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SENATE BILL 98153
BY SENATOR Hernandez;
also REPRESENTATIVES Johnson, Epps, Gotlieb, Kaufman,
Kreutz, Mace, Reeser, and Salaz.
CONCERNING REGULATORY MEASURES TO SAFEGUARD THE WELFARE
OF PET ANIMALS, AND, IN CONNECTION THEREWITH, AMENDING THE DEFINITIONS
OF "PET ANIMAL FACILITY" AND "SMALL ANIMAL HOBBY
BREEDER FACILITY" AND REGULATING THE BANDING OF PSITTACINE
Be it enacted by the General Assembly of the State
SECTION 1. 3580102
(11) and (12), Colorado Revised Statutes, are amended, and the
said 3580102 is further amended BY THE ADDITION OF
A NEW SUBSECTION, to read:
As used in this article, unless the context otherwise requires:
(11) "Pet animal facility" means
any place or premise used in whole or in part, which part is used
for the keeping of pet animals for the purpose of adoption, breeding,
boarding, grooming, handling, selling, sheltering, trading, or
otherwise transferring such animals. "Pet animal facility"
also includes any individual animals kept by such a facility as
breeding stock, such licensing of individual breeding stock to
be inclusive in the pet animal facility license. "Pet animal
facility" shall not mean a common carrier engaged in intrastate
or interstate commerce. FOR PURPOSES OF THIS ARTICLE, TWO OR MORE
ANIMAL FACILITIES THAT HAVE THE SAME OR A SIMILAR PURPOSE AND
OPERATE FROM ONE PLACE OR PREMISE SHALL BE CONSIDERED A SINGLE
PET ANIMAL FACILITY.
(11.8) "SMALL ANIMAL BREEDER FACILITY"
MEANS ANY FACILITY THAT TRANSFERS MORE SMALL MAMMALS THAN THE
MAXIMUM NUMBER ESTABLISHED BY THE COMMISSIONER BY RULE FOR EACH
(12) "Small animal hobby breeder
facility" means any facility
THAT transfers no more
A NUMBER OF SMALL MAMMALS THAT IS LESS than two
hundred rodents or lagomorphs in the aggregate per year
THE MAXIMUM NUMBER ESTABLISHED BY THE COMMISSIONER BY RULE FOR
EACH PARTICULAR SPECIES.
SECTION 2. Article
80 of title 35, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
3580106.5. Psittacine bird
leg band fee. (1) EACH
APPLICANT FOR A COLORADO PSITTACINE BIRD LEG BAND SHALL BE ISSUED
A BIRD LEG BAND NUMBER BY THE COMMISSIONER AFTER PAYING THE REQUIRED
APPLICATION FEE, AND EACH HOLDER OF A BIRD LEG BAND NUMBER SHALL
PAY AN ANNUAL RENEWAL FEE ON OR BEFORE OCTOBER 1 OF EACH YEAR.
(2) THE APPLICATION AND RENEWAL FEES DESCRIBED
IN SUBSECTION (1) OF THIS SECTION SHALL BE SET FORTH IN RULE ADOPTED
BY THE COMMISSIONER.
SECTION 3. 3580108
(1) (i), Colorado Revised Statutes, is amended to read:
3580108. Unlawful acts.
(1) Unless otherwise authorized by law, it is unlawful
and a violation of this article for any person or entity:
(i) To import or have in such person's
possession for the purpose of selling, trading, giving, or otherwise
transferring certain species of birds designated by the commissioner
over the age of ten days unless such
bird is THAT HAVE NOT BEEN legally
banded with a type of
leg band authorized by the commissioner.
This paragraph (i) shall not apply to any operating zoological
park or to a research institution using birds for scientific research
recognized as such by the commissioner; except that certain species
of birds sold or transferred by these institutions to the public
must be legally banded. APPLIED DURING
THE PREFEATHERED STAGE OF DEVELOPMENT AND APPROPRIATE TO THE SIZE
AND SPECIES OF THE BIRD;
SECTION 4. 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.
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
GOVERNOR OF THE STATE