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Full Text of SB1637  97th General Assembly

SB1637enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB1637 EnrolledLRB097 06001 CEL 46072 b

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
5Sections 10 and 35 as follows:
 
6    (510 ILCS 5/10)  (from Ch. 8, par. 360)
7    Sec. 10. Impoundment; redemption. When dogs or cats are
8apprehended and impounded, they must be scanned for the
9presence of a microchip and examined for other currently
10acceptable methods of identification, including, but not
11limited to, identification tags, tattoos, and rabies license
12tags. The examination for identification shall be done within
1324 hours after the intake of each dog or cat. The Administrator
14shall make every reasonable attempt to contact the owner as
15defined by Section 2.16, agent, or caretaker as soon as
16possible. The Administrator shall give notice of not less than
177 business days to the owner, agent, or caretaker prior to
18disposal of the animal. Such notice shall be mailed to the last
19known address of the owner, agent, or caretaker. Testimony of
20the Administrator, or his or her authorized agent, who mails
21such notice shall be evidence of the receipt of such notice by
22the owner, agent, or caretaker of the animal. A mailed notice
23shall remain the primary means of owner, agent, or caretaker

 

 

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1contact; however, the Administrator shall also attempt to
2contact the owner, agent, or caretaker by any other contact
3information, such as by telephone or email address, provided by
4the microchip or other method of identification found on the
5dog or cat. If the dog or cat has been microchipped and the
6primary contact listed by the chip manufacturer cannot be
7located or refuses to reclaim the dog or cat, an attempt shall
8be made to contact any secondary contacts listed by the chip
9manufacturer prior to adoption, transfer, or euthanization.
10Prior to transferring the dog or cat to another humane shelter,
11rescue group, or euthanization, the dog or cat shall be scanned
12again for the presence of a microchip and examined for other
13means of identification. If a second scan provides the same
14identifying information as the initial intake scan and the
15owner, agent, or caretaker has not been located or refuses to
16reclaim the dog or cat, the animal control facility may proceed
17with the adoption, transfer, or euthanization.
18    In case the owner, agent, or caretaker of any impounded dog
19or cat desires to make redemption thereof, he or she may do so
20by doing the following:
21        a. Presenting proof of current rabies inoculation and
22    registration, if applicable.
23        b. Paying for the rabies inoculation of the dog or cat
24    and registration, if applicable.
25        c. Paying the pound for the board of the dog or cat for
26    the period it was impounded.

 

 

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1        d. Paying into the Animal Control Fund an additional
2    impoundment fee as prescribed by the Board as a penalty for
3    the first offense and for each subsequent offense.
4        e. Paying a $25 public safety fine to be deposited into
5    the Pet Population Control Fund; the fine shall be waived
6    if it is the dog's or cat's first impoundment and the
7    owner, agent, or caretaker has the animal spayed or
8    neutered within 14 days.
9        f. Paying for microchipping and registration if not
10    already done.
11    The payments required for redemption under this Section
12shall be in addition to any other penalties invoked under this
13Act and the Illinois Public Health and Safety Animal Population
14Control Act. An animal control agency shall assist and share
15information with the Director of Public Health in the
16collection of public safety fines.
17(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
 
18    (510 ILCS 5/35)
19    Sec. 35. Liability.
20    (a) Any municipality or political subdivision allowing
21feral cat colonies and trap, sterilize, and return programs to
22help control cat overpopulation shall be immune from criminal
23liability and shall not be civilly liable, except for willful
24and wanton misconduct, for damages that may result from a feral
25cat. Any municipality or political subdivision allowing dog

 

 

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1parks shall be immune from criminal liability and shall not be
2civilly liable, except for willful and wanton misconduct, for
3damages that may result from occurrences in the dog park.
4    (b) Any veterinarian or animal shelter or animal control
5facility who in good faith contacts the registered owner,
6agent, or caretaker of a microchipped animal shall be immune
7from criminal liability and shall not, as a result of his or
8her acts or omissions, except for willful and wanton
9misconduct, be liable for civil damages.
10    (c) Any veterinarian who sterilizes feral cats and any
11feral cat caretaker who traps cats for a trap, sterilize, and
12return program shall be immune from criminal liability and
13shall not, as a result of his or her acts or omissions, except
14for willful and wanton misconduct, be liable for civil damages.
15    (d) Any animal shelter or animal control facility worker
16who microchips an animal shall be immune from criminal
17liability and shall not, as a result of his or her acts or
18omissions, except for willful and wanton misconduct, be liable
19for civil damages.
20(Source: P.A. 94-639, eff. 8-22-05.)
 
21    Section 99. Effective date. This Act takes effect January
221, 2012.