Full Text of HB3767 98th General Assembly
HB3767 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3767 Introduced , by Rep. Daniel J. Burke SYNOPSIS AS INTRODUCED: |
| 510 ILCS 70/3.02 | | 510 ILCS 70/8 | from Ch. 8, par. 708 | 510 ILCS 70/3.09 rep. | | 510 ILCS 72/5 | | 510 ILCS 72/35 | | 510 ILCS 72/57 | |
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Amends the Humane Care for Animals Act and the Humane Euthanasia in Animal Shelters Act. Prohibits the use of carbon monoxide as a euthanasia agent for companion animals. Provides that euthanasia of a companion animal shall only be performed using established injectable euthanasia agents. Provides that the use of other euthanasia agents on companion animals is aggravated cruelty.
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| | A BILL FOR |
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| 1 | | AN ACT concerning animals.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Humane Care for Animals Act is amended by | 5 | | changing Sections 3.02 and 8 as follows:
| 6 | | (510 ILCS 70/3.02)
| 7 | | Sec. 3.02. Aggravated cruelty. | 8 | | (a) No person may intentionally
commit an act that causes a | 9 | | companion animal to suffer serious injury or
death. Aggravated | 10 | | cruelty does not include euthanasia of a companion animal
| 11 | | through recognized methods approved by the Department of | 12 | | Agriculture unless prohibited under subsection (b).
| 13 | | (b) No person individual, except a licensed veterinarian as | 14 | | exempted under Section 3.09, may knowingly or intentionally | 15 | | euthanize or authorize the euthanasia of a companion animal by | 16 | | use of carbon monoxide. Euthanasia of a companion animal shall | 17 | | only be performed using established injectable euthanasia | 18 | | agents. | 19 | | (c) A person convicted of violating Section 3.02 is guilty | 20 | | of a Class 4
felony. A second or subsequent violation is a | 21 | | Class 3 felony. In addition to
any other penalty provided by | 22 | | law, upon conviction for violating this Section,
the court may | 23 | | order the convicted person to undergo a psychological or
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| 1 | | psychiatric evaluation and to undergo any treatment at the | 2 | | convicted person's
expense that the court determines to be | 3 | | appropriate after due consideration of
the evaluation. If the | 4 | | convicted person is a juvenile or a companion animal
hoarder, | 5 | | the court must order the convicted person to undergo a | 6 | | psychological
or psychiatric evaluation and to undergo | 7 | | treatment that the court determines to
be appropriate after due | 8 | | consideration of the evaluation.
| 9 | | (Source: P.A. 96-780, eff. 8-28-09.)
| 10 | | (510 ILCS 70/8) (from Ch. 8, par. 708)
| 11 | | Sec. 8. Rulemaking.
| 12 | | The Department shall administer this Act and shall adopt | 13 | | promulgate such rules
and regulations as are necessary to | 14 | | effectuate the purposes of this Act. These
Such rules and | 15 | | regulations are subject to the approval of the Advisory
Board | 16 | | of Livestock Commissioners. No later than 6 months after the | 17 | | effective date of this amendatory Act of the 96th General | 18 | | Assembly, the Department shall adopt rules defining the | 19 | | "recognized methods for the humane euthanasia of companion | 20 | | animals" referred to in subsection (a) of Section 3.02 of this | 21 | | Act. No later than 6 months after the effective date of this | 22 | | amendatory Act of the 98th General Assembly, the Department | 23 | | shall adopt rules defining "established injectable euthanasia | 24 | | agents" as used in this Act subject to the approval of the | 25 | | Advisory
Board of Livestock Commissioners.
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| 1 | | The Director may, in formulating rules under and | 2 | | regulations pursuant to this
Act, seek the advice and | 3 | | recommendations of humane societies in this State.
| 4 | | (Source: P.A. 96-780, eff. 8-28-09.)
| 5 | | (510 ILCS 70/3.09 rep.) | 6 | | Section 10. The Humane Care for Animals Act is amended by | 7 | | repealing Section 3.09. | 8 | | Section 15. The Humane Euthanasia in Animal Shelters Act is | 9 | | amended by changing Sections 5, 35, and 57 as follows:
| 10 | | (510 ILCS 72/5)
| 11 | | Sec. 5. Definitions. The following terms have the meanings | 12 | | indicated, unless the context
requires otherwise:
| 13 | | "Animal" means any bird, fish, reptile, or mammal other | 14 | | than man.
| 15 | | "DEA" means the United States Department of Justice Drug | 16 | | Enforcement
Administration.
| 17 | | "Department" means the Department of
Professional | 18 | | Regulation.
| 19 | | "Director" means the Director of the Department of | 20 | | Professional
Regulation.
| 21 | | "Euthanasia agency" means an entity certified by the | 22 | | Department for the
purpose of animal euthanasia that holds an | 23 | | animal control facility or animal
shelter license under the |
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| 1 | | Animal Welfare Act and that permits only euthanasia technicians | 2 | | or veterinarians to perform the euthanasia of animals.
| 3 | | "Euthanasia drugs" means
Schedule II or Schedule III | 4 | | substances (nonnarcotic controlled substances) as
set forth
in | 5 | | the Illinois Controlled Substances Act that are used by a | 6 | | euthanasia agency
for the purpose of animal euthanasia. | 7 | | "Euthanasia drugs" include only established injectable | 8 | | euthanasia agents.
| 9 | | "Euthanasia technician" or "technician" means a person | 10 | | employed by a
euthanasia
agency
or working under the direct | 11 | | supervision of a
veterinarian
and who is certified by the | 12 | | Department to administer euthanasia drugs to
euthanize | 13 | | animals.
| 14 | | "Veterinarian" means a person holding the degree of Doctor | 15 | | of Veterinary
Medicine who is licensed under the Veterinary | 16 | | Medicine and Surgery
Practice
Act of 2004.
| 17 | | (Source: P.A. 96-780, eff. 8-28-09.)
| 18 | | (510 ILCS 72/35)
| 19 | | Sec. 35. Technician certification; duties.
| 20 | | (a) An applicant for certification as a euthanasia | 21 | | technician shall file an
application with the Department and | 22 | | shall:
| 23 | | (1) Be 18 years of age.
| 24 | | (2) Be of good moral character. In determining moral | 25 | | character under this
Section, the Department may take into |
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| 1 | | consideration whether the applicant has
engaged in conduct | 2 | | or activities that would constitute grounds for discipline
| 3 | | under this Act.
| 4 | | (3) Each applicant for certification as a euthanasia | 5 | | technician shall
have his or her fingerprints submitted to | 6 | | the Department of State Police in an
electronic format that | 7 | | complies with the form and manner for requesting and
| 8 | | furnishing criminal history record information as | 9 | | prescribed by the Department
of State Police. These | 10 | | fingerprints shall be checked against the Department of
| 11 | | State Police and Federal Bureau of Investigation criminal | 12 | | history record
databases now and hereafter filed. The | 13 | | Department of State Police shall charge
applicants a fee | 14 | | for conducting the criminal history records check, which | 15 | | shall
be deposited in the State Police Services Fund and | 16 | | shall not exceed the actual
cost of the records check. The | 17 | | Department of State Police shall furnish,
pursuant to | 18 | | positive identification, records of Illinois convictions | 19 | | to the
Department.
| 20 | | (4) Hold a license or certification from the American | 21 | | Humane
Association, the National Animal Control | 22 | | Association, the Illinois Federation
of Humane Societies, | 23 | | or the Humane Society of the United States issued within
3 | 24 | | years preceding the date of application.
Every 5 years a | 25 | | certified euthanasia technician must renew his or her | 26 | | certification with the Department. At the time of renewal, |
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| 1 | | the technician must present proof that he or she attended a | 2 | | class or seminar, administered by the American Humane | 3 | | Association, the National Animal Control Association, the | 4 | | Illinois Federation of Humane Societies, or the Humane | 5 | | Society of the United States, that teaches techniques or | 6 | | guidelines, or both, for humane animal euthanasia.
| 7 | | (5) Pay the required fee.
| 8 | | (b) The duties of a euthanasia technician shall include but | 9 | | are not limited
to:
| 10 | | (1) preparing animals for euthanasia and scanning each | 11 | | animal, prior to
euthanasia, for microchips;
| 12 | | (2) accurately recording the dosages administered and | 13 | | the amount of drugs
wasted;
| 14 | | (3) ordering supplies;
| 15 | | (4) maintaining the security of all controlled | 16 | | substances and drugs;
| 17 | | (5) humanely euthanizing animals via intravenous | 18 | | injection by hypodermic
needle, intraperitoneal injection | 19 | | by hypodermic needle, or
intracardiac injection only on | 20 | | comatose
animals by hypodermic needle; and
| 21 | | (6) properly disposing of euthanized animals after | 22 | | verification of death.
| 23 | | (c) A euthanasia technician employed by a euthanasia agency | 24 | | may perform
euthanasia by the administration of a Schedule II
| 25 | | or Schedule III nonnarcotic controlled
substance. A euthanasia
| 26 | | technician may not personally possess, order, or administer a |
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| 1 | | controlled
substance except as an agent of the euthanasia | 2 | | agency.
When performing euthanasia, a euthanasia technician | 3 | | shall only use established injectable euthanasia agents.
| 4 | | (d) Upon termination from a euthanasia agency, a euthanasia | 5 | | technician shall
not perform
animal euthanasia until he or she | 6 | | is employed by another certified euthanasia
agency.
| 7 | | (e) A certified euthanasia technician or an instructor in | 8 | | an approved course
does not engage in the practice of
| 9 | | veterinary
medicine when performing duties set forth in this | 10 | | Act.
| 11 | | (Source: P.A. 96-780, eff. 8-28-09.)
| 12 | | (510 ILCS 72/57)
| 13 | | Sec. 57. Procedures for euthanasia.
| 14 | | (a) Only euthanasia drugs shall be used for
the purpose
of | 15 | | humanely euthanizing injured, sick, homeless, or unwanted | 16 | | companion animals
in an animal shelter or an animal control | 17 | | facility licensed under the Illinois
Animal Welfare Act , except | 18 | | that a licensed veterinarian may euthanize companion animals in | 19 | | such a shelter or facility by the use of carbon monoxide if the | 20 | | veterinarian complies with the requirements set forth in | 21 | | Section 3.09 of the Humane Care for Animals Act . Euthanasia by | 22 | | a certified euthanasia technician shall be conducted only | 23 | | within the physical premises of an animal shelter licensed | 24 | | under the Animal Welfare Act or an animal control facility | 25 | | licensed under the Animal Welfare Act, except that a certified |
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| 1 | | euthanasia technician employed by an animal control facility | 2 | | licensed under the Animal Welfare Act may euthanize animals in | 3 | | the field in emergency situations.
| 4 | | (b) (Blank).
| 5 | | (c) Animals cannot be transported beyond State lines for | 6 | | the sole purpose
of euthanasia unless the euthanasia is | 7 | | performed by a licensed veterinarian in a manner that is | 8 | | consistent with subsection (a) of this Section.
| 9 | | (Source: P.A. 96-780, eff. 8-28-09.)
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