101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3008

 

Introduced , by Rep. C.D. Davidsmeyer

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 605/3.6

    Amends the Animal Welfare Act. Adds language affording a secondary contact or the purchaser of a microchip (if the purchaser is a nonprofit organization, animal shelter, animal control facility, pet store, breeder, or veterinary office) the right to reclaim a dog or cat prior to adoption, transfer, or euthanization if the microchipped dog or cat's primary contact cannot be located or refuses to reclaim the animal.


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A BILL FOR

 

HB3008LRB101 09784 JRG 54885 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Animal Welfare Act is amended by changing
5Section 3.6 as follows:
 
6    (225 ILCS 605/3.6)
7    Sec. 3.6. Acceptance of stray dogs and cats.
8    (a) No animal shelter may accept a stray dog or cat unless
9the animal is reported by the shelter to the animal control or
10law enforcement of the county in which the animal is found by
11the next business day. An animal shelter may accept animals
12from: (1) the owner of the animal where the owner signs a
13relinquishment form which states he or she is the owner of the
14animal; (2) an animal shelter licensed under this Act; or (3)
15an out-of-state animal control facility, rescue group, or
16animal shelter that is duly licensed in their state or is a
17not-for-profit organization.
18    (b) When stray dogs and cats are accepted by an animal
19shelter, they must be scanned for the presence of a microchip
20and examined for other currently-acceptable methods of
21identification, including, but not limited to, identification
22tags, tattoos, and rabies license tags. The examination for
23identification shall be done within 24 hours after the intake

 

 

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1of each dog or cat. The animal shelter shall notify the owner
2and transfer any dog with an identified owner to the animal
3control or law enforcement agency in the jurisdiction in which
4it was found or the local animal control agency for redemption.
5    (c) If no transfer can occur, the animal shelter shall make
6every reasonable attempt to contact the owner, agent, or
7caretaker as soon as possible. The animal shelter shall give
8notice of not less than 7 business days to the owner, agent, or
9caretaker prior to disposal of the animal. The notice shall be
10mailed to the last known address of the owner, agent, or
11caretaker. Testimony of the animal shelter, or its authorized
12agent, who mails the notice shall be evidence of the receipt of
13the notice by the owner, agent, or caretaker of the animal. A
14mailed notice shall remain the primary means of owner, agent,
15or caretaker contact; however, the animal shelter shall also
16attempt to contact the owner, agent, or caretaker by any other
17contact information, such as by telephone or email address,
18provided by the microchip or other method of identification
19found on the dog or cat. If the dog or cat has been
20microchipped and the primary contact listed by the chip
21manufacturer cannot be located or refuses to reclaim the dog or
22cat, an attempt shall be made to contact any secondary contacts
23listed by the chip manufacturer or the purchaser of the
24microchip if the purchaser is a nonprofit organization, animal
25shelter, animal control facility, pet store, breeder, or
26veterinary office and the secondary contact or the purchaser of

 

 

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1the microchip shall be afforded the right to reclaim the dog or
2cat prior to adoption, transfer, or euthanization. Prior to
3transferring any stray dog or cat to another humane shelter,
4pet store, rescue group, or euthanization, the dog or cat shall
5be scanned again for the presence of a microchip and examined
6for other means of identification. If a second scan provides
7the same identifying information as the initial intake scan and
8the owner, agent, or caretaker has not been located or refuses
9to reclaim the dog or cat, the animal shelter may proceed with
10adoption, transfer, or euthanization.
11    (d) When stray dogs and cats are accepted by an animal
12shelter and no owner can be identified, the shelter shall hold
13the animal for the period specified in local ordinance prior to
14adoption, transfer, or euthanasia. The animal shelter shall
15allow access to the public to view the animals housed there. If
16a dog is identified by an owner who desires to make redemption
17of it, the dog shall be transferred to the local animal control
18for redemption. If no transfer can occur, the animal shelter
19shall proceed pursuant to Section 3.7. Upon lapse of the hold
20period specified in local ordinance and no owner can be
21identified, ownership of the animal, by operation of law,
22transfers to the shelter that has custody of the animal.
23    (e) No representative of an animal shelter may enter
24private property and remove an animal without permission from
25the property owner and animal owner, nor can any representative
26of an animal shelter direct another individual to enter private

 

 

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1property and remove an animal unless that individual is an
2approved humane investigator (approved by the Department)
3operating pursuant to the provisions of the Humane Care for
4Animals Act.
5    (f) Nothing in this Section limits an animal shelter and an
6animal control facility who, through mutual agreement, wish to
7enter into an agreement for animal control, boarding, holding,
8measures to improve life-saving, or other services provided
9that the agreement requires parties adhere to the provisions of
10the Animal Control Act, the Humane Euthanasia in Animal
11Shelters Act, and the Humane Care for Animals Act.
12(Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17;
13100-870, eff. 1-1-19.)