Amendments for SB23-038
Senate Journal, February 17
Amend printed bill, strike everything below the enacting clause and substitute:
"SECTION 1. In Colorado Revised Statutes, add 18-9-210 as follows:
18-9-210. Equine slaughter for human consumption -
transportation - safe harbor - penalties - definitions. (1) Definitions. AS
USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "EQUINE" MEANS A HORSE, MULE, OR BURRO.
(b) "PREDATOR" MEANS ANY ANIMAL THAT:
(I) IS NOT A HUMAN; AND
(II) WHEN NOT IN CAPTIVITY, NORMALLY KILLS OTHER ANIMALS TO
CONSUME THE OTHER ANIMALS.
(2) Unlawful acts. EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS
SECTION, A PERSON COMMITS UNLAWFUL EQUINE TRANSPORTATION IF THE
PERSON VIOLATES SUBSECTION (3) OF THIS SECTION.
(3) A PERSON SHALL NOT TRANSPORT MORE THAN TWENTY EQUINES IN
A VEHICLE TO SLAUGHTER FOR HUMAN CONSUMPTION UNLESS THE VEHICLE
MEETS THE FOLLOWING REQUIREMENTS:
(a) THE FLOOR IS CONSTRUCTED OF OR COVERED WITH MATERIAL THAT
PREVENTS EQUINES FROM SKIDDING OR SLIDING;
(b) PARTITIONS OF STURDY CONSTRUCTION ARE PLACED A MINIMUM OF
TEN FEET APART IN VEHICLES THAT DO NOT HAVE STALLS;
(c) DOORWAYS ARE OF SUFFICIENT HEIGHT TO ALLOW SAFE INGRESS
AND EGRESS OF EACH EQUINE IN THE VEHICLE;
(d) RAMPS SUFFICIENT FOR LOADING AND UNLOADING EQUINES ARE
PROVIDED IF THE VERTICAL DISTANCE FROM THE FLOOR OF THE COMPARTMENT
CONTAINING EQUINES TO THE GROUND IS GREATER THAN FIFTEEN INCHES;
(e) THE VEHICLE:
(I) PROVIDES ADEQUATE VENTILATION FOR THE EQUINES; AND
(II) DOES NOT TRANSPORT EQUINES ON MULTIPLE TIERS IN WHICH AN
EQUINE STANDS ON A FLOOR THAT IS ABOVE AT LEAST ONE OTHER EQUINE; AND
(f) THE INTERIORS OF COMPARTMENTS CONTAINING EQUINES ARE:
(I) CONSTRUCTED OF SMOOTH MATERIALS CONTAINING NO SHARP
OBJECTS OR HAZARDOUS PROTRUSIONS, EXCEPT AS PROVIDED IN SUBSECTION
(3)(a) OF THIS SECTION; AND
(II) HIGH ENOUGH TO ALLOW CLEARANCE ABOVE THE POLL AND
WITHERS OF EACH HORSE IN THE COMPARTMENT.
(4) Safe harbor. IT IS NOT UNLAWFUL EQUINE TRANSPORTATION FOR
A PERSON TO:
(a) EXPORT AN EQUINE FROM THE STATE IF THE EQUINE IS
SLAUGHTERED FOR USE BY A FACILITY TO FEED PREDATORS HOUSED AT THE
FACILITY; OR
(b) EXPORT EQUINE MEAT FROM THE STATE IN OR THROUGH A
SECONDARY MARKET FOR EQUINE PRODUCTS IF THE EQUINE WAS SLAUGHTERED
FOR USE BY A FACILITY TO FEED PREDATORS HOUSED AT THE FACILITY.
(5) Acts that are separate offenses. EACH EPISODE OF EQUINES BEING
TRANSPORTED IN VIOLATION OF SUBSECTION (3) OF THIS SECTION IS A SEPARATE
OFFENSE.
(6) Penalties. (a) EXCEPT AS PROVIDED IN SUBSECTIONS (6)(b) AND
(6)(c) OF THIS SECTION, A PERSON WHO COMMITS UNLAWFUL EQUINE
TRANSPORTATION IS GUILTY OF A MISDEMEANOR, AND UPON CONVICTION, MAY
BE PUNISHED BY A FINE OF UP TO ONE THOUSAND DOLLARS.
(b) A PERSON WHO COMMITS A SECOND OR SUBSEQUENT ACT OF
UNLAWFUL EQUINE TRANSPORTATION IS GUILTY OF A MISDEMEANOR IF THE
PERSON WAS CONVICTED OF OR PLED NOLO CONTENDERE TO UNLAWFUL EQUINE
TRANSPORTATION WITHIN THE PREVIOUS TEN YEARS AND, UPON CONVICTION OF
A SECOND OR SUBSEQUENT OFFENSE, THE COURT MAY IMPOSE UPON THE PERSON
A FINE OF UP TO TWO THOUSAND FIVE HUNDRED DOLLARS.
(c) A PERSON WHO COMMITS UNLAWFUL EQUINE TRANSPORTATION AND
WHO OBTAINED THE EQUINE BY FRAUD OR THEFT IS GUILTY OF A MISDEMEANOR
AND, UPON CONVICTION, THE COURT MAY IMPOSE UPON THE PERSON A FINE OF
UP TO FIVE THOUSAND DOLLARS.
SECTION 2. In Colorado Revised Statutes, amend 35-55-105 as
follows:
35-55-105. Posting licenses - required notices. (1) A certified copy
of an issued license may be procured by the holder of the original LICENSE upon
payment of a fee of one dollar. therefor, and THE LICENSE HOLDER SHALL POST
the original or certified copy of said THE license shall be posted during sale
periods in a conspicuous place on the premises where the public livestock
market is conducted.
(2) (a) AT A PUBLIC AUCTION OR SALE WHERE EQUINE LIVESTOCK, AS
DEFINED IN SECTION 35-41-100.3 (1.7), ARE PURCHASED, THE MANAGEMENT OF
THE AUCTION OR SALE SHALL GIVE THE EQUINE LIVESTOCK BUYER THE NOTICE
DESCRIBED IN SUBSECTION (2)(b) OF THIS SECTION BY POSTING THE NOTICE:
(I) ON A SIGN MEASURING A MINIMUM OF SIXTEEN INCHES BY TEN
INCHES WITH LETTERING OF A MINIMUM OF NINETY-ONE-POINT FONT; AND
(II) IN A CONSPICUOUS LOCATION THAT IS CLEARLY VISIBLE TO A
MAJORITY OF THE PEOPLE ATTENDING THE PUBLIC AUCTION.
(b) TO COMPLY WITH THIS SUBSECTION (2), THE NOTICE MUST READ AS
FOLLOWS:
WARNING:
THE TRANSPORTATION OF EQUINE LIVESTOCK INTENDED FOR
SLAUGHTER FOR HUMAN CONSUMPTION IN VIOLATION OF
SECTION 18-9-210 IS PUNISHABLE BY A FINE OF UP TO ONE
THOUSAND DOLLARS.
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 2024 and, in such
case, will take effect on the date of the official declaration of the vote thereon
by the governor.
(2) This act applies to acts committed on or after the applicable
effective date of this act.".
Page 1, strike lines 101 and 102 and substitute:
"CONCERNING THE IMPOSITION OF CERTAIN REQUIREMENTS WHEN
TRANSPORTING AT LEAST TWENTY EQUINE FOR SLAUGHTER FOR HUMAN
CONSUMPTION.".
Senate Journal, March 16
SB23-038 by Senator(s) Jaquez Lewis; also Representative(s) Garcia--Concerning a prohibition on
slaughtering equines for human consumption.
Amendment No. 1, Agriculture & Natural Resources Committee Amendment.
(Printed in Senate Journal, February 17, page(s) 245-246 and placed in members' bill
files.)
Amendment No. 2(L.010), by Senator Jaquez Lewis.
Amend the Agriculture and Natural Resources Committee report, dated
February 16, 2023, page 1, line 5, after "consumption -" insert "export from
the state - ".
Page 1, after line 11 insert:
"(c) "PUBLIC LIVESTOCK MARKET" HAS THE MEANING SET FORTH IN
SECTION 35-41-100.3 (6).".
Page 1, strike line 15 and substitute "IF THE PERSON:
(a) VIOLATES SUBSECTION (3) OF THIS SECTION;
(b) EXPORTS AN EQUINE FROM THE STATE WITH THE INTENT OF KILLING,
OR HAVING ANOTHER PERSON KILL, THE EQUINE, AND THE PERSON KNOWS OR
REASONABLY SHOULD KNOW THAT ANY PART OF THE EQUINE WILL BE USED FOR
HUMAN CONSUMPTION; OR
(c) EXPORTS EQUINE MEAT FROM THE STATE AND THE PERSON KNOWS
OR REASONABLY SHOULD KNOW THAT THE MEAT WILL BE USED FOR HUMAN
CONSUMPTION.".
Page 2, strike line 22 and substitute:
"(5) Acts that are separate offenses. (a) FOR EVERY ONE HUNDRED
POUNDS OF EQUINE MEAT A PERSON EXPORTS FROM THE STATE IN VIOLATION OF
SUBSECTION (2)(c) OF THIS SECTION, IT IS A SEPARATE OFFENSE.
(b) EACH EPISODE OF EQUINES".
Page 2, after line 39, insert:
"(d) UPON A THIRD OR SUBSEQUENT CONVICTION FOR A VIOLATION OF
SUBSECTION (2) OR (3) OF THIS SECTION AND IN ADDITION TO ANY OTHER
PENALTY, THE COURT SHALL ENTER AN ORDER:
(I) PERMANENTLY PROHIBITING THE PERSON FROM OWNING,
POSSESSING, OR CARING FOR AN EQUINE; AND
(II) PROHIBITING THE PERSON FROM PARTICIPATING IN A PUBLIC
LIVESTOCK MARKET TO BUY OR SELL EQUINES FOR NOT LESS THAN THREE AND
NOT MORE THAN FIVE YEARS.".
Page 3, strike lines 17 through 20 and substitute:
"UNDER SECTION 18-9-210, COLORADO REVISED STATUTES, THE
EXPORT OF EQUINE LIVESTOCK IN COLORADO FOR SLAUGHTER
FOR HUMAN CONSUMPTION IS PUNISHABLE BY A FINE OF UP TO
ONE THOUSAND DOLLARS.".
Page 3, strike lines 33 through 36.
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
(For further action, see amendments to the report of the Committee of the Whole.)