Full Text of SB0038 96th General Assembly
SB0038enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning animals.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Humane Care for Animals Act is amended by | 5 |
| changing Sections 3.02 and 8 and by adding Section 3.09 as | 6 |
| follows:
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| (510 ILCS 70/3.02)
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| Sec. 3.02. Aggravated cruelty. | 9 |
| (a) No person may intentionally
commit an act that causes a | 10 |
| companion animal to suffer serious injury or
death. Aggravated | 11 |
| cruelty does not include euthanasia of a companion animal
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| through recognized methods approved by the Department of | 13 |
| Agriculture unless prohibited under subsection (b) .
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| (b) No individual, except a licensed veterinarian as | 15 |
| exempted under Section 3.09, may knowingly or intentionally | 16 |
| euthanize or authorize the euthanasia of a companion animal by | 17 |
| use of carbon monoxide. | 18 |
| (c) A person convicted of violating Section 3.02 is guilty | 19 |
| of a Class 4
felony. A second or subsequent violation is a | 20 |
| Class 3 felony. In addition to
any other penalty provided by | 21 |
| law, upon conviction for violating this Section,
the court may | 22 |
| order the convicted person to undergo a psychological or
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| psychiatric evaluation and to undergo any treatment at the |
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| convicted person's
expense that the court determines to be | 2 |
| appropriate after due consideration of
the evaluation. If the | 3 |
| convicted person is a juvenile or a companion animal
hoarder, | 4 |
| the court must order the convicted person to undergo a | 5 |
| psychological
or psychiatric evaluation and to undergo | 6 |
| treatment that the court determines to
be appropriate after due | 7 |
| consideration of the evaluation.
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| (Source: P.A. 92-650, eff. 7-11-02.)
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| (510 ILCS 70/3.09 new)
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| Sec. 3.09. Carbon monoxide euthanasia by a licensed | 11 |
| veterinarian. A licensed veterinarian may euthanize a | 12 |
| companion animal in a commercially manufactured chamber by use | 13 |
| of compressed carbon monoxide. The veterinarian must be | 14 |
| physically present during the euthanasia process until death is | 15 |
| confirmed. The veterinarian must take all of the following | 16 |
| steps when using a gas chamber: | 17 |
| (1) Render a written opinion for each companion animal | 18 |
| including: | 19 |
| (A) a description of the animal including species, | 20 |
| color, age, sex, and microchip number if present; and | 21 |
| (B) a signed and dated statement that the use of | 22 |
| compressed carbon monoxide is the most humane method of | 23 |
| euthanasia for this companion animal. | 24 |
| (2) Use a commercially manufactured chamber pursuant | 25 |
| to the guidelines set forth in the most recent report of |
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| the AVMA Panel on Euthanasia. The interior of the chamber | 2 |
| must be well lit and equipped with view-ports, a regulator, | 3 |
| and a flow meter. Monitoring equipment must be used at all | 4 |
| times during the operation. Animals that are under 4 months | 5 |
| of age, old, injured, or sick may not be euthanized by | 6 |
| carbon monoxide. Animals shall remain in the chamber and be | 7 |
| exposed for a minimum of 20 minutes. Staff members shall be | 8 |
| fully notified of potential health risks. | 9 |
| (3) Only one companion animal may be euthanized at a | 10 |
| time.
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| (510 ILCS 70/8) (from Ch. 8, par. 708)
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| Sec. 8. Rulemaking.
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| The Department shall administer this Act and shall | 14 |
| promulgate such rules
and regulations as are necessary to | 15 |
| effectuate the purposes of this Act.
Such rules and regulations | 16 |
| are subject to the approval of the Advisory
Board of Livestock | 17 |
| Commissioners. No later than 6 months after the effective date | 18 |
| of this amendatory Act of the 96th General Assembly, the | 19 |
| Department shall adopt rules defining the "recognized methods | 20 |
| for the humane euthanasia of companion animals" referred to in | 21 |
| subsection (a) of Section 3.02 of this Act.
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| The Director may, in formulating rules and regulations | 23 |
| pursuant to this
Act, seek the advice and recommendations of | 24 |
| humane societies in this State.
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| (Source: P.A. 78-905.)
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| Section 10. The Humane Euthanasia in Animal Shelters Act is | 2 |
| amended by changing Sections 5, 10, 35, 57, 65, 90, and 165 as | 3 |
| follows:
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| (510 ILCS 72/5)
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| Sec. 5. Definitions.
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| The following terms have the meanings indicated, unless the | 7 |
| context
requires otherwise:
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| "Animal" means any bird, fish, reptile, or mammal other | 9 |
| than man.
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| "DEA" means the United States Department of Justice Drug | 11 |
| Enforcement
Administration.
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| "Department" means the Department of
Professional | 13 |
| Regulation.
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| "Director" means the Director of the Department of | 15 |
| Professional
Regulation.
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| "Euthanasia agency" means an entity certified by the | 17 |
| Department for the
purpose of animal euthanasia that holds an | 18 |
| animal control facility or animal
shelter license under the | 19 |
| Animal Welfare Act and that permits only euthanasia technicians | 20 |
| or veterinarians to perform the euthanasia of animals .
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| "Euthanasia drugs" means
Schedule II or Schedule III | 22 |
| substances (nonnarcotic controlled substances) as
set forth
in | 23 |
| the Illinois Controlled Substances Act that are used by a | 24 |
| euthanasia agency
for the purpose of animal euthanasia.
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| "Euthanasia technician" or "technician" means a person | 2 |
| employed by a
euthanasia
agency
or working under the direct | 3 |
| supervision of a
veterinarian
and who is certified by the | 4 |
| Department to administer euthanasia drugs to
euthanize | 5 |
| animals.
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| "Veterinarian" means a person holding the degree of Doctor | 7 |
| of Veterinary
Medicine who is licensed under the Veterinary | 8 |
| Medicine and Surgery
Practice
Act of 2004.
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| (Source: P.A. 92-449, eff. 1-1-02; 93-281, eff. 12-31-03.)
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| (510 ILCS 72/10)
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| Sec. 10. Certification requirement, exemptions.
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| (a) Except as otherwise provided in this Section, no person | 13 |
| shall euthanize
animals in an animal shelter or animal control
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| facility
without possessing a certificate issued by the | 15 |
| Department under this Act.
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| (b) Nothing in this Act shall be construed as preventing a | 17 |
| licensed
veterinarian or an
instructor during an approved | 18 |
| course from humanely euthanizing animals in
animal shelters or | 19 |
| animal control facilities.
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| (c) Nothing in this Act prevents a veterinarian who is | 21 |
| employed by the
Department of Agriculture, or any other person | 22 |
| who is employed by the
Department of Agriculture and acting | 23 |
| under the supervision of such a
veterinarian, from humanely | 24 |
| euthanizing animals in the course of that
employment. | 25 |
| (d) Instructors or licensed veterinarians teaching humane |
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| euthanasia technicians are exempt from the certification | 2 |
| process as long as they are currently licensed by another state | 3 |
| as a euthanasia technician or as a veterinarian.
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| (Source: P.A. 92-449, eff. 1-1-02.)
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| (510 ILCS 72/35)
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| Sec. 35. Technician certification; duties.
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| (a) An applicant for certification as a euthanasia | 8 |
| technician shall file an
application with the Department and | 9 |
| shall:
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| (1) Be 18 years of age.
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| (2) Be of good moral character. In determining moral | 12 |
| character under this
Section, the Department may take into | 13 |
| consideration whether the applicant has
engaged in conduct | 14 |
| or activities that would constitute grounds for discipline
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| under this Act.
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| (3) Each applicant for certification as a euthanasia | 17 |
| technician shall
have his or her fingerprints submitted to | 18 |
| the Department of State Police in an
electronic format that | 19 |
| complies with the form and manner for requesting and
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| furnishing criminal history record information as | 21 |
| prescribed by the Department
of State Police. These | 22 |
| fingerprints shall be checked against the Department of
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| State Police and Federal Bureau of Investigation criminal | 24 |
| history record
databases now and hereafter filed. The | 25 |
| Department of State Police shall charge
applicants a fee |
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| for conducting the criminal history records check, which | 2 |
| shall
be deposited in the State Police Services Fund and | 3 |
| shall not exceed the actual
cost of the records check. The | 4 |
| Department of State Police shall furnish,
pursuant to | 5 |
| positive identification, records of Illinois convictions | 6 |
| to the
Department.
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| (4) Hold a license or certification from the American | 8 |
| Humane
Association, the National Animal Control | 9 |
| Association, the Illinois Federation
of Humane Societies, | 10 |
| or the Humane Society of the United States issued within
3 | 11 |
| years preceding the date of application.
Every 5 years a | 12 |
| certified euthanasia technician must renew his or her | 13 |
| certification with the Department. At the time of renewal, | 14 |
| the technician must present proof that he or she attended a | 15 |
| class or seminar, administered by the American Humane | 16 |
| Association, the National Animal Control Association, the | 17 |
| Illinois Federation of Humane Societies, or the Humane | 18 |
| Society of the United States, that teaches techniques or | 19 |
| guidelines, or both, for humane animal euthanasia.
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| For a period of 12 months after the adoption of final | 21 |
| administrative rules
for this Act, the Department may issue | 22 |
| a certification to an applicant who
holds a license or | 23 |
| certification from the American Humane Association, the
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| National Animal Control Association, the Illinois | 25 |
| Federation of Humane
Societies, or the Humane Society of | 26 |
| the United States issued after January 1,
1997.
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| (5) Pay the required fee.
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| (b) The duties of a euthanasia technician shall include but | 3 |
| are not limited
to:
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| (1) preparing animals for euthanasia and scanning each | 5 |
| animal, prior to
euthanasia, for microchips;
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| (2) accurately recording the dosages administered and | 7 |
| the amount of drugs
wasted;
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| (3) ordering supplies;
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| (4) maintaining the security of all controlled | 10 |
| substances and drugs;
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| (5) humanely euthanizing animals via intravenous | 12 |
| injection by hypodermic
needle, intraperitoneal injection | 13 |
| by hypodermic needle, solutions or
powder added to food or | 14 |
| by mouth, intracardiac injection only on comatose
animals | 15 |
| by hypodermic needle , or carbon monoxide in a commercially | 16 |
| manufactured
chamber ; and
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| (6) properly disposing of euthanized animals after | 18 |
| verification of death.
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| (c) A euthanasia technician employed by a euthanasia agency | 20 |
| may perform
euthanasia by the administration of a Schedule II
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| or Schedule III nonnarcotic controlled
substance. A euthanasia
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| technician may not personally possess, order, or administer a | 23 |
| controlled
substance except as an agent of the euthanasia | 24 |
| agency.
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| (d) Upon termination from a euthanasia agency, a euthanasia | 26 |
| technician shall
not perform
animal euthanasia until he or she |
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| is employed by another certified euthanasia
agency.
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| (e) A certified euthanasia technician or an instructor in | 3 |
| an approved course
does not engage in the practice of
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| veterinary
medicine when performing duties set forth in this | 5 |
| Act.
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| (Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
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| (510 ILCS 72/57)
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| Sec. 57. Procedures for euthanasia.
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| (a) Only euthanasia drugs and commercially compressed | 10 |
| carbon monoxide,
subject
to
the limitations imposed under | 11 |
| subsection (b) of this Section, shall be used for
the purpose
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| of humanely euthanizing injured, sick, homeless, or unwanted | 13 |
| companion animals
in an animal shelter or an animal control | 14 |
| facility licensed under the Illinois
Animal Welfare Act , except | 15 |
| that a licensed veterinarian may euthanize companion animals in | 16 |
| such a shelter or facility by the use of carbon monoxide if the | 17 |
| veterinarian complies with the requirements set forth in | 18 |
| Section 3.09 of the Humane Care for Animals Act. Euthanasia by | 19 |
| a certified euthanasia technician shall be conducted only | 20 |
| within the physical premises of an animal shelter licensed | 21 |
| under the Animal Welfare Act or an animal control facility | 22 |
| licensed under the Animal Welfare Act, except that a certified | 23 |
| euthanasia technician employed by an animal control facility | 24 |
| licensed under the Animal Welfare Act may euthanize animals in | 25 |
| the field in emergency situations .
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| (b) (Blank). Commercially compressed carbon monoxide may | 2 |
| be used as a permitted
method of
euthanasia provided that it is | 3 |
| performed in a commercially manufactured chamber
pursuant to | 4 |
| the guidelines set forth in the most recent report of the AVMA
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| Panel on
Euthanasia.
A chamber that is designed to euthanize | 6 |
| more than one
animal at a
time must be equipped with | 7 |
| independent sections or cages to separate
incompatible
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| animals. The interior of the chamber must be well lit and | 9 |
| equipped with
view-ports, a
regulator, and a flow meter. | 10 |
| Monitoring equipment must be used at all times
during the
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| operation. Animals that are under 4 months of age, old, | 12 |
| injured, or sick
may not
be euthanized by carbon monoxide. | 13 |
| Animals shall remain in the chamber and
be exposed for
a | 14 |
| minimum of 20 minutes.
Staff members shall be fully notified of | 15 |
| potential health risks.
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| (c) Animals cannot be transported beyond State lines for | 17 |
| the sole purpose
of euthanasia unless the euthanasia methods | 18 |
| comply with subsection (a) or (b)
of this
Section and the | 19 |
| euthanasia is performed by a licensed veterinarian in a manner | 20 |
| that is consistent with subsection (a) of this Section | 21 |
| certified euthanasia technician .
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| (Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
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| (510 ILCS 72/65)
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| Sec. 65. Refused issuance, suspension , or revocation of | 25 |
| certification. The Department
may refuse to issue, renew, or |
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| restore a certification or may revoke or suspend
a | 2 |
| certification,
or place on
probation, reprimand, impose a fine | 3 |
| not to exceed $10,000 $1,000 for each violation, or
take other
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| disciplinary or non-disciplinary action as the Department may | 5 |
| deem proper with regard to a
certified euthanasia agency or a
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| certified
euthanasia technician for any one or combination of | 7 |
| the following reasons:
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| (1) in the case of a
certified
euthanasia technician, | 9 |
| failing to carry out the duties of a euthanasia technician | 10 |
| set forth in this Act or rules adopted under this Act ;
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| (2) abusing the use of any controlled chemical | 12 |
| substance or euthanasia drug ;
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| (3) selling, stealing, or giving controlled chemical | 14 |
| substances or euthanasia drugs away;
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| (4) abetting anyone in violating item (1) or (2) of | 16 |
| this Section the activities listed in this subsection ; or
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| (5) violating any provision of this Act, the Illinois | 18 |
| Controlled
Substances
Act,
the Illinois Food, Drug and | 19 |
| Cosmetic Act, the federal Food, Drug, and Cosmetic Act, the | 20 |
| federal Controlled Substances Act, the rules adopted under | 21 |
| these Acts , or any rules adopted by the Department
of | 22 |
| Professional Regulation concerning the euthanizing of | 23 |
| animals ; .
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| (6) in the case of a euthanasia technician, acting as a | 25 |
| euthanasia technician outside of the scope of his or her | 26 |
| employment with a certified euthanasia agency; and |
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| (7) in the case of a euthanasia technician, being | 2 |
| convicted of or entering a plea of guily or nolo contendere | 3 |
| to any crime that is (i) a felony under the laws of the | 4 |
| United States or any state or territory thereof, (ii) a | 5 |
| misdemeanor under the laws of the United States or any | 6 |
| state or territory an essential element of which is | 7 |
| dishonesty, or (iii) directly related to the practice of | 8 |
| the profession. | 9 |
| (Source: P.A. 92-449, eff. 1-1-02.)
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| (510 ILCS 72/90)
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| Sec. 90. Uncertified practice; civil penalty.
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| (a) A person who practices, offers to practice, attempts to | 13 |
| practice, or
holds
himself
or herself out as a certified | 14 |
| euthanasia technician or a certified euthanasia
agency without | 15 |
| being certified
under
this Act shall, in addition to any other | 16 |
| penalty provided by law, pay a civil
penalty
to the Department | 17 |
| in an amount not to exceed $10,000 $5,000 for each offense as
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| determined by the Department. The civil penalty shall be | 19 |
| assessed by the
Department after a hearing is held in | 20 |
| accordance with the provisions set forth
in
this Act regarding | 21 |
| the provision of a hearing for the discipline of a certified
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| euthanasia technician or a certified euthanasia agency. The | 23 |
| civil penalty must
be paid within 60 days after
the
effective | 24 |
| date of the order imposing the civil penalty. The order shall
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| constitute a
judgment and may be filed and executed in the same |
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| manner as any judgment
from any court of record.
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| (b) The Department may investigate any uncertified | 3 |
| activity.
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| (c) Instructors or licensed veterinarians teaching humane | 5 |
| euthanasia techniques
are exempt from the certification | 6 |
| process so long as they are currently licensed by another state | 7 |
| as a euthanasia technician or as a veterinarian .
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| (Source: P.A. 92-449, eff. 1-1-02.)
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| (510 ILCS 72/165)
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| Sec. 165. Criminal penalties. An agency
or technician
who | 11 |
| is found to have violated a
provision of
this Act is guilty of | 12 |
| a Class A misdemeanor. On conviction of a second or
subsequent
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| offense, the violator shall be guilty of a Class 4 felony. The | 14 |
| Department shall, for the purpose of criminal investigation and | 15 |
| prosecution, refer alleged violations of this Act to (i) local | 16 |
| law enforcement officials or the Illinois State Police and (ii) | 17 |
| the State's Attorney of the county within which the violation | 18 |
| occurred. The Department shall, for the purpose of criminal | 19 |
| investigation and prosecution, refer alleged violations of the | 20 |
| Humane Care for Animals Act to (i) local law enforcement | 21 |
| officials or the Illinois State Police and (ii) the State's | 22 |
| Attorney of the county within which the violation occurred.
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| (Source: P.A. 92-449, eff. 1-1-02.)
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| Section 97. Severability. The provisions of this Act are |
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| severable under Section 1.31 of the Statute on Statutes. | 2 |
| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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