.S.
            (3)  It is not an affirmative defense to an alleged violation
       of this section that tail docking was performed as part of an
       existing animal husbandry practice.
            (4)  It is an affirmative defense to an alleged violation of
       this section that the tail of any dairy cattle was docked before
       December 1, 2013.
            35-50.7-103. Applicability. The provisions of this article are
       in addition to, and not in lieu of, other laws protecting animal
       welfare. This section neither limits other state animal welfare
       laws, or the rules promulgated under them, nor prevents a
       local governing body from adopting and enforcing its own
       animal welfare laws and regulations.
            SECTION 2.  Act subject to petition - effective date. This act
       takes effect December 1, 2013; 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 the ninety-day period
       after final adjournment of the general assembly, then the act, item,
       section, or part will not take effect unless approved by the people at the
       general election to be held in November 2014 and, in such case, will take
       effect on the date of the official declaration of the vote thereon by the
       governor.