HB1166 97TH GENERAL ASSEMBLY

LRB097 06507 CEL 46591 b

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

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning animals.

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

Section 5. The Animal Control Act is amended by changing Section 3 as follows:

(510 ILCS 5/3) (from Ch. 8, par. 353)

Sec. 3. The County Board Chairman with the consent of the County Board shall appoint an Administrator. Appointments shall be made as necessary to keep this position filled at all times. The Administrator may appoint as many Deputy Administrators and Animal Control Wardens to aid him or her as authorized by the Board. The compensation for the Administrator, Deputy Administrators, and Animal Control Wardens shall be fixed by the Board. The Administrator may be removed from office by the County Board Chairman, with the consent of the County Board.

The Board shall provide necessary personnel, training, equipment, supplies, and facilities, and shall operate pounds or contract for their operation as necessary to effectuate the program. The Board may enter into contracts or agreements with persons to assist in the operation of the program and may establish a county animal population control program.

The Board shall be empowered to utilize monies from their General Corporate Fund to effectuate the intent of this Act.

The Board is authorized by ordinance to require the registration and may require microchipping of dogs and cats. The Board shall impose an individual dog or cat registration fee with a minimum differential of $10 for intact dogs or cats. Ten dollars of the differential shall be placed either in a county animal population control fund or in the State's Pet Population Control Fund. If the money is placed in the county animal population control fund it shall be used to (i) spay, neuter, or sterilize adopted dogs or cats or (ii) spay or neuter dogs or cats owned by low income county residents who are eligible for the Food Stamp Program. All persons selling dogs or cats or keeping registries of dogs or cats shall cooperate and provide information to the Administrator as required by Board ordinance, including sales, number of litters, and ownership of dogs and cats. If microchips are required, the microchip number may serve as the county animal control registration number.

A person must obtain a permit from the Board to possess 7 or more companion animals, as defined in the Humane Care for Animals Act. Failure to receive a permit for the possession of 7 or more companion animals is a violation of this Section and a person is guilty of a Class B misdemeanor. A second or subsequent violation is a Class 4 felony with every day that a violation continues constituting a separate offense.

In obtaining information required to implement this Act, the Department shall have power to subpoena and bring before it any person in this State and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law for civil cases in courts of this State.

The Director shall have power to administer oaths to witnesses at any hearing which the Department is authorized by law to conduct, and any other oaths required or authorized in any Act administered by the Department.

This Section does not apply to feral cats.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

Section 10. The Humane Care for Animals Act is amended by changing Section 2.10 as follows:

(510 ILCS 70/2.10)

Sec. 2.10. Companion animal hoarder. "Companion animal hoarder" means a person who (i) possesses 7 or more a large number of companion animals; (ii) fails to or is unable to provide what he or she is required to provide under Section 3 of this Act; (iii) keeps the companion animals in a severely overcrowded environment; and (iv) displays an inability to recognize or understand the nature of or has a reckless disregard for the conditions under which the companion animals are living and the deleterious impact they have on the companion animals' and owner's health and well-being.

(Source: P.A. 92-454, eff. 1-1-02.)