Full Text of SB2612 93rd General Assembly
SB2612sam002 93RD GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 3/22/2004
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LRB093 20664 RAS 48776 a |
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| AMENDMENT TO SENATE BILL 2612
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| AMENDMENT NO. ______. Amend Senate Bill 2612, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the Dog | 6 |
| and Cat Overpopulation Control Act. | 7 |
| Section 5. Findings.
The General Assembly finds the | 8 |
| following: | 9 |
| (1) Controlling the dog and cat population would have a | 10 |
| significant benefit to the public health by aiding in the | 11 |
| prevention of dog attacks, reducing the number of dog and cat | 12 |
| bite cases involving children, and decreasing the number of | 13 |
| automobile accidents caused by stray dogs and cats. | 14 |
| (2) Controlling the dog and cat population will save | 15 |
| taxpayer dollars by reducing the number of dogs and cats | 16 |
| handled by county and municipal animal control agencies. A | 17 |
| similar program was implemented in New Hampshire in 1994 and | 18 |
| has significantly reduced the number of dogs and cats | 19 |
| euthanized in shelters in that state. Every dollar spent on the | 20 |
| New Hampshire neutering program has saved $3.15 in reduced | 21 |
| impoundment costs there. | 22 |
| Section 10. Definitions. For purposes of this Act: | 23 |
| "Director" means the Director of Agriculture. |
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| "Department" means the Department of Agriculture. | 2 |
| "Fund" means the Dog and Cat Overpopulation Control Fund | 3 |
| established in this Act. | 4 |
| Section 15. Program established. The Department shall | 5 |
| establish and implement a Dog and Cat Overpopulation Control | 6 |
| Program. The purpose of this program is to reduce the | 7 |
| population of unwanted and stray dogs and cats in Illinois by | 8 |
| encouraging the owners of dogs and cats to have them | 9 |
| permanently sexually sterilized, thereby reducing potential | 10 |
| threats to public health and safety. The program shall begin | 11 |
| collecting funds on January 1, 2005 and shall begin | 12 |
| distributing funds for spaying and neutering operations or | 13 |
| chemical sterilizations on January 1, 2006. No dog or cat | 14 |
| imported from another state is eligible to be sterilized under | 15 |
| this program. Beginning June 30, 2006, the Director must make | 16 |
| an annual written report concerning the progress of the program | 17 |
| to the President of the Senate, the Speaker of the House of | 18 |
| Representatives, and the Governor. | 19 |
| Section 20. Eligibility.
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| (a) A resident of this State who has adopted a dog or cat | 21 |
| from a licensed Illinois animal shelter shall be eligible to | 22 |
| participate in the program if the applicant signs a consent | 23 |
| form certifying that he or she is the owner of the dog or cat or | 24 |
| is authorized by the owner to present the dog or cat for the | 25 |
| procedure. The sterilization shall be performed by a | 26 |
| participating veterinarian, and the copayment for the | 27 |
| procedure shall be $30. | 28 |
| (b) A resident of the State who owns a dog or cat and who is | 29 |
| eligible for the Food Stamp Program, the Medicaid Program, or | 30 |
| the Disability Insurance Benefits Program shall also be | 31 |
| eligible to participate in the program at a reduced rate if the | 32 |
| applicant signs a consent form certifying that he or she is the |
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| owner of the dog or cat or is authorized by the owner to | 2 |
| present the dog or cat for the procedure. The sterilization | 3 |
| shall be performed by a participating veterinarian, and the | 4 |
| copayment for the procedure shall be $15. | 5 |
| Section 25. Veterinarian participation. Any veterinarian | 6 |
| licensed in this State may participate in the program | 7 |
| established under this Act. A veterinarian shall file with the | 8 |
| Director an application on which the veterinarian must supply, | 9 |
| in addition to any other information requested by the Director, | 10 |
| a fee schedule listing the fees charged for dog and cat | 11 |
| sterilization, examination, and the pre-surgical immunizations | 12 |
| specified in this Act in the normal course of business. The dog | 13 |
| or cat sterilization fee may vary with the animal's weight, | 14 |
| sex, and species. The Director may, however, disqualify from | 15 |
| participation in the program any veterinarian whose fees the | 16 |
| Director deems unreasonable. | 17 |
| The Director shall reimburse, to the extent funds are | 18 |
| available, participating veterinarians for 80% of the fee, less | 19 |
| payment paid by the owner to the veterinarian as provided in | 20 |
| this Act, for each dog or cat sterilization procedure | 21 |
| administered. To receive this reimbursement, the veterinarian | 22 |
| must submit a dog or cat preauthorization sterilization | 23 |
| certificate on a form approved by the Director that must be | 24 |
| signed by the veterinarian and the owner of the dog or cat. The | 25 |
| Director shall notify all participating veterinarians if the | 26 |
| program must be suspended for any period due to a lack of | 27 |
| revenue and shall also notify all participating veterinarians | 28 |
| when the program will resume. | 29 |
| For all dogs and cats sterilized under this Act, the | 30 |
| Director shall also reimburse, to the extent funds are | 31 |
| available, any licensed veterinarian of this State | 32 |
| participating in the program for (i) examination fees and the | 33 |
| pre-surgical immunizations of dogs against rabies and other |
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| immunizations such as distemper, hepatitis, leptospirosis, and | 2 |
| parvovirus or (ii) examination fees and the pre-surgical | 3 |
| immunizations of cats against rabies and other immunizations | 4 |
| such as feline panleukopenia, calici, pneumonitis, and | 5 |
| rhinotracheitis, as the case may be. Reimbursement for the full | 6 |
| cost of pre-surgical immunizations shall be made by the | 7 |
| Director to the participating veterinarian upon written | 8 |
| certification, signed by the veterinarian and the owner of the | 9 |
| dog or cat, that the immunization has been administered. There | 10 |
| shall be no additional charges to the owner of a dog or cat | 11 |
| sterilized under subsection (b) of Section 20 of this Act for | 12 |
| examination fees or pre-surgical immunizations. An owner of a | 13 |
| dog or cat sterilized under this Act who has adopted the dog or | 14 |
| cat from a licensed animal shelter shall pay the cost of all | 15 |
| pre-surgical immunizations and examination fees directly to | 16 |
| the participating veterinarian. | 17 |
| Section 30. Rulemaking. The Director shall adopt rules | 18 |
| concerning: | 19 |
| (1) the format and content of all forms required under | 20 |
| this Act; | 21 |
| (2) proof of eligibility; | 22 |
| (3) the administration of the fund; and | 23 |
| (4) any other matter necessary for the administration | 24 |
| of the Dog and Cat Overpopulation Control Program without the | 25 |
| approval of the livestock commission. | 26 |
| Section 35. Enforcement; administrative fine. Any person | 27 |
| who knowingly falsifies proof of eligibility for or | 28 |
| participation in any program under this Act, furnishes any | 29 |
| licensed veterinarian with inaccurate information concerning | 30 |
| the ownership of a dog or cat submitted for a sterilization | 31 |
| procedure, furnishes the Director with false information | 32 |
| concerning a dog or cat sterilization fee schedule or a dog or |
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| cat sterilization certificate submitted pursuant to this Act, | 2 |
| fails to remit to the Department of Agriculture on a quarterly | 3 |
| basis the appropriate amount of dog and cat population control | 4 |
| fees collected, or violates any provision of this Act may be | 5 |
| subject to an administrative fine not to exceed $1,000 for each | 6 |
| violation. | 7 |
| Section 40. Dog and Cat Overpopulation Control Fund. | 8 |
| (a) The Dog and Cat Overpopulation Control Fund is hereby | 9 |
| established as a special fund in the State Treasury. The moneys | 10 |
| generated from the fee collected under subsection (b) of this | 11 |
| Section must be kept in the Fund and shall only be used to | 12 |
| sterilize dogs and cats in this State pursuant to the program, | 13 |
| to promote the sterilization program, and for reasonable | 14 |
| administrative costs related to the Fund.
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| (b) Beginning January 1, 2005, each veterinarian in this | 16 |
| State who administers a rabies vaccination on a dog or cat in | 17 |
| addition to filling out the rabies inoculation certificate | 18 |
| shall collect a $3 dog and cat overpopulation control fee on | 19 |
| each vaccinated dog and cat. The veterinarian shall keep for | 20 |
| his or her own use $0.50 of the fee. The veterinarian shall | 21 |
| remit on a quarterly basis the remainder of the fees to the | 22 |
| Department of Agriculture to deposit in the Fund.
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| (c) The $3 dog and cat overpopulation control fee does not | 24 |
| apply to feral cats as defined in the Illinois Animal Control | 25 |
| Act.
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| Section 45. Repeal. If the Director's annual report | 27 |
| required under Section 15 in 2011 does not find that 30% fewer | 28 |
| cats and dogs were euthanized in Illinois animal shelters in | 29 |
| 2011 than in 2005, taking into account any change in the | 30 |
| statewide human population during the interim, this Act is | 31 |
| automatically repealed on July 1, 2011. |
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| Section 905. The State Finance Act is amended by changing | 2 |
| Section 8h and by adding Section
5.625 as follows:
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| (30 ILCS 105/5.625 new)
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| Sec. 5.625. The Dog and Cat Overpopulation Control Fund.
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| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 7 |
| Notwithstanding any other
State law to the contrary, the | 8 |
| Director of the
Governor's Office of Management and Budget
may | 9 |
| from time to time direct the State Treasurer and Comptroller to | 10 |
| transfer
a specified sum from any fund held by the State | 11 |
| Treasurer to the General
Revenue Fund in order to help defray | 12 |
| the State's operating costs for the
fiscal year. The total | 13 |
| transfer under this Section from any fund in any
fiscal year | 14 |
| shall not exceed the lesser of 8% of the revenues to be | 15 |
| deposited
into the fund during that year or 25% of the | 16 |
| beginning balance in the fund.
No transfer may be made from a | 17 |
| fund under this Section that would have the
effect of reducing | 18 |
| the available balance in the fund to an amount less than
the | 19 |
| amount remaining unexpended and unreserved from the total | 20 |
| appropriation
from that fund for that fiscal year. This Section | 21 |
| does not apply to any
funds that are restricted by federal law | 22 |
| to a specific use or to any funds in
the Motor Fuel Tax Fund or | 23 |
| the Hospital Provider Fund. No transfers may be made under this | 24 |
| Section from the Dog and Cat Overpopulation Control Fund.
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| Notwithstanding any
other provision of this Section,
the total | 26 |
| transfer under this Section from the Road Fund or the State
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| Construction Account Fund shall not exceed 5% of the revenues | 28 |
| to be deposited
into the fund during that year.
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| In determining the available balance in a fund, the | 30 |
| Director of the
Governor's Office of Management and Budget
may | 31 |
| include receipts, transfers into the fund, and other
resources | 32 |
| anticipated to be available in the fund in that fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 2 |
| amounts designated
under this Section as soon as may be | 3 |
| practicable after receiving the direction
to transfer from the | 4 |
| Director of the Governor's Office of Management and
Budget.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04.)
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| Section 910. The State Mandates Act is amended by adding | 7 |
| Section 8.28 as
follows:
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| (30 ILCS 805/8.28 new)
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| Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | 10 |
| of this
Act, no reimbursement by the State is required for the | 11 |
| implementation of
any mandate created by this amendatory Act of | 12 |
| the 93rd General Assembly.
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| Section 999. Effective date. This Act takes effect upon | 14 |
| becoming law.".
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