HB3586 103RD GENERAL ASSEMBLY

LRB103 30179 AWJ 56607 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3586

Introduced 2/17/2023, by Rep. Tom Weber

SYNOPSIS AS INTRODUCED:

20 ILCS 2610/47 new
20 ILCS 2610/48 new
30 ILCS 105/5.990 new

Amends the Illinois State Police Act. Creates the Police K-9 Care Program within the Illinois State Police to provide a stable funding source for the veterinary care for retired police dogs. Provides that Illinois State Police shall contract with a nonprofit corporation organized under State law to administer and manage the Program and shall select the nonprofit corporation through a competitive grant award process. Provides that a handler or adopter of a retired police dog is eligible for a grant of up to $1,500 in veterinary care reimbursement for the retired police dog. Provides that the Program will be funded through grants from the Police K-9 Care Fund, which shall be funded by gifts, appropriations, and a percentage of monetary forfeitures due to criminal activity. Limits the concurrent exercise of home rule powers relating to forfeitures. Provides requirements for the Program and the Fund. Requires the Illinois State Police to adopt rules necessary to implement the Police K-9 Care Program and the requirements of the Fund. Makes a conforming change in the State Finance Act. Some provisions take effect immediately and some provisions take effect one year after becoming law.

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Illinois State Police Act is amended by adding Section 47 and 48 as follows:

(20 ILCS 2610/47 new)

Sec. 47. Police K-9 Care Program.

(a) As used in this Section:

"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 or other certifying organization.

"Veterinarian" has the meaning given to that term 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 that term is defined in Section 3 of the Veterinary Medicine and Surgery Practice Act of 2004. "Veterinary care" 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.

(b) The Police K-9 Care Program is created within the Illinois State Police to provide a stable funding source for the veterinary care for retired police dogs.

(c) The Illinois State Police shall contract with a nonprofit corporation organized under State law to administer and manage the Program and shall select the nonprofit corporation through a competitive grant award process. The selection criteria for the nonprofit corporation must include, but is not limited to, the following:

(1) The corporation is dedicated to the protection or care of retired and active police dogs.

(2) The corporation is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.

(3) The corporation has maintained its tax-exempt status for at least 5 years.

(4) The corporation has demonstrated that the corporation will be able to effectively and efficiently disseminate information and to assist handlers and adopters of retired police dogs in complying with the Police K-9 Care Program.

The contract with the corporation must include a provision that the corporation is subject to review and audit by the Auditor General, Illinois State Police, or an appropriate State agency or department to ensure accurate accounting and disbursement of State funds.

(d) The Program will be funded as provided in Section 48 through the Police K-9 Care Fund. The nonprofit corporation contracted with under subsection (c) shall receive funds for administration of the Program from the Fund as directed by the Director of the Illinois State Police and as required by this Section, including Illinois State Police rules adopted under Section 48 to implement this Section. The nonprofit corporation shall disburse the moneys it receives from the Fund to the handler or the adopter of a retired police dog if the dog served for 5 years or more as a police dog. In order to be eligible for a disbursement under this subsection, the handler or adopter must provide the following documentation to the nonprofit corporation:

(1) Valid documentation from the law enforcement agency or correctional agency from which the dog retired that verifies that the dog was in the service of or employed by that agency and (A) 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) notwithstanding the length of service requirements of subparagraphs (A) and (B), 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) An invoice from a veterinarian for veterinary care provided in this State to the retired police dog and documentation for establishing payment of the invoice by the handler or the adopter of the retired police dog.

Annual disbursements to a 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 handler or an adopter of a retired police dog may not accumulate unused funds from a current year for use in a future year. A handler or an adopter of a retired police dog who seeks reimbursement for veterinary care may not receive reimbursement if funds appropriated for the Police K-9 Care Program are depleted in the year for which the reimbursement is sought.

(20 ILCS 2610/48 new)

Sec. 48. Police K-9 Care Fund; rules to implement the Police K-9 Care Program and Fund procedures.

(a) As used in this Section:

"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.

"Taxpayer" means any individual, corporation, partnership, trust, or other entity subject to the Illinois income tax. For the purposes of this Section, 2 individuals filing a joint return shall be considered one taxpayer.

(b) The Police K-9 Care Fund, a special fund in the State treasury, is hereby created. The Fund shall be used by the Illinois State Police to provide for all costs associated with the function of the Police K-9 Care Program under Section 47 to help mitigate the costs of a retired police dog's health care after retirement.

(c) Notwithstanding any other provision of law, the Police K-9 Care Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Fund into any other fund of the State.

(d) The Illinois State Police shall administer the Fund and shall establish and implement fiscal controls and accounting periods for the Police K-9 Care Program.

(e) The Fund may receive State appropriations, gifts, grants, and federal funds and shall include earnings from the investment of moneys in the Fund. The Director of the Illinois State Police shall designate and require a percentage of law enforcement monetary seizures forfeited to the State or law enforcement agencies to be deposited into the Fund. The Director shall notify all law enforcement agencies or State agencies of the percentage required to be deposited into the fund no later than June 30th of each year.

A home rule unit may not regulate forfeitures in a manner inconsistent with this subsection. This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(f) The Department of Revenue shall award credits against the tax imposed under subsections (a) and (b) of Section 201 of the Illinois Income Tax Act to a taxpayer who makes a contribution to the Fund equal to 75% of the total amount of qualified contributions made by the taxpayer during a taxable year, not to exceed a credit of $10,000 per taxpayer. No credit shall be taken under this subsection for any contribution for which the taxpayer claims a federal income tax deduction.

(g) Of funds appropriated by the General Assembly into the Fund, the nonprofit corporation administering the Police K-9 Care Program under subsection (c) of Section 47 may use up to 10% of those appropriated funds for its administrative expenses, including salaries and benefits.

(h) The Director of the Illinois State Police must request for the Illinois State Police budget an amount of State appropriations for the Police K-9 Care Fund to fully fund the expenses, disbursements, and administrative costs of the Police K-9 Care Program not expected to be covered from law enforcement seizures, donations, grants, gifts, endowments, and transfers from other State funds.

(i) The Illinois State Police shall adopt rules necessary to implement the Police K-9 Care Program under Section 47 and the provisions of this Section.

Section 10. The State Finance Act is amended by adding Section 5.990 as follows:

(30 ILCS 105/5.990 new)

Sec. 5.990. The Police K-9 Care Fund.

Section 99. Effective date. This Act takes effect upon becoming law, except that the provisions adding Section 47 to the Illinois State Police Act take effect one year after becoming law.