HB3588eng 103RD GENERAL ASSEMBLY

HB3588 Engrossed LRB103 26870 RLC 53234 b

AN ACT concerning retired police dogs.

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

Section 1. Short title. This Act may be cited as the Care for Retired Police Dogs Program Act.

Section 5. General Assembly findings. The General Assembly finds that:

(1) Police dogs are an integral part of many law enforcement and correctional efforts statewide, including the apprehension of suspects through tracking and searching, evidence location, drug and bomb detection, and search and rescue operations.

(2) Law enforcement and correctional agencies agree that the use of police dogs is an extremely cost-effective means of crime control and that police dogs possess skills and abilities that frequently exceed those of existing technology.

(3) The service of police dogs is often dangerous and can expose them to injury at a rate higher than that of non-service dogs.

(4) Police dogs provide significant contributions to the residents of this State.

Section 10. Definitions. In this Act:

"Correctional agency" means a lawfully established State or local public agency having primary responsibility for the supervision, protection, care, custody, control, or investigation of inmates at a correctional institution.

"Law enforcement agency" means a lawfully established State or local public agency having primary responsibility for the prevention and detection of crime or the enforcement of penal, traffic, highway, regulatory, game, immigration, postal, customs, or controlled substance laws.

"Retired police dog" means a dog that was previously in the service of or employed by a law enforcement agency or a correctional agency in this State for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of offenders and that received certification in obedience and apprehension work from a certifying organization, such as the National Police Canine Association, Inc., or other certifying organization.

"Veterinarian" has the same meaning as in Section 3 of the Veterinary Medicine and Surgery Practice Act of 2004.

"Veterinary care" means the practice, by a veterinarian, of veterinary medicine as defined in Section 3 of the Veterinary Medicine and Surgery Practice Act of 2004. The term includes annual wellness examinations, vaccinations, internal and external parasite prevention treatments, testing and treatment of illnesses and diseases, medications, emergency care and surgeries, veterinary oncology or other specialty care, euthanasia, and cremation.

Section 15. Establishment of program. The Care for Retired Police Dogs Program is created within the University of Illinois to provide a stable funding source for the veterinary care for retired police dogs.

Section 20. Administration. The Board of Trustees of the University of Illinois shall contract with a not-for-profit corporation organized under Article 2 of the General Not For Profit Corporation Act of 1986 to administer and manage the Care for Retired Police Dogs Program. The Board of Trustees of the University of Illinois shall select the not-for-profit corporation through a competitive grant award process. The not-for-profit corporation must meet all of the following criteria:

(1) Be dedicated to the protection or care of retired police dogs.

(2) Be exempt from taxation under Section 501(a) of the Internal Revenue Code as an organization described in Section 501(c)(3) of that Code.

(3) Have maintained such tax-exempt status for at least 5 years.

(4) Agree to be subject to review and audit at the discretion of the Auditor General in order to ensure accurate accounting and disbursement of State funds.

(5) Demonstrate the ability to effectively and efficiently disseminate information and to assist former handlers and adopters of retired police dogs in complying with this Act.

Section 25. Funding.

(a) From appropriations made by the General Assembly from the Illinois Police K-9 Memorial Fund to the University of Illinois for implementation of this Act, the Board of Trustees of the University of Illinois shall make grants to the not-for-profit corporation contracted by the Board of Trustees of the University of Illinois under Section 20 to be the disbursing authority for the Care for Retired Police Dogs Program. These funds must be disbursed to the former handler or the adopter of a retired police dog that served for 5 years or more as a police dog upon receipt of:

(1) valid documentation from the law enforcement agency or correctional agency from which the dog retired which verifies that the dog was in the service of or employed by that agency; and

(A) that the dog served 5 years or more with that agency;

(B) documentation showing that the dog served a total of 5 years or more with 2 or more law enforcement agencies or correctional agencies; or

(C) that, notwithstanding the length of service requirements elsewhere in this paragraph, the dog served 3 years or more with one or more law enforcement agencies or correctional agencies, was injured in the line of duty while serving with a law enforcement agency or correctional agency, and retired from the agency the dog was serving with at the time of the injury due to such injury; and

(2) a valid invoice from a veterinarian for veterinary care provided in this State to a retired police dog and documentation establishing payment of the invoice by the former handler or the adopter of the retired police dog.

(b) Annual disbursements to a former handler or an adopter to reimburse him or her for the cost of the retired police dog's veterinary care may not exceed $1,500 per dog. A former handler or an adopter of a retired police dog may not accumulate unused funds from a current year for use in a future year.

(c) A former handler or an adopter of a retired police dog who seeks reimbursement for veterinary care may not receive reimbursement if funds appropriated for the Care for Retired Police Dogs Program are depleted in the year for which the reimbursement is sought.

Section 30. Administrative expenses. The University of Illinois shall pay to the not-for-profit corporation, and the not-for-profit corporation may use, up to 10% of appropriated funds for its administrative expenses, including salaries and benefits.

Section 35. Rules. The University of Illinois shall adopt rules to implement this Act.

Section 90. The Illinois Vehicle Code is amended by changing Section 3-699.8 as follows:

(625 ILCS 5/3-699.8)

Sec. 3-699.8. Illinois Police K-9 Memorial Plates.

(a) The Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as Illinois Police K-9 Memorial license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code.

(b) The design and color of the plates is wholly within the discretion of the Secretary. The Secretary may allow the plates to be issued as vanity plates or personalized under Section 3-405.1 of the Code. Appropriate documentation, as determined by the Secretary, shall accompany each application. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code.

(c) An applicant shall be charged a $40 fee for original issuance in addition to the applicable registration fee. Of this additional fee, $15 shall be deposited into the Secretary of State Special License Plate Fund and $25 shall be deposited into the Illinois Police K-9 Memorial Fund. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this additional fee, $2 shall be deposited into the Secretary of State Special License Plate Fund and $25 shall be deposited into the Illinois Police K-9 Memorial Fund.

(d) The Illinois Police K-9 Memorial Fund is created as a special fund in the State treasury. All moneys in the Illinois Police K-9 Memorial Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to the Northern Illinois Police K-9 Memorial for the creation, operation, and maintenance of a police K-9 memorial monument and for grants under the Care for Retired Police Dogs Program Act.

(Source: P.A. 98-360, eff. 1-1-14; 98-756, eff. 7-16-14.)