SB1637 97TH GENERAL ASSEMBLY

LRB097 06001 CEL 46072 b

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.

A BILL FOR

AN ACT concerning animals.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Animal Control Act is amended by changing Sections 10 and 11 as follows:

(510 ILCS 5/10) (from Ch. 8, par. 360)

Sec. 10. Impoundment; redemption. When dogs or cats are apprehended and impounded, they must be scanned using a universal scanner for the presence of a microchip and examined for all other currently acceptable methods of identification, including, but not limited to, identification tags, tattoos, and rabies license tags. The examination for identification shall be done within 24 hours of intake of each animal. The Administrator shall make every reasonable attempt to contact the owner as defined by Section 2.16 as soon as possible. The Administrator shall give notice of not less than 7 business days to the owner prior to disposal of the animal. Such notice shall be mailed to the last known address of the owner. Testimony of the Administrator, or his or her authorized agent, who mails such notice shall be evidence of the receipt of such notice by the owner of the animal. A mailed notice shall remain the primary means of owner contact; however, the Administrator shall also attempt to contact the owner by any other contact information, such as by telephone or email address, provided by the microchip or other method of identification found on the animal. Any impounded cat or dog that lacks identifying information shall be held for a minimum of 7 business days to allow for the reclamation by their owner, agent, or caretaker. This required holding period shall not apply to owner-surrendered animals or other cases where the owner of the animal is known and has relinquished, in writing, all claims to the animal. If the 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 as named on the chip, as well as the agency or individual who purchased the implanted chip found in the animal, prior to euthanizing, transferring, or adoption.

In case the owner of any impounded dog or cat desires to make redemption thereof, he or she may do so by doing the following:

a. Presenting proof of current rabies inoculation and registration, if applicable.

b. Paying for the rabies inoculation of the dog or cat and registration, if applicable.

c. Paying the pound for the board of the dog or cat for the period it was impounded.

d. Paying into the Animal Control Fund an additional impoundment fee as prescribed by the Board as a penalty for the first offense and for each subsequent offense.

e. Paying a $25 public safety fine to be deposited into the Pet Population Control Fund; the fine shall be waived if it is the dog's or cat's first impoundment and the owner has the animal spayed or neutered within 14 days.

f. Paying for microchipping and registration if not already done.

The payments required for redemption under this Section shall be in addition to any other penalties invoked under this Act and the Illinois Public Health and Safety Animal Population Control Act. An animal control agency shall assist and share information with the Director of Public Health in the collection of public safety fines.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/11) (from Ch. 8, par. 361)

Sec. 11. When not redeemed by the owner, agent, or caretaker, a dog or cat must be scanned for a microchip. If a microchip is present, the registered owner must be notified. After contact has been made or attempted, dogs or cats deemed adoptable by the animal control facility shall be offered for adoption, or made available to a licensed humane society or rescue group. If no placement is available, it shall be humanely dispatched pursuant to the Humane Euthanasia in Animal Shelters Act. Prior to euthanizing or transferring the animal to another humane shelter or rescue group, the animal should be scanned again, 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. An animal pound or animal shelter shall not adopt or release any dog or cat to anyone other than the owner unless the animal has been rendered incapable of reproduction and microchipped, or the person wishing to adopt an animal prior to the surgical procedures having been performed shall have executed a written agreement promising to have such service performed, including microchipping, within a specified period of time not to exceed 30 days. Failure to fulfill the terms of the agreement shall result in seizure and impoundment of the animal and any offspring by the animal pound or shelter, and any monies which have been deposited shall be forfeited and submitted to the Pet Population Control Fund on a yearly basis. This Act shall not prevent humane societies from engaging in activities set forth by their charters; provided, they are not inconsistent with provisions of this Act and other existing laws. No animal shelter or animal control facility shall release dogs or cats to an individual representing a rescue group, unless the group has been licensed or has a foster care permit issued by the Illinois Department of Agriculture or is a representative of a not-for-profit out-of-state organization. Animal shelters shall prioritize the acceptance of animal intakes from within the State prior to accepting a dog or cat from outside the State. The Department may suspend or revoke the license of any animal shelter or animal control facility that fails to comply with the requirements set forth in this Section or that fails to report its intake and euthanasia statistics each year.

(Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08.)

Section 99. Effective date. This Act takes effect January 1, 2012.