Bill Status of SB 38   96th General Assembly

Short Description:  ANIMALS--HUMANE EUTHANASIA

Senate Sponsors
Sen. Heather Steans and Don Harmon-Jacqueline Y. Collins-Linda Holmes-Mattie Hunter

House Sponsors
(Rep. John A. Fritchey-Lou Lang-Kenneth Dunkin)


Last Action  View All Actions

DateChamber Action
  8/28/2009SenatePublic Act . . . . . . . . . 96-0780

Statutes Amended In Order of Appearance
510 ILCS 70/3.02
510 ILCS 72/15
510 ILCS 72/35
510 ILCS 72/42 new
510 ILCS 72/57
510 ILCS 72/65
510 ILCS 72/90
510 ILCS 72/93 new
510 ILCS 72/165 rep.

Synopsis As Introduced
Amends the Humane Care for Animals Act. Provides that the euthanasia of companion animals through recognized methods "set forth by the most current American Veterinary Medical Association guidelines on euthanasia" (now, "as approved by the Department of Agriculture") is generally not animal cruelty. Prohibits the euthanasia of companion animals by certain means. Amends the Humane Euthanasia in Animal Shelters Act. Requires the Department to forward information regarding certain alleged violations to (i) the State's Attorney of the county where the violation occurred and (ii) a local law enforcement office or the Illinois State Police. Requires euthanasia technicians to meet an additional requirement before being certified and to perform an additional duty once certified. Prohibits persons who have been convicted of or have pled guilty or no contest to certain offenses from being issued a certificate to euthanize animals. Provides that only euthanasia drugs shall be used for the purpose of humanely euthanizing injured, sick, homeless, or unwanted companion animals in an animal shelter or an animal control facility licensed under the Illinois Animal Welfare Act (now, those animals may be euthanized by other means, including compressed carbon monoxide). Authorizes the Department to refuse to issue, renew, or restore a certification; revoke or suspend a certification; place on probation; reprimand; or impose a $10,000 fine (now $1,000 fine) for listed activities. Adds certain activities to that list. Creates criminal penalties for certain violations. Repeals a Section concerning criminal penalties.

Senate Committee Amendment No. 1
Adds reference to:
510 ILCS 70/3.09 new
510 ILCS 70/8from Ch. 8, par. 708
510 ILCS 72/35
510 ILCS 72/36 new
510 ILCS 72/57
510 ILCS 72/65
510 ILCS 72/66 new
510 ILCS 72/90
510 ILCS 72/91 new
510 ILCS 72/165 rep.

Replaces everything after the enacting clause. In the Humane Care for Animals Act, replaces a provision that defines and prohibits the euthanasia of companion animals by certain means with provisions, in various Sections, which provide that (i) euthanasia by carbon monoxide is prohibited unless performed by a licensed veterinarian who complies with certain requirements, (ii) use of a decompression chamber or carbon dioxide is prohibited, and (iii) the Department must adopt rules defining recognized methods for the humane euthanasia of companion animals within 6 months after the effective date of this amendatory Act. Provides criminal penalties for violations. In the Humane Euthanasia in Animal Shelters Act, contains substantially similar provisions, which provide that (i) a certified euthanasia technician must renew his or her certification every 5 years, (ii) the Department may not provide certificates to persons who have been convicted of certain offenses, (iii) criminal and civil penalties must be imposed for certain violations, and (iv) euthanasia agency and technician certifications may be revoked and their renewal may be refused for certain offenses. Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
510 ILCS 72/36 new
510 ILCS 72/66 new
510 ILCS 72/91 new
510 ILCS 72/165 rep
Adds reference to:
510 ILCS 72/5
510 ILCS 72/10
510 ILCS 72/165

Deletes everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Amends the Humane Care for Animals Act. Removes, in a Section concerning animal cruelty, a provision that prohibited a person from knowingly or intentionally euthanizing or authorizing the euthanasia of a companion animal by particular means. Removes a provision that allows a euthanasia technician to euthanize animals by solutions or powder added to food or by mouth. Provides that euthanasia by a certified euthanasia technician must be conducted only within the physical premises of an animal shelter licensed under the Animal Welfare Act or an animal control facility licensed under the Animal Welfare Act, except that a certified euthanasia technician employed by an animal control facility licensed under the Animal Welfare Act may euthanize animals in the field in emergency situations. Amends the Humane Euthanasia in Animal Shelters Act. Changes the definition of "euthanasia agency". In a Section concerning certification requirements, provides that an instructor or licensed veterinarian teaching humane euthanasia technicians is exempt from the certification process as long as he or she is currently licensed by another state as a euthanasia technician or as a veterinarian. Removes new Sections concerning certificate issuance restrictions and the Department's revocation of euthanasia agency certifications. Provides that animals cannot be transported beyond State lines for the sole purpose of euthanasia unless the euthanasia is to be performed by a licensed veterinarian. Makes changes to a Section concerning the conditions under which the Department may impose a fine upon or issue, renew, revoke, or restore the certification of a euthanasia technician or agency. Increases the fines for certain violations of the Act to $10,000. Inserts a severability clause. Removes a Section that repealed a Section concerning criminal penalties. Requires the Department to refer any information concerning an alleged violation of the Act or the Humane Care for Animals Act to (i) local law enforcement officials or the Illinois State Police and (ii) the State's Attorney of the county within which the violation occurred. Effective immediately.

Actions 
DateChamber Action
  1/30/2009SenateFiled with Secretary by Sen. Heather Steans
  1/30/2009SenateFirst Reading
  1/30/2009SenateReferred to Assignments
  2/4/2009SenateAdded as Co-Sponsor Sen. Don Harmon
  2/4/2009SenateAssigned to Agriculture and Conservation
  2/17/2009SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Heather Steans
  2/17/2009SenateSenate Committee Amendment No. 1 Referred to Assignments
  2/18/2009SenateSenate Committee Amendment No. 1 Assignments Refers to Agriculture and Conservation
  2/18/2009SenateSenate Committee Amendment No. 1 Adopted
  2/19/2009SenatePostponed - Agriculture and Conservation
  2/25/2009SenateDo Pass as Amended Agriculture and Conservation; 006-004-000
  2/25/2009SenatePlaced on Calendar Order of 2nd Reading February 26, 2009
  2/27/2009SenateSecond Reading
  2/27/2009SenatePlaced on Calendar Order of 3rd Reading March 4, 2009
  2/27/2009SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/25/2009SenateAdded as Chief Co-Sponsor Sen. Linda Holmes
  3/25/2009SenateAdded as Co-Sponsor Sen. Mattie Hunter
  3/25/2009SenateThird Reading - Passed; 036-016-001
  3/25/2009HouseArrived in House
  3/25/2009HousePlaced on Calendar Order of First Reading
  3/25/2009HouseChief House Sponsor Rep. Greg Harris
  3/25/2009HouseFirst Reading
  3/25/2009HouseReferred to Rules Committee
  3/25/2009SenateSponsor Removed Sen. Mattie Hunter
  3/26/2009HouseAlternate Chief Sponsor Changed to Rep. John A. Fritchey
  4/14/2009HouseAssigned to Agriculture & Conservation Committee
  4/24/2009HouseAdded Alternate Chief Co-Sponsor Rep. Lou Lang
  4/28/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Agriculture & Conservation Committee
  4/28/2009HouseHouse Committee Amendment No. 1 Adopted in Agriculture & Conservation Committee; by Voice Vote
  4/28/2009HouseDo Pass as Amended / Short Debate Agriculture & Conservation Committee; 007-005-000
  4/28/2009HousePlaced on Calendar 2nd Reading - Short Debate
  5/6/2009HouseSecond Reading - Short Debate
  5/6/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/19/2009HouseThird Reading - Short Debate - Passed 097-017-000
  5/19/2009HouseAdded Alternate Chief Co-Sponsor Rep. Kenneth Dunkin
  5/19/2009SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/19/2009SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 20, 2009
  5/19/2009SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Heather Steans
  5/19/2009SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/22/2009SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Agriculture and Conservation
  5/26/2009SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Agriculture and Conservation; 006-004-000
  5/27/2009SenateHouse Committee Amendment No. 1 Motion to Concur Lost 022-027-003
  5/30/2009SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Heather Steans
  5/30/2009SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/30/2009SenateHouse Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Assignments
  5/31/2009SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  5/31/2009SenateHouse Committee Amendment No. 1 Senate Concurs 034-019-000
  5/31/2009SenatePassed Both Houses
  6/29/2009SenateSent to the Governor
  8/28/2009SenateGovernor Approved
  8/28/2009SenateEffective Date August 28, 2009
  8/28/2009SenatePublic Act . . . . . . . . . 96-0780

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