Illinois General Assembly - Full Text of HB3767
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Full Text of HB3767  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. Daniel J. Burke


510 ILCS 70/3.02
510 ILCS 70/8  from Ch. 8, par. 708
510 ILCS 70/3.09 rep.
510 ILCS 72/5
510 ILCS 72/35
510 ILCS 72/57

    Amends the Humane Care for Animals Act and the Humane Euthanasia in Animal Shelters Act. Prohibits the use of carbon monoxide as a euthanasia agent for companion animals. Provides that euthanasia of a companion animal shall only be performed using established injectable euthanasia agents. Provides that the use of other euthanasia agents on companion animals is aggravated cruelty.

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1    AN ACT concerning animals.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Humane Care for Animals Act is amended by
5changing Sections 3.02 and 8 as follows:
6    (510 ILCS 70/3.02)
7    Sec. 3.02. Aggravated cruelty.
8    (a) No person may intentionally commit an act that causes a
9companion animal to suffer serious injury or death. Aggravated
10cruelty does not include euthanasia of a companion animal
11through recognized methods approved by the Department of
12Agriculture unless prohibited under subsection (b).
13    (b) No person individual, except a licensed veterinarian as
14exempted under Section 3.09, may knowingly or intentionally
15euthanize or authorize the euthanasia of a companion animal by
16use of carbon monoxide. Euthanasia of a companion animal shall
17only be performed using established injectable euthanasia
19    (c) A person convicted of violating Section 3.02 is guilty
20of a Class 4 felony. A second or subsequent violation is a
21Class 3 felony. In addition to any other penalty provided by
22law, upon conviction for violating this Section, the court may
23order the convicted person to undergo a psychological or



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1psychiatric evaluation and to undergo any treatment at the
2convicted person's expense that the court determines to be
3appropriate after due consideration of the evaluation. If the
4convicted person is a juvenile or a companion animal hoarder,
5the court must order the convicted person to undergo a
6psychological or psychiatric evaluation and to undergo
7treatment that the court determines to be appropriate after due
8consideration of the evaluation.
9(Source: P.A. 96-780, eff. 8-28-09.)
10    (510 ILCS 70/8)  (from Ch. 8, par. 708)
11    Sec. 8. Rulemaking.
12    The Department shall administer this Act and shall adopt
13promulgate such rules and regulations as are necessary to
14effectuate the purposes of this Act. These Such rules and
15regulations are subject to the approval of the Advisory Board
16of Livestock Commissioners. No later than 6 months after the
17effective date of this amendatory Act of the 96th General
18Assembly, the Department shall adopt rules defining the
19"recognized methods for the humane euthanasia of companion
20animals" referred to in subsection (a) of Section 3.02 of this
21Act. No later than 6 months after the effective date of this
22amendatory Act of the 98th General Assembly, the Department
23shall adopt rules defining "established injectable euthanasia
24agents" as used in this Act subject to the approval of the
25Advisory Board of Livestock Commissioners.



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1    The Director may, in formulating rules under and
2regulations pursuant to this Act, seek the advice and
3recommendations of humane societies in this State.
4(Source: P.A. 96-780, eff. 8-28-09.)
5    (510 ILCS 70/3.09 rep.)
6    Section 10. The Humane Care for Animals Act is amended by
7repealing Section 3.09.
8    Section 15. The Humane Euthanasia in Animal Shelters Act is
9amended by changing Sections 5, 35, and 57 as follows:
10    (510 ILCS 72/5)
11    Sec. 5. Definitions. The following terms have the meanings
12indicated, unless the context requires otherwise:
13    "Animal" means any bird, fish, reptile, or mammal other
14than man.
15    "DEA" means the United States Department of Justice Drug
16Enforcement Administration.
17    "Department" means the Department of Professional
19    "Director" means the Director of the Department of
20Professional Regulation.
21    "Euthanasia agency" means an entity certified by the
22Department for the purpose of animal euthanasia that holds an
23animal control facility or animal shelter license under the



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1Animal Welfare Act and that permits only euthanasia technicians
2or veterinarians to perform the euthanasia of animals.
3    "Euthanasia drugs" means Schedule II or Schedule III
4substances (nonnarcotic controlled substances) as set forth in
5the Illinois Controlled Substances Act that are used by a
6euthanasia agency for the purpose of animal euthanasia.
7"Euthanasia drugs" include only established injectable
8euthanasia agents.
9    "Euthanasia technician" or "technician" means a person
10employed by a euthanasia agency or working under the direct
11supervision of a veterinarian and who is certified by the
12Department to administer euthanasia drugs to euthanize
14    "Veterinarian" means a person holding the degree of Doctor
15of Veterinary Medicine who is licensed under the Veterinary
16Medicine and Surgery Practice Act of 2004.
17(Source: P.A. 96-780, eff. 8-28-09.)
18    (510 ILCS 72/35)
19    Sec. 35. Technician certification; duties.
20    (a) An applicant for certification as a euthanasia
21technician shall file an application with the Department and
23        (1) Be 18 years of age.
24        (2) Be of good moral character. In determining moral
25    character under this Section, the Department may take into



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1    consideration whether the applicant has engaged in conduct
2    or activities that would constitute grounds for discipline
3    under this Act.
4        (3) Each applicant for certification as a euthanasia
5    technician shall have his or her fingerprints submitted to
6    the Department of State Police in an electronic format that
7    complies with the form and manner for requesting and
8    furnishing criminal history record information as
9    prescribed by the Department of State Police. These
10    fingerprints shall be checked against the Department of
11    State Police and Federal Bureau of Investigation criminal
12    history record databases now and hereafter filed. The
13    Department of State Police shall charge applicants a fee
14    for conducting the criminal history records check, which
15    shall be deposited in the State Police Services Fund and
16    shall not exceed the actual cost of the records check. The
17    Department of State Police shall furnish, pursuant to
18    positive identification, records of Illinois convictions
19    to the Department.
20        (4) Hold a license or certification from the American
21    Humane Association, the National Animal Control
22    Association, the Illinois Federation of Humane Societies,
23    or the Humane Society of the United States issued within 3
24    years preceding the date of application. Every 5 years a
25    certified euthanasia technician must renew his or her
26    certification with the Department. At the time of renewal,



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1    the technician must present proof that he or she attended a
2    class or seminar, administered by the American Humane
3    Association, the National Animal Control Association, the
4    Illinois Federation of Humane Societies, or the Humane
5    Society of the United States, that teaches techniques or
6    guidelines, or both, for humane animal euthanasia.
7        (5) Pay the required fee.
8    (b) The duties of a euthanasia technician shall include but
9are not limited to:
10        (1) preparing animals for euthanasia and scanning each
11    animal, prior to euthanasia, for microchips;
12        (2) accurately recording the dosages administered and
13    the amount of drugs wasted;
14        (3) ordering supplies;
15        (4) maintaining the security of all controlled
16    substances and drugs;
17        (5) humanely euthanizing animals via intravenous
18    injection by hypodermic needle, intraperitoneal injection
19    by hypodermic needle, or intracardiac injection only on
20    comatose animals by hypodermic needle; and
21        (6) properly disposing of euthanized animals after
22    verification of death.
23    (c) A euthanasia technician employed by a euthanasia agency
24may perform euthanasia by the administration of a Schedule II
25or Schedule III nonnarcotic controlled substance. A euthanasia
26technician may not personally possess, order, or administer a



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1controlled substance except as an agent of the euthanasia
2agency. When performing euthanasia, a euthanasia technician
3shall only use established injectable euthanasia agents.
4    (d) Upon termination from a euthanasia agency, a euthanasia
5technician shall not perform animal euthanasia until he or she
6is employed by another certified euthanasia agency.
7    (e) A certified euthanasia technician or an instructor in
8an approved course does not engage in the practice of
9veterinary medicine when performing duties set forth in this
11(Source: P.A. 96-780, eff. 8-28-09.)
12    (510 ILCS 72/57)
13    Sec. 57. Procedures for euthanasia.
14    (a) Only euthanasia drugs shall be used for the purpose of
15humanely euthanizing injured, sick, homeless, or unwanted
16companion animals in an animal shelter or an animal control
17facility licensed under the Illinois Animal Welfare Act, except
18that a licensed veterinarian may euthanize companion animals in
19such a shelter or facility by the use of carbon monoxide if the
20veterinarian complies with the requirements set forth in
21Section 3.09 of the Humane Care for Animals Act. Euthanasia by
22a certified euthanasia technician shall be conducted only
23within the physical premises of an animal shelter licensed
24under the Animal Welfare Act or an animal control facility
25licensed under the Animal Welfare Act, except that a certified



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1euthanasia technician employed by an animal control facility
2licensed under the Animal Welfare Act may euthanize animals in
3the field in emergency situations.
4    (b) (Blank).
5    (c) Animals cannot be transported beyond State lines for
6the sole purpose of euthanasia unless the euthanasia is
7performed by a licensed veterinarian in a manner that is
8consistent with subsection (a) of this Section.
9(Source: P.A. 96-780, eff. 8-28-09.)