SB20-164 is slated for its first Senate Agriculture Committee Hearing on Thursday, February 20, 2020.
On the surface, the bill resembles other types of legislation that may not go as far as other proposed “No Kill” bills that have failed in other states. However, SB20-164 is really something else. It masquerades as “socially conscious”. However, the Legislative Declaration reveals the true intent behind the bill:
“(d) Colorado has a vigorous, collaborative, and well-organized intrastate transfer program to implement this practice, resulting in the opportunity for all healthy, safe, and social dogs and cats to be placed in the community;”
That's importation folks! SB-20-164 tries to legitimize that!
Note that The Colorado Legislative Drafting Manual includes the following:
“2.7 LEGISLATIVE DECLARATIONS AND LEGISLATIVE INTENT STATEMENTS
Many times legislators or lobbyists request the inclusion of a legislative declaration or legislative intent statement in a bill. Because the statements may be used by the courts to interpret the statute or may include representations that could generate litigation, the drafter should exercise care in writing these statements.” [Emphasis Added]
That being said, the SB20-164 actually attempts to redefine and legitimize importation, smuggling, trafficking, as being socially consciously Retail Rescue Sheltering! A stamp of approval by our State Government!
In addition to re-framing the narrative on behalf of Retail Rescue, the Legislative Declaration might also afford Retail Rescue protection from litigation, regulation, and criminal prosecution of Deceptive Trade Practices, as is described in the PACFA Statute.
“(4) The failure by any person to comply with the provisions of paragraph (a) or (b) of subsection (1) of this section or paragraph (f) of subsection (2) of this section is a deceptive trade practice and is subject to the provisions of the "Colorado Consumer Protection Act", article 1 of title 6, C.R.S.
It is drawing reference to…
(f) To make any misrepresentation or false promise through advertisements, employees, agents, or otherwise in connection with the business operations licensed pursuant to this article or for which an application for a license is pending; “
In other words, when you sell/adopt dogs and swindle donors by misrepresenting imported dogs as “puppy mill” dogs, the overpopulation myth, breeders, etc. that is consumer fraud…among other violations.
The language contained in this bill is both clever and shrewd as it sure looks like a “get out of jail free card” for Retail Rescue. SB20-164 bill must be defeated.
Click on the link below and call these Senators today before the hearing. Voice your opposition to the Legislative Declaration (D) cleverly written into the language of SB20-164. Politely inform these Senators that Importation and trafficking of dogs and cats is NOT "socially conscious sheltering". The only socially conscious sheltering practice would be for Retail Rescue to be put out of business and its perpetrators brought to Justice.
Colorado Senate Agriculture & Natural Resources Committee