SB 61

Abstract

Amends the Animal Welfare Act. Provides that an animal shelter, animal control facility, or rescue group or transfer group shall not adopt out any dog or adopt out or return or release any cat unless it has been sterilized and microchipped. Increases administrative fines imposed by the Department of Agriculture for a violation of the Act. Increases fees for licenses issued under the Act. Provides that all fees, fines, and other money received by the Department under the Act shall be paid into the Department of Agriculture Animal Welfare Fund (rather than the General Revenue Fund) in the State Treasury for use in administering the Act. Amends the Animal Control Act. Provides that rabies impoundment, definitions, and the provisions of the Act are exclusive powers and functions of the State. Provides that the following administrative fines shall be imposed by the Department upon any entity that violates the Act or any rule adopted by the Department under this Act: (1) for the first violation, a fine of $3,000; (2) for a second violation that occurs within 2 years after the first violation, a fine of $5,000; and (3) for a third violation that occurs within 3 years of the first violation a fine of $10,000. Provides that all fees, fines, and other moneys received by the Department under the Act shall be paid into the Department of Agriculture Animal Welfare Fund in the State Treasury for use in administering the Act. Makes conforming changes to the State Finance Act. Makes other changes. Senate Committee Amendment No. 1 Deletes reference to: 30 ILCS 105/5.891 new 225 ILCS 605/22 510 ILCS 5/2.19-2 new 510 ILCS 5/28 new Adds reference to: 510 ILCS 5/2.16 from Ch. 8, par. 352.16 510 ILCS 5/2.19a-5 new Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that if a person or entity fails or refuses to pay an administrative fine imposed by the Department of Agriculture for a violation of the Animal Welfare Act, the Department may prohibit that person or entity from renewing a license under the Act until the fine is paid in full. Provides that any penalty of $500 or more not paid within 120 days of issuance by the Department shall be submitted to the Department of Revenue for collection as provided under the Illinois State Collection Act of 1986. Changes references in the introduced bill from rescue group or transfer group to "transport group". Modifies the definitions of "owner", "release", and "return". Deletes references to the Department of Agriculture Animal Welfare Fund and certain administrative fines. Deletes language providing that rabies impoundment, definitions, and the provisions of the Act are exclusive powers and functions of the State. Makes other changes. Effective immediately. Senate Committee Amendment No. 2 Deletes reference to: 510 ILCS 5/2.19-1 new 510 ILCS 5/2-19a-5 new Adds reference to: 225 ILCS 605/7 from Ch. 8, par. 307 Replaces everything after the enacting clause with the provisions of Senate Amendment No. 1, and makes the following changes: Changes the definition of "foster home". Deletes the definitions of "release" and "transport group". Provides that the written agreement shall include a clause allowing for the Department of Agriculture to inspect a foster home. Provides that refusal of a Department inspection of a foster home may result in revocation of the foster home's license. Provides that the report of intake and outcome statistics included in an application for license renewal shall include the amount of cats returned in field (rather than animals released in field; trapped, neutered, released). Provides that administrative fines may (rather than shall) be imposed by the Department. Effective immediately. Senate Floor Amendment No. 4 Deletes language that provides that an animal shelter or animal control facility may adopt out a dog or cat that has not been sterilized and microchipped if the cat or dog is less than 5 months of age and the licensee takes the animal to a licensed veterinarian for sterilization and the adopting owner picks up the animal from the veterinarian after the sterilizing procedures have been performed on the animal. Deletes language that provides that the adopting owner is responsible for all veterinary and boarding fees. Provides that an animal control facility or animal shelter shall not adopt or release any dog or cat to anyone other than the owner or a foster home unless the animal has been rendered incapable of reproduction and microchipped. Makes technical changes.