Full Text of HB4671 99th General Assembly
HB4671ham001 99TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 3/24/2016
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| 1 | | AMENDMENT TO HOUSE BILL 4671
| 2 | | AMENDMENT NO. ______. Amend House Bill 4671 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Animal Control Act is amended by changing | 5 | | Sections 3, 8, 11, and 13 as follows:
| 6 | | (510 ILCS 5/3) (from Ch. 8, par. 353)
| 7 | | Sec. 3. The County Board Chairman
with the consent of the | 8 | | County Board
shall appoint an Administrator. Appointments | 9 | | shall be made as
necessary to keep this position filled at all | 10 | | times. The Administrator
may appoint as many Deputy | 11 | | Administrators and Animal Control Wardens to
aid him or her as | 12 | | authorized by the Board. The compensation for the
| 13 | | Administrator, Deputy Administrators, and Animal Control | 14 | | Wardens shall
be fixed by the Board. The Administrator may be | 15 | | removed from office by
the County Board Chairman, with the | 16 | | consent of the County Board.
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| 1 | | The Board shall provide necessary personnel, training, | 2 | | equipment,
supplies, and
facilities, and shall operate pounds | 3 | | or contract for their operation as
necessary to effectuate the | 4 | | program. The Board may enter into contracts
or agreements with | 5 | | persons to assist in the operation of the program and may | 6 | | establish a county animal population control program.
| 7 | | The Board shall be empowered to utilize monies from their | 8 | | General
Corporate Fund to effectuate the intent of this Act.
| 9 | | The Board is authorized by ordinance to require the | 10 | | registration and
may require microchipping of
dogs and cats.
| 11 | | The Board shall
impose an individual dog or cat registration | 12 | | fee with a minimum differential of $10 for intact dogs or cats. | 13 | | Ten dollars of the differential shall be placed either in a | 14 | | county animal population control fund or in the State's Pet | 15 | | Population Control Fund. If the money is placed in the county | 16 | | animal population control fund it shall be used to (i) to spay, | 17 | | neuter, or sterilize adopted dogs or cats or (ii) for any | 18 | | allowable purpose provided for in Section 25 of the Illinois | 19 | | Public Health and Safety Animal Population Control Act. The | 20 | | registration fee does not apply to feral cats spay or neuter | 21 | | dogs or cats owned by low income county residents who are | 22 | | eligible for the Food Stamp Program . All persons
selling dogs | 23 | | or cats or keeping registries of dogs or cats shall
cooperate | 24 | | and
provide
information
to the Administrator as required by | 25 | | Board ordinance, including sales,
number of litters, and
| 26 | | ownership
of dogs and cats. If microchips are required, the |
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| 1 | | microchip number may
serve as the county animal
control | 2 | | registration number.
| 3 | | In obtaining information required to implement this Act, | 4 | | the Department
shall have power to subpoena and bring before it | 5 | | any person in this State
and to take testimony either orally or | 6 | | by deposition, or both, with the
same fees and mileage and in | 7 | | the same manner as prescribed by law for civil
cases in courts | 8 | | of this State.
| 9 | | The Director shall have power to
administer
oaths to | 10 | | witnesses at any hearing which the Department is authorized by
| 11 | | law to conduct, and any other oaths required or authorized in | 12 | | any Act
administered
by the Department.
| 13 | | This Section does not apply to feral cats.
| 14 | | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| 15 | | (510 ILCS 5/8) (from Ch. 8, par. 358)
| 16 | | Sec. 8. Every owner of a dog 4 months or more of age shall | 17 | | have each dog
inoculated against rabies
by a licensed | 18 | | veterinarian. Every dog shall
have a second rabies vaccination | 19 | | within one year of the first. Terms of
subsequent
vaccine | 20 | | administration and duration of immunity must be in compliance | 21 | | with USDA
licenses of vaccines used. Evidence of a such rabies
| 22 | | inoculation administered to any dog, cat, or ferret shall be | 23 | | entered on a certificate the form of which shall be
approved by | 24 | | the Board and which shall contain the microchip number of the | 25 | | animal if it has one and which shall be signed by the licensed
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| 1 | | veterinarian administering the vaccine. Veterinarians who | 2 | | inoculate a dog
shall procure from the County Animal
Control in | 3 | | the county where their office is located
serially
numbered | 4 | | tags, one to be issued with each inoculation certificate. Only | 5 | | one dog , cat, or ferret
shall be included on each certificate. | 6 | | The veterinarian immunizing against rabies or
microchipping an | 7 | | animal
shall
provide the
Administrator of the county in which | 8 | | the animal resides with a certificate of immunization and | 9 | | microchip number. The
Board shall cause a rabies
inoculation | 10 | | tag to be issued, at a fee established by the Board
for each
| 11 | | dog inoculated against rabies.
| 12 | | Rabies vaccine for use on animals shall be sold or | 13 | | distributed only to
and used only by licensed veterinarians. | 14 | | Such rabies vaccine shall be
licensed by the United States | 15 | | Department of Agriculture.
| 16 | | If a licensed veterinarian determines in writing that a | 17 | | rabies inoculation would compromise an animal's health, then | 18 | | the animal shall be exempt from the rabies shot requirement, | 19 | | but the owner must still be responsible for the fees.
| 20 | | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| 21 | | (510 ILCS 5/11) (from Ch. 8, par. 361)
| 22 | | Sec. 11. When not redeemed by the owner, agent, or | 23 | | caretaker, a dog or cat must be scanned for a microchip. If a | 24 | | microchip is present, the registered owner must be notified. | 25 | | After contact has been made or attempted, dogs or cats deemed |
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| 1 | | adoptable by the animal control facility shall be offered for | 2 | | adoption, or made available to a licensed humane society or | 3 | | rescue group. If no placement is available, the dog or cat may | 4 | | it shall be
humanely dispatched pursuant to the Humane | 5 | | Euthanasia in Animal Shelters
Act. Nothing in this Act shall be | 6 | | construed or interpreted to place a limitation on the time | 7 | | frame that an animal pound or animal shelter may humanely house | 8 | | an animal prior to placement. An animal pound
or animal shelter | 9 | | shall not adopt or release any dog or cat to anyone other than | 10 | | the owner unless the animal has been rendered incapable of
| 11 | | reproduction
and microchipped, or the person wishing to adopt
| 12 | | an animal prior
to the surgical procedures having been | 13 | | performed shall have executed a written
agreement promising to | 14 | | have such service performed, including
microchipping, within
a | 15 | | specified period
of time not to exceed 30 days. Failure to | 16 | | fulfill the terms of the
agreement shall result in
seizure and | 17 | | impoundment of the animal and any offspring by the animal pound | 18 | | or shelter, and
any monies which have been deposited shall be | 19 | | forfeited and submitted to the Pet Population Control Fund on a | 20 | | yearly basis. This Act shall not
prevent humane societies from | 21 | | engaging in activities set forth by their
charters; provided, | 22 | | they are not inconsistent with provisions of this Act
and other | 23 | | existing laws. No animal shelter or animal control facility | 24 | | shall
release dogs or cats to an individual representing a | 25 | | rescue group, unless the
group has been licensed or has a | 26 | | foster care permit issued by the Illinois Department of |
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| 1 | | Agriculture or
is a representative of a not-for-profit | 2 | | out-of-state organization. The Department may suspend or
| 3 | | revoke the license of
any animal shelter or animal control | 4 | | facility that fails to comply with the
requirements set forth | 5 | | in this Section or that fails to report its intake and | 6 | | euthanasia statistics each year.
| 7 | | (Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08 .)
| 8 | | (510 ILCS 5/13) (from Ch. 8, par. 363)
| 9 | | Sec. 13. Dog or other animal bites; observation of animal.
| 10 | | (a) Except as otherwise provided in subsection (b) of this | 11 | | Section, when
the Administrator or, if the Administrator is not | 12 | | a veterinarian, the Deputy
Administrator receives information | 13 | | that any person has been
bitten by an animal, the Administrator | 14 | | or, if the
Administrator is not a veterinarian, the Deputy | 15 | | Administrator, or his or
her authorized
representative, shall | 16 | | have such dog or other animal confined
under the
observation of | 17 | | a licensed veterinarian . Such confinement shall be for a period | 18 | | of not less than 10 days from the date the bite occurred and | 19 | | shall continue until the animal has been examined by a licensed | 20 | | veterinarian for a period of 10 days . The
Department may permit | 21 | | such confinement to be reduced to a
period of less than 10 | 22 | | days. A veterinarian shall report the
clinical
condition of the | 23 | | animal immediately, with confirmation in
writing to the | 24 | | Administrator or, if the Administrator is not a veterinarian,
| 25 | | the
Deputy Administrator within 24 hours after the animal
is |
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| 1 | | presented for examination, giving the owner's name, address, | 2 | | the date of
confinement, the species, the breed, description, | 3 | | age, and sex of the
animal, and whether the animal has been | 4 | | spayed
or neutered, on appropriate
forms approved by the | 5 | | Department. The Administrator or, if the Administrator
is not
a | 6 | | veterinarian, the Deputy Administrator shall notify the | 7 | | attending physician
or responsible health agency. At the
end of | 8 | | the confinement period, the animal shall be examined by a | 9 | | licensed veterinarian and microchipped, if not already, at the | 10 | | expense of the owner. The veterinarian shall submit a written
| 11 | | report to the Administrator or, if the Administrator is not a | 12 | | veterinarian,
the Deputy
Administrator advising him or her of | 13 | | the clinical condition and the final disposition of
the animal | 14 | | on appropriate forms approved by the Department. When
evidence | 15 | | is presented that the animal was inoculated
against
rabies | 16 | | within the time prescribed by law, it may shall be confined in
| 17 | | a house, or in a manner which will prohibit it from biting any | 18 | | person
for a period of not less than 10 days from the date the | 19 | | bite occurred , if the Administrator, Deputy Administrator, or | 20 | | his or her authorized representative a licensed veterinarian | 21 | | adjudges such confinement satisfactory. The Department may | 22 | | permit such confinement to be reduced to a period of less
than | 23 | | 10 days. At the end of the confinement period, the
animal shall | 24 | | be examined by a licensed
veterinarian and microchipped, if not | 25 | | already, at the expense of the owner .
| 26 | | Any person having knowledge that any person has been
bitten |
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| 1 | | by an animal shall
notify the
Administrator or, if the | 2 | | Administrator is not a veterinarian, the Deputy
Administrator
| 3 | | promptly. It is unlawful for the owner of the animal
to
conceal | 4 | | the whereabouts, euthanize, sell, give away, or otherwise | 5 | | dispose of any
animal known to have bitten a person, until it | 6 | | is released by the
Administrator or, if the Administrator is | 7 | | not a veterinarian, the Deputy
Administrator, or his or her | 8 | | authorized representative. It is unlawful
for
the
owner of the | 9 | | animal to refuse or fail to comply with
the
reasonable written | 10 | | or printed instructions made by the Administrator or,
if
the | 11 | | Administrator is not a veterinarian, the Deputy Administrator, | 12 | | or
his
authorized representative. If such instructions cannot | 13 | | be delivered in
person, they shall be mailed to the owner of | 14 | | the
animal by
regular mail. Any expense incurred in the
| 15 | | handling of an animal under this Section and Section
12 shall
| 16 | | be borne by the owner. The owner of a biting animal must also | 17 | | remit to the Department of Public Health, for deposit into the | 18 | | Pet Population Control Fund, a $25 public safety fine within 30 | 19 | | days after notice.
| 20 | | (b) When a person has been bitten by a police dog that is | 21 | | currently vaccinated against rabies,
the police dog may | 22 | | continue to perform
its duties for the peace officer or law | 23 | | enforcement agency and any period
of
observation of the police | 24 | | dog may be under the
supervision of a peace officer.
The | 25 | | supervision shall consist of the dog being locked in a kennel,
| 26 | | performing its official duties in a police vehicle, or |
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| 1 | | remaining under the
constant supervision of its police handler.
| 2 | | (c) When a person has been bitten by a search and rescue | 3 | | dog that is currently vaccinated against rabies, the search and | 4 | | rescue dog may continue to perform its duties for the handler | 5 | | or owner or agency and any period of observation of the dog may | 6 | | be under the supervision of its handler or owner. The | 7 | | supervision shall consist of the dog being locked in a kennel, | 8 | | performing its official duties in a vehicle, or remaining under | 9 | | the constant supervision of its handler or owner. | 10 | | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| 11 | | Section 10. The Illinois Public Health and Safety Animal | 12 | | Population Control Act is amended by changing Section 25 as | 13 | | follows: | 14 | | (510 ILCS 92/25)
| 15 | | Sec. 25. Eligibility to participate. A resident of the | 16 | | State who owns a dog or cat and who is eligible for any | 17 | | government assistance, including the Food Stamp Program or the | 18 | | Social Security Disability Insurance Benefits Program , shall | 19 | | be eligible to participate in the program at a reduced rate if | 20 | | the owner signs a consent form certifying that he or she is the | 21 | | owner of the dog or cat or is authorized by the eligible owner | 22 | | to present the dog or cat for the procedure. An owner must | 23 | | submit proof of eligibility to the Department. Upon approval, | 24 | | the Department shall furnish an eligible owner with an |
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| 1 | | eligibility voucher to be presented to a participating | 2 | | veterinarian. An animal control facility, animal shelter, | 3 | | organization, or A resident of this State who is managing a | 4 | | feral cat colony and who humanely traps feral cats for spaying | 5 | | or neutering and return is eligible to participate in the | 6 | | program if provided the trap, sterilize, and return program is | 7 | | recognized by the municipality or by the county, if it is | 8 | | located in an unincorporated area. The sterilization shall be | 9 | | performed by a voluntarily participating veterinarian or | 10 | | veterinary student under the supervision of a veterinarian. The | 11 | | co-payment for the cat or dog sterilization procedure and | 12 | | vaccinations shall be $15.
| 13 | | (Source: P.A. 94-639, eff. 8-22-05.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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