SB2612 93RD GENERAL ASSEMBLY

LRB093 20664 RAS 46529 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2612

Introduced 2/4/2004, by Don Harmon

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.625 new
30 ILCS 805/8.28 new

Creates the Dog and Cat Overpopulation Control Act. Establishes the Dog and Cat Population Control Program to reduce the population of unwanted and stray dogs and cats by encouraging the owners of dogs and cats to have them sexually sterilized. Provides guidelines for participation in the Program by dog and cat owners and veterinarians. Grants rulemaking power to the Department of Agriculture. Provides that violation of any provision of this Act may result in an administrative fine not to exceed $1,000 for each violation. Creates the Dog and Cat Animal Population Control Fund. Provides that each county board shall, in addition to the individual animal and litter registration fee, impose a $2 dog and cat population control fee on each registered dog and cat beginning January 1, 2005. Preempts home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning animal control.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Dog and Cat Overpopulation Control Act.

Section 5. Findings. The General Assembly finds the following:

(1) Controlling the dog and cat population would have a significant benefit to the public health by aiding in the prevention of dog attacks, reducing the number of dog and cat bite cases involving children, and decreasing the number of automobile accidents caused by stray dogs and cats.

(2) Controlling the dog and cat population will save taxpayer dollars by reducing the number of dogs and cats handled by county and municipal animal control agencies. A similar program was implemented in New Hampshire in 1994 and has significantly reduced the number of dogs and cats euthanized in shelters in that State. Every dollar spent on the New Hampshire neutering program has saved $3.15 in reduced impoundment costs there.

Section 10. Definitions. For purposes of this Act:

"Director" means the Director of Agriculture.

"Department" means the Department of Agriculture.

"Fund" means the Dog and Cat Population Control Fund established in this Act.

Section 15. Program established. The Department shall establish and implement a Dog and Cat Population Control Program. The purpose of this program is to reduce the population of unwanted and stray dogs and cats by encouraging the owners of dogs and cats to have them permanently sexually sterilized, thereby reducing potential threats to public health and safety. The program shall begin distributing funds for spaying and neutering operations or chemical sterilizations on January 1, 2006. Beginning June 30, 2006, the Director must make an annual written report concerning to the progress of the program to the President of the Senate, the Speaker of the House of Representatives, and the Governor.

Section 20. Eligibility.

(a) A resident of this State who has adopted a dog or cat from a licensed animal shelter shall be eligible to participate in the program if the applicant signs a consent form certifying that he or she is the owner of the dog or cat or is authorized by the owner to present the dog or cat for the procedure. The sterilization shall be performed by a participating veterinarian, and the fee for the procedure shall be $30.

(b) A resident of the State who owns a dog or cat and who is eligible for the Food Stamp Program, the Medicaid Program, or the Disability Insurance Benefits Program shall also be eligible to participate in the program at a reduced rate if the applicant signs a consent form certifying that he or she is the owner of the dog or cat or is authorized by the owner to present the dog or cat for the procedure. The sterilization shall be performed by a participating veterinarian, and the fee for the procedure shall be $15.

Section 25. Veterinarian participation. Any veterinarian licensed in this State may participate in the program established under this Act. A veterinarian shall file with the Director an application on which the veterinarian must supply, in addition to any other information requested by the Director, a fee schedule listing the fees charged for dog and cat sterilization, examination, and the pre-surgical immunizations specified in this Act in the normal course of business. The dog or cat sterilization fee may vary with the animal's weight, sex, and species. The Director may, however, disqualify from participation in the program any veterinarian whose fees the Director deems unreasonable.

The Director shall reimburse, to the extent funds are available, participating veterinarians for 80% of the fee, less payment paid by the owner to the veterinarian as provided in this Act, for each dog or cat sterilization procedure administered. To receive this reimbursement, the veterinarian must submit a dog or cat sterilization certificate that must be signed by the veterinarian and the owner of the dog or cat.

For all dogs and cats sterilized under this Act, the Director shall also reimburse, to the extent funds are available, any licensed veterinarian of this State participating in the program for (i) examination fees and the pre-surgical immunizations of dogs against rabies, distemper, hepatitis, leptospirosis, and parvovirus or (ii) examination fees and the pre-surgical immunizations of cats against rabies, feline panleukopenia, calici, pneumonitis, and rhinotracheitis, as the case may be. Reimbursement for the full cost of pre-surgical immunizations shall be made by the Director to the participating veterinarian upon written certification, signed by the veterinarian and the owner of the dog or cat, that the immunization has been administered. There shall be no additional charges to the owner of a dog or cat sterilized under Section 20(b) of this Act for examination fees or pre-surgical immunizations. An owner of a dog or cat sterilized under this Act who has adopted the dog or cat from a licensed animal shelter shall pay the cost of all pre-surgical immunizations and examination fees directly to the participating veterinarian.

Section 30. Rulemaking. The Director shall adopt rules concerning:

(1) the format and content of all forms required under this Act;

(2) proof of eligibility;

(3) the administration of the fund; and

(4) any other matter necessary for the administration of the Dog and Cat Population Control Program without the approval of the livestock commission.

Section 35. Enforcement; administrative fine. Any person who knowingly falsifies proof of eligibility for or participation in any program under this Act, furnishes any licensed veterinarian with inaccurate information concerning the ownership of a dog or cat submitted for a sterilization procedure, furnishes the Director with false information concerning a dog or cat sterilization fee schedule or a dog or cat sterilization certificate submitted pursuant to this Act, or violates any provision of this Act may be subject to an administrative fine not to exceed $1,000 for each violation.

Section 40. Dog and Cat Population Control Fund.

(a) The Dog and Cat Population Control Fund is hereby established as a special fund in the State Treasury. The moneys generated from the fee collected under subsection (b) must be kept in the Fund and may only be used to sterilize dogs and cats in this State pursuant to the program, to promote the sterilization program, and for administrative costs related to the Fund. Donations from private individuals and corporations may also be deposited into the Fund for the sole use of sterilizing dogs and cats in this State.

(b) Beginning January 1, 2005, each county board, in addition to the individual animal and litter registration fee established in the Illinois Animal Control Act, shall impose a $2 dog and cat population control fee on each registered dog and cat. The clerk of the county shall remit all dog and cat population control fees collected to the State Treasurer on a semi-annual basis. The dog and cat control fees shall be deposited into the Fund. The $2 dog and cat population control fee does not apply to feral cats as defined in the Illinois Animal Control Act.

Section 45. Home rule. A home rule unit may not act in a manner inconsistent with the provisions of this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 905. The State Finance Act is amended by adding Section 5.625 as follows:

(30 ILCS 105/5.625 new)

Sec. 5.625. The Dog and Cat Population Control Fund.

Section 910. The State Mandates Act is amended by adding Section 8.28 as follows:

(30 ILCS 805/8.28 new)

Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 93rd General Assembly.

Section 999. Effective date. This Act takes effect upon becoming law.