HomeMy WebLinkAboutAshly Dale 8.5.21 Attachment 2HOUSE BILL 21-1102
BY REPRESENTATIVE(S) Duran and Soper, Bernett, Bird, Jackson,
Jodeh, Kennedy, Kipp, McCormick, .Sirota, Valdez A., McCluskie,
Michaelson Jenet, Ricks;
also SENATOR(S) Jaquez Lewis, Bridges, Ginal, Moreno.
CONCERNING REQUIREMENTS OF PET STORES THAT SELL CERTAIN PET
ANIMALS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 35-80-102, add (9.3),
(11.3), and (11.7) as follows:
35-80-102. Definitions. As used in this article 80, unless the context
otherwise requires:
(9.3) (a) "OFFER FOR SALE" MEANS TO ADVERTISE A POTENTIAL SALE
BY A PET STORE.
(b) "OFFER FOR SALE" INCLUDES:
(I) THE DISPLAY OF A LIVE DOG OR CAT FOR SALE; AND
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
(II) A VERBAL OR WRITTEN OFFER TO SELL A DOG OR CAT.
(11.3) "PET STORE" MEANS A RETAIL ESTABLISHMENT WHERE PET
ANIMALS ARE SOLD OR OFFERED FOR SALE TO THE GENERAL PUBLIC. "PET
STORE" DOES NOT INCLUDE AN ANIMAL SHELTER, PET ANIMAL RESCUE, CAT
BREEDER, OR DOG BREEDER.
(11.7) "SALE" OR "SELL" MEANS THE EXCHANGE OF A PET ANIMAL
FOR ANYTHING OF VALUE, INCLUDING PROPERTY OR MONEY. "SALE" OR
"SELL" DOES NOT INCLUDE AN ADOPTION TRANSACTION BETWEEN AN
ANIMAL SHELTER OR PET ANIMAL RESCUE AND A PERSON WHO ADOPTS A PET
ANIMAL.
SECTION 2. In Colorado Revised Statutes, add 35-80-108.5 as
follows:
35-80-108.5. Dog breeders and cat breeders - pet stores -
prohibited sales and purchases of dogs or cats - short title. (1) THE
SHORT TITLE OF THIS SECTION IS THE "PET STORE CONSUMER PROTECTION
ACT".
(2) A PET STORE THAT SELLS OR OFFERS FOR SALE DOGS OR CATS
SHALL:
(a) INCLUDE ON ALL ADVERTISEMENTS, INCLUDING WEBSITE
POSTINGS, THE PURCHASE PRICE OF THE DOG OR CAT AND ANY APPLICABLE
FEDERAL OR STATE LICENSE NUMBERS FOR THE BREEDER OF THE DOG OR
CAT;
(b) POST ON THE ENCLOSURE OF EACH DOG OR CAT THE PURCHASE
PRICE OF THE DOG OR CAT AND THE FOLLOWING INFORMATION ON THE DOG'S
OR CAT'S BREEDER: FULL NAME; KENNEL NAME, IF APPLICABLE; CITY; STATE;
AND ANY APPLICABLE STATE OR FEDERAL LICENSE NUMBERS; AND
(c) DISCLOSE TO A PROSPECTIVE CONSUMER IN WRITING, PRIOR TO
THE SALE OF A DOG OR CAT, THE FOLLOWING INFORMATION ABOUT THE DOG
OR CAT:
(I) THE PURCHASE PRICE OF THE DOG OR CAT;
PAGE 2-HOUSE BILL 21-1102
(II) THE INTEREST RATE OR RANGE ASSOCIATED WITH ANY
FINANCING OR CREDIT CARD OFFERED TO THE PROSPECTIVE PURCHASER; AND
(III) ANY APPLICABLE FEDERAL OR STATE LICENSE NUMBERS AND AN
UNREDACTED LIST OF ALL VIOLATIONS OF ANY FEDERAL OR STATE LAW THE
DOG OR CAT BREEDER, BROKER, OR TRANSPORTER RECEIVED IN THE
PREVIOUS TWO YEARS ON A FEDERAL OR STATE INSPECTION REPORT.
(3) NOTHING IN THIS SECTION PRECLUDES A STATUTORY OR HOME
RULE TOWN, CITY, COUNTY, OR CITY AND COUNTY FROM ENACTING LAWS
MORE STRINGENT THAN THE REQUIREMENTS OF THIS SECTION, INCLUDING A
PROHIBITION ON THE SALE OR OFFER FOR SALE OF DOGS AND CATS.
SECTION 3. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly; 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 such period, 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 2022 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
PAGE 3-HOUSE BILL 21-1102
(2) This act applies to conduct occurring on or after the applicable
effective date of this act.
Alec Garnett
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Robin Jones
CHIEF CLERK THE HOUSE
OF REPRESENTATIVES
Leroy M. Garcia
PRESIDENT OF
THE SENATE
C,Iitat-sOf lueLe
Cindi L. Markwell
SECRETARY OF
THE SENATE
APPROVED 0, ) 202,1 CA 1 ,SS VW\
(Date and Time)
S.
OVE
olis
OR 0 T .TATE OF COLORADO
PAGE 4-HOUSE BILL 21-1102