HB1762 102ND GENERAL ASSEMBLY

LRB102 10395 SPS 15722 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1762

Introduced 2/17/2021, by Rep. Avery Bourne

SYNOPSIS AS INTRODUCED:

225 ILCS 605/3.6
225 ILCS 605/3.9 new
225 ILCS 605/3.10 new

Amends the Animal Welfare Act. Makes changes to the holding requirements for stray dogs and cats in animal shelters and animal control facilities. Requires animal shelters and animal control facilities to provide certain care to animals while being held. Provides requirements for animal shelters and animal control facilities to euthanize animals. Allows a person to seek declaratory or injunctive relief if an animal shelter or animal control facility fails to comply with the provisions.

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Animal Welfare Act is amended by changing Section 3.6 and by adding Sections 3.9 and 3.10 as follows:

(225 ILCS 605/3.6)

Sec. 3.6. Acceptance of stray dogs and cats.

(a) No animal shelter may accept a stray dog or cat unless the animal is reported by the shelter to the animal control or law enforcement of the county in which the animal is found by the next business day. An animal shelter may accept animals from: (1) the owner of the animal where the owner signs a relinquishment form which states he or she is the owner of the animal; (2) an animal shelter licensed under this Act; or (3) an out-of-state animal control facility, rescue group, or animal shelter that is duly licensed in their state or is a not-for-profit organization.

(b) Animal shelters and animal control facilities shall comply with the following: When stray dogs and cats are accepted by an animal shelter, they must be scanned for the presence of a microchip and examined for other currently-acceptable methods of identification, including, but not limited to, identification tags, tattoos, and rabies license tags. The examination for identification shall be done within 24 hours after the intake of each dog or cat. The animal shelter shall notify the owner and transfer any dog with an identified owner to the animal control or law enforcement agency in the jurisdiction in which it was found or the local animal control agency for redemption.

(1) No animal shall be euthanized before the expiration of 5 full business days from impoundment of the animal, not including the date of impoundment, except an animal who has a poor or grave prognosis for being able to live without severe, unremitting physical pain even with prompt, necessary, and comprehensive veterinary care, as certified in writing by a licensed veterinarian.

(2) An animal impounded as a stray with identification or whose owner has been identified shall be made available for owner reclamation for a period of 4 business days, not including the date of impoundment.

(3) An animal impounded as a stray without identification and whose owner has not been identified shall be made available for owner reclamation for a period of 3 business days, not including the date of impoundment.

(4) At any time, an animal impounded as a stray may be placed in foster care or transferred to another animal shelter, subject to the following:

(A) An animal transferred under this paragraph (4) remains subject to reclamation by its owner pursuant to paragraphs (2) and (3).

(B) Documentation of an animal transferred under this paragraph (4), including a photograph of the animal and relevant information pertaining to the animal's impoundment and transfer, shall be maintained in physical form at the animal shelter or animal control facility and in electronic form on a website so that it is reviewable by the public during the time periods relevant under paragraphs (2) and (3).

(C) An owner that satisfies an animal shelter's or animal control facility's reclamation requirements during the time periods relevant under paragraph (2) or (3) is entitled to reclaim the animal even if the animal has been transferred pursuant to this paragraph (4) and is no longer physically in the animal shelter's or animal control facility's custody. At the owner's discretion, the owner has the right to physically redeem the animal at the animal shelter or animal control facility.

(5) An animal who is impounded upon being surrendered by the animal's owner shall be subject to reclamation by that person for a period of 3 business days, not including the date of impoundment, so long as the animal has not been adopted or transferred and there is no evidence of neglect or abuse as determined in writing by a licensed veterinarian.

(6) The holding periods mandated by this subsection (b) do not apply to an animal who is impounded solely for the purpose of sterilization.

(7) Not less than 2 business days before euthanizing any animal, the animal shelter and animal control facility shall:

(A) notify or make a reasonable attempt to notify by verifiable written or electronic communication any animal shelter that has previously requested to be notified before animals are euthanized;

(B) unless there is evidence of neglect or animal cruelty as certified in writing by a licensed veterinarian, notify or make a reasonable attempt to notify by telephone or verifiable written or electronic communication the owner who surrendered the animal and inform that person that the animal is scheduled to be killed;

(C) notify or make a reasonable attempt to notify by telephone or verifiable written or electronic communication the finder who surrendered the stray animal and inform that person that the animal is scheduled to be killed; and

(D) if requested, give the persons notified under subparagraphs (A), (B), and (C) possession of the animal to avoid the animal's death.

(8) No animal shelter or animal control facility may euthanize an animal without making the notifications required by subparagraphs (A), (B), and (C).

(c) Animal shelters and animal control facilities shall provide the following care to all animals during their stay: If no transfer can occur, the animal shelter shall make every reasonable attempt to contact the owner, agent, or caretaker as soon as possible. The animal shelter shall give notice of not less than 7 business days to the owner, agent, or caretaker prior to disposal of the animal. The notice shall be mailed to the last known address of the owner, agent, or caretaker. Testimony of the animal shelter, or its authorized agent, who mails the notice shall be evidence of the receipt of the notice by the owner, agent, or caretaker of the animal. A mailed notice shall remain the primary means of owner, agent, or caretaker contact; however, the animal shelter shall also attempt to contact the owner, agent, or caretaker by any other contact information, such as by telephone or email address, provided by the microchip or other method of identification found on the dog or cat. If the dog or cat has been microchipped and the primary contact listed by the chip manufacturer cannot be located or refuses to reclaim the dog or cat, an attempt shall be made to contact any secondary contacts listed by the chip manufacturer or the purchaser of the microchip if the purchaser is a nonprofit organization, animal shelter, animal control facility, pet store, breeder, or veterinary office prior to adoption, transfer, or euthanization. Prior to transferring any stray dog or cat to another humane shelter, pet store, rescue group, or euthanization, the dog or cat shall be scanned again for the presence of a microchip and examined for other means of identification. If a second scan provides the same identifying information as the initial intake scan and the owner, agent, or caretaker has not been located or refuses to reclaim the dog or cat, the animal shelter may proceed with adoption, transfer, or euthanization.

(1) fresh, nutritious, species-appropriate, and age-appropriate food; access to fresh, clean water at all times; and environmental enrichment to promote their psychological well-being, such as socialization, toys and treats, and exercise as needed, but not less than twice daily; except that dogs exhibiting vicious behavior toward people or adjudged to be dangerous by a court of competent jurisdiction may, but are not required to, be exercised during the holding period;

(2) notwithstanding paragraph (1), a care protocol developed and followed with a licensed veterinarian for animals with special needs, such as, but not limited to, nursing mothers, unweaned animals, sick or injured animals, extremely frightened animals, geriatric animals, and animals needing therapeutic exercise;

(3) prompt and necessary cleaning of litter boxes, cages, kennels, and other living environments no less than 2 times per day to ensure environments that are welcoming to the public and hygienic for both the public and animals and to prevent disease; cleaning shall be conducted in accordance with a protocol developed in coordination with a licensed veterinarian and shall require that animals not be exposed to water from hoses or sprays, cleaning solutions, detergents, solvents, and chemicals; and

(4) prompt and necessary veterinary care sufficient to alleviate any pain caused by disease or injury, to prevent a condition from worsening, and to allow them to leave the shelter in reasonable condition, including, but not limited to, preventative vaccinations, cage rest, fluid therapy, pain management, and antibiotics.

(d) Animal shelters and animal control facilities shall take appropriate action to ensure that all animals are checked as soon as possible, but no more than 24 hours, after impoundment for all available methods of identification, including microchips, identification tags, and licenses. When stray dogs and cats are accepted by an animal shelter and no owner can be identified, the shelter shall hold the animal for the period specified in local ordinance prior to adoption, transfer, or euthanasia. The animal shelter shall allow access to the public to view the animals housed there. If a dog is identified by an owner who desires to make redemption of it, the dog shall be transferred to the local animal control for redemption. If no transfer can occur, the animal shelter shall proceed pursuant to Section 3.7. Upon lapse of the hold period specified in local ordinance and no owner can be identified, ownership of the animal, by operation of law, transfers to the shelter that has custody of the animal.

(d-5) Animal shelters and animal control facilities shall maintain continuously updated lists of animals reported lost and found and shall regularly, but no less than once daily, check these lists against animals in the animal shelter or animal control facility for matches. Animal shelters and animal control facilities shall also post on the Internet a photograph of and information on each stray animal impounded by the animal shelter or animal control facility with sufficient detail to allow the animal to be recognized and claimed by its owner.

(d-10) If a possible owner of an animal is identified, the animal shelter or animal control facility shall undertake due diligence to notify the owner or caretaker of the whereabouts of the animal and any procedures available for the lawful recovery of the animal. These efforts shall include, but are not limited to, notifying the possible owner by telephone, mail, or personal service to the last known address.

(d-15) No animal shelter or animal control facility shall ban, bar, limit, or otherwise obstruct the adoption or transfer of any animal based on the animal's breed, breed mix, species, age, color, appearance, or size.

(d-20) Animal shelters and animal control facilities shall make available online to the public a monthly and annual summary that includes the following information:

(1) the number of animals impounded;

(2) the number of animals who were killed (A) by the animal shelter or animal control facility, (B) at the animal shelter's or animal control facility's direction, (C) with the animal shelter's or animal control facility's permission, or (D) by a representative of the animal shelter or animal control facility;

(3) the number of animals who died, were lost, or were stolen while in the direct or constructive care of the animal shelter or animal control facility;

(4) the number of animals who were returned to their owners;

(5) the number of animals who were adopted;

(6) the number of animals who were transferred to other animal shelters; and

(7) the number of animals who were sterilized and then released.

(e) No representative of an animal shelter may enter private property and remove an animal without permission from the property owner and animal owner, nor can any representative of an animal shelter direct another individual to enter private property and remove an animal unless that individual is an approved humane investigator (approved by the Department) operating pursuant to the provisions of the Humane Care for Animals Act.

(f) Nothing in this Section limits an animal shelter and an animal control facility who, through mutual agreement, wish to enter into an agreement for animal control, boarding, holding, measures to improve life-saving, or other services provided that the agreement requires parties adhere to the provisions of the Animal Control Act, the Humane Euthanasia in Animal Shelters Act, and the Humane Care for Animals Act.

(Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17; 100-870, eff. 1-1-19.)

(225 ILCS 605/3.9 new)

Sec. 3.9. Euthanasia at animal shelters and animal control facilities.

(a) Animal shelters and animal control facilities may not euthanize an animal only because the holding periods required under subsection (b) of Section 3.6 have expired. Before an animal is euthanized, an animal shelter or animal control facility must meet the following conditions:

(1) there are no empty cages, kennels, or other living environments in the animal shelter or animal control facility;

(2) the animal is unable to share a cage or kennel with another animal;

(3) the animal shelter or animal control facility has made a plea to foster homes and a foster home is not available;

(4) the notifications required in Section 3.6 have been made and no former owner or finder is willing to accept the animal;

(5) the animal is unable to be transferred to another animal shelter that has room to house the animal;

(6) the animal is not a healthy community cat (healthy community cats shall be sterilized and returned to their habitats in lieu of killing);

(7) the animal has been determined to be medically untreatable by a licensed veterinarian or the dog is determined to be vicious to people and the prognosis for rehabilitation is determined to be poor to grave by a behaviorist;

(8) all mandates, programs, and services of Section 3.6 have been met; and

(9) a manager or supervisor of the animal shelter or animal control facility certifies that the animal shelter or animal control facility has no other alternative and provides the reasons no alternatives exist.

(b) The determination that all conditions of subsection (a) have been met shall be made in writing, be signed by a manager or supervisor of the animal shelter or animal control facility, and be made available for free public inspection for no less than 3 years.

(225 ILCS 605/3.10 new)

Sec. 3.10. Enforcement. Any person may seek declaratory or injunctive relief to compel an animal shelter or animal control facility to comply with subsections (b), (c), (d), (d-5), (d-10), (d-15), or (d-20) of Section 3.6 or Section 3.9.