Bill Text: IL HB5004 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Humane Care for Animals Act. Provides that no person, except a veterinarian licensed in this State, using anesthesia, may surgically debark or silence a dog or cat. Provides that a veterinarian conducting a debarking procedure must file a written certification with the Department of Agriculture and the Department of Financial and Professional Regulation stating that the surgical debarking or silencing is medically necessary to treat or relieve an illness, disease, or injury or to correct a congenital abnormality that is causing or will cause the dog or cat medical harm or pain. Provides that a violation is a Class 3 felony for which a fine of not more than $2,500 or imprisonment for up to 5 years, or both, may be imposed.

Sponsorship: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2016-04-08 - House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [HB5004 Detail]

Download: Illinois-2015-HB5004-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB5004 Introduced , by Rep. Christine Winger SYNOPSIS AS INTRODUCED:
510 ILCS 70/3.08 new
Amends the Humane Care for Animals Act. Provides that no person, except a veterinarian licensed in this State, using anesthesia, may surgically debark or silence a dog or cat. Provides that a veterinarian conducting a debarking procedure must file a written certification with the Department of Agriculture and the Department of Financial and Professional Regulation, stating that the surgical debarking or silencing is medically necessary to treat or relieve an illness, disease, or injury, or correct a congenital abnormality that is causing or will cause the dog or cat medical harm or pain. Provides that violation of this provision is a Class 3 felony and may have a fine of not more than $2,500 imposed or imprisoned up to 5 years, or both fined and imprisoned.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning animals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Humane Care for Animals Act is amended by
adding Section 3.08 as follows:
(510 ILCS 70/3.08 new)
Sec. 3.08. Animal devocalization.
(a) No person shall surgically debark or silence a dog or
cat, or cause the surgical debarking or silencing of a dog or
cat, unless a veterinarian licensed in this State has filed a
written certification with the Department of Agriculture and
the Department of Financial and Professional Regulation,
stating that the surgical debarking or silencing is medically
necessary to treat or relieve an illness, disease, or injury,
or correct a congenital abnormality that is causing or will
cause the dog or cat medical harm or pain.
(b) The written certification described in subsection (a)
shall contain the date and description of the veterinarian's
examination and evaluation of the dog or cat, statement
certifying that surgical debarking or silencing is medically
necessary to treat or relieve an illness, disease, or injury,
or correct a congenital abnormality that is causing or will
cause the dog or cat harm or pain; any supporting diagnosis and

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findings, the name and current address and telephone number of
the dog or cat's owner or keeper, and the name and current
address and telephone number, State license number, and
signature of the veterinarian.
(c) No person, except a veterinarian licensed in this
State, using anesthesia, may surgically debark or silence a dog
or cat.
(d) Any person convicted of violation of this Section,
except for a failure to disclose the information under
subsection (e), is guilty of a Class 3 felony and may be fined
not more than $2,500, or fined and imprisoned. A court may also
order any person convicted under this Section to submit to a
mental health evaluation as determined by the court and undergo
any recommended counseling or treatment. In addition to any
other penalty provided by law, a person convicted under this
Section may be barred from owning or possessing any animals, or
living on the same property with any person who owns or
possesses animals, for a period of time deemed appropriate by
the court, and required to take humane education and pet
ownership and dog training classes as ordered by the court.
(e) Any person or business selling a dog or cat shall
disclose whether the dog or cat has been surgically debarked or
silenced and provide the purchaser with a copy of the
veterinarian certification.