Illinois General Assembly - Full Text of SB1637
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Full Text of SB1637  97th General Assembly

SB1637 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1637

 

Introduced 2/9/2011, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 5/10  from Ch. 8, par. 360
510 ILCS 5/11  from Ch. 8, par. 361

    Amends the Animal Control Act. Provides that when dogs or cats are impounded, they must be scanned using a universal scanner and be examined for all other currently acceptable methods of identification within 24 hours of intake of each animal. Provides that a mailed notice shall remain the primary means of contacting an owner of an impounded dog or cat; however, the Administrator shall also attempt to contact the owner by any other contact information provided, such as a telephone number or email address. Provides that any impounded animal be held for a minimum of 7 business days to allow reclamation by an owner, agent, or caretaker. Provides that if an animal has been microchipped and the owner on the chip cannot be located or refuses to reclaim the animal, attempt should be made to contact the previous owner named on the chip, as well as the agency or individual who purchased the chip, prior to euthanizing, transferring, or adoption. Provides that prior to euthanizing or transferring an animal, the animal shall be rescanned using a universal scanner, for the presence of a microchip and, if a microchip cannot be detected, examined for all other currently acceptable methods of identification, including, but not limited to, identification tags, tattoos, and rabies license tag. Provides for the prioritization of intake of animals from within the State prior to animals from outside the State. Effective January 1, 2012.


LRB097 06001 CEL 46072 b

 

 

A BILL FOR

 

SB1637LRB097 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 11 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 using a
9universal scanner for the presence of a microchip and examined
10for all other currently acceptable methods of identification,
11including, but not limited to, identification tags, tattoos,
12and rabies license tags. The examination for identification
13shall be done within 24 hours of intake of each animal. The
14Administrator shall make every reasonable attempt to contact
15the owner as defined by Section 2.16 as soon as possible. The
16Administrator shall give notice of not less than 7 business
17days to the owner prior to disposal of the animal. Such notice
18shall be mailed to the last known address of the owner.
19Testimony of the Administrator, or his or her authorized agent,
20who mails such notice shall be evidence of the receipt of such
21notice by the owner of the animal. A mailed notice shall remain
22the primary means of owner contact; however, the Administrator
23shall also attempt to contact the owner by any other contact

 

 

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1information, such as by telephone or email address, provided by
2the microchip or other method of identification found on the
3animal. Any impounded cat or dog that lacks identifying
4information shall be held for a minimum of 7 business days to
5allow for the reclamation by their owner, agent, or caretaker.
6This required holding period shall not apply to
7owner-surrendered animals or other cases where the owner of the
8animal is known and has relinquished, in writing, all claims to
9the animal. If the animal has been microchipped and the owner
10on the chip cannot be located or refuses to reclaim the animal,
11attempt should be made to contact the previous owner as named
12on the chip, as well as the agency or individual who purchased
13the implanted chip found in the animal, prior to euthanizing,
14transferring, or adoption.
15    In case the owner of any impounded dog or cat desires to
16make redemption thereof, he or she may do so by doing the
17following:
18        a. Presenting proof of current rabies inoculation and
19    registration, if applicable.
20        b. Paying for the rabies inoculation of the dog or cat
21    and registration, if applicable.
22        c. Paying the pound for the board of the dog or cat for
23    the period it was impounded.
24        d. Paying into the Animal Control Fund an additional
25    impoundment fee as prescribed by the Board as a penalty for
26    the first offense and for each subsequent offense.

 

 

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1        e. Paying a $25 public safety fine to be deposited into
2    the Pet Population Control Fund; the fine shall be waived
3    if it is the dog's or cat's first impoundment and the owner
4    has the animal spayed or neutered within 14 days.
5        f. Paying for microchipping and registration if not
6    already done.
7    The payments required for redemption under this Section
8shall be in addition to any other penalties invoked under this
9Act and the Illinois Public Health and Safety Animal Population
10Control Act. An animal control agency shall assist and share
11information with the Director of Public Health in the
12collection of public safety fines.
13(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
 
14    (510 ILCS 5/11)  (from Ch. 8, par. 361)
15    Sec. 11. When not redeemed by the owner, agent, or
16caretaker, a dog or cat must be scanned for a microchip. If a
17microchip is present, the registered owner must be notified.
18After contact has been made or attempted, dogs or cats deemed
19adoptable by the animal control facility shall be offered for
20adoption, or made available to a licensed humane society or
21rescue group. If no placement is available, it shall be
22humanely dispatched pursuant to the Humane Euthanasia in Animal
23Shelters Act. Prior to euthanizing or transferring the animal
24to another humane shelter or rescue group, the animal should be
25scanned again, using a universal scanner, for the presence of a

 

 

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1microchip and, if a microchip cannot be detected, examined for
2all other currently acceptable methods of identification,
3including, but not limited to, identification tags, tattoos,
4and rabies license tag. An animal pound or animal shelter shall
5not adopt or release any dog or cat to anyone other than the
6owner unless the animal has been rendered incapable of
7reproduction and microchipped, or the person wishing to adopt
8an animal prior to the surgical procedures having been
9performed shall have executed a written agreement promising to
10have such service performed, including microchipping, within a
11specified period of time not to exceed 30 days. Failure to
12fulfill the terms of the agreement shall result in seizure and
13impoundment of the animal and any offspring by the animal pound
14or shelter, and any monies which have been deposited shall be
15forfeited and submitted to the Pet Population Control Fund on a
16yearly basis. This Act shall not prevent humane societies from
17engaging in activities set forth by their charters; provided,
18they are not inconsistent with provisions of this Act and other
19existing laws. No animal shelter or animal control facility
20shall release dogs or cats to an individual representing a
21rescue group, unless the group has been licensed or has a
22foster care permit issued by the Illinois Department of
23Agriculture or is a representative of a not-for-profit
24out-of-state organization. Animal shelters shall prioritize
25the acceptance of animal intakes from within the State prior to
26accepting a dog or cat from outside the State. The Department

 

 

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1may suspend or revoke the license of any animal shelter or
2animal control facility that fails to comply with the
3requirements set forth in this Section or that fails to report
4its intake and euthanasia statistics each year.
5(Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08.)
 
6    Section 99. Effective date. This Act takes effect January
71, 2012.