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Full Text of HB1166  97th General Assembly

HB1166 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1166

 

Introduced 02/08/11, by Rep. Patrick J. Verschoore

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 5/3  from Ch. 8, par. 353
510 ILCS 70/2.10

    Amends the Humane Care for Animals Act. Provides that the definition of a "companion animal hoarder" means a person who is in possession of 7 or more companion animals in addition to other requirements. Amends the Animal Control Act. Provides that a person must obtain a permit from the Board to possess 7 or more companion animals. Provides that a failure to receive a permit for the possession of 7 or more companion animals is a violation and a person is guilty of a Class B misdemeanor and a second or subsequent violation is a Class 4 felony with every day that a violation continues constituting a separate offense.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Animal Control Act is amended by changing
5Section 3 as follows:
 
6    (510 ILCS 5/3)  (from Ch. 8, par. 353)
7    Sec. 3. The County Board Chairman with the consent of the
8County Board shall appoint an Administrator. Appointments
9shall be made as necessary to keep this position filled at all
10times. The Administrator may appoint as many Deputy
11Administrators and Animal Control Wardens to aid him or her as
12authorized by the Board. The compensation for the
13Administrator, Deputy Administrators, and Animal Control
14Wardens shall be fixed by the Board. The Administrator may be
15removed from office by the County Board Chairman, with the
16consent of the County Board.
17    The Board shall provide necessary personnel, training,
18equipment, supplies, and facilities, and shall operate pounds
19or contract for their operation as necessary to effectuate the
20program. The Board may enter into contracts or agreements with
21persons to assist in the operation of the program and may
22establish a county animal population control program.
23    The Board shall be empowered to utilize monies from their

 

 

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1General Corporate Fund to effectuate the intent of this Act.
2    The Board is authorized by ordinance to require the
3registration and may require microchipping of dogs and cats.
4The Board shall impose an individual dog or cat registration
5fee with a minimum differential of $10 for intact dogs or cats.
6Ten dollars of the differential shall be placed either in a
7county animal population control fund or in the State's Pet
8Population Control Fund. If the money is placed in the county
9animal population control fund it shall be used to (i) spay,
10neuter, or sterilize adopted dogs or cats or (ii) spay or
11neuter dogs or cats owned by low income county residents who
12are eligible for the Food Stamp Program. All persons selling
13dogs or cats or keeping registries of dogs or cats shall
14cooperate and provide information to the Administrator as
15required by Board ordinance, including sales, number of
16litters, and ownership of dogs and cats. If microchips are
17required, the microchip number may serve as the county animal
18control registration number.
19    A person must obtain a permit from the Board to possess 7
20or more companion animals, as defined in the Humane Care for
21Animals Act. Failure to receive a permit for the possession of
227 or more companion animals is a violation of this Section and
23a person is guilty of a Class B misdemeanor. A second or
24subsequent violation is a Class 4 felony with every day that a
25violation continues constituting a separate offense.
26    In obtaining information required to implement this Act,

 

 

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1the Department shall have power to subpoena and bring before it
2any person in this State and to take testimony either orally or
3by deposition, or both, with the same fees and mileage and in
4the same manner as prescribed by law for civil cases in courts
5of this State.
6    The Director shall have power to administer oaths to
7witnesses at any hearing which the Department is authorized by
8law to conduct, and any other oaths required or authorized in
9any Act administered by the Department.
10    This Section does not apply to feral cats.
11(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
 
12    Section 10. The Humane Care for Animals Act is amended by
13changing Section 2.10 as follows:
 
14    (510 ILCS 70/2.10)
15    Sec. 2.10. Companion animal hoarder. "Companion animal
16hoarder" means a person who (i) possesses 7 or more a large
17number of companion animals; (ii) fails to or is unable to
18provide what he or she is required to provide under Section 3
19of this Act; (iii) keeps the companion animals in a severely
20overcrowded environment; and (iv) displays an inability to
21recognize or understand the nature of or has a reckless
22disregard for the conditions under which the companion animals
23are living and the deleterious impact they have on the
24companion animals' and owner's health and well-being.

 

 

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1(Source: P.A. 92-454, eff. 1-1-02.)