HOUSE 3rd Reading Unamended February 18, 2016 HOUSE Amended 2nd Reading February 16, 2016Second Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 16-0354.02 Christy Chase x2008 HOUSE BILL 16-1120 HOUSE SPONSORSHIP Ginal, SENATE SPONSORSHIP Tate, House Committees Senate Committees Public Health Care & Human Services A BILL FOR AN ACT Concerning the requirement that domestic pets be vaccinated against rabies. 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.) Under current law, local governments may determine whether to require pet owners to vaccinate their pets against rabies through a licensing program. Additionally, when public health and safety are at risk, county or district health departments may order all dogs, cats, other pet animals, or other mammals in the in the county or district to be vaccinated against rabies. The bill imposes a statewide requirement that all dogs and cats that are 4 months old or older be vaccinated against rabies. Dog and cat owners must ensure that their animals are vaccinated within 90 days after assuming ownership, and a licensed veterinarian must administer the vaccination and issue to the owner a rabies vaccination certificate and a tag to be attached to the animal's collar. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 25-4-607, amend (1) and (2); and add (5) as follows: 25-4-607. Order of board of health requiring inoculation of animals - all dogs and cats to be vaccinated - veterinarian waiver. (1) (a) When it is deemed advisable in the interest of public health and safety, the board of health of an organized health department or a county board of health may order that All dogs and cats other pet animals, or other mammals in the county or district four months of age or older shall be vaccinated against rabies, such vaccination to be performed by a licensed veterinarian using a vaccine that is licensed by the United States department of agriculture for use in those species. (b) (I) Notwithstanding the provisions of paragraph (a) of this subsection (1), a board of health of an organized health department or a county board of health shall not order the inoculation of dogs, cats, or ferrets against rabies any more frequently than is recommended in the "Compendium of Animal Rabies Control", as promulgated by the National Association of State Public Health Veterinarians. Except as provided in subparagraphs (II) and (III) of this paragraph (b), an owner shall ensure that his or her dog or cat is vaccinated against rabies within ninety days after assuming ownership of the animal. (II) If an owner obtains ownership of a dog or cat at the time the animal is born or when the animal is less than four months old, the owner shall ensure that the animal is vaccinated against rabies within ninety days after the animal turns four months old. (III) This paragraph (b) does not limit the ability of a board of health of an organized health department or a county board of health to require dog and cat owners to vaccinate their dogs and cats within a shorter period than specified in this paragraph (b) as long as the requirement complies with the department of public health and environment's recommendations concerning the minimum age for rabies vaccinations. (c) A licensed veterinarian administering the rabies vaccination to the animal shall do so in accordance with the version of the "Compendium of Animal Rabies Prevention and Control", promulgated by the National Association of State Public Health Veterinarians or its successor organization, that is in effect at the time the vaccination is administered. (d) A veterinarian who administers a rabies vaccination to a dog or cat shall promptly issue to the owner a rabies vaccination certificate and tag and a means for attaching the tag to the animal's collar. (e) Nothing in this subsection (1) requires the owner or lessee of agricultural land to ensure that feral cats that are located or found on the agricultural land are vaccinated against rabies unless otherwise required by a county or municipality pursuant to subsection (5) of this section. (f) For purposes of this subsection (1): (I) "Agricultural land" means land classified as agricultural land, as defined in section 39-1-102 (1.6), C.R.S., on which a farm, as defined in section 39-1-102 (3.5), C.R.S., is operated. (II) "Owner" includes a pet animal facility, as defined in section 35-80-102 (11), C.R.S., that has obtained or assumed ownership of a dog or cat. (2) A veterinarian, with the written consent of an animal's owner, may issue a written waiver pursuant to the rules of the health department, exempting an animal from a the rabies vaccination order requirement in subsection (1) of this section if the veterinarian, in his or her professional opinion, determines that the rabies inoculation is contraindicated due to the animal's medical condition. (5) (a) Except as provided in paragraph (b) of this subsection (5), a county or municipality may establish requirements for the implementation and enforcement of rabies control within its jurisdiction as long as the requirements are at least as stringent as the requirements of this section. (b) A county or municipality shall not require revaccination of an animal that is currently vaccinated unless the vaccination is for post-exposure treatment of rabies. SECTION 2. In Colorado Revised Statutes, repeal 25-4-608 as follows: 25-4-608. Notice of order requiring inoculation of animals. The order of a board of health of a health department or a county board of health requiring inoculation of all dogs, cats, other pet animals, or other mammals shall not become effective until twenty-four hours after notice of adoption of the order requiring inoculation of all dogs, cats, other pet animals, or other mammals has been published in a newspaper of general circulation in the county or district. SECTION 3. In Colorado Revised Statutes, repeal 25-4-609 as follows: 25-4-609. Effect of order requiring inoculation of animals. Sections 25-4-610 and 25-4-611 shall be in force and effect only in those counties, districts, or portions of counties or districts where an order requiring inoculation of all dogs, cats, other pet animals, or other mammals is in effect. SECTION 4. In Colorado Revised Statutes, amend 25-4-610 as follows: 25-4-610. Uninoculated animals not to run at large - impounding and disposition of animals. It is unlawful for any the owner of any a dog or cat other pet animal, or other mammal which that has not been inoculated as required by the order of the county board of health or board of health of a health department section 25-4-607 (1) to allow it the animal to run at large. The health department or health officer may capture and impound any such dog, cat, other pet animal or other mammal found running at large. and dispose of such animal in accordance with local program policy. Such The power to impound and dispose shall extend of impounded animals extends to any and all animals unclaimed and found or suspected to be affected by rabies, whether wild or domestic. The division of parks and wildlife and law enforcement personnel shall cooperate with and aid the health department or health officer in the enforcement of enforcing this section as it affects animals found or suspected to be affected by rabies when such the animals are in its the division's or law enforcement agency's care, jurisdiction, or control. SECTION 5. In Colorado Revised Statutes, amend 25-4-615 as follows: 25-4-615. Further municipal or county restrictions not prohibited. (1) Except as provided in subsection (2) of this section, nothing in this part 6 shall be construed to limit limits the power of any a municipality or county within this state to: (a) Prohibit dogs from running at large, regardless of whether or not they have been inoculated as provided in this part 6; and nothing in this part 6 shall be construed to limit the power of any municipality to or (b) Regulate and control, and to enforce other and additional measures for the restriction and control of, rabies. (2) Notwithstanding subsection (1) of this section, A municipality or county shall not: (a) Require a dog, cat, or ferret pet animal to be inoculated against rabies any more frequently than is recommended in the current version of the "Compendium of Animal Rabies Prevention and Control" as promulgated by the National Association of State Public Health Veterinarians and or its successor organization; or (b) Restrict the ability of a veterinarian may to issue a written waiver exempting an animal from a rabies vaccination order or mandatory rabies vaccination requirement as provided in section 25-4-607. SECTION 6. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.