Full Text of HB0315 94th General Assembly
HB0315ham001 94TH GENERAL ASSEMBLY
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Executive Committee
Filed: 3/2/2005
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| AMENDMENT TO HOUSE BILL 315
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| AMENDMENT NO. ______. Amend House Bill 315 by replacing the | 3 |
| title with the following: | 4 |
| "AN ACT concerning animals, which may be referred to as the | 5 |
| Anna Cieslewicz Act."; and
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| by replacing everything after the enacting clause with the | 7 |
| following: | 8 |
| "Section 1. Short title. This Act may be cited as the | 9 |
| Illinois Public Health and Safety Animal Population Control | 10 |
| Act. | 11 |
| Section 5. Findings. The General Assembly finds the | 12 |
| following:
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| (1) The number of unwanted or dangerous dogs and cats | 14 |
| has placed financial and logistic burden upon Illinois | 15 |
| counties and municipalities and presents a threat to public | 16 |
| safety. | 17 |
| (2) Reducing the number of unwanted or dangerous dogs | 18 |
| will work to lessen the administrative and operational | 19 |
| tasks and the amount of revenue expended by counties and | 20 |
| municipalities for animal control. | 21 |
| (3) An increase in rabies-vaccinated and spayed or | 22 |
| neutered pets will work to reduce the number of unwanted or | 23 |
| dangerous dogs and cats. |
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| (4) Access to statewide information and a means to | 2 |
| procure rabies vaccinations and spayed or neuter service to | 3 |
| financially disadvantaged pet owners will reduce the | 4 |
| number of unwanted and dangerous animals, promote public | 5 |
| safety, and assist counties and municipalities. | 6 |
| (5) This Act is established to provide a means by which | 7 |
| population control and rabies vaccinations may be | 8 |
| financed.
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| Section 10. Definitions. As used in this Act:
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| "Director" means the Director of Public Health.
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| "Department" means the Department of Public Health.
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| "Companion animal" means any domestic dog (canis lupus | 13 |
| familiaris) or domestic cat
(felis catus).
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| "Farm dog" means a dog that resides on a farming business. | 15 |
| "Fund" means the Illinois Public Health and Safety Animal | 16 |
| Population Control Fund established in this Act.
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| Section 15. Income tax checkoff. Each individual income tax | 18 |
| payer may contribute to the Illinois Public Health and Safety | 19 |
| Animal Population Control Fund through the income tax checkoff | 20 |
| described in Section 507EE of the Illinois Income Tax Act.
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| Section 20. Program established. The Department shall | 22 |
| establish and implement an Illinois Public Health and Safety | 23 |
| Animal Population Control Program by December 31, 2005. The | 24 |
| purpose of this program is to reduce the population of unwanted | 25 |
| and stray dogs and cats in Illinois by encouraging the owners | 26 |
| of dogs and cats to have them permanently sexually sterilized | 27 |
| and vaccinated, thereby reducing potential threats to public | 28 |
| health and safety. The program shall begin collecting funds on | 29 |
| January 1, 2006 and shall begin distributing funds for | 30 |
| vaccinations, spaying and neutering operations, or chemical | 31 |
| sterilizations in January, 2007. No dog or cat imported from |
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| another state is eligible to be sterilized or vaccinated under | 2 |
| this program. Beginning June 30, 2007, the Director must make | 3 |
| an annual written report relative to the progress of the | 4 |
| program to the President of the Senate, the Speaker of the | 5 |
| House of Representatives, and the Governor.
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| Section 25. Eligibility to participate. A resident of the | 7 |
| State who owns a dog or cat and who is eligible for the Food | 8 |
| Stamp Program, the Medicaid Program, or the Disability | 9 |
| Insurance Benefits Program shall be eligible to participate in | 10 |
| the program at a reduced rate if the owner signs a consent form | 11 |
| certifying that he or she is the owner of the dog or cat or is | 12 |
| authorized by the owner to present the dog or cat for the | 13 |
| procedure. A resident of this State who is managing a feral cat | 14 |
| colony and who humanely traps feral cats for spaying or | 15 |
| neutering and return is eligible to participate in the program | 16 |
| provided the trap, spay, neuter, and return program is | 17 |
| recognized by the municipality or by the county, if it is | 18 |
| located in an unincorporated area. The sterilization shall be | 19 |
| performed by a voluntarily participating veterinarian or | 20 |
| veterinary student under the supervision of a veterinarian. The | 21 |
| co-payment for the cat or dog sterilization procedure and | 22 |
| vaccinations shall be $15.
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| Section 30. Veterinarian participation. Any veterinarian | 24 |
| may participate in the program established under this Act. The | 25 |
| Director shall establish a reasonable schedule of rates for | 26 |
| reimbursement of examination, presurgical immunization, and | 27 |
| sterilization services specified in this Act. | 28 |
| The Director shall reimburse, to the extent funds are | 29 |
| available, participating veterinarians for each dog or cat | 30 |
| sterilization procedure administered. To receive this | 31 |
| reimbursement, the veterinarian must submit a dog or cat | 32 |
| preauthorization sterilization or vaccination certificate on a |
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| form approved by the Director that must be signed by the | 2 |
| veterinarian and the owner of the dog or cat or the feral cat | 3 |
| caretaker. The Director shall notify all participating | 4 |
| veterinarians if the program must be suspended for any period | 5 |
| due to a lack of revenue and shall also notify all | 6 |
| participating veterinarians when the program will resume. | 7 |
| Veterinarians who voluntarily participate in this | 8 |
| sterilization and vaccination program may decline to treat | 9 |
| feral cats if they choose.
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| For all dogs or cats sterilized under this Act, the | 11 |
| Director shall also reimburse, to the extent funds are | 12 |
| available, participating veterinarians for (1) an examination | 13 |
| fee and the presurgical immunization of dogs against rabies and | 14 |
| other diseases pursuant to Department rules or (2) examination | 15 |
| fees and the presurgical immunizations of cats against rabies | 16 |
| and other diseases pursuant to Department rules. Reimbursement | 17 |
| for the full cost of the covered presurgical immunizations | 18 |
| shall be made by the Director to the participating veterinarian | 19 |
| upon the written certification, signed by the veterinarian and | 20 |
| the owner of the companion animal or the feral cat caretaker, | 21 |
| that the immunization has been administered. There shall be no | 22 |
| additional charges to the owner of a dog or cat sterilized | 23 |
| under this Act or feral cat caretaker for examination fees or | 24 |
| the presurgical immunizations.
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| Section 35. Rulemaking. The Director shall adopt rules | 26 |
| relative to:
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| (1) Other immunizations covered.
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| (2) Format and content of all forms required under this | 29 |
| Act.
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| (3) Proof of eligibility.
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| (4) Administration of the Fund.
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| (5) Any other matter necessary for the administration | 33 |
| of this Act.
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| Section 40. Enforcement; administrative fine. Any person | 2 |
| who knowingly falsifies proof of eligibility for or | 3 |
| participation in any program under this Act, knowingly | 4 |
| furnishes any licensed veterinarian with inaccurate | 5 |
| information concerning the ownership of a dog or cat submitted | 6 |
| for a sterilization procedure, or violates any provision of | 7 |
| this Act may be subject to an administrative fine not to exceed | 8 |
| $500 for each violation.
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| Section 45. Illinois Public Health and Safety Animal | 10 |
| Population Control Fund.
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| (a) The Illinois Public Health and Safety Animal Population | 12 |
| Control Fund is established as a special fund in the State | 13 |
| treasury. The moneys generated from the fees collected under | 14 |
| subsection (b) of this Section, from Section 507EE of the | 15 |
| Illinois Income Tax Act, and from voluntary contributions must | 16 |
| be kept in the Fund and shall be used only to sterilize and | 17 |
| vaccinate dogs and cats in this State pursuant to the program, | 18 |
| to promote the sterilization program, to educate the public | 19 |
| about the importance of spaying and neutering, for grants to | 20 |
| counties and municipalities under the local grant program | 21 |
| established under this Section, and for reasonable | 22 |
| administrative and personnel costs related to the Fund. Ten | 23 |
| percent of the Fund shall be set aside and allocated each year | 24 |
| to the University of Illinois Veterinary School Urban Practice | 25 |
| Project of the Anthrozoologic Initiative to spay, neuter, and | 26 |
| vaccinate animals in underserved areas of Illinois.
Twenty | 27 |
| percent of the Fund shall be set aside for a local grant | 28 |
| program administered by the Department under the rules | 29 |
| established by the Department, through which counties and | 30 |
| municipalities that offer spaying and neutering services shall | 31 |
| receive reimbursement for a portion of their expenses in | 32 |
| offering those services. |
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| (b) Beginning January 1, 2006, each time a rabies tag is | 2 |
| issued by a veterinarian or county, the collecting entity | 3 |
| established by county ordinance shall collect a $3 public | 4 |
| safety fee on each vaccinated dog required to be registered | 5 |
| under the Animal Control Act. The fees shall be remitted for | 6 |
| the Department for deposit in the Fund on a quarterly basis. | 7 |
| Farm dogs and feral cats are exempt from the requirement of | 8 |
| this subsection.
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| Section 905. The State Finance Act is amended by changing | 10 |
| Section 8h and by adding Section 5.640 as follows: | 11 |
| (30 ILCS 105/5.640 new) | 12 |
| Sec. 5.640. Illinois Public Health and Safety Animal | 13 |
| Population Control Fund. | 14 |
| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 16 |
| (a) Except as provided in subsection (b), notwithstanding | 17 |
| any other
State law to the contrary, the Governor
may, through | 18 |
| June 30, 2007, from time to time direct the State Treasurer and | 19 |
| Comptroller to transfer
a specified sum from any fund held by | 20 |
| the State Treasurer to the General
Revenue Fund in order to | 21 |
| help defray the State's operating costs for the
fiscal year. | 22 |
| The total transfer under this Section from any fund in any
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| fiscal year shall not exceed the lesser of (i) 8% of the | 24 |
| revenues to be deposited
into the fund during that fiscal year | 25 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 26 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 27 |
| 2005 only, prior to calculating the July 1, 2004 final | 28 |
| balances, the Governor may calculate and direct the State | 29 |
| Treasurer with the Comptroller to transfer additional amounts | 30 |
| determined by applying the formula authorized in Public Act | 31 |
| 93-839
this amendatory Act of the 93rd General Assembly to the |
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| funds balances on July 1, 2003.
No transfer may be made from a | 2 |
| fund under this Section that would have the
effect of reducing | 3 |
| the available balance in the fund to an amount less than
the | 4 |
| amount remaining unexpended and unreserved from the total | 5 |
| appropriation
from that fund estimated to be expended for that | 6 |
| fiscal year. This Section does not apply to any
funds that are | 7 |
| restricted by federal law to a specific use, to any funds in
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| the Motor Fuel Tax Fund, the Hospital Provider Fund, or the | 9 |
| Medicaid Provider Relief Fund, or the Reviewing Court | 10 |
| Alternative Dispute Resolution Fund, or to any
funds to which | 11 |
| subsection (f) of Section 20-40 of the Nursing and Advanced | 12 |
| Practice Nursing Act applies. No transfers may be made under | 13 |
| this Section from the Illinois Public Health and Safety Animal | 14 |
| Population Control Fund. Notwithstanding any
other provision | 15 |
| of this Section, for fiscal year 2004,
the total transfer under | 16 |
| this Section from the Road Fund or the State
Construction | 17 |
| Account Fund shall not exceed the lesser of (i) 5% of the | 18 |
| revenues to be deposited
into the fund during that fiscal year | 19 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal | 20 |
| year 2005 through fiscal year 2007, no amounts may be | 21 |
| transferred under this Section from the Road Fund, the State | 22 |
| Construction Account Fund, the Criminal Justice Information | 23 |
| Systems Trust Fund, the Wireless Carrier Reimbursement Fund, or | 24 |
| the Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the | 26 |
| Governor
may include receipts, transfers into the fund, and | 27 |
| other
resources anticipated to be available in the fund in that | 28 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 30 |
| amounts designated
under this Section as soon as may be | 31 |
| practicable after receiving the direction
to transfer from the | 32 |
| Governor.
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| (b) This Section does not apply to any fund established | 34 |
| under the Community Senior Services and Resources Act.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 2 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 3 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; revised | 4 |
| 12-1-04.)
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| Section 910. The Illinois Income Tax Act is amended by | 6 |
| adding Section 507EE as follows: | 7 |
| (35 ILCS 5/507EE new) | 8 |
| Sec. 507EE. Illinois Public Health and Safety Animal | 9 |
| Population Control Fund checkoff. The Department must print on | 10 |
| its standard individual income tax form a provision indicating | 11 |
| that if the taxpayer wishes to contribute to the Illinois | 12 |
| Public Health and Safety Animal Population Control Fund, as | 13 |
| established in the Illinois Public Health and Safety Animal | 14 |
| Population Control Act, he or she may do so by stating the | 15 |
| amount of the contribution (not less than $1) on the return and | 16 |
| that the contribution will reduce the taxpayer's refund or | 17 |
| increase the amount of payment to accompany the return. Failure | 18 |
| to remit any amount of increased payment reduces the | 19 |
| contribution accordingly. This Section does not apply to any | 20 |
| amended return. | 21 |
| The Department of Revenue shall determine annually the | 22 |
| total amount contributed to the Fund pursuant to this Section | 23 |
| and shall notify the State Comptroller and the State Treasurer | 24 |
| of the amount to be transferred to the Illinois Public Health | 25 |
| and Safety Animal Population Control Fund, and upon receipt of | 26 |
| the notification the State Comptroller shall transfer the | 27 |
| amount.
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| Section 915. The Animal Control Act is amended by changing | 29 |
| Section 3 as follows:
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| (510 ILCS 5/3) (from Ch. 8, par. 353)
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| Sec. 3. The County Board Chairman
with the consent of the | 2 |
| County Board
shall appoint an Administrator. Appointments | 3 |
| shall be made as
necessary to keep this position filled at all | 4 |
| times. The Administrator
may appoint as many Deputy | 5 |
| Administrators and Animal Control Wardens to
aid him or her as | 6 |
| authorized by the Board. The compensation for the
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| Administrator, Deputy Administrators, and Animal Control | 8 |
| Wardens shall
be fixed by the Board. The Administrator may be | 9 |
| removed from office by
the County Board Chairman, with the | 10 |
| consent of the County Board.
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| The Board shall provide necessary personnel, training, | 12 |
| equipment,
supplies, and
facilities, and shall operate pounds | 13 |
| or contract for their operation as
necessary to effectuate the | 14 |
| program. The Board may enter into contracts
or agreements with | 15 |
| persons to assist in the operation of the program.
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| The Board shall be empowered to utilize monies from their | 17 |
| General
Corporate Fund to effectuate the intent of this Act.
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| The Board
is authorized by ordinance to require the | 19 |
| registration and
microchipping of
dogs
and cats
and
shall
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| impose an individual
animal and litter registration fee to be | 21 |
| deposited in a county animal control fund. In addition to the | 22 |
| rabies registration fee, pursuant to the Illinois Public Health | 23 |
| and Safety Animal Population Control Act, a $3 public safety | 24 |
| fee on each dog shall be collected and forwarded quarterly to | 25 |
| the Department of Public Health for deposit in the Illinois | 26 |
| Public Health and Safety Animal Population Control Fund . All | 27 |
| persons
selling dogs or cats or keeping registries of dogs or | 28 |
| cats shall
cooperate and
provide
information
to the | 29 |
| Administrator as required by Board ordinance, including sales,
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| number of litters, and
ownership
of dogs and cats. If | 31 |
| microchips are required, the microchip number may
shall
serve | 32 |
| as the county animal
control registration number. All
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| microchips shall have an operating frequency of 125 kilohertz.
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| In obtaining information required to implement this Act, |
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| the Department
shall have power to subpoena and bring before it | 2 |
| any person in this State
and to take testimony either orally or | 3 |
| by deposition, or both, with the
same fees and mileage and in | 4 |
| the same manner as prescribed by law for civil
cases in courts | 5 |
| of this State.
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| The Director shall have power to
administer
oaths to | 7 |
| witnesses at any hearing which the Department is authorized by
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| law to conduct, and any other oaths required or authorized in | 9 |
| any Act
administered
by the Department.
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| This Section does not apply to farm dogs or feral cats. As | 11 |
| used in this Section, "farm dog" means a dog that resides on a | 12 |
| farming business.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| Section 999. Effective date. This Act takes effect upon | 15 |
| becoming law.".
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