SB0038 96TH GENERAL ASSEMBLY

LRB096 03733 JDS 13762 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0038

Introduced 1/30/2009, by Sen. Heather Steans

SYNOPSIS AS INTRODUCED:

See Index

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning animals.

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

Section 5. The Humane Care for Animals Act is amended by changing Section 3.02 as follows:

(510 ILCS 70/3.02)

Sec. 3.02. Aggravated cruelty. A No person must not may intentionally commit an act that causes a companion animal to suffer serious injury or death. Aggravated cruelty generally does not include euthanasia of a companion animal through recognized methods set forth in the most current American Veterinary Medical Association guidelines on euthanasia; however, a person who, by unauthorized methods, either knowingly euthanizes a companion animal or knowingly authorizes the euthanasia of a companion animal violates this Section 3.02. For the purposes of this Section 3.02, unauthorized methods include any one or more of the following methods: electrocution, decapitation, pithing, thoracic compression, exsanguination, microwave irradiation, incapacitation with a penetrating captive bolt, cervical dislocation, or asphyxiation with carbon dioxide, carbon monoxide, nitrogen, or argon. approved by the Department of Agriculture.

A person convicted of violating Section 3.02 is guilty of a Class 4 felony. A second or subsequent violation is a Class 3 felony. In addition to any other penalty provided by law, upon conviction for violating this Section, the court may order the convicted person to undergo a psychological or psychiatric evaluation and to undergo any treatment at the convicted person's expense that the court determines to be appropriate after due consideration of the evaluation. If the convicted person is a juvenile or a companion animal hoarder, the court must order the convicted person to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation.

(Source: P.A. 92-650, eff. 7-11-02.)

Section 10. The Humane Euthanasia in Animal Shelters Act is amended by changing Sections 15, 35, 57, 65, and 90 and by adding Sections 42 and 93 as follows:

(510 ILCS 72/15)

Sec. 15. Powers and duties of the Department.

(a) The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for the administration of licensure Acts and shall exercise other powers and duties necessary for effectuating the purposes of this Act.

(b) The Department may adopt rules to administer and enforce this Act including, but not limited to, setting fees for original certification and renewal and restoration of certification and any other administrative fees, and may prescribe forms to be issued to implement this Act. At a minimum, the rules adopted by the Department shall include standards and criteria for certification and for professional conduct and discipline.

(c) The Department shall, for the purpose of criminal investigation and prosecution, forward any information regarding an alleged violation of this Act or the Humane Care for Animals Act to (i) the State's Attorney of the county where the alleged violation occurred and (ii) to a local law enforcement office or the Illinois State Police.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/35)

Sec. 35. Technician certification; duties.

(a) An applicant for certification as a euthanasia technician shall file an application with the Department and shall:

(1) Be 18 years of age.

(2) Be of good moral character. In determining moral character under this Section, the Department may take into consideration whether the applicant has engaged in conduct or activities that would constitute grounds for discipline under this Act.

(3) Each applicant for certification as a euthanasia technician shall have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department of State Police. These fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Department of State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The Department of State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Department.

(4) Hold a license or certification from the American Humane Association, the National Animal Control Association, the Illinois Federation of Humane Societies, or the Humane Society of the United States issued within 3 years preceding the date of application.

For a period of 12 months after the adoption of final administrative rules for this Act, the Department may issue a certification to an applicant who holds a license or certification from the American Humane Association, the National Animal Control Association, the Illinois Federation of Humane Societies, or the Humane Society of the United States issued after January 1, 1997.

(5) Pay the required fee.

(6) Prove to the satisfaction of the Department that the applicant has attended within 5 years preceding the date of application a class or seminar that (i) provides students with information about humane animal euthanasia methods and practical advice about coping with compassion fatigue and (ii) is administered by the American Humane Association, the National Animal Control Association, the Illinois Federation of Humane Societies, or the Humane Society of the United States.

(b) The duties of a euthanasia technician shall include but are not limited to:

(1) verifying animal identification by scanning for microchips and searching for other forms of identification prior to euthanasia preparing animals for euthanasia and scanning each animal, prior to euthanasia, for microchips;

(2) accurately recording the dosages administered and the amount of drugs wasted;

(3) ordering supplies;

(4) maintaining the security of all controlled substances and drugs;

(5) humanely euthanizing animals via intravenous injection by hypodermic needle, intraperitoneal injection by hypodermic needle, solutions or powder added to food or by mouth, or intracardiac injection (but only on comatose animals) by hypodermic needle, or carbon monoxide in a commercially manufactured chamber; and

(6) properly disposing of euthanized animals after verification of death.

(c) A euthanasia technician employed by a euthanasia agency may perform euthanasia by the administration of a Schedule II or Schedule III nonnarcotic controlled substance. A euthanasia technician may not personally possess, order, or administer a controlled substance except as an agent of the euthanasia agency.

(d) Upon termination from a euthanasia agency, a euthanasia technician shall not perform animal euthanasia until he or she is employed by another certified euthanasia agency.

(e) A certified euthanasia technician or an instructor in an approved course does not engage in the practice of veterinary medicine when performing duties set forth in this Act.

(Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)

(510 ILCS 72/42 new)

Sec. 42. Certificate issuance restrictions.

(a) The Department must not issue a certificate to a person who, in Illinois circuit court, has been convicted of or has pled guilty or no contest to any one or more of the following offenses:

(1) A forcible felony under the Criminal Code of 1961.

(2) A felony violation of Article 24 of the Criminal Code of 1961.

(3) A violation of Section 12-35 of the Criminal Code of 1961.

(4) A violation of Section 26-5 of the Criminal Code of 1961.

(5) A felony violation of the Humane Care for Animals Act.

(6) A Class 3 or greater felony violation of the Cannabis Control Act.

(7) A Class 2 or greater felony violation of the Methamphetamine Control and Community Prevention Act.

(b) The Department must not issue a certificate to a person who, under federal law or the law of any State other than Illinois, has been convicted of or pled guilty or no contest to an offense that is substantially similar to any one or more of the offenses listed in paragraphs (1) through (7) of subsection (a) of this Section 42.

(510 ILCS 72/57)

Sec. 57. Procedures for euthanasia.

(a) Only euthanasia drugs and commercially compressed carbon monoxide, subject to the limitations imposed under subsection (b) of this Section, 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.

(b) Blank Commercially compressed carbon monoxide may be used as a permitted method of euthanasia provided that it is performed in a commercially manufactured chamber pursuant to the guidelines set forth in the most recent report of the AVMA Panel on Euthanasia. A chamber that is designed to euthanize more than one animal at a time must be equipped with independent sections or cages to separate incompatible animals. The interior of the chamber must be well lit and equipped with view-ports, a regulator, and a flow meter. Monitoring equipment must be used at all times during the operation. Animals that are under 4 months of age, old, injured, or sick may not be euthanized by carbon monoxide. Animals shall remain in the chamber and be exposed for a minimum of 20 minutes. Staff members shall be fully notified of potential health risks.

(c) Animals cannot be transported beyond State lines for the sole purpose of euthanasia unless the euthanasia methods comply with subsection (a) or (b) of this Section and the euthanasia is performed by a certified euthanasia technician or licensed veterinarian.

(Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)

(510 ILCS 72/65)

Sec. 65. Refused issuance, suspension or revocation of certification. The Department may refuse to issue, renew, or restore a certification or may revoke or suspend a certification, or place on probation, reprimand, and impose a fine not to exceed $10,000 $1,000 for each violation, or take other disciplinary action as the Department may deem proper with regard to a certified euthanasia agency or a certified euthanasia technician for any one or combination of the following reasons:

(1) in the case of a euthanasia technician, failing to carry out the duties of a euthanasia technician as set forth in this Act or by Department rule;

(2) abusing the use of any chemical substance;

(3) selling, stealing, or giving chemical substances away;

(4) abetting anyone in the activities listed in this subsection; or

(5) violating any provision of this Act; , the Illinois Controlled Substances Act; the federal Controlled Substances Act; the Illinois Food, Drug, and Cosmetic Act; the federal Food, Drug, and Cosmetic Act; , the rules adopted under these Acts; or any rules adopted by the Department of Professional Regulation concerning the euthanizing of animals; .

(6) in the case of a euthanasia technician, euthanizing an animal or participating in the euthanasia of an animal at any time other than while (i) acting within the scope of one's employment relationship with a euthanasia agency or (ii) working under the direct supervision of a veterinarian;

(7) in the case of a euthanasia technician, being convicted of or pleading guilty or no contest to any crime (i) that is a misdemeanor under federal law, the law of this State, or the law of any other State and that also is either related directly to the practice of the profession or includes dishonesty as an essential element or (ii) that is a felony under federal law, the law of this State, or the law of any other State;

(8) in the case of a euthanasia technician, being convicted of or entering a plea of guilty or no contest to one or more of the offenses listed in Section 42 of this Act;

(9) in the case of a euthanasia agency, allowing a person other than a euthanasia technician, a licensed veterinarian, or an instructor of an approved euthanasia course to perform euthanasia on the premises of the euthanasia agency.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/90)

Sec. 90. Uncertified practice; civil penalty.

(a) A person who practices, offers to practice, attempts to practice, or holds himself or herself out as a certified euthanasia technician or a certified euthanasia agency without being certified under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a certified euthanasia technician or a certified euthanasia agency. The civil penalty must be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and executed in the same manner as any judgment from any court of record.

(b) The Department may investigate any uncertified activity.

(c) Instructors teaching humane euthanasia techniques and licensed veterinarians teaching humane euthanasia techniques are exempt from the certification process.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/93 new)

Sec. 93. Criminal Penalties.

(a) A euthanasia technician who, at any time other than while acting within the scope of his or her employment relationship with a euthanasia agency or while working under the direct supervision of a veterinarian, knowingly euthanizes an animal or knowingly participates in the euthanasia of an animal is guilty of a Class A misdemeanor.

(b) An administrator, manager, or supervisor of a euthanasia agency who knowingly or recklessly allows a person other than a euthanasia technician, a licensed veterinarian, or an instructor of an approved euthanasia course to perform euthanasia on the premises of the euthanasia agency is guilty of a Class A misdemeanor.

(c) Any person who practices, offers to practice, or holds himself, herself, or itself out as a euthanasia technician or euthanasia agency without being certified is guilty of a Class A misdemeanor.

(d) Any person who is convicted of a second or subsequent violation of subsection (a), (b), or (c) of this Section is guilty of a Class 4 felony.

(510 ILCS 72/165 rep.)

Section 15. The Humane Euthanasia in Animal Shelters Act is amended by repealing Section 165.