HB5543 Engrossed

LRB095 19898 RAS 46312 b






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    AN ACT concerning regulation.

 
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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 Animal Welfare Act is amended  by adding 
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Sections 3.3 and 3.4 as follows:
 
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    (225 ILCS 605/3.3  new)
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    Sec. 3.3. Adoption of dogs and cats; sterilization   
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required.
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    (a) No animal shelter or animal control facility may adopt 
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out any dog or cat that has not been sterilized in a manner 
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acceptable to the Department, except under any of the following 
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conditions:
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        (1) The adopting owner has executed a written document 
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    agreeing to have the sterilization performed within a 
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    specified period of time, which may not exceed 30 days 
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    after the date of the adoption.
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        (2) In cases where a licensed veterinarian has 
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    certified that a dog or cat is too sick or injured to be 
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    sterilized or that it would be detrimental to the health of 
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    the dog or cat to be sterilized at the time of the 
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    adoption, the adopting owner has executed a written 
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    document agreeing to have the sterilization performed 
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    within 14 days after a licensed veterinarian certifies the 
 


 






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    dog or cat as being healthy enough for sterilization.
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    (b) This Section does not apply to adoptions that are 
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subject to Section 11 of the Animal Control Act. 
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    (c) Notwithstanding any other rulemaking authority that 
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may exist, neither the Governor nor any agency or agency head 
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under the jurisdiction of the Governor has any authority to 
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make or promulgate rules to implement or enforce the provisions 
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of this amendatory Act of the 95th General Assembly.  If, 
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however, the Governor believes that rules are necessary to 
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implement or enforce the provisions of this amendatory Act of 
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the 95th General Assembly, the Governor may suggest rules to 
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the General Assembly by filing them with the Clerk of the House 
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and the Secretary of the Senate and by requesting that the 
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General Assembly authorize such rulemaking by law, enact those 
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suggested rules into law, or take any other appropriate action 
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in the General Assembly's discretion.   Nothing contained in this 
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amendatory Act of the 95th General Assembly shall be 
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interpreted to grant rulemaking authority under any other 
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Illinois statute where such authority is not otherwise 
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explicitly given.  For the purposes of this amendatory Act of 
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the 95th General Assembly, "rules" is given the meaning 
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contained in Section 1-70 of the Illinois Administrative 
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Procedure Act, and "agency" and "agency head" are given the 
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meanings contained in Sections 1-20 and 1-25 of the Illinois 
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Administrative Procedure Act to the extent that such 
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definitions apply to agencies or agency heads under the 
 


 






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jurisdiction of the Governor. 
 
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    (225 ILCS 605/3.4  new)
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    Sec. 3.4. Release of animals to shelters. An animal shelter 
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or animal control facility may not release any animal to an 
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individual representing an animal shelter, unless the animal 
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shelter has been licensed or has a foster care permit issued by 
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the Department or the individual is a representative of a 
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not-for-profit, out-of-State organization. Notwithstanding any 
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other rulemaking authority that may exist, neither the Governor 
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nor any agency or agency head under the jurisdiction of the 
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Governor has any authority to make or promulgate rules to 
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implement or enforce the provisions of this amendatory Act of 
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the 95th General Assembly.  If, however, the Governor believes 
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that rules are necessary to implement or enforce the provisions 
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of this amendatory Act of the 95th General Assembly, the 
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Governor may suggest rules to the General Assembly by filing 
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them with the Clerk of the House and the Secretary of the 
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Senate and by requesting that the General Assembly authorize 
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such rulemaking by law, enact those suggested rules into law, 
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or take any other appropriate action in the General Assembly's 
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discretion.   Nothing contained in this amendatory Act of the 
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95th General Assembly shall be interpreted to grant rulemaking 
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authority under any other Illinois statute where such authority 
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is not otherwise explicitly given.  For the purposes of this 
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amendatory Act of the 95th General Assembly, "rules" is given 
 


 






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the meaning contained in Section 1-70 of the Illinois 
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Administrative Procedure Act, and "agency" and "agency head" 
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are given the meanings contained in Sections 1-20 and 1-25 of 
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the Illinois Administrative Procedure Act to the extent that 
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such definitions apply to agencies or agency heads under the 
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jurisdiction of the Governor.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.