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1     AN ACT concerning animals.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Humane Care for Animals Act is amended by
5 changing Sections 3.02 and 8 and by adding Section 3.09 as
6 follows:
 
7     (510 ILCS 70/3.02)
8     Sec. 3.02. Aggravated cruelty.
9     (a) No person may intentionally commit an act that causes a
10 companion animal to suffer serious injury or death. Aggravated
11 cruelty does not include euthanasia of a companion animal
12 through recognized methods approved by the Department of
13 Agriculture unless prohibited under subsection (b) or (c).
14     (b) No individual, except a licensed veterinarian as
15 exempted under Section 3.09, may knowingly or intentionally
16 euthanize or authorize the euthanasia of a companion animal by
17 use of carbon monoxide.
18     (c) No individual may knowingly or intentionally euthanize
19 or authorize the euthanasia of a companion animal by any of the
20 following means:
21         (1) by placing the companion animal in a decompression
22     chamber and lowering the pressure of the oxygen content in
23     the air surrounding the animal; or

 

 

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1         (2) by using carbon dioxide.
2     (d) A person convicted of violating Section 3.02 is guilty
3 of a Class 4 felony. A second or subsequent violation is a
4 Class 3 felony. In addition to any other penalty provided by
5 law, upon conviction for violating this Section, the court may
6 order the convicted person to undergo a psychological or
7 psychiatric evaluation and to undergo any treatment at the
8 convicted person's expense that the court determines to be
9 appropriate after due consideration of the evaluation. If the
10 convicted person is a juvenile or a companion animal hoarder,
11 the court must order the convicted person to undergo a
12 psychological or psychiatric evaluation and to undergo
13 treatment that the court determines to be appropriate after due
14 consideration of the evaluation.
15 (Source: P.A. 92-650, eff. 7-11-02.)
 
16     (510 ILCS 70/3.09 new)
17     Sec. 3.09. Carbon monoxide euthanasia by a licensed
18 veterinarian. A licensed veterinarian may euthanize a
19 companion animal in a commercially manufactured chamber by use
20 of compressed carbon monoxide. The veterinarian must be
21 physically present during the euthanasia process until death is
22 confirmed. The veterinarian must take all of the following
23 steps when using a gas chamber:
24         (1) Render a written opinion for each companion animal
25     including:

 

 

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1             (A) a description of the animal including species,
2         color, age, sex, and microchip number if present; and
3             (B) a signed and dated statement that the use of
4         compressed carbon monoxide is the most humane method of
5         euthanasia for this companion animal.
6         (2) Use a commercially manufactured chamber pursuant
7     to the guidelines set forth in the most recent report of
8     the AVMA Panel on Euthanasia. The interior of the chamber
9     must be well lit and equipped with view-ports, a regulator,
10     and a flow meter. Monitoring equipment must be used at all
11     times during the operation. Animals that are under 4 months
12     of age, old, injured, or sick may not be euthanized by
13     carbon monoxide. Animals shall remain in the chamber and be
14     exposed for a minimum of 20 minutes. Staff members shall be
15     fully notified of potential health risks.
16         (3) Only one companion animal may be euthanized at a
17     time.
 
18     (510 ILCS 70/8)  (from Ch. 8, par. 708)
19     Sec. 8. Rulemaking.
20     The Department shall administer this Act and shall
21 promulgate such rules and regulations as are necessary to
22 effectuate the purposes of this Act. Such rules and regulations
23 are subject to the approval of the Advisory Board of Livestock
24 Commissioners. No later than 6 months after the effective date
25 of this amendatory Act of the 96th General Assembly, the

 

 

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1 Department shall adopt rules defining the "recognized methods
2 for the humane euthanasia of companion animals" referred to in
3 subsection (a) of Section 3.02 of this Act.
4     The Director may, in formulating rules and regulations
5 pursuant to this Act, seek the advice and recommendations of
6 humane societies in this State.
7 (Source: P.A. 78-905.)
 
8     Section 10. The Humane Euthanasia in Animal Shelters Act is
9 amended by changing Sections 35, 57, 65, and 90 and by adding
10 Sections 36, 66, and 91 as follows:
 
11     (510 ILCS 72/35)
12     Sec. 35. Technician certification; duties.
13     (a) An applicant for certification as a euthanasia
14 technician shall file an application with the Department and
15 shall:
16         (1) Be 18 years of age.
17         (2) Be of good moral character. In determining moral
18     character under this Section, the Department may take into
19     consideration whether the applicant has engaged in conduct
20     or activities that would constitute grounds for discipline
21     under this Act.
22         (3) Each applicant for certification as a euthanasia
23     technician shall have his or her fingerprints submitted to
24     the Department of State Police in an electronic format that

 

 

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1     complies with the form and manner for requesting and
2     furnishing criminal history record information as
3     prescribed by the Department of State Police. These
4     fingerprints shall be checked against the Department of
5     State Police and Federal Bureau of Investigation criminal
6     history record databases now and hereafter filed. The
7     Department of State Police shall charge applicants a fee
8     for conducting the criminal history records check, which
9     shall be deposited in the State Police Services Fund and
10     shall not exceed the actual cost of the records check. The
11     Department of State Police shall furnish, pursuant to
12     positive identification, records of Illinois convictions
13     to the Department.
14         (4) Hold a license or certification from the American
15     Humane Association, the National Animal Control
16     Association, the Illinois Federation of Humane Societies,
17     or the Humane Society of the United States issued within 3
18     years preceding the date of application. Every 5 years a
19     certified euthanasia technician must renew his or her
20     certification with the Department. At the time of renewal,
21     the technician must present proof that he or she attended a
22     class or seminar, administered by the American Humane
23     Association, the National Animal Control Association, the
24     Illinois Federation of Humane Societies, or the Humane
25     Society of the United States, that teaches techniques or
26     guidelines, or both, for humane animal euthanasia.

 

 

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1         For a period of 12 months after the adoption of final
2     administrative rules for this Act, the Department may issue
3     a certification to an applicant who holds a license or
4     certification from the American Humane Association, the
5     National Animal Control Association, the Illinois
6     Federation of Humane Societies, or the Humane Society of
7     the United States issued after January 1, 1997.
8         (5) Pay the required fee.
9     (b) The duties of a euthanasia technician shall include but
10 are not limited to:
11         (1) preparing animals for euthanasia and scanning each
12     animal, prior to euthanasia, for microchips;
13         (2) accurately recording the dosages administered and
14     the amount of drugs wasted;
15         (3) ordering supplies;
16         (4) maintaining the security of all controlled
17     substances and drugs;
18         (5) humanely euthanizing animals via intravenous
19     injection by hypodermic needle, intraperitoneal injection
20     by hypodermic needle, solutions or powder added to food or
21     by mouth, intracardiac injection only on comatose animals
22     by hypodermic needle, or carbon monoxide in a commercially
23     manufactured chamber; and
24         (6) properly disposing of euthanized animals after
25     verification of death.
26     (c) A euthanasia technician employed by a euthanasia agency

 

 

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1 may perform euthanasia by the administration of a Schedule II
2 or Schedule III nonnarcotic controlled substance. A euthanasia
3 technician may not personally possess, order, or administer a
4 controlled substance except as an agent of the euthanasia
5 agency.
6     (d) Upon termination from a euthanasia agency, a euthanasia
7 technician shall not perform animal euthanasia until he or she
8 is employed by another certified euthanasia agency.
9     (e) A certified euthanasia technician or an instructor in
10 an approved course does not engage in the practice of
11 veterinary medicine when performing duties set forth in this
12 Act.
13 (Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
 
14     (510 ILCS 72/36 new)
15     Sec. 36. Certificate issuance restrictions. The Department
16 shall not issue a certificate to any individual convicted in
17 Illinois of a forcible felony, a felony violation of the Humane
18 Care for Animals Act, a felony violation of Article 24 of the
19 Criminal Code of 1961, a felony violation of Class 3 or higher
20 of the Cannabis Control Act, a felony violation of Class 2 or
21 higher of the Methamphetamine Control and Community Prevention
22 Act, or any violation of Section 12-35 or 26-5 of the Criminal
23 Code of 1961, or convicted in another jurisdiction of the
24 United States of an offense substantially similar to any of the
25 specified Illinois offenses.
 

 

 

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1     (510 ILCS 72/57)
2     Sec. 57. Procedures for euthanasia.
3     (a) Only euthanasia drugs and commercially compressed
4 carbon monoxide, subject to the limitations imposed under
5 subsection (b) of this Section, shall be used for the purpose
6 of humanely euthanizing injured, sick, homeless, or unwanted
7 companion animals in an animal shelter or an animal control
8 facility licensed under the Illinois Animal Welfare Act, except
9 that a licensed veterinarian may euthanize companion animals in
10 such a shelter or facility by the use of carbon monoxide if the
11 veterinarian complies with the requirements set forth in
12 Section 3.09 of the Humane Care for Animals Act.
13     (b) (Blank). Commercially compressed carbon monoxide may
14 be used as a permitted method of euthanasia provided that it is
15 performed in a commercially manufactured chamber pursuant to
16 the guidelines set forth in the most recent report of the AVMA
17 Panel on Euthanasia. A chamber that is designed to euthanize
18 more than one animal at a time must be equipped with
19 independent sections or cages to separate incompatible
20 animals. The interior of the chamber must be well lit and
21 equipped with view-ports, a regulator, and a flow meter.
22 Monitoring equipment must be used at all times during the
23 operation. Animals that are under 4 months of age, old,
24 injured, or sick may not be euthanized by carbon monoxide.
25 Animals shall remain in the chamber and be exposed for a

 

 

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1 minimum of 20 minutes. Staff members shall be fully notified of
2 potential health risks.
3     (c) Animals cannot be transported beyond State lines for
4 the sole purpose of euthanasia unless the euthanasia methods
5 comply with subsection (a) or (b) of this Section and the
6 euthanasia is performed by a certified euthanasia technician.
7 (Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
 
8     (510 ILCS 72/65)
9     Sec. 65. Refused issuance, suspension, or revocation of
10 certification. The Department shall refuse to renew or shall
11 revoke a euthanasia technician certification and may impose a
12 fine not to exceed $1,000 for a certified euthanasia technician
13 for any one or combination of the following reasons, each of
14 which is a violation of the Act:
15     (1) Failing to carry out any of the following duties of a
16 euthanasia technician:
17         (A) scanning for microchips or other identification
18     prior to euthanasia;
19         (B) maintaining the security of all controlled
20     substances and drugs;
21         (C) humanely euthanizing animals by intravenous
22     injection by hypodermic needle, intraperitoneal injection
23     by hypodermic needle, solutions or powder added to food or
24     by mouth, or intracardiac injection only on comatose
25     animals by hypodermic needle; or

 

 

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1         (D) verification of death by using a cardiac puncture
2     or stethoscope or by recognizing the signs of rigor mortis.
3     (2) Abusing the use of any controlled or illegal chemical
4 substance.
5     (3) Selling, stealing, or giving controlled or illegal
6 chemical substances away.
7     (4) Abetting anyone in the activities listed in this
8 Section.
9     (5) Violating any provision of the Illinois Animal Welfare
10 Act, the Illinois Humane Care for Animals Act, or the Illinois
11 Controlled Substances Act.
12     (6) Acting as a euthanasia technician outside of the scope
13 of his or her employment with a certified euthanasia agency or
14 while not employed by a certified euthanasia agency. The
15 Department may refuse to issue, renew, or restore a
16 certification or may revoke or suspend a certification, or
17 place on probation, reprimand, impose a fine not to exceed
18 $1,000 for each violation, or take other disciplinary action as
19 the Department may deem proper with regard to a certified
20 euthanasia agency or a certified euthanasia technician for any
21 one or combination of the following reasons:
22         (1) failing to carry out the duties of a euthanasia
23     technician;
24         (2) abusing the use of any chemical substance;
25         (3) selling, stealing, or giving chemical substances
26     away;

 

 

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1         (4) abetting anyone in the activities listed in this
2     subsection; or
3         (5) violating any provision of this Act, the Illinois
4     Controlled Substances Act, the rules adopted under these
5     Acts or any rules adopted by the Department of Professional
6     Regulation concerning the euthanizing of animals.
7 (Source: P.A. 92-449, eff. 1-1-02.)
 
8     (510 ILCS 72/66 new)
9     Sec. 66. Refused issuance or revocation of euthanasia
10 agency certification. The Department shall refuse to renew or
11 shall revoke a euthanasia agency's certification and may impose
12 a fine not to exceed $1,000 for any one of the following
13 reasons, each of which is a violation of the Act:
14     (1) Knowingly or willfully allowing a euthanasia
15 technician to perform any of the actions described in Section
16 65 of this Act.
17     (2) Failing to maintain the security of all controlled
18 substances and drugs.
19     (3) Allowing euthanasia to be performed by an individual
20 other than a certified euthanasia technician, a licensed
21 veterinarian, or an instructor.
22     (4) Failing to comply with the requirements of the Illinois
23 Food, Drug and Cosmetic Act; federal Food, Drug and Cosmetic
24 Act; federal Controlled Substances Act; or the Illinois
25 Controlled Substances Act.
 

 

 

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1     (510 ILCS 72/90)
2     Sec. 90. Uncertified practice; civil penalty.
3     (a) A person who practices, offers to practice, attempts to
4 practice, or holds himself or herself out as a certified
5 euthanasia technician or a certified euthanasia agency without
6 being certified under this Act shall, in addition to any other
7 penalty provided by law, pay a civil penalty to the Department
8 in an amount not to exceed $5,000 for each offense as
9 determined by the Department. The civil penalty shall be
10 assessed by the Department after a hearing is held in
11 accordance with the provisions set forth in this Act regarding
12 the provision of a hearing for the discipline of a certified
13 euthanasia technician or a certified euthanasia agency. The
14 civil penalty must be paid within 60 days after the effective
15 date of the order imposing the civil penalty. The order shall
16 constitute a judgment and may be filed and executed in the same
17 manner as any judgment from any court of record.
18     (b) The Department may investigate any uncertified
19 activity.
20     (c) Instructors or licensed veterinarians teaching humane
21 euthanasia techniques are exempt from the certification
22 process so long as they are currently licensed by another state
23 as a euthanasia technician or as a veterinarian.
24 (Source: P.A. 92-449, eff. 1-1-02.)
 

 

 

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1     (510 ILCS 72/91 new)
2     Sec. 91. Criminal penalties. An individual, an agency, or a
3 technician who is found to have violated any one of the
4 following provisions of this Act is guilty of a Class A
5 misdemeanor:
6         (1) Euthanasia technician. Any violation of Section
7     65.
8         (2) Euthanasia agency. An administrator, a director, a
9     manager, or a supervisor of a euthanasia agency who
10     knowingly or willfully violates Section 66.
11         (3) Personal. Any person who practices, offers to
12     practice, attempts to practice, or holds himself, herself,
13     or itself out as a certified euthanasia technician or a
14     certified euthanasia agency without being certified under
15     this Act.
16     On conviction of a second or subsequent offense, the
17 violator is guilty of a Class 4 felony. The Department shall
18 refer any alleged violation of these provisions for the purpose
19 of criminal investigation and prosecution to local law
20 enforcement or the Illinois State Police and to the State's
21 Attorney in the county within which the violation occurred.
22     The Department shall also refer any information it receives
23 that appears to violate the Humane Care for Animals Act for
24 criminal investigation and prosecution to the Illinois State
25 Police and to the State's Attorney of the county within which
26 the violation occurred.
 

 

 

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1     (510 ILCS 72/165 rep.)
2     Section 15. The Humane Euthanasia in Animal Shelters Act is
3 amended by repealing Section 165.
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.