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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0368.01 Clare Haffner x6137 HOUSE BILL 26-1183
House Committees Senate Committees
Agriculture, Water & Natural Resources
Appropriations
A BILL FOR AN ACT
CONCERNING THE CONTINUATION OF THE LICENSING OF PET ANIMAL101
FACILITIES BY THE COMMISSIONER OF AGRICULTURE IN102
ACCORDANCE WITH THE "PET ANIMAL CARE AND FACILITIES103
ACT", AND, IN CONNECTION THEREWITH, IMPLEMENTING THE104
RECOMMENDATIONS CONTAINED IN THE 2025 SUNSET REPORT105
BY THE DEPARTMENT OF REGULATORY AGENCIES.106
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://leg.colorado.gov/.)
Sunset Process - House Agriculture, Water, and Natural
HOUSE
3rd Reading Unamended
March 24, 2026
HOUSE
Amended 2nd Reading
HOUSE
Amended 2nd Reading
March 23, 2026
HOUSE SPONSORSHIP
McCormick and Duran, Brown, Goldstein, Joseph, Lindsay, Marshall, Nguyen, Rutinel,
Smith, Valdez
SENATE SPONSORSHIP
Cutter and Pelton B.,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
Resources Committee. The bill implements the recommendations of the
department of regulatory agencies in its 2025 sunset review of the "Pet
Animal Care and Facilities Act" (PACFA) as follows:
! Sections 1 and 2 of the bill continue the commissioner of
agriculture's (commissioner) function of licensing pet
animal facilities in accordance with the PACFA for 15
years, until 2041;
! Section 3 amends the PACFA's pet animal advisory
committee (committee) membership structure by requiring
the commissioner, on and after January 1, 2027, to appoint
15 members with certain specifications. Section 3 also
specifies that members appointed to the committee on and
after January 1, 2027, may serve no more than 2
consecutive terms of 4 years.
! Section 4 prohibits the importation of certain pet animals
into the state without a valid certificate of veterinary
inspection issued by an accredited veterinarian in the state
of origin within 10 days prior to the pet animal's arrival in
Colorado;
! Section 5 clarifies that the commissioner is authorized to
adopt rules extending the required minimum holding
periods for pet animals held by or in the custody of a
licensed animal shelter;
! Section 6 removes the current maximum fee amount of
$700 for pet animal facility license application fees and
permits the commissioner to establish the fee amount by
rule, which amount must be based on the direct and indirect
costs of processing license applications;
! Section 7 raises the maximum civil penalty amount for a
violation of the PACFA or of a rule adopted pursuant to the
PACFA from $1,000 per violation to $2,500 per violation;
! Section 8 states that a person that chooses to request a
hearing in response to a cease- and-desist order issued by
the commissioner for a violation of the PACFA or of a rule
adopted pursuant to the PACFA must do so within 30 days
after the issuance of the cease-and-desist order; and
! Section 9 relocates the statute that establishes the pet
overpopulation authority (authority) so the authority is no
longer subject to sunset review as part of the PACFA.
Sections 10 through 13 make conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal2
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(27)(a)(XII); and add (35)(a)(IX) as follows:1
24-34-104. General assembly review of regulatory agencies2
and functions for repeal, continuation, or reestablishment - legislative3
declaration - repeal.4
(27) (a) The following agencies, functions, or both, are scheduled5
for repeal on September 1, 2026:6
(XII) The licensing of pet animal facilities by the commissioner7
of agriculture in accordance with article 80 of title 35;8
(35) (a) The following agencies, functions, or both, are scheduled9
for repeal on September 1, 2034:10
(IX) T HE LICENSING OF PET ANIMAL FACILITIES BY THE11
COMMISSIONER OF AGRICULTURE IN ACCORDANCE WITH ARTICLE 80 OF12
TITLE 35.13
SECTION 2. In Colorado Revised Statutes, 35-80-117, amend14
(1) as follows:15
35-80-117. Repeal of article - sunset review - report to general16
assembly.17
(1) This article 80 is repealed, effective September 1, 202618
SEPTEMBER 1, 2034.19
SECTION 3. In Colorado Revised Statutes, 35-80-115, amend20
(1), (3), and (4); and add (1.5) and (2.5) as follows:21
35-80-115. Advisory committee - repeal.22
(1) (a) There is hereby established a pet animal advisory23
committee to advise the commissioner in establishing rules under this24
article 80 and to provide ongoing review of this article 80. The members25
of the advisory committee shall receive no compensation or26
reimbursement from the state of Colorado or the department for expenses27
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incurred in the performance of their duties. The advisory committee shall1
consist of seventeen persons appointed by the commissioner as follows:2
(a) (I) One person who represents animal rescue;3
(b) (II) One person who represents bird breeders;4
(c) (III) One person who represents small-scale operation dog5
breeders;6
(d) (IV) One person who represents cat breeders;7
(e) (V) One person who represents small animal breeders;8
(f) (VI) One person who represents boarding kennels;9
(f.5) (VII) One person who represents the "dog day care industry",10
which term means premises on which dogs are kept primarily for the11
purpose of short-term care;12
(g) (VIII) One person who represents pet groomers;13
(h) (IX) One person who represents pet animal retailers;14
(i) (X) One person who represents pet animal wholesalers;15
(j) (XI) One person who represents animal control officers;16
(k) (XII) One person who represents animal shelters;17
(l) (XIII) One veterinarian licensed pursuant to article 315 of title18
12;19
(m) (XIV) Three members of the general public, none of whom20
shall represent or have a financial interest in any of the groups listed in21
this subsection (1); and22
(n) (XV) One person who represents large-scale operation dog23
breeders.24
(b) NOTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION, ON25
JANUARY 1, 2027:26
(I) T HE ADVISORY COMMITTEE DESCRIBED IN SAID SUBSECTION27
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(1)(a) IS DISMISSED;1
(II) THE ADVISORY COMMITTEE'S AUTHORITY IS REVOKED; AND2
(III) THE ADVISORY COMMITTEE DESCRIBED IN SUBSECTION (1.5)3
OF THIS SECTION SHALL ASSUME THE AUTHORITY OF THE ADVISORY4
COMMITTEE DESCRIBED IN SAID SUBSECTION (1)(a).5
(c) T HIS SUBSECTION (1) IS REPEALED , EFFECTIVE JANUARY 1,6
2028.7
(1.5) (a) O N JANUARY 1, 2027, THE PET ANIMAL ADVISORY8
COMMITTEE IS ESTABLISHED TO ADVISE THE COMMISSIONER IN9
ESTABLISHING RULES UNDER THIS ARTICLE 80 AND TO PROVIDE ONGOING10
REVIEW OF THIS ARTICLE 80. THE ADVISORY COMMITTEE CONSISTS OF11
FIFTEEN INDIVIDUALS APPOINTED BY THE COMMISSIONER AS FOLLOWS:12
(I) TEN INDIVIDUALS, EACH OF WHOM REPRESENTS AT LEAST ONE13
DISTINCT CATEGORY OF LICENSE ISSUED PURSUANT TO THIS ARTICLE 80;14
(II) O NE INDIVIDUAL WHO REPRESENTS ANIMAL CONTROL15
OFFICERS;16
(III) O NE INDIVIDUAL WHO IS A VETERINARIAN LICENSED17
PURSUANT TO ARTICLE 315 OF TITLE 12; AND18
(IV) T HREE INDIVIDUALS WHO DO NOT REPRESENT OR HAVE A19
FINANCIAL INTEREST IN ANY OF THE GROUPS LISTED IN THIS SUBSECTION20
(1.5).21
(b) (I) O N OR BEFORE DECEMBER 1, 2026, THE COMMISSIONER22
SHALL APPOINT THE INITIAL MEMBERS OF THE ADVISORY COMMITTEE .23
EACH INITIAL MEMBER OF THE ADVISORY COMMITTEE SHALL SERVE AN24
INITIAL TERM OF FOUR YEARS; EXCEPT THAT:25
(A) T WO OF THE INITIAL MEMBERS APPOINTED PURSUANT TO26
SUBSECTION (1.5)(a)(I) OF THIS SECTION SHALL SERVE AN INITIAL TERM OF27
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THREE YEARS;1
(B) T WO OF THE INITIAL MEMBERS APPOINTED PURSUANT TO2
SUBSECTION (1.5)(a)(I) OF THIS SECTION SHALL SERVE AN INITIAL TERM OF3
TWO YEARS;4
(C) O NE OF THE INITIAL MEMBERS APPOINTED PURSUANT TO5
SUBSECTION (1.5)(a)(IV) OF THIS SECTION SHALL SERVE AN INITIAL TERM6
OF THREE YEARS; AND7
(D) O NE OF THE INITIAL MEMBERS APPOINTED PURSUANT TO8
SUBSECTION (1.5)(a)(IV) OF THIS SECTION SHALL SERVE AN INITIAL TERM9
OF TWO YEARS.10
(II) (A) THE COMMISSIONER, AT THE COMMISSIONER'S DISCRETION,11
MAY APPOINT A MEMBER OF THE ADVISORY COMMITTEE DESCRIBED IN12
SUBSECTION (1) OF THIS SECTION TO THE ADVISORY COMMITTEE13
DESCRIBED IN THIS SUBSECTION (1.5).14
(B) T HIS SUBSECTION (1.5)(b)(II) IS REPEALED , EFFECTIVE15
JANUARY 1, 2028.16
(III) AFTER THE INITIAL MEMBERS OF THE ADVISORY COMMITTEE17
COMPLETE THEIR INITIAL TERMS , EACH MEMBER APPOINTED TO THE18
ADVISORY COMMITTEE SHALL SERVE A TERM OF FOUR YEARS ; EXCEPT19
THAT AN INDIVIDUAL SHALL NOT SERVE MORE THAN TWO CONSECUTIVE20
FOUR-YEAR TERMS ON THE ADVISORY COMMITTEE.21
(2.5) THE MEMBERS OF THE ADVISORY COMMITTEE SHALL RECEIVE22
NO COMPENSATION OR REIMBURSEMENT FROM THE STATE OF COLORADO23
OR THE DEPARTMENT FOR EXPENSES INCURRED IN THE PERFORMANCE OF24
THEIR DUTIES.25
(3) In the event of a vacancy on the advisory committee prior to26
the completion of a member's full term, the commissioner shall appoint27
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a person to complete the remainder of the term. The person shall1
represent the same group as the member the person is replacing. pursuant2
to subsection (1) of this section.3
(4) (a) The initial appointments of the animal rescue4
representative, the small animal breeder, the pet animal wholesaler, one5
member from the general public, and the large-scale operation dog6
breeder shall expire on January 1, 1995. The initial appointments of the7
bird breeder, the representative of boarding kennels, the representative of8
animal control officers, the small-scale operation dog breeder, and one9
member from the general public shall expire on January 1, 1996. The10
initial appointment of all other members shall be for a term of three years.11
Thereafter, members of the advisory committee shall serve for terms of12
three years.13
(b) T HIS SUBSECTION (4) IS REPEALED , EFFECTIVE JANUARY 1,14
2027.15
SECTION 4. In Colorado Revised Statutes, 35-80-108, amend16
(1)(n) as follows:17
35-80-108. Unlawful acts - short title - disclosure requirement18
- definition - rules.19
(1) Unless otherwise authorized by law, it is unlawful and a20
violation of this article 80 for an individual or entity:21
(n) To import or cause to be imported a dog or cat PET ANIMAL,22
EXCLUDING A REPTILE, FISH, OR RODENT, for the purpose of sale by a pet23
animal facility, unless the dog or cat PET ANIMAL has a VALID certificate24
of veterinary health and, if the dog or cat is over six months old, proof of25
a rabies vaccination; or INSPECTION BY AN ACCREDITED VETERINARIAN IN26
THE STATE OF ORIGIN ISSUED WITHIN TEN DAYS PRIOR TO THE PET27
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ANIMAL'S ARRIVAL IN COLORADO. A PET ANIMAL FACILITY SHALL MEET1
ALL IMPORT REQUIREMENTS AS DETERMINED BY THE STATE2
VETERINARIAN.3
4
SECTION 5. In Colorado Revised Statutes, 35-80-105, amend5
(4) as follows:6
35-80-105. Pet animal facility - licensure requirements -7
application - fees - rules.8
(4) Each applicant for a pet animal facility license shall pay an9
annual license fee in the amount specified by rule of the commissioner,10
which amount shall not exceed seven hundred ONE THOUSAND FIVE11
HUNDRED dollars per license.12
SECTION 6. In Colorado Revised Statutes, 35-80-113, amend13
(1) as follows:14
35-80-113. Civil penalties.15
(1) Any A person who THAT violates any provision of this article16
ARTICLE 80 or any rule adopted pursuant to this article ARTICLE 80 is17
subject to a civil penalty, as determined by the commissioner. The18
AMOUNT OF THE maximum penalty shall MUST not exceed one thousand19
TWO THOUSAND FIVE HUNDRED dollars per violation.20
SECTION 7. In Colorado Revised Statutes, 35-80-111, amend21
(2)(a) as follows:22
35-80-111. Enforcement - cease-and-desist orders - hearings.23
(2) (a) Whenever the commissioner has reasonable cause to24
believe a violation of a provision of this article 80 or a rule adopted25
pursuant to this article 80 has occurred and immediate enforcement is26
deemed necessary, the commissioner may issue a cease-and-desist order,27
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which may require a person to cease violating a provision of this article1
80 or a rule adopted pursuant to this article 80 THE VIOLATION . The2
cease-and-desist order must set forth the provisions alleged to have been3
violated, the facts alleged to have constituted the violation, and the4
requirement that all actions cease forthwith. At any time after service of5
the order to cease and desist, The person may request, at the person's6
discretion, a prompt hearing to determine whether the violation occurred,7
WHICH REQUEST MUST BE MADE WITHIN THIRTY DAYS AFTER ISSUANCE OF8
THE ORDER TO CEASE AND DESIST . The hearing shall be conducted9
pursuant to article 4 of title 24 and shall be conducted promptly. 10
SECTION 8. In Colorado Revised Statutes, 35-80-109, add (8)11
as follows:12
35-80-109. Powers and duties of commissioner - rules.13
(8) T HE COMMISSIONER SHALL DEVELOP AN ADMINISTRATIVE14
PROCESS, NOT INCONSISTENT WITH SECTION 24-4-103 (7), FOR AN15
INTERESTED PERSON TO PETITION FOR THE ISSUANCE , AMENDMENT, OR16
REPEAL OF A RULE BY THE COMMISSIONER PURSUANT TO THIS ARTICLE 80.17
SECTION 9. In Colorado Revised Statutes, 42-3-234, amend18
(4)(b) and (4)(c); and add with amended and relocated provisions (7)19
as follows:20
42-3-234. Special plates - adopt a shelter pet - pet21
overpopulation authority - pet overpopulation fund - adopt a shelter22
pet account - definitions.23
(4) The amount of the taxes and fees for special license plates24
under th is section is the same as th e amount of the taxes and fees25
specified for regular motor vehicle license plates; except that the26
department shall collect the following fees and donations:27
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(b) A one-time, thirty-dollar donation for issuance or replacement1
of the license plate, which donation shall be transmitted to the state2
treasurer, who shall credit the same to the adopt a shelter pet account in3
the pet overpopulation fund created in section 35-80-116.5, C.R.S.4
SUBSECTION (7)(f) OF THIS SECTION; and5
(c) An annual twenty-five-dollar license plate renewal donation,6
which donation shall be transmitted to the state treasurer, who shall credit7
the same to the adopt a shelter pet account in the pet overpopulation fund8
created in section 35-80-116.5, C.R.S. SUBSECTION (7)(f) OF THIS9
SECTION; except that the department and its authorized agents may retain10
the portion of the donation necessary to offset implementing this11
paragraph (c) SUBSECTION (4)(c), up to a maximum of two dollars.12
(7) (a) [Formerly 35-80-116.5 (1)] There is hereby created the13
Colorado pet overpopulation authority, also referred to in this section as14
the "authority", which shall be IS a body corporate and a political15
subdivision of the state. The authority is not an agency of state16
government and is not subject to administrative direction by any state17
agency. except as provided in this article.18
(b) [Formerly 35-80-116.5 (2)] (a) (I) The powers of the19
Colorado pet overpopulation authority are vested in a board of directors20
consisting of the following:21
(I) (A) One representative of the Animal Assistance Foundation22
or its successor organization;23
(II) (B) One representative of an animal shelter; as defined in24
section 35-80-102 (1);25
(III) (C) One representative of a state veterinary medical26
association;27
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(IV) (D) One representative of a Colorado animal control agency;1
(V) (E) One representative from the department of agriculture;2
(VI) (F) One member from a pet animal rescue; as defined in3
section 35-80-102 (11.2);4
(VII) (G) One member of the general public who has an interest5
in animal welfare who is not a member of a board of any animal welfare6
organization;7
(VIII) (H) One representative of MEMBER WHO IS FROM WESTERN8
COLORADO AND REPRESENTS an animal shelter as defined in section9
35-80-102 (1); OR a pet animal rescue as defined in section 35-80-10210
(11.2); or IS a veterinary professional registered with the state board of11
veterinary medicine; from western Colorado;12
(IX) (I) One representative of MEMBER WHO IS FROM EASTERN13
COLORADO AND REPRESENTS an animal shelter as defined in section14
35-80-102 (1); OR a pet animal rescue as defined in section 35-80-10215
(11.2); or IS a veterinary professional registered with the state board of16
veterinary medicine; from eastern Colorado;17
(X) (J) One representative of MEMBER WHO IS FROM SOUTHERN18
COLORADO AND REPRESENTS an animal shelter as defined in section19
35-80-102 (1); OR a pet animal rescue, as defined in section 35-80-10220
(11.2); or IS a veterinary professional registered with the state board of21
veterinary medicine; from southern Colorado; and22
(XI) (K) One representative from a pet animal facility licensed23
and in good standing pursuant to section 35-80-104 located in a county24
with a population of fifty thousand or less.25
(b) (II) The commissioner OF AGRICULTURE shall appoint the26
board members to three-year terms; except that three of the members27
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appointed on September 1, 2001, shall serve an initial term of two years.1
Each member shall serve at the pleasure of the commissioner and shall2
continue in office until the member's successor is appointed and qualified.3
Initial members of the authority shall be appointed no later than4
September 1, 2001.5
(c) (III) On the expiration of the term of a member of the board,6
that member's successor shall be appointed by the commissioner OF7
AGRICULTURE for a term of three years; except that, in the case of a8
vacancy, the commissioner shall appoint a person AN INDIVIDUAL who9
shall serve for the unexpired term.10
(c) [Formerly 35-80-116.5 (3)] (a) (I) Each board member shall11
meet the following qualifications at the time of appointment and12
throughout the member's term of office:13
(I) (A) Residency in this state; and14
(II) (B) Demonstration of an active interest in the education of the15
community regarding the benefits of pet ove rpopulation control in16
Colorado.17
(b) (II) The commissioner OF AGRICULTURE shall immediately18
declare the office of any member of the board vacant whenever the19
commissioner finds that the member is not qualified under this subsection20
(3) SUBSECTION (7)(c) or that the member is unable to perform the duties21
of the office.22
(c) (III) Members shall serve without compensation for any23
service provided to the Colorado pet overpopulation authority. Members24
shall not receive any reimbursement from the board for any expenses25
incurred fulfilling their responsibilities pursuant to this section26
SUBSECTION (7).27
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(d) (IV) Except as provided in subsection (2)(a)(VII) SUBSECTION1
(7)(b)(I)(G) of this section, a board member may be a member of a board2
or subcommittee of a board of an animal welfare organization, but no3
more than one member of the board may be on the board or subcommittee4
of the board of the same animal welfare organization.5
(e) (V) A member of the board shall recuse themself from any6
board action or vote if they have a conflict of interest in relation to the7
board action or vote, including any allocation of funding to the member8
made pursuant to this section SUBSECTION (7).9
(d) [Formerly 35-80-116.5 (4)] The board may:10
(a) (I) Adopt an education program concerning pet overpopulation11
with emphasis on the importance of spaying and neutering to control pet12
overpopulation;13
(b) (II) Develop, adopt, and implement a process to fund and14
expend moneys MONEY for the activities and responsibilities of the board.15
Funding for the board includes the moneys MONEY available in the pet16
overpopulation fund. created in subsection (5) of this section.17
(c) (III) Accept gifts, grants, and donations, including personal18
services, for the activities and responsibilities of the board. Any gift,19
grant, or donation other than personal services shall be deposited into the20
pet overpopulation fund. created in subsection (5) of this section.21
(d) (IV) Develop, adopt, and implement a cooperative process to22
work with local veterinarians, licensed animal shelters, and local23
communities concerning animal sheltering and pet overpopulation control24
in this state.25
(e) [Formerly 35-80-116.5 (4.5)] The board shall annually publish26
on the pet overpopulation fund website the name of each grantee27
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receiving money from the pet overpopulation fund, the amount of each1
grant provided to a grantee, when a grantee received a grant, and the2
names of each board member.3
(f) [Formerly 35-80-116.5 (5)] (a) (I) Donations collected4
pursuant to subsection (4) SUBSECTION (7)(d) of this section and section5
39-22-2201 C.R.S., shall be transmitted to the state treasurer and credited6
to the pet overpopulation fund, which fund is hereby created in the state7
treasury. All interest derived from the deposit and investment of moneys8
MONEY in the fund shall be IS credited to the fund.9
(b) (II) All unexpended and unencumbered moneys MONEY10
remaining in the fund at the end of any STATE fiscal year shall remain11
REMAINS in the fund, and DOES not revert back to the general fund or any12
other fund, or AND SHALL NOT be used for any purpose other than the13
purposes set forth in this section SUBSECTION (7). Such moneys shall be14
MONEY IS appropriated continually to the state treasurer, who shall15
transfer all available moneys MONEY in the pet overpopulation fund to the16
pet overpopulation authority at least quarterly unless the board expressly17
requests otherwise. The board shall expend moneys MONEY from the pet18
overpopulation fund for the implementation of this section SUBSECTION19
(7).20
(c) (III) When expending funds MONEY to implement this section21
SUBSECTION (7), the Colorado pet overpopulation authority shall give22
priority to the areas that have an insufficient number of pet animal23
veterinary resources to adequately meet local needs.24
(c.5) (IV) At least seventy percent of the money annually awarded25
for all grants that are funded by the pet overpopulation fund must be26
annually allocated for rural community facilities. The board shall consider27
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awarding at least fifty percent of the funds MONEY designated for rural1
community facilities to counties with a population of fifty thousand or2
less.3
(d) (V) There is hereby created in the pet overpopulation fund the4
adopt a shelter pet account, which consists of moneys MONEY donated to5
qualify for the adopt a shelter pet special license plate pursuant to section6
42-3-234, C.R.S. THIS SECTION.7
(e) (I) (VI) (A) The authority shall use the money in the adopt a8
shelter pet account to support the spaying and neutering and other medical9
costs of animals in animal shelters and rescues, to support overpopulation10
education programs, and to support the trap-neuter-return established in11
subsection (9)(b) SUBSECTION (7)(j)(II) of this section; except that up to12
ten percent of the money in the adopt a shelter pet account may be used13
for the administration of the account.14
(II) (B) The authority must SHALL not favor a particular shelter15
model when allocating money from the adopt a shelter pet account.16
(g) [Formerly 35-80-116.5 (6)] Except as provided in section17
42-3-234, C.R.S. THIS SUBSECTION (7), the Colorado pet overpopulation18
authority created pursuant to this section, shall not be funded by or19
through any state agency.20
(h) [Formerly 35-80-116.5 (7)] Nothing in this section21
SUBSECTION (7) shall be construed to authorize the Colorado pet22
overpopulation authority to promulgate ADOPT rules to implement this23
section SUBSECTION (7).24
(i) [Formerly 35-80-116.5 (8)] A pet animal facility applying for25
a grant described in subsection (9)(b) SUBSECTION (7)(j)(II) of this section26
from the adopt a shelter pet account must be licensed and in good27
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standing pursuant to section 35-80-104.1
(j) [Formerly 35-80-116.5 (9)] (a) (I) As used in this section2
SUBSECTION (7), unless the context otherwise requires:3
(I) (A) "Animal welfare facility" means a pet animal facility, as4
defined in section 35-80-102 (11); a pet animal rescue, as defined in5
section 35-80-102 (11.2); or a spay and neuter organization. as defined in6
subsection (9)(a)(V) of this section.7
(B) "ANIMAL SHELTER" HAS THE MEANING SET FORTH IN SECTION8
35-80-102 (1).9
(C) "AUTHORITY" MEANS THE COLORADO PET OVERPOPULATION10
AUTHORITY CREATED IN SUBSECTION (7)(a) OF THIS SECTION.11
(II) (D) "Community cat" means a free-roaming domestic cat that12
may have a caretaker and is not socialized to humans.13
(III) (E) "Ear-tipping" means the removal of approximately one14
quarter of a community cat's left ear while under anesthesia, which serves15
as a visual indicator of sterilization.16
(F) "FUND" MEANS THE PET OVERPOPULATION FUND CREATED IN17
SUBSECTION (7)(f)(I) OF THIS SECTION.18
(G) "P ET ANIMAL RESCUE " HAS THE MEANING SET FORTH IN19
SECTION 35-80-102 (11.2).20
(IV) (H) "Rural community facility" means an animal welfare21
facility that is located in a Colorado county with a population of two22
hundred thousand or less.23
(V) (I) "Spay a nd neuter organization" means a nonprofit24
organization primarily offering spay and neuter services performed by a25
licensed veterinarian, as defined in section 35-80-102 (8.7).26
(VI) (J) "Trap-neuter-return" means a nonlethal process of27
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humanely trapping, sterilizing, vaccinating for rabies, ear-tipping, and1
returning community cats to their habitats COMMUNITY CATS.2
(b) (II) The authority shall establish a trap-neuter-return funded3
by the adopt a shelter pet account. The authority may award money from4
the adopt a shelter pet account to animal welfare facilities located in5
Colorado to implement trap-neuter-return for the purposes described in6
subsection (9)(c) SUBSECTION (7)(j)(III) of this section.7
(c) (III) An animal welfare facility awarded money for the8
trap-neuter-return is authorized to spend the money only on:9
(I) (A) Trapping, sterilizing, vaccinating, and ear-tipping10
community cats in Colorado;11
(II) (B) Veterinary care for the treatment and sterilization of12
community cats in Colorado;13
(III) (C) Training for community cat caretakers and animal control14
personnel in humane trapping and trap-neuter-return protocols in15
Colorado; and16
(IV) (D) For An animal welfare facility that is a spay and neuter17
organization, veterinary materials and support for mobile clinics in18
Colorado.19
SECTION 10. In Colorado Revised Statutes, 35-80-102, amend20
(6.6) and (6.7) as follows:21
35-80-102. Definitions - repeal.22
As used in this article 80, unless the context otherwise requires:23
(6.6) (a) "Dog breeder, large scale operation" or "large scale24
operation dog breeder" means a dog breeder that transfers at least one25
hundred dogs per year.26
(b) THIS SUBSECTION (6.6) IS REPEALED, EFFECTIVE JANUARY 1,27
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2028.1
(6.7) (a) "Dog breeder, small scale operation" or "small scale2
operation dog breeder" means a dog breeder that transfers more than the3
number of dogs permitted for a canine hobby breeder facility but no more4
than ninety-nine dogs per year.5
(b) THIS SUBSECTION (6.7) IS REPEALED, EFFECTIVE JANUARY 1,6
2028.7
SECTION 11. Repeal of relocated provisions in this act. In8
Colorado Revised Statutes, repeal 35-80-116.5.9
SECTION 12. In Colorado Revised Statutes, amend 39-22-220110
as follows:11
39-22-2201. Voluntary contribution designation - procedure.12
For income tax years commencing on or after January 1, 2010, the13
Colorado state individual income tax return form must contain a line14
whereby each individual taxpayer may designate the amount of the15
contribution, if any, the taxpayer wishes to make to the pet16
overpopulation fund created in section 35-80-116.5 (5) SECTION 42-3-23417
(7)(f).18
SECTION 13. In Colorado Revised Statutes, amend 39-22-220219
as follows:20
39-22-2202. Contributions credited to the fund -21
administration - transfer.22
The department of revenue shall determine annually the total23
amount designated pursuant to section 39-22-2201 and shall report the24
amount to the state treasurer, who shall credit such amount to the pet25
overpopulation fund created in section 35-80-116.5 (5), C.R.S. SECTION26
42-3-234 (7)(f). The general assembly shall appropriate annually from the27
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pet overpopulation fund to the department the department's costs of1
administering the moneys MONEY designated as contributions to the fund.2
After subtracting the appropriation to the department, all designated3
moneys MONEY in the fund are hereby IS continuously appropriated for4
the purposes of this part 22. At the end of each STATE fiscal year, the state5
treasurer shall transfer all designated moneys MONEY in the fund and all6
interest earned through the investment of fund moneys MONEY, after7
subtracting the appropriation to the department, as specified in section8
35-80-116.5 (5)(b), C.R.S. SECTION 42-3-234 (7)(f)(II).9
SECTION 14. Act subject to petition - effective date. This act10
takes effect at 12:01 a.m. on the day following the expiration of the11
ninety-day period after final adjournment of the general assembly (August12
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a13
referendum petition is filed pursuant to section 1 (3) of article V of the14
state constitution against this act or an item, section, or part of this act15
within such period, then the act, item, section, or part will not take effect16
unless approved by the people at the general election to be held in17
November 2026 and, in such case, will take effect on the date of the18
official declaration of the vote thereon by the governor.19
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