Full Text of HB2924 98th General Assembly
HB2924ham001 98TH GENERAL ASSEMBLY | Rep. Laura Fine Filed: 3/13/2013
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| 1 | | AMENDMENT TO HOUSE BILL 2924
| 2 | | AMENDMENT NO. ______. Amend House Bill 2924 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Animal Welfare Act is amended by adding | 5 | | Sections 3.6, 20.6, 20.7, 20.8, 20.9, 20.10, and 21.5 as | 6 | | follows: | 7 | | (225 ILCS 605/3.6 new) | 8 | | Sec. 3.6. Public information required. Every animal | 9 | | shelter and animal control facility shall make all of the | 10 | | following disclosures on their website, if they have a website, | 11 | | and on a conspicuous sign in a prominent place in plain view of | 12 | | the public using the facility the following preceding year | 13 | | numbers on the number of: | 14 | | (1) dogs and cats taken in, adopted out, and | 15 | | euthanized; | 16 | | (2) dogs and cats found dead in the animal shelter or |
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| 1 | | animal control facility; | 2 | | (3) dogs and cats that were transferred to other animal | 3 | | shelters or animal rescue groups; and | 4 | | (4) animals by species received from seizures | 5 | | involving violations of the Criminal Code of 2012 or the | 6 | | Humane Care for Animals Act, and the number of seized | 7 | | animals by species adopted out, transferred, or | 8 | | euthanized. | 9 | | (225 ILCS 605/20.6 new) | 10 | | Sec. 20.6. Disclosures required. An animal shelter or | 11 | | animal control facility may charge a fee to people surrendering | 12 | | their animals. | 13 | | Every animal shelter and animal control facility shall, on | 14 | | its surrender forms, include a place that can be checked with a | 15 | | place for a phone number and email address where the person | 16 | | surrendering the dog or cat can be reached if the dog or cat is | 17 | | scheduled for euthanasia. The agent receiving the dog or cat | 18 | | shall orally ask the person surrendering the dog or cat if they | 19 | | want to be notified if the dog or cat is scheduled for | 20 | | euthanasia, and if they do want to be notified, the agent shall | 21 | | show the person where to fill in their contact information. | 22 | | Two business days prior to the scheduled euthanasia of the | 23 | | dog or cat, the person who surrendered the dog or a cat and who | 24 | | requested to be notified shall be contacted by reasonable | 25 | | commercial means. |
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| 1 | | If an animal shelter or animal control facility intends to | 2 | | euthanize the dog or cat on the same day it is surrendered, the | 3 | | animal shelter or animal control facility agent must orally | 4 | | inform the person surrendering the animal that it shall be | 5 | | euthanized that day and have the person surrendering the dog or | 6 | | cat sign an acknowledgement of probable euthanasia disposition | 7 | | form. This form shall be attached to the written surrender | 8 | | form. | 9 | | For animals surrendered by the owner to the animal shelter, | 10 | | ownership of the animal immediately vests in the animal | 11 | | shelter. | 12 | | (225 ILCS 605/20.7 new) | 13 | | Sec. 20.7. Refusal to adopt or transfer a dog or cat. An | 14 | | animal shelter or animal control facility may not refuse to | 15 | | adopt or transfer a dog or cat based solely on the animal's | 16 | | age, breed, type, breed mix, appearance, or size. | 17 | | (225 ILCS 605/20.8 new) | 18 | | Sec. 20.8. Remedies. If an animal shelter or animal control | 19 | | facility violates any provision of this Act, the Director may, | 20 | | in the name of the People of the State of Illinois and through | 21 | | the Attorney General of the State of Illinois, petition for an | 22 | | order enjoining the violation or an order enforcing compliance | 23 | | with this Act. Upon the filing of a verified petition in court, | 24 | | the court may issue a temporary restraining order, without |
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| 1 | | notice or bond, and may preliminarily or permanently enjoin the | 2 | | violation. If it is established that the animal shelter, animal | 3 | | control facility, person, or persons has violated or is | 4 | | violating the injunction, the court may punish the offender for | 5 | | contempt of court. Proceedings under this Section shall be in | 6 | | addition to, and not in lieu of, all other remedies and | 7 | | penalties provided by this Act, including, but not limited to, | 8 | | the private right of enforcement. | 9 | | (225 ILCS 605/20.9 new) | 10 | | Sec. 20.9. Injunctive relief. Injunctive relief shall be | 11 | | available under this Act. The court may, in its discretion, | 12 | | exercise all powers necessary to enforce this Act, including, | 13 | | but not limited to: injunction; revocation, forfeiture, or | 14 | | suspension of any license, charter, franchise, certificate, or | 15 | | other evidence of authority of any person to do business in | 16 | | this State; appointment of a receiver; dissolution of domestic | 17 | | corporations or association suspension or termination of the | 18 | | right of foreign corporations or associations to do business in | 19 | | this State; and restitution. | 20 | | (225 ILCS 605/20.10 new) | 21 | | Sec. 20.10. Standing and attorneys fees. Any person who has | 22 | | surrendered a dog or cat to an animal shelter or animal control | 23 | | facility that has violated this Act shall have standing to | 24 | | bring a civil action and enforce all remedies and sanctions |
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| 1 | | under this Act. A person who surrendered an animal who is | 2 | | successful in obtaining a judgment or a settlement shall be | 3 | | entitled to reasonable attorney's fees. | 4 | | (225 ILCS 605/21.5 new) | 5 | | Sec. 21.5. Home rule. This law shall apply to all animal | 6 | | shelters and animal control facilities operating in the State. | 7 | | This Section is a limitation of home rule powers and functions | 8 | | under subsection (h) of Section 6 of Article VII of the | 9 | | Illinois Constitution.
| 10 | | Section 99. Effective date. This Act takes effect January | 11 | | 1, 2014.".
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