Committee advances draft bill to continue Colorado's Pet Animal Care and Facilities Act amid debate over shelter holds and enforcement

The House Natural Resources Committee voted 9'4 to introduce a draft bill that would continue Colorado's Pet Animal Care and Facilities Act and adopt a package of updates recommended by the Department of Regulatory Agencies (DORA).

DORA policy analyst Vivian Belmont told the committee the agency's sunset review found PACFA overall functioning and recommended continuation for 15 years "because most of our recommendations are to modernize and clean up PACFA." Belmont summarized nine recommendations including moving the Pet Overpopulation Authority statutes out of PACFA, revising advisory committee membership, allowing the commissioner to adopt rules extending the five-day shelter holding period, repealing the $700 statutory license-fee cap, increasing the commissioner's fine authority from $1,000 to $2,500, and establishing a 30-day window to request hearings contesting cease-and-desist orders. Belmont also reported that in 2023 PACFA licensed about 3,085 facilities, the program expended roughly $1,250,000 and employed 10 full-time equivalents to enforce PACFA.

Joe Stafford, director of the Division of Animal Welfare at the Colorado Department of Agriculture, and Nick Fisher, PACFA section chief, said they support the recommendations and that the program has strengthened enforcement and rulemaking in recent years. "By implementing DORA's recommendations, this bill ensures that Colorado remains a national leader in pet animal welfare and facility oversight," Stafford said.

Not all witnesses agreed with every recommendation. Several municipal shelter representatives and animal-welfare advocates warned that allowing the commissioner to extend stray-hold times could create unfunded burdens on shelters and local governments. Ally Michaelson, senior director of advocacy and education at Humane Colorado, said the data show most reunions occur quickly: "During these first five days, 93% of animals that are reunited with their owners go home," and she argued that longer holds would reduce shelter capacity and not materially increase owner reunions.

Municipal animal-welfare officers echoed that concern. Dave Lewis, a municipal law enforcement officer representing the Animal Welfare Association of Colorado, said municipalities typically contract for shelter services and that extending hold times would shift costs to local governments and their constituents. "I have never once had an animal euthanized after five days," Lewis said, arguing that available evidence does not show the five-day minimum causes unnecessary euthanasia.

Advocates calling for stronger oversight urged a different approach. Elizabeth Colson recounted the June seizure of more than 160 dogs and 95 cats from a Delta breeder and described severe neglect discovered by rescuers, including animals found with maggots and in advanced physical distress. Colson said the case showed enforcement failures and urged a performance audit before extending PACFA's sunset period. "PACFA should not receive a 15-year extension without scrutiny," she said.

DORA and Department of Agriculture witnesses told the committee they found no evidence in the sunset review that would warrant immediate repeal and said the department has carried out audits and rule updates in recent years. Fisher said he would welcome additional performance review if the General Assembly wanted one; DORA said it would follow up with requested cost data and could point committee members to tables in the review showing complaint totals by year.

On the legislative front, Representative Morrow moved to introduce the draft PACFA sunset bill; the motion was seconded and carried on a roll-call vote: Garcia Sander (No); Goldstein (Yes); Johnson (No); Lindsey (Yes); Lukens (Yes); Martinez (Yes); Smith (Yes); Stewart (Yes); Story (Yes); Souklet (No); Winter (No); Morrow (Yes); Madam Chair (Yes). The committee recorded the vote as 9'2 and assigned prime sponsorship as indicated in committee (the Chair also noted Majority Leader Duran as a prime cosponsor as requested). The committee adjourned after taking that action.

What happens next: introducing the draft bill moves it into the legislative process; sponsors and committee staff will draft statutory language reflecting the DORA recommendations. Several witnesses asked for further steps before enactment'notably, municipal representatives urging guardrails on any rule to extend hold times and advocates urging a performance audit and stronger enforcement measures to address inspected failures. The draft bill will return to the legislature for additional committee consideration and possible amendments.