HB2924ham001 98TH GENERAL ASSEMBLY

Rep. Laura Fine

Filed: 3/13/2013

09800HB2924ham001 LRB098 10417 CEL 42682 a

AMENDMENT TO HOUSE BILL 2924

AMENDMENT NO. ______. Amend House Bill 2924 by replacing everything after the enacting clause with the following:

"Section 5. The Animal Welfare Act is amended by adding Sections 3.6, 20.6, 20.7, 20.8, 20.9, 20.10, and 21.5 as follows:

(225 ILCS 605/3.6 new)

Sec. 3.6. Public information required. Every animal shelter and animal control facility shall make all of the following disclosures on their website, if they have a website, and on a conspicuous sign in a prominent place in plain view of the public using the facility the following preceding year numbers on the number of:

(1) dogs and cats taken in, adopted out, and euthanized;

(2) dogs and cats found dead in the animal shelter or animal control facility;

(3) dogs and cats that were transferred to other animal shelters or animal rescue groups; and

(4) animals by species received from seizures involving violations of the Criminal Code of 2012 or the Humane Care for Animals Act, and the number of seized animals by species adopted out, transferred, or euthanized.

(225 ILCS 605/20.6 new)

Sec. 20.6. Disclosures required. An animal shelter or animal control facility may charge a fee to people surrendering their animals.

Every animal shelter and animal control facility shall, on its surrender forms, include a place that can be checked with a place for a phone number and email address where the person surrendering the dog or cat can be reached if the dog or cat is scheduled for euthanasia. The agent receiving the dog or cat shall orally ask the person surrendering the dog or cat if they want to be notified if the dog or cat is scheduled for euthanasia, and if they do want to be notified, the agent shall show the person where to fill in their contact information.

Two business days prior to the scheduled euthanasia of the dog or cat, the person who surrendered the dog or a cat and who requested to be notified shall be contacted by reasonable commercial means.

If an animal shelter or animal control facility intends to euthanize the dog or cat on the same day it is surrendered, the animal shelter or animal control facility agent must orally inform the person surrendering the animal that it shall be euthanized that day and have the person surrendering the dog or cat sign an acknowledgement of probable euthanasia disposition form. This form shall be attached to the written surrender form.

For animals surrendered by the owner to the animal shelter, ownership of the animal immediately vests in the animal shelter.

(225 ILCS 605/20.7 new)

Sec. 20.7. Refusal to adopt or transfer a dog or cat. An animal shelter or animal control facility may not refuse to adopt or transfer a dog or cat based solely on the animal's age, breed, type, breed mix, appearance, or size.

(225 ILCS 605/20.8 new)

Sec. 20.8. Remedies. If an animal shelter or animal control facility violates any provision of this Act, the Director may, in the name of the People of the State of Illinois and through the Attorney General of the State of Illinois, petition for an order enjoining the violation or an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily or permanently enjoin the violation. If it is established that the animal shelter, animal control facility, person, or persons has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act, including, but not limited to, the private right of enforcement.

(225 ILCS 605/20.9 new)

Sec. 20.9. Injunctive relief. Injunctive relief shall be available under this Act. The court may, in its discretion, exercise all powers necessary to enforce this Act, including, but not limited to: injunction; revocation, forfeiture, or suspension of any license, charter, franchise, certificate, or other evidence of authority of any person to do business in this State; appointment of a receiver; dissolution of domestic corporations or association suspension or termination of the right of foreign corporations or associations to do business in this State; and restitution.

(225 ILCS 605/20.10 new)

Sec. 20.10. Standing and attorneys fees. Any person who has surrendered a dog or cat to an animal shelter or animal control facility that has violated this Act shall have standing to bring a civil action and enforce all remedies and sanctions under this Act. A person who surrendered an animal who is successful in obtaining a judgment or a settlement shall be entitled to reasonable attorney's fees.

(225 ILCS 605/21.5 new)

Sec. 21.5. Home rule. This law shall apply to all animal shelters and animal control facilities operating in the State. This Section is a limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

Section 99. Effective date. This Act takes effect January 1, 2014.".