Full Text of HB1166 97th General Assembly
HB1166 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1166 Introduced 02/08/11, by Rep. Patrick J. Verschoore SYNOPSIS AS INTRODUCED: |
| 510 ILCS 5/3 | from Ch. 8, par. 353 | 510 ILCS 70/2.10 | |
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Amends the Humane Care for Animals Act. Provides that the definition of a "companion animal hoarder" means a person who is in possession of 7 or more companion animals in addition to other requirements. Amends the Animal Control Act. Provides that a person must obtain a permit from the Board to possess 7 or more companion animals. Provides that a failure to receive a permit for the possession of 7 or more companion animals is a violation and a person is guilty of a Class B
misdemeanor and a second or subsequent violation is a Class 4 felony with every
day that a violation continues constituting a separate offense.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning animals.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Animal Control Act is amended by changing | 5 | | Section 3 as follows:
| 6 | | (510 ILCS 5/3) (from Ch. 8, par. 353)
| 7 | | Sec. 3. The County Board Chairman
with the consent of the | 8 | | County Board
shall appoint an Administrator. Appointments | 9 | | shall be made as
necessary to keep this position filled at all | 10 | | times. The Administrator
may appoint as many Deputy | 11 | | Administrators and Animal Control Wardens to
aid him or her as | 12 | | authorized by the Board. The compensation for the
| 13 | | Administrator, Deputy Administrators, and Animal Control | 14 | | Wardens shall
be fixed by the Board. The Administrator may be | 15 | | removed from office by
the County Board Chairman, with the | 16 | | consent of the County Board.
| 17 | | The Board shall provide necessary personnel, training, | 18 | | equipment,
supplies, and
facilities, and shall operate pounds | 19 | | or contract for their operation as
necessary to effectuate the | 20 | | program. The Board may enter into contracts
or agreements with | 21 | | persons to assist in the operation of the program and may | 22 | | establish a county animal population control program.
| 23 | | The Board shall be empowered to utilize monies from their |
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| 1 | | General
Corporate Fund to effectuate the intent of this Act.
| 2 | | The Board is authorized by ordinance to require the | 3 | | registration and
may require microchipping of
dogs and cats.
| 4 | | The Board shall
impose an individual dog or cat registration | 5 | | fee with a minimum differential of $10 for intact dogs or cats. | 6 | | Ten dollars of the differential shall be placed either in a | 7 | | county animal population control fund or in the State's Pet | 8 | | Population Control Fund. If the money is placed in the county | 9 | | animal population control fund it shall be used to (i) spay, | 10 | | neuter, or sterilize adopted dogs or cats or (ii) spay or | 11 | | neuter dogs or cats owned by low income county residents who | 12 | | are eligible for the Food Stamp Program. All persons
selling | 13 | | dogs or cats or keeping registries of dogs or cats shall
| 14 | | cooperate and
provide
information
to the Administrator as | 15 | | required by Board ordinance, including sales,
number of | 16 | | litters, and
ownership
of dogs and cats. If microchips are | 17 | | required, the microchip number may
serve as the county animal
| 18 | | control registration number.
| 19 | | A person must obtain a permit from the Board to possess 7 | 20 | | or more companion animals, as defined in the Humane Care for | 21 | | Animals Act. Failure to receive a permit for the possession of | 22 | | 7 or more companion animals is a violation of this Section and | 23 | | a person is guilty of a Class B
misdemeanor. A second or | 24 | | subsequent violation is a Class 4 felony with every
day that a | 25 | | violation continues constituting a separate offense. | 26 | | In obtaining information required to implement this Act, |
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| 1 | | 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.
| 6 | | The Director shall have power to
administer
oaths to | 7 | | witnesses at any hearing which the Department is authorized by
| 8 | | law to conduct, and any other oaths required or authorized in | 9 | | any Act
administered
by the Department.
| 10 | | This Section does not apply to feral cats.
| 11 | | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| 12 | | Section 10. The Humane Care for Animals Act is amended by | 13 | | changing Section 2.10 as follows:
| 14 | | (510 ILCS 70/2.10)
| 15 | | Sec. 2.10. Companion animal hoarder. "Companion animal | 16 | | hoarder" means a
person who (i) possesses 7 or more a large | 17 | | number of companion animals; (ii) fails to or
is unable to | 18 | | provide what he or she is required to provide under Section 3 | 19 | | of
this Act; (iii) keeps the companion animals in a severely | 20 | | overcrowded
environment; and (iv) displays an inability to | 21 | | recognize or understand the
nature of or has a reckless | 22 | | disregard for the conditions under which the
companion animals | 23 | | are living and the deleterious impact they have on the
| 24 | | companion animals' and owner's health and well-being.
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| 1 | | (Source: P.A. 92-454, eff. 1-1-02.)
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