Full Text of SB2078 94th General Assembly
SB2078sam002 94TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 3/10/2005
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| AMENDMENT TO SENATE BILL 2078
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| AMENDMENT NO. ______. Amend Senate Bill 2078, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| Illinois Public Health and Safety Animal Population Control | 7 |
| Act.
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| Section 5. Findings. The General Assembly finds the | 9 |
| following:
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| (1) Controlling the dog and cat population would have a | 11 |
| significant benefit to the public health and safety by | 12 |
| aiding in the prevention of dog attacks, reducing the | 13 |
| number of dog and cat bite cases involving children, and | 14 |
| decreasing the number of automobile accidents caused by | 15 |
| stray dogs and cats.
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| (2) Increasing the number of rabies-vaccinated, owned | 17 |
| pets in low-income areas will reduce potential threats to | 18 |
| public health and safety from rabies.
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| (3) Controlling the dog and cat population will save | 20 |
| taxpayer dollars by reducing the number of dogs and cats | 21 |
| handled by county and municipal animal control agencies. | 22 |
| Targeted low-cost spay or neuter programs for dogs and cats | 23 |
| in select Illinois counties and other states have proven to | 24 |
| save taxpayers money. |
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| (4) This Act is established to provide a variety of | 2 |
| means by which population control and rabies vaccinations | 3 |
| may be financed.
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| Section 10. Definitions. As used in this Act:
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| "Director" means the Director of Public Health.
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| "Department" means the Department of Public Health.
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| "Companion animal" means any domestic dog (canis lupus | 8 |
| familiaris) or domestic cat
(felis catus).
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| "Fund" means the Pet Population Control Fund established in | 10 |
| this Act.
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| Section 15. Income tax checkoff. Each individual income tax | 12 |
| payer may contribute to the Pet Population Control Fund through | 13 |
| the income tax checkoff described in Section 507EE of the | 14 |
| Illinois Income Tax Act.
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| Section 20. Program established. The Department shall | 16 |
| establish and implement an Illinois Public Health and Safety | 17 |
| Animal Population Control Program by December 31, 2005. The | 18 |
| purpose of this program is to reduce the population of unwanted | 19 |
| and stray dogs and cats in Illinois by encouraging the owners | 20 |
| of dogs and cats to have them permanently sexually sterilized | 21 |
| and vaccinated, thereby reducing potential threats to public | 22 |
| health and safety. The program shall begin collecting funds on | 23 |
| January 1, 2006 and shall begin distributing funds for | 24 |
| vaccinations, spaying and neutering operations, or chemical | 25 |
| sterilizations on January 1, 2007. No dog or cat imported from | 26 |
| another state is eligible to be sterilized or vaccinated under | 27 |
| this program. Beginning June 30, 2007, the Director must make | 28 |
| an annual written report relative to the progress of the | 29 |
| program to the President of the Senate, the Speaker of the | 30 |
| House of Representatives, and the Governor.
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| Section 25. Eligibility to participate. A resident of the | 2 |
| State who owns a dog or cat and who is eligible for the Food | 3 |
| Stamp Program, the Medicaid Program, or the Disability | 4 |
| Insurance Benefits Program shall be eligible to participate in | 5 |
| the program at a reduced rate if the owner signs a consent form | 6 |
| certifying that he or she is the owner of the dog or cat or is | 7 |
| authorized by the owner to present the dog or cat for the | 8 |
| procedure. A resident of this State who is managing a feral cat | 9 |
| colony and who humanely traps feral cats for spaying or | 10 |
| neutering and return is eligible to participate in the program | 11 |
| provided the trap, sterilize, and return program is recognized | 12 |
| by the municipality or by the county, if it is located in an | 13 |
| unincorporated area. The sterilization shall be performed by a | 14 |
| voluntarily participating veterinarian or veterinary student | 15 |
| under the supervision of a veterinarian. The co-payment for the | 16 |
| cat or dog sterilization procedure and vaccinations shall be | 17 |
| $15.
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| Section 30. Veterinarian participation. Any veterinarian | 19 |
| may participate in the program established under this Act. A | 20 |
| veterinarian shall file with the Director an application, on | 21 |
| which the veterinarian must supply, in addition to any other | 22 |
| information requested by the Director, a fee schedule listing | 23 |
| the fees charged for dog and cat sterilization, examination, | 24 |
| and the presurgical immunizations specified in this Act in the | 25 |
| normal course of business. The dog or cat sterilization fee may | 26 |
| vary with the animal's weight, sex, and species. The Director | 27 |
| shall compile the fees and establish reasonable reimbursement | 28 |
| rates for the State.
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| The Director shall reimburse, to the extent funds are | 30 |
| available, participating veterinarians for each dog or cat | 31 |
| sterilization procedure administered. To receive this | 32 |
| reimbursement, the veterinarian must submit a dog or cat | 33 |
| preauthorization sterilization or vaccination certificate on a |
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| form approved by the Director that must be signed by the | 2 |
| veterinarian and the owner of the dog or cat or the feral cat | 3 |
| caretaker. The Director shall notify all participating | 4 |
| veterinarians if the program must be suspended for any period | 5 |
| due to a lack of revenue and shall also notify all | 6 |
| participating veterinarians when the program will resume. | 7 |
| Veterinarians who voluntarily participate in this | 8 |
| sterilization and vaccination program may decline to treat | 9 |
| feral cats if they choose.
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| For all dogs and cats sterilized under this Act, the | 11 |
| Director shall also reimburse, to the extent funds are | 12 |
| available, participating veterinarians for (1) an examination | 13 |
| fee and the presurgical immunization of dogs against rabies and | 14 |
| other diseases pursuant to Department rules or (2) examination | 15 |
| fees and the presurgical immunizations of cats against rabies | 16 |
| and other diseases pursuant to Department rules. Reimbursement | 17 |
| for the full cost of the covered presurgical immunizations | 18 |
| shall be made by the Director to the participating veterinarian | 19 |
| upon the written certification, signed by the veterinarian and | 20 |
| the owner of the companion animal or the feral cat caretaker, | 21 |
| that the immunization has been administered. There shall be no | 22 |
| additional charges to the owner of a dog or cat sterilized | 23 |
| under this Act or feral cat caretaker for examination fees or | 24 |
| the presurgical immunizations.
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| Section 35. Rulemaking. The Director shall adopt rules | 26 |
| relative to:
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| (1) Other immunizations covered.
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| (2) Format and content of all forms required under this | 29 |
| Act.
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| (3) Proof of eligibility.
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| (4) Administration of the Fund.
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| (5) Any other matter necessary for the administration | 33 |
| of this Act.
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| Section 40. Enforcement; administrative fine. Any person | 2 |
| who knowingly falsifies proof of eligibility for or | 3 |
| participation in any program under this Act, knowingly | 4 |
| furnishes any licensed veterinarian with inaccurate | 5 |
| information concerning the ownership of a dog or cat submitted | 6 |
| for a sterilization procedure, or violates any provision of | 7 |
| this Act may be subject to an administrative fine not to exceed | 8 |
| $500 for each violation.
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| Section 45. Pet Population Control Fund.
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| (a) The Pet Population Control Fund is established as a | 11 |
| special fund in the State treasury. The moneys generated from | 12 |
| the fees collected under subsection (b) of this Section, from | 13 |
| Section 507EE of the Illinois Income Tax Act, and from | 14 |
| voluntary contributions must be kept in the Fund and shall be | 15 |
| used only to sterilize and vaccinate dogs and cats in this | 16 |
| State pursuant to the program, to promote the sterilization | 17 |
| program, to educate the public about the importance of spaying | 18 |
| and neutering, for grants to counties and municipalities under | 19 |
| the local grant program established under this Section, and for | 20 |
| reasonable administrative and personnel costs related to the | 21 |
| Fund. Ten percent of the Fund shall be set aside and allocated | 22 |
| each year to the University of Illinois Veterinary School Urban | 23 |
| Practice Project of the Anthrozoologic Initiative to spay, | 24 |
| neuter, and vaccinate animals in underserved areas of Illinois.
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| Twenty percent of the Fund shall be set aside for a local grant | 26 |
| program administered by the Department under the rules | 27 |
| established by the Department, through which counties and | 28 |
| municipalities that offer spaying and neutering services shall | 29 |
| receive reimbursement for a portion of their expenses in | 30 |
| offering those services. | 31 |
| (b) Beginning January 1, 2006, each time a rabies tag is | 32 |
| issued by a veterinarian or county, the collecting entity |
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| established by county ordinance shall collect a $3 public | 2 |
| safety fee on each vaccinated dog and cat required to be | 3 |
| registered under the Animal Control Act. The fees shall be | 4 |
| remitted for the Department for deposit in the Fund on a | 5 |
| quarterly basis. Feral cats are exempt from the requirement of | 6 |
| this subsection (b).
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| Section 905. The State Finance Act is amended by changing | 8 |
| Section 8h and by adding Section 5.640 as follows: | 9 |
| (30 ILCS 105/5.640 new) | 10 |
| Sec. 5.640. Pet Population Control Fund. | 11 |
| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 13 |
| (a) Except as provided in subsection (b), notwithstanding | 14 |
| any other
State law to the contrary, the Governor
may, through | 15 |
| June 30, 2007, from time to time direct the State Treasurer and | 16 |
| Comptroller to transfer
a specified sum from any fund held by | 17 |
| the State Treasurer to the General
Revenue Fund in order to | 18 |
| help defray the State's operating costs for the
fiscal year. | 19 |
| The total transfer under this Section from any fund in any
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| fiscal year shall not exceed the lesser of (i) 8% of the | 21 |
| revenues to be deposited
into the fund during that fiscal year | 22 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 23 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 24 |
| 2005 only, prior to calculating the July 1, 2004 final | 25 |
| balances, the Governor may calculate and direct the State | 26 |
| Treasurer with the Comptroller to transfer additional amounts | 27 |
| determined by applying the formula authorized in Public Act | 28 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 29 |
| be made from a fund under this Section that would have the
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| effect of reducing the available balance in the fund to an | 31 |
| amount less than
the amount remaining unexpended and unreserved |
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| from the total appropriation
from that fund estimated to be | 2 |
| expended for that fiscal year. This Section does not apply to | 3 |
| any
funds that are restricted by federal law to a specific use, | 4 |
| to any funds in
the Motor Fuel Tax Fund, the Hospital Provider | 5 |
| Fund, the Medicaid Provider Relief Fund, or the Reviewing Court | 6 |
| Alternative Dispute Resolution Fund, or to any
funds to which | 7 |
| subsection (f) of Section 20-40 of the Nursing and Advanced | 8 |
| Practice Nursing Act applies. No transfers may be made under | 9 |
| this Section from the Pet Population Control Fund. | 10 |
| Notwithstanding any
other provision of this Section, for fiscal | 11 |
| year 2004,
the total transfer under this Section from the Road | 12 |
| Fund or the State
Construction Account Fund shall not exceed | 13 |
| the lesser of (i) 5% of the revenues to be deposited
into the | 14 |
| fund during that fiscal year or (ii) 25% of the beginning | 15 |
| balance in the fund.
For fiscal year 2005 through fiscal year | 16 |
| 2007, no amounts may be transferred under this Section from the | 17 |
| Road Fund, the State Construction Account Fund, the Criminal | 18 |
| Justice Information Systems Trust Fund, the Wireless Service | 19 |
| Emergency Fund, or the Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the | 21 |
| Governor
may include receipts, transfers into the fund, and | 22 |
| other
resources anticipated to be available in the fund in that | 23 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 25 |
| amounts designated
under this Section as soon as may be | 26 |
| practicable after receiving the direction
to transfer from the | 27 |
| Governor.
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| (b) This Section does not apply to any fund established | 29 |
| under the Community Senior Services and Resources Act.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 31 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 32 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 33 |
| 1-15-05.)
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| Section 910. The Illinois Income Tax Act is amended by | 2 |
| adding Section 507EE as follows: | 3 |
| (35 ILCS 5/507EE new) | 4 |
| Sec. 507EE. Pet Population Control Fund checkoff. The | 5 |
| Department must print on its standard individual income tax | 6 |
| form a provision indicating that if the taxpayer wishes to | 7 |
| contribute to the Pet Population Control Fund, as established | 8 |
| in the Illinois Public Health and Safety Animal Population | 9 |
| Control Act, he or she may do so by stating the amount of the | 10 |
| contribution (not less than $1) on the return and that the | 11 |
| contribution will reduce the taxpayer's refund or increase the | 12 |
| amount of payment to accompany the return. Failure to remit any | 13 |
| amount of increased payment reduces the contribution | 14 |
| accordingly. This Section does not apply to any amended return. | 15 |
| The Department of Revenue shall determine annually the | 16 |
| total amount contributed to the Fund pursuant to this Section | 17 |
| and shall notify the State Comptroller and the State Treasurer | 18 |
| of the amount to be transferred to the Pet Population Control | 19 |
| Fund, and upon receipt of the notification the State | 20 |
| Comptroller shall transfer the amount.
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| Section 915. The Animal Control Act is amended by changing | 22 |
| Sections 2.04a, 2.05a, 2.11a, 2.11b, 2.16, 2.19a, 3, 5, 8, 9, | 23 |
| 10, 11, 13, 15, 15.1, and 26 and by adding Sections 30 and 35 as | 24 |
| follows:
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| (510 ILCS 5/2.04a)
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| Sec. 2.04a. "Cat" means Felis catus
all members of the | 27 |
| family Felidae . | 28 |
| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/2.05a)
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| Sec. 2.05a. "Dangerous dog" means any individual dog |
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| anywhere other than upon the property of the owner or custodian | 2 |
| of the dog and
when unmuzzled,
unleashed, or unattended by its | 3 |
| owner or custodian
that behaves in a manner that a reasonable | 4 |
| person would believe poses
a serious and unjustified imminent | 5 |
| threat of serious physical injury or
death to a person or a | 6 |
| companion animal in a public place .
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/2.11a)
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| Sec. 2.11a. "Enclosure" means a fence or structure of at
| 10 |
| least 6 feet in height, forming or causing an enclosure | 11 |
| suitable to
prevent the entry of young children, and suitable | 12 |
| to confine a vicious
dog in conjunction with other measures | 13 |
| that may be taken by the owner
or keeper, such as tethering of | 14 |
| the vicious dog within the enclosure.
The enclosure shall be | 15 |
| securely enclosed and locked and designed with
secure sides, | 16 |
| top, and bottom and shall be designed to prevent the
animal | 17 |
| from escaping from the enclosure. If the enclosure is a room | 18 |
| within a
residence, it cannot have direct ingress from or | 19 |
| egress to the outdoors unless it leads directly to an enclosed | 20 |
| pen and the door must be locked. A vicious dog
may be allowed | 21 |
| to move about freely within the entire residence if it is
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| muzzled at all
times.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/2.11b)
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| Sec. 2.11b. "Feral cat" means a cat that (i) is born in the | 26 |
| wild or is the
offspring
of
an owned
or feral cat and is not | 27 |
| socialized, or (ii) is a formerly owned cat that has
been | 28 |
| abandoned
and is no longer socialized , or (iii) lives on a | 29 |
| farm.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/2.16) (from Ch. 8, par. 352.16)
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| Sec. 2.16. "Owner" means any person having a right of | 2 |
| property in an
animal, or who keeps or harbors an animal, or | 3 |
| who has it
in his
care, or acts as its custodian , or who | 4 |
| knowingly permits a dog to remain on any premises occupied by | 5 |
| him or her. "Owner" does not include a feral cat caretaker | 6 |
| participating in a trap, spay/neuter, return program .
| 7 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 8 |
| (510 ILCS 5/2.19a)
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| Sec. 2.19a. "Serious physical injury" means a physical | 10 |
| injury that
creates a substantial risk of death or that causes | 11 |
| death, serious or
protracted disfigurement, protracted
| 12 |
| impairment of health,
impairment of the function of any bodily | 13 |
| organ, or plastic surgery.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/3) (from Ch. 8, par. 353)
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| Sec. 3. The County Board Chairman
with the consent of the | 17 |
| County Board
shall appoint an Administrator. Appointments | 18 |
| shall be made as
necessary to keep this position filled at all | 19 |
| times. The Administrator
may appoint as many Deputy | 20 |
| Administrators and Animal Control Wardens to
aid him or her as | 21 |
| authorized by the Board. The compensation for the
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| Administrator, Deputy Administrators, and Animal Control | 23 |
| Wardens shall
be fixed by the Board. The Administrator may be | 24 |
| removed from office by
the County Board Chairman, with the | 25 |
| consent of the County Board.
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| The Board shall provide necessary personnel, training, | 27 |
| equipment,
supplies, and
facilities, and shall operate pounds | 28 |
| or contract for their operation as
necessary to effectuate the | 29 |
| program. The Board may enter into contracts
or agreements with | 30 |
| persons to assist in the operation of the program.
| 31 |
| The Board shall be empowered to utilize monies from their | 32 |
| General
Corporate Fund to effectuate the intent of this Act.
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| The Board is authorized by ordinance to require the | 2 |
| registration and
may require microchipping of
dogs and cats .
| 3 |
| and
The Board shall
impose an individual dog or cat
animal and | 4 |
| litter registration fee to be deposited in a county animal | 5 |
| control fund. In addition to the rabies registration fee, | 6 |
| pursuant to the Illinois Public Health and Safety Animal | 7 |
| Population Control Act, a $3 public safety fee on each dog or | 8 |
| cat shall be collected and forwarded quarterly to the | 9 |
| Department of Public Health for deposit in the Pet Population | 10 |
| Control Fund . All persons
selling dogs or cats or keeping | 11 |
| registries of dogs or cats shall
cooperate and
provide
| 12 |
| information
to the Administrator as required by Board | 13 |
| ordinance, including sales,
number of litters, and
ownership
of | 14 |
| dogs and cats. If microchips are required, the microchip number | 15 |
| may
shall
serve as the county animal
control registration | 16 |
| number. All
microchips shall have an operating frequency of 125 | 17 |
| kilohertz.
| 18 |
| In obtaining information required to implement this Act, | 19 |
| the Department
shall have power to subpoena and bring before it | 20 |
| any person in this State
and to take testimony either orally or | 21 |
| by deposition, or both, with the
same fees and mileage and in | 22 |
| the same manner as prescribed by law for civil
cases in courts | 23 |
| of this State.
| 24 |
| The Director shall have power to
administer
oaths to | 25 |
| witnesses at any hearing which the Department is authorized by
| 26 |
| law to conduct, and any other oaths required or authorized in | 27 |
| any Act
administered
by the Department.
| 28 |
| This Section does not apply to farm dogs or feral cats. As | 29 |
| used in this Section, "farm dog" means a dog that resides on | 30 |
| property of a farming business.
| 31 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 32 |
| (510 ILCS 5/5) (from Ch. 8, par. 355)
| 33 |
| Sec. 5. Duties and powers.
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| (a) It shall be the duty of the Administrator or the Deputy
| 2 |
| Administrator, through sterilization,
humane education, rabies
| 3 |
| inoculation, stray control, impoundment, quarantine, and any | 4 |
| other means deemed
necessary, to control and prevent the spread | 5 |
| of rabies and
to exercise dog and cat overpopulation control. | 6 |
| It
shall
also be the duty of the Administrator to investigate | 7 |
| and substantiate all
claims made under Section 19 of this Act.
| 8 |
| (b) Counties may by ordinance determine the extent of the | 9 |
| police powers
that may be exercised by the Administrator, | 10 |
| Deputy Administrators, and Animal
Control Wardens, which
| 11 |
| powers shall pertain only to this Act. The Administrator, | 12 |
| Deputy
Administrators, and Animal Control Wardens may issue and | 13 |
| serve citations and
orders for violations of
this Act. The
| 14 |
| Administrator, Deputy Administrators, and Animal Control | 15 |
| Wardens may not
carry weapons unless they have been
| 16 |
| specifically authorized to carry weapons by county ordinance. | 17 |
| Animal Control
Wardens, however, may use tranquilizer guns and | 18 |
| other nonlethal weapons and
equipment without specific
weapons | 19 |
| authorization.
| 20 |
| A person authorized to carry firearms by county ordinance | 21 |
| under this
subsection must have completed the training course | 22 |
| for peace officers
prescribed in the Peace Officer Firearm | 23 |
| Training Act. The cost of this
training
shall be paid by the | 24 |
| county.
| 25 |
| (c) The sheriff and all sheriff's deputies and municipal
| 26 |
| police officers shall cooperate with the Administrator and his | 27 |
| or her
representatives in carrying out the
provisions of this | 28 |
| Act.
| 29 |
| (d) The Administrator and animal control wardens shall aid | 30 |
| in the enforcement of the Humane Care for Animals Act and have | 31 |
| the ability to impound animals and apply for security posting | 32 |
| for violation of that Act.
| 33 |
| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/8) (from Ch. 8, par. 358)
| 2 |
| Sec. 8. Every owner of a dog or cat 4 months or more of age | 3 |
| shall have each dog and cat
inoculated against rabies
by a | 4 |
| licensed veterinarian. Every dog and cat shall
have a second | 5 |
| rabies vaccination within one year of the first. Terms of
| 6 |
| subsequent
vaccine administration and duration of immunity | 7 |
| must be in compliance with USDA
licenses of vaccines used. | 8 |
| Evidence of such rabies
inoculation shall be entered on a | 9 |
| certificate the form of which shall be
approved by the Board | 10 |
| and which shall contain the microchip number of the animal if | 11 |
| it has one and which shall be signed by the licensed
| 12 |
| veterinarian administering the vaccine. Veterinarians who | 13 |
| inoculate a dog or cat
shall procure from the County Animal
| 14 |
| Control in the county where their office is located serially
| 15 |
| numbered tags, one to be issued with each inoculation | 16 |
| certificate. Only one dog or cat
shall be included on each | 17 |
| certificate. The veterinarian immunizing or
microchipping an | 18 |
| animal
shall
provide the
Administrator of the county in which | 19 |
| the animal resides with a certificate of immunization and | 20 |
| microchip number. The
Board shall cause a rabies
inoculation | 21 |
| tag to be issued, at a fee established by the Board
for each
| 22 |
| dog and cat inoculated against rabies. A $3 public safety fee | 23 |
| shall also be collected to be deposited in the Pet Population | 24 |
| Control Fund pursuant to the Illinois Public Health and Safety | 25 |
| Animal Population Control Act.
| 26 |
| Rabies vaccine for use on animals shall be sold or | 27 |
| distributed only to
and used only by licensed veterinarians. | 28 |
| Such rabies vaccine shall be
licensed by the United States | 29 |
| Department of Agriculture.
| 30 |
| This Section does not apply to feral cats.
| 31 |
| If a licensed veterinarian determines in writing that a | 32 |
| rabies inoculation would compromise a dog's or cat's health, | 33 |
| then the animal shall be exempt from the rabies shot | 34 |
| requirement, but the owner must still be responsible for the |
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09400SB2078sam002 |
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LRB094 11492 JAM 43536 a |
|
| 1 |
| fees.
| 2 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 3 |
| (510 ILCS 5/9) (from Ch. 8, par. 359)
| 4 |
| Sec. 9. Any dog found running at large contrary to | 5 |
| provisions of this Act
may
be apprehended and impounded. For | 6 |
| this purpose, the Administrator shall
utilize any existing or | 7 |
| available animal control facility or licensed animal shelter .
| 8 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 9 |
| (510 ILCS 5/10) (from Ch. 8, par. 360)
| 10 |
| Sec. 10. Impoundment; redemption.
When dogs or cats are | 11 |
| apprehended and impounded by the Administrator ,
they must be | 12 |
| scanned for the presence of a microchip. The
Administrator | 13 |
| shall make every reasonable attempt to contact the owner as | 14 |
| defined by Section 2.16 as soon
as possible. The Administrator | 15 |
| shall give notice of not less than 7 business
days to the owner | 16 |
| prior to disposal of the animal. Such notice shall be mailed
to | 17 |
| the last known address of the owner. Testimony of the | 18 |
| Administrator, or his
or her authorized agent, who mails such | 19 |
| notice shall be evidence of the receipt
of such notice by the | 20 |
| owner of the animal.
| 21 |
| In case the owner of any impounded dog or cat desires to | 22 |
| make redemption
thereof, he or she may do so by doing
on the | 23 |
| following conditions :
| 24 |
| a. Presenting
present proof of current rabies | 25 |
| inoculation ,
and registration, if applicable . , or
| 26 |
| b. Paying
pay for the rabies inoculation of the dog or | 27 |
| cat ,
and registration, if applicable . , and
| 28 |
| c. Paying
pay the pound for the board of the dog or cat | 29 |
| for
the period it was impounded . ,
| 30 |
| d. Paying
pay into the Animal Control Fund an | 31 |
| additional
impoundment fee as prescribed by the Board as a | 32 |
| penalty for the
first offense and for each subsequent |
|
|
|
09400SB2078sam002 |
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LRB094 11492 JAM 43536 a |
|
| 1 |
| offense .
; and
| 2 |
| e. Paying
pay for microchipping and registration if not | 3 |
| already
done.
| 4 |
| Animal control facilities that are open to the public 7 | 5 |
| days per week for
animal reclamation are exempt from the | 6 |
| business day requirement.
| 7 |
| The payments required for redemption under this Section
| 8 |
| shall be in
addition to any other penalties invoked under this | 9 |
| Act.
| 10 |
| (Source: P.A. 93-548, eff. 8-19-03; revised 10-9-03.)
| 11 |
| (510 ILCS 5/11) (from Ch. 8, par. 361)
| 12 |
| Sec. 11. When not redeemed by the owner, agent, or | 13 |
| caretaker, a dog or cat must be scanned for a microchip. If a | 14 |
| microchip is present, the registered owner must be notified. | 15 |
| After contact has been made or attempted, dogs or cats deemed | 16 |
| adoptable by the animal control facility shall be offered for | 17 |
| adoption, or made available to a licensed humane society or | 18 |
| rescue group. If no placement is available, it
that has been
| 19 |
| impounded shall be
humanely dispatched pursuant to the Humane | 20 |
| Euthanasia in Animal Shelters
Act or offered for
adoption . An | 21 |
| animal pound
or animal shelter shall not release any dog or cat | 22 |
| when not redeemed by
the owner unless the animal has been | 23 |
| surgically rendered incapable of
reproduction
by spaying or | 24 |
| neutering and microchipped, or the person wishing to adopt
an | 25 |
| animal prior
to the surgical procedures having been performed | 26 |
| shall have executed a written
agreement promising to have such | 27 |
| service performed, including
microchipping, within
a specified | 28 |
| period
of time not to exceed 30 days. Failure to fulfill the | 29 |
| terms of the
agreement shall result in
seizure and impoundment | 30 |
| of the animal and any offspring by the animal pound or shelter, | 31 |
| and
any monies which have been deposited shall be forfeited and | 32 |
| submitted to the Pet Population Control Fund on a yearly basis . | 33 |
| This Act shall not
prevent humane societies from engaging in |
|
|
|
09400SB2078sam002 |
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LRB094 11492 JAM 43536 a |
|
| 1 |
| activities set forth by their
charters; provided, they are not | 2 |
| inconsistent with provisions of this Act
and other existing | 3 |
| laws. No animal shelter or animal control facility shall
| 4 |
| release dogs or cats to an individual representing a rescue | 5 |
| group , unless the
group has been licensed or has a foster care | 6 |
| permit issued by the Illinois Department of Agriculture or
is a | 7 |
| representative of
incorporated as a not-for-profit | 8 |
| out-of-state organization. The Department may suspend or
| 9 |
| revoke the license of
any animal shelter or animal control | 10 |
| facility that fails to comply with the
requirements set forth | 11 |
| in this Section or that fails to report its intake and | 12 |
| euthanasia statistics each year .
| 13 |
| (Source: P.A. 92-449, eff. 1-1-02; 93-548, eff. 8-19-03.)
| 14 |
| (510 ILCS 5/13) (from Ch. 8, par. 363)
| 15 |
| Sec. 13. Dog or other animal bites; observation of animal.
| 16 |
| (a) Except as otherwise provided in subsection (b) of this | 17 |
| Section, when
the Administrator or, if the Administrator is not | 18 |
| a veterinarian, the Deputy
Administrator receives information | 19 |
| that any person has been
bitten by an animal, the Administrator | 20 |
| or, if the
Administrator is not a veterinarian, the Deputy | 21 |
| Administrator, or his or
her authorized
representative, shall | 22 |
| have such dog or other animal confined
under the
observation of | 23 |
| a licensed veterinarian for a period of 10 days. The
Department | 24 |
| may permit such confinement to be reduced to a
period of less | 25 |
| than 10 days. A veterinarian shall report the
clinical
| 26 |
| condition of the animal immediately, with confirmation in
| 27 |
| writing to the Administrator or, if the Administrator is not a | 28 |
| veterinarian,
the
Deputy Administrator within 24 hours after | 29 |
| the animal
is presented for examination, giving the owner's | 30 |
| name, address, the date of
confinement, the breed, description, | 31 |
| age, and sex of the
animal, and whether the animal has been | 32 |
| spayed ,
or neutered, or chemically sterilized on appropriate
| 33 |
| forms approved by the Department. The Administrator or, if the |
|
|
|
09400SB2078sam002 |
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LRB094 11492 JAM 43536 a |
|
| 1 |
| Administrator
is not
a veterinarian, the Deputy Administrator | 2 |
| shall notify the attending physician
or responsible health | 3 |
| agency. At the
end of the confinement period, the veterinarian | 4 |
| shall submit a written
report to the Administrator or, if the | 5 |
| Administrator is not a veterinarian,
the Deputy
Administrator | 6 |
| advising him or her of the final disposition of
the animal on | 7 |
| appropriate forms approved by the Department. When
evidence is | 8 |
| presented that the animal was inoculated
against
rabies within | 9 |
| the time prescribed by law, it shall be confined in
a house, or | 10 |
| in a manner which will prohibit it from biting any person
for a | 11 |
| period of 10 days, if a licensed veterinarian adjudges such | 12 |
| confinement satisfactory. The Department may permit such | 13 |
| confinement to be reduced to a period of less
than 10 days. At | 14 |
| the end of the confinement period, the
animal shall be examined | 15 |
| by a licensed
veterinarian.
| 16 |
| Any person having knowledge that any person has been
bitten | 17 |
| by an animal shall
notify the
Administrator or, if the | 18 |
| Administrator is not a veterinarian, the Deputy
Administrator
| 19 |
| promptly. It is unlawful for the owner of the animal
to
| 20 |
| euthanize, sell, give away, or otherwise dispose of any
animal | 21 |
| known to have bitten a person, until it is released by the
| 22 |
| Administrator or, if the Administrator is not a veterinarian, | 23 |
| the Deputy
Administrator, or his or her authorized | 24 |
| representative. It is unlawful
for
the
owner of the animal to | 25 |
| refuse or fail to comply with
the
reasonable written or printed | 26 |
| instructions made by the Administrator or,
if
the Administrator | 27 |
| is not a veterinarian, the Deputy Administrator, or
his
| 28 |
| authorized representative. If such instructions cannot be | 29 |
| delivered in
person, they shall be mailed to the owner of the
| 30 |
| animal by
regular mail. Any expense incurred in the
handling of | 31 |
| an animal under this Section and Section
12 shall
be borne by | 32 |
| the owner.
| 33 |
| (b) When a person has been bitten by a police dog that is | 34 |
| currently vaccinated against rabies ,
the police dog may |
|
|
|
09400SB2078sam002 |
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LRB094 11492 JAM 43536 a |
|
| 1 |
| continue to perform
its duties for the peace officer or law | 2 |
| enforcement agency and any period
of
observation of the police | 3 |
| dog may be under the
supervision of a peace officer.
The | 4 |
| supervision shall consist of the dog being locked in a kennel,
| 5 |
| performing its official duties in a police vehicle, or | 6 |
| remaining under the
constant supervision of its police handler.
| 7 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 8 |
| (510 ILCS 5/15) (from Ch. 8, par. 365)
| 9 |
| Sec. 15. (a) In order to have a dog deemed "vicious", the | 10 |
| Administrator,
Deputy
Administrator,
animal control warden, or | 11 |
| law enforcement officer must give notice of the
infraction that
| 12 |
| is the basis of the investigation to the owner, conduct a | 13 |
| thorough
investigation, interview
any witnesses, including the | 14 |
| owner, gather any existing medical records,
veterinary
medical | 15 |
| records or behavioral evidence, and make a detailed report | 16 |
| recommending
a
finding that the dog is a vicious dog and give | 17 |
| the report to the States
Attorney's Office and the
owner. The | 18 |
| Administrator, State's Attorney, Director or any citizen of the
| 19 |
| county in
which the dog exists may file a complaint in the | 20 |
| circuit court in the name of
the People of the
State of
| 21 |
| Illinois to deem a dog to be a vicious dog. Testimony of a | 22 |
| certified applied
behaviorist, a
board certified veterinary | 23 |
| behaviorist, or another recognized expert may be
relevant to | 24 |
| the
court's determination of whether the dog's behavior was | 25 |
| justified. The
petitioner must
prove the dog is a vicious dog | 26 |
| by clear and convincing evidence. The
Administrator shall | 27 |
| determine where the animal shall be confined during the
| 28 |
| pendency of the case.
| 29 |
| A dog may
shall not be declared vicious if the court | 30 |
| determines the conduct of
the
dog was
justified because:
| 31 |
| (1) the threat, injury, or death was sustained by a | 32 |
| person who at the time
was
committing a crime or offense | 33 |
| upon the owner or custodian of the dog, or was committing a |
|
|
|
09400SB2078sam002 |
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LRB094 11492 JAM 43536 a |
|
| 1 |
| willful trespass or other tort upon the premises or | 2 |
| property owned or occupied by the owner of the animal
upon
| 3 |
| the
property of the owner or custodian of the dog ;
| 4 |
| (2) the injured, threatened, or killed person was | 5 |
| tormenting, abusing,
assaulting,
or physically threatening | 6 |
| the dog or its offspring, or has in the past
tormented,
| 7 |
| abused,
assaulted, or physically threatened the dog or its | 8 |
| offspring; or
| 9 |
| (3) the dog was responding to pain or injury, or was | 10 |
| protecting itself, its
owner,
custodian, or member of its | 11 |
| household, kennel, or offspring.
| 12 |
| No dog shall be deemed "vicious" if it is a professionally | 13 |
| trained dog for
law
enforcement or guard duties. Vicious dogs | 14 |
| shall not be classified
in a manner that is specific as to | 15 |
| breed.
| 16 |
| If the burden of proof has been met, the court shall deem | 17 |
| the dog to be a
vicious dog.
| 18 |
| If a dog is found to be a vicious dog, the dog shall be | 19 |
| spayed or
neutered within 10 days of the finding at the expense | 20 |
| of its
owner and microchipped, if not already, and is subject | 21 |
| to
enclosure. If an owner fails to comply with these | 22 |
| requirements, the animal control agency shall impound the dog | 23 |
| and the owner shall pay a $500 fine plus impoundment fees to | 24 |
| the animal control agency impounding the dog. The judge has the | 25 |
| discretion to order a vicious dog be euthanized. A dog found to | 26 |
| be a vicious dog shall not be released to the
owner until the | 27 |
| Administrator, an Animal Control Warden, or the
Director | 28 |
| approves the enclosure. No owner or
keeper of a vicious dog | 29 |
| shall sell or give away the dog without court
approval from the | 30 |
| Administrator or court . Whenever an owner of a vicious dog | 31 |
| relocates, he or she shall notify
both the
Administrator of
| 32 |
| County
Animal Control where he or she has relocated and the | 33 |
| Administrator of County
Animal Control where he or she formerly | 34 |
| resided.
|
|
|
|
09400SB2078sam002 |
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LRB094 11492 JAM 43536 a |
|
| 1 |
| (b) It shall be unlawful for any person to keep or maintain | 2 |
| any dog
which has been found to be a vicious dog unless the dog | 3 |
| is
kept in an enclosure. The only times that a vicious dog may | 4 |
| be allowed out
of the enclosure are (1) if it is necessary for | 5 |
| the owner or keeper to
obtain veterinary care for the dog, (2) | 6 |
| in the case of an emergency or
natural disaster where the
dog's | 7 |
| life is threatened, or (3) to comply with the order of a
court | 8 |
| of competent jurisdiction, provided that the dog is securely | 9 |
| muzzled
and restrained with a leash not
exceeding 6 feet in | 10 |
| length, and shall be under the direct control and
supervision | 11 |
| of the owner or keeper of the dog or muzzled in its residence.
| 12 |
| Any dog which has been found to be a vicious dog and which | 13 |
| is not
confined to an enclosure shall be impounded by the | 14 |
| Administrator, an Animal
Control Warden, or the law enforcement | 15 |
| authority having jurisdiction in
such area.
| 16 |
| If the owner of the dog has not appealed the impoundment | 17 |
| order to the
circuit court in the county in which the animal | 18 |
| was impounded within 15
working days, the dog may be | 19 |
| euthanized.
| 20 |
| Upon filing a notice of appeal, the order of euthanasia | 21 |
| shall be
automatically stayed pending the outcome of the | 22 |
| appeal. The owner shall bear
the burden of timely notification | 23 |
| to animal control in writing.
| 24 |
| Guide dogs for the blind or hearing impaired, support dogs | 25 |
| for the
physically handicapped, and sentry, guard, or
| 26 |
| police-owned dogs are
exempt from this Section; provided, an | 27 |
| attack or injury to a person
occurs while the dog is performing | 28 |
| duties as expected. To qualify for
exemption under this | 29 |
| Section, each such dog shall be currently
inoculated against | 30 |
| rabies in accordance with Section 8
of this Act. It shall be | 31 |
| the duty of the owner of such exempted dog to
notify the | 32 |
| Administrator of changes of address. In the case of a sentry or
| 33 |
| guard dog, the owner shall keep the Administrator advised of | 34 |
| the location
where such dog will be stationed. The |
|
|
|
09400SB2078sam002 |
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LRB094 11492 JAM 43536 a |
|
| 1 |
| Administrator shall provide police
and fire departments with a | 2 |
| categorized list of such exempted dogs, and
shall promptly | 3 |
| notify such departments of any address changes reported to him.
| 4 |
| (c) If the animal control agency has custody of the dog, | 5 |
| the agency may file a petition with the court requesting that | 6 |
| the owner be ordered to post security. The security must be in | 7 |
| an amount sufficient to secure payment of all reasonable | 8 |
| expenses expected to be incurred by the animal control agency | 9 |
| or animal shelter in caring for and providing for the dog | 10 |
| pending the determination. Reasonable expenses include, but | 11 |
| are not limited to, estimated medical care and boarding of the | 12 |
| animal for 30 days. If security has been posted in accordance | 13 |
| with this Section, the animal control agency may draw from the | 14 |
| security the actual costs incurred by the agency in caring for | 15 |
| the dog. | 16 |
| (d) Upon receipt of a petition, the court must set a | 17 |
| hearing on the petition, to be conducted within 5 business days | 18 |
| after the petition is filed. The petitioner must serve a true | 19 |
| copy of the petition upon the defendant. | 20 |
| (e) If the court orders the posting of security, the | 21 |
| security must be posted with the clerk of the court within 5 | 22 |
| business days after the hearing. If the person ordered to post | 23 |
| security does not do so, the dog is forfeited by operation of | 24 |
| law and the animal control agency must dispose of the animal | 25 |
| through adoption or humane euthanization.
| 26 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 27 |
| (510 ILCS 5/15.1)
| 28 |
| Sec. 15.1. Dangerous dog determination.
| 29 |
| (a) After a thorough investigation
including: sending, | 30 |
| within 10 business
3 days of the Administrator or Director | 31 |
| becoming
aware of the alleged infraction,
notifications to the | 32 |
| owner of the alleged infractions, the fact of the
initiation of | 33 |
| an investigation,
and
affording the owner an opportunity to |
|
|
|
09400SB2078sam002 |
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LRB094 11492 JAM 43536 a |
|
| 1 |
| meet with the Administrator or
Director prior to the making of | 2 |
| a determination;
gathering of
any medical or veterinary | 3 |
| evidence; interviewing witnesses; and making a
detailed
| 4 |
| written report, an animal control warden, deputy | 5 |
| administrator, or law
enforcement agent
may ask the | 6 |
| Administrator, or his or her designee, or the Director, to deem | 7 |
| a
dog to be
"dangerous". No dog shall be deemed a "dangerous | 8 |
| dog" unless shown to be a dangerous dog by a preponderance of | 9 |
| evidence
without clear and
convincing
evidence . The owner shall | 10 |
| be sent immediate notification of the determination
by | 11 |
| registered or certified mail that includes a complete | 12 |
| description of the
appeal
process.
| 13 |
| (b) A dog shall not be declared dangerous if the | 14 |
| Administrator,
or his or her designee, or the Director | 15 |
| determines the
conduct of the dog was justified because:
| 16 |
| (1) the threat was sustained by a person
who at the | 17 |
| time was committing a crime or offense upon the owner or
| 18 |
| custodian of the dog or was committing a willful trespass | 19 |
| or other tort upon the premises or property occupied by the | 20 |
| owner of the animal ;
| 21 |
| (2) the threatened person was
tormenting, abusing, | 22 |
| assaulting, or physically threatening the dog or
its | 23 |
| offspring;
| 24 |
| (3) the injured, threatened, or killed companion | 25 |
| animal
was attacking or threatening to attack the dog or | 26 |
| its offspring; or
| 27 |
| (4) the dog was responding to pain or injury or was
| 28 |
| protecting itself, its owner, custodian, or a member of its | 29 |
| household,
kennel, or offspring.
| 30 |
| (c) Testimony of a certified applied behaviorist, a board | 31 |
| certified
veterinary behaviorist, or another recognized expert | 32 |
| may be relevant to
the determination of whether the dog's | 33 |
| behavior was
justified pursuant to the provisions of this | 34 |
| Section.
|
|
|
|
09400SB2078sam002 |
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LRB094 11492 JAM 43536 a |
|
| 1 |
| (d) If deemed dangerous, the Administrator, or his or her | 2 |
| designee, or the
Director shall order the dog to be spayed or | 3 |
| neutered within
14
days
at the
owner's expense and | 4 |
| microchipped, if not already, and one or more of the
following
| 5 |
| as deemed appropriate under
the
circumstances and necessary for | 6 |
| the protection of the public:
| 7 |
| (1) evaluation of the dog by a certified applied | 8 |
| behaviorist, a
board certified veterinary behaviorist, or | 9 |
| another recognized expert in
the field and completion of | 10 |
| training or other treatment as deemed
appropriate by the | 11 |
| expert. The owner of the dog shall be responsible
for all | 12 |
| costs associated with evaluations and training ordered | 13 |
| under
this subsection; or
| 14 |
| (2) direct supervision by an adult 18 years of age or | 15 |
| older
whenever the animal is on public premises.
| 16 |
| (e) The Administrator may order a dangerous dog to be | 17 |
| muzzled
whenever it is on public premises in a manner that
will | 18 |
| prevent
it from biting any person or animal, but that shall not | 19 |
| injure the dog or
interfere with its
vision or respiration.
| 20 |
| (f) Guide dogs for the blind or hearing impaired, support | 21 |
| dogs for the
physically handicapped, and sentry, guard, or
| 22 |
| police-owned dogs are exempt from this Section; provided, an | 23 |
| attack or injury
to a person occurs while the dog is performing | 24 |
| duties as expected. To qualify
for exemption under this | 25 |
| Section, each such dog shall be currently inoculated
against | 26 |
| rabies in accordance with Section 8 of this Act and performing | 27 |
| duties
as expected. It shall be the duty
of the owner of the | 28 |
| exempted dog to notify the Administrator of changes of
address. | 29 |
| In the case of a sentry or guard dog, the owner shall keep the
| 30 |
| Administrator advised of the location where such dog will be | 31 |
| stationed. The
Administrator shall provide police and fire | 32 |
| departments with a categorized list
of the exempted dogs, and | 33 |
| shall promptly notify the departments of any
address changes | 34 |
| reported to him or her.
|
|
|
|
09400SB2078sam002 |
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LRB094 11492 JAM 43536 a |
|
| 1 |
| (g) An animal control agency has the right to impound a | 2 |
| dangerous dog if the owner fails to comply with the | 3 |
| microchipping or sterilization requirements.
| 4 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 5 |
| (510 ILCS 5/26) (from Ch. 8, par. 376)
| 6 |
| Sec. 26. (a) Any person violating or aiding in or abetting | 7 |
| the violation
of any provision of this Act, or counterfeiting | 8 |
| or forging any certificate,
permit, or tag, or making any | 9 |
| misrepresentation in regard to any matter
prescribed by this | 10 |
| Act, or resisting, obstructing, or impeding the
Administrator | 11 |
| or any authorized officer in enforcing this Act, or refusing
to | 12 |
| produce for inoculation any dog in his possession, or who | 13 |
| removes a tag from
a dog for purposes of
destroying or | 14 |
| concealing its identity, is guilty of a Class C misdemeanor for | 15 |
| a
first offense and for a subsequent offense, is guilty of a | 16 |
| Class B
misdemeanor.
| 17 |
| Each day a person fails to comply constitutes a separate | 18 |
| offense. Each
State's Attorney to whom the Administrator | 19 |
| reports any violation of this
Act shall cause appropriate | 20 |
| proceedings to be instituted in the proper
courts without delay | 21 |
| and to be prosecuted in the manner provided by law.
| 22 |
| (b) If the owner of a vicious dog subject to enclosure:
| 23 |
| (1) fails to maintain or keep the dog in an enclosure | 24 |
| or fails to spay
or neuter the dog within the time period | 25 |
| prescribed ; and
| 26 |
| (2) the dog inflicts serious physical injury upon any | 27 |
| other person or causes the death of
another person; and
| 28 |
| (3) the attack is unprovoked in a place where such | 29 |
| person is peaceably
conducting himself or herself and where | 30 |
| such person may lawfully be;
| 31 |
| the owner shall
be guilty of a Class 4 felony, unless the owner | 32 |
| knowingly
allowed the
dog to run at large or failed to take | 33 |
| steps to keep the dog in an enclosure
then the owner shall be |
|
|
|
09400SB2078sam002 |
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LRB094 11492 JAM 43536 a |
|
| 1 |
| guilty of a Class 3 felony. The penalty
provided in
this | 2 |
| paragraph shall be in addition to any other criminal or civil | 3 |
| sanction
provided by law.
| 4 |
| (c) If the owner of a dangerous dog knowingly fails to | 5 |
| comply with any
order of the court
regarding the dog and the | 6 |
| dog inflicts serious physical
injury on a person or a companion | 7 |
| animal, the owner shall be guilty of a Class
A misdemeanor. If | 8 |
| the
owner of a dangerous dog knowingly fails to comply with any | 9 |
| order regarding the
dog and
the dog kills a person the owner | 10 |
| shall be guilty of a Class 4 felony.
| 11 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 12 |
| (510 ILCS 5/30 new) | 13 |
| Sec. 30. Rules. The Department shall administer this Act | 14 |
| and shall promulgate rules necessary to effectuate the purposes | 15 |
| of this Act. The Director may, in formulating rules pursuant to | 16 |
| this Act, seek the advice and recommendations of humane | 17 |
| societies and societies for the protection of animals. | 18 |
| (510 ILCS 5/35 new)
| 19 |
| Sec. 35. Liability. | 20 |
| (a) Any municipality or political subdivision allowing | 21 |
| feral cat colonies and trap, sterilize, and return programs to | 22 |
| help control cat overpopulation shall be immune from criminal | 23 |
| liability and shall not be civilly liable, except for willful | 24 |
| and wanton misconduct, for damages that may result from a feral | 25 |
| cat. Any municipality or political subdivision allowing dog | 26 |
| parks shall be immune from criminal liability and shall not be | 27 |
| civilly liable, except for willful and wanton misconduct, for | 28 |
| damages that may result from occurrences in the dog park. | 29 |
| (b) Any veterinarian or animal shelter who in good faith | 30 |
| contacts the registered owner of a microchipped animal shall be | 31 |
| immune from criminal liability and shall not, as a result of | 32 |
| his or her acts or omissions, except for willful and wanton |
|
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09400SB2078sam002 |
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LRB094 11492 JAM 43536 a |
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| 1 |
| misconduct, be liable for civil damages. | 2 |
| (c) Any veterinarian who sterilizes feral cats and any | 3 |
| feral cat caretaker who traps cats for a trap, sterilize, and | 4 |
| return program shall be immune from criminal liability and | 5 |
| shall not, as a result of his or her acts or omissions, except | 6 |
| for willful and wanton misconduct, be liable for civil damages. | 7 |
| (d) Any animal shelter worker who microchips an animal | 8 |
| shall be immune from criminal liability and shall not, as a | 9 |
| result of his or her acts or omissions, except for willful and | 10 |
| wanton misconduct, be liable for civil damages. | 11 |
| Section 995. The State Mandates Act is amended by adding | 12 |
| Section 8.29 as
follows:
| 13 |
| (30 ILCS 805/8.29 new)
| 14 |
| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 15 |
| of this
Act, no reimbursement by the State is required for the | 16 |
| implementation of
any mandate created by this amendatory Act of | 17 |
| the 94th General Assembly.
| 18 |
| Section 999. Effective date. This Act takes effect upon | 19 |
| becoming law.".
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|