Bill Text: IL SB2313 | 2017-2018 | 100th General Assembly | Enrolled

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Bill Title: Amends the Animal Control Act. Provides that ten dollars of the differential shall be placed either in a county animal population control fund (rather than or the State's Pet Population Control Fund). Provides that the dog's owner shall pay a $25 public safety fine to be deposited into the county animal control fund or the county pet population control fund (rather than $20 of which shall be deposited into the Pet Population Control Fund and $5 of which shall be retained by the county or municipality). Deletes language providing that an animal control agency shall assist and share information with the Director of Public Health in the collection of public safety fines. Provides that the owner of a biting animal must also remit a $25 public safety fine to be deposited into the county animal control fund (rather than to the Department of Public Health, for deposit into the Pet Population Control Fund). Provides that if a dog is found to be a vicious dog, the owner shall pay a $100 public safety fine to be deposited into the county animal control fund (rather than the Pet Population Control Fund). Provides that if a dog is deemed dangerous, a $50 public safety fine to be deposited into the county animal control fund (rather than the Pet Population Control Fund). Amends the Illinois Public Health and Safety Animal Population Control Act. Deletes language providing that the Director of Public Health must make an annual written report relative to the progress of the program to the President of the Senate, the Speaker of the House of Representatives, and the Governor. Makes changes to the definitions of "Director" and "Department". Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2018-08-10 - Public Act . . . . . . . . . 100-0787 [SB2313 Detail]

Download: Illinois-2017-SB2313-Enrolled.html



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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 Animal Control Act is amended by changing
5Sections 3, 9, 10, 13, 15, and 15.1 as follows:
6 (510 ILCS 5/3) (from Ch. 8, par. 353)
7 Sec. 3. The County Board Chairman with the consent of the
8County Board shall appoint an Administrator. Appointments
9shall be made as necessary to keep this position filled at all
10times. The Administrator may appoint as many Deputy
11Administrators and Animal Control Wardens to aid him or her as
12authorized by the Board. The compensation for the
13Administrator, Deputy Administrators, and Animal Control
14Wardens shall be fixed by the Board. The Administrator may be
15removed from office by the County Board Chairman, with the
16consent of the County Board.
17 The Board shall provide necessary personnel, training,
18equipment, supplies, and facilities, and shall operate pounds
19or contract for their operation as necessary to effectuate the
20program. The Board may enter into contracts or agreements with
21persons to assist in the operation of the program and may
22establish a county animal population control program.
23 The Board shall be empowered to utilize monies from their

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1General Corporate Fund to effectuate the intent of this Act.
2 The Board is authorized by ordinance to require the
3registration and may require microchipping of dogs and cats.
4The Board shall impose an individual dog or cat registration
5fee with a minimum differential of $10 for intact dogs or cats.
6Ten dollars of the differential shall be placed either in a
7county animal population control fund or in the State's Pet
8Population Control Fund. All persons selling dogs or cats or
9keeping registries of dogs or cats shall cooperate and provide
10information to the Administrator as required by Board
11ordinance, including sales, number of litters, and ownership of
12dogs and cats. If microchips are required, the microchip number
13may serve as the county animal control registration number.
14 In obtaining information required to implement this Act,
15the Department shall have power to subpoena and bring before it
16any person in this State and to take testimony either orally or
17by deposition, or both, with the same fees and mileage and in
18the same manner as prescribed by law for civil cases in courts
19of this State.
20 The Director shall have power to administer oaths to
21witnesses at any hearing which the Department is authorized by
22law to conduct, and any other oaths required or authorized in
23any Act administered by the Department.
24 This Section does not apply to feral cats.
25(Source: P.A. 100-405, eff. 1-1-18.)

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1 (510 ILCS 5/9) (from Ch. 8, par. 359)
2 Sec. 9. Any dog found running at large contrary to
3provisions of this Act may be apprehended and impounded. For
4this purpose, the Administrator shall utilize any existing or
5available animal control facility or licensed animal shelter.
6The dog's owner shall pay a $25 public safety fine to be
7deposited into the county animal control fund or the county pet
8population control fund , $20 of which shall be deposited into
9the Pet Population Control Fund and $5 of which shall be
10retained by the county or municipality. Funds transferred to or
11retained by a municipality before the effective date of this
12amendatory Act of the 100th General Assembly under this
13paragraph shall continue to be transferred to and be retained
14by that municipality. A dog found running at large contrary to
15the provisions of this Act a second or subsequent time must be
16spayed or neutered within 30 days after being reclaimed unless
17already spayed or neutered; failure to comply shall result in
18impoundment.
19 A dog that is actively engaged in a legal hunting activity,
20including training, is not considered to be running at large if
21the dog is on land that is open to hunting or on land on which
22the person has obtained permission to hunt or to train a dog. A
23dog that is in a dog-friendly area or dog park is not
24considered to be running at large if the dog is monitored or
25supervised by a person.
26(Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08.)

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1 (510 ILCS 5/10) (from Ch. 8, par. 360)
2 Sec. 10. Impoundment; redemption. When dogs or cats are
3apprehended and impounded, they must be scanned for the
4presence of a microchip and examined for other currently
5acceptable methods of identification, including, but not
6limited to, identification tags, tattoos, and rabies license
7tags. The examination for identification shall be done within
824 hours after the intake of each dog or cat. The Administrator
9shall make every reasonable attempt to contact the owner as
10defined by Section 2.16, agent, or caretaker as soon as
11possible. The Administrator shall give notice of not less than
127 business days to the owner, agent, or caretaker prior to
13disposal of the animal. Such notice shall be mailed to the last
14known address of the owner, agent, or caretaker. Testimony of
15the Administrator, or his or her authorized agent, who mails
16such notice shall be evidence of the receipt of such notice by
17the owner, agent, or caretaker of the animal. A mailed notice
18shall remain the primary means of owner, agent, or caretaker
19contact; however, the Administrator shall also attempt to
20contact the owner, agent, or caretaker by any other contact
21information, such as by telephone or email address, provided by
22the microchip or other method of identification found on the
23dog or cat. If the dog or cat has been microchipped and the
24primary contact listed by the chip manufacturer cannot be
25located or refuses to reclaim the dog or cat, an attempt shall

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1be made to contact any secondary contacts listed by the chip
2manufacturer prior to adoption, transfer, or euthanization.
3Prior to transferring the dog or cat to another humane shelter,
4pet store, rescue group, or euthanization, the dog or cat shall
5be scanned again for the presence of a microchip and examined
6for other means of identification. If a second scan provides
7the same identifying information as the initial intake scan and
8the owner, agent, or caretaker has not been located or refuses
9to reclaim the dog or cat, the animal control facility may
10proceed with the adoption, transfer, or euthanization.
11 In case the owner, agent, or caretaker of any impounded dog
12or cat desires to make redemption thereof, he or she may do so
13by doing the following:
14 a. Presenting proof of current rabies inoculation and
15 registration, if applicable.
16 b. Paying for the rabies inoculation of the dog or cat
17 and registration, if applicable.
18 c. Paying the pound for the board of the dog or cat for
19 the period it was impounded.
20 d. Paying into the Animal Control Fund an additional
21 impoundment fee as prescribed by the Board as a penalty for
22 the first offense and for each subsequent offense.
23 e. Paying a $25 public safety fine to be deposited into
24 the county animal control fund or the county pet population
25 control fund Pet Population Control Fund; the fine shall be
26 waived if it is the dog's or cat's first impoundment and

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1 the owner, agent, or caretaker has the animal spayed or
2 neutered within 14 days.
3 f. Paying for microchipping and registration if not
4 already done.
5 The payments required for redemption under this Section
6shall be in addition to any other penalties invoked under this
7Act and the Illinois Public Health and Safety Animal Population
8Control Act. An animal control agency shall assist and share
9information with the Director of Public Health in the
10collection of public safety fines.
11(Source: P.A. 100-322, eff. 8-24-17.)
12 (510 ILCS 5/13) (from Ch. 8, par. 363)
13 Sec. 13. Dog or other animal bites; observation of animal.
14 (a) Except as otherwise provided in subsections (b) and (c)
15of this Section, when the Administrator or, if the
16Administrator is not a veterinarian, the Deputy Administrator
17receives information that any person has been bitten by an
18animal, the Administrator or, if the Administrator is not a
19veterinarian, the Deputy Administrator, or his or her
20authorized representative, shall have such dog or other animal
21confined under the observation of a licensed veterinarian. The
22confinement shall be for a period of not less than 10 days from
23the date the bite occurred and shall continue until the animal
24has been examined and released from confinement by a licensed
25veterinarian. The Administrator or, if the Administrator is not

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1a veterinarian, the Deputy Administrator may permit such
2confinement to be reduced to a period of less than 10 days.
3 (a-5) The owner, or if the owner is unavailable, an agent
4or caretaker of an animal documented to have bitten a person
5shall present the animal to a licensed veterinarian within 24
6hours. A veterinarian presented with an animal documented to
7have bitten a person shall make a record of the clinical
8condition of the animal immediately. At the end of the
9confinement period, the animal shall be examined by a licensed
10veterinarian, inoculated against rabies, if eligible, and
11microchipped, if the dog or cat has not been already, at the
12expense of the owner. The veterinarian shall submit a written
13report listing the owner's name, address, dates of confinement,
14dates of examination, species, breed, description, age, sex,
15and microchip number of the animal to the Administrator
16advising him or her of the clinical condition and the final
17disposition of the animal on appropriate forms approved by the
18Department. The Administrator shall notify the person who has
19been bitten, and in the case of confirmed rabies in the animal,
20the attending physician or responsible health agency advising
21of the clinical condition of the animal.
22 (a-10) When the Administrator or, if the Administrator is
23not a veterinarian, the Deputy Administrator or his or her
24authorized representative receives information that a person
25has been bitten by an animal and evidence is presented that the
26animal at the time the bite occurred was inoculated against

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1rabies within the time prescribed by law, the animal may be
2confined in a house, or in a manner which will prohibit the
3animal from biting a person, if the Administrator, Deputy
4Administrator, or his or her authorized representative
5determines the confinement satisfactory. The confinement shall
6be for a period of not less than 10 days from the date the bite
7occurred and shall continue until the animal has been examined
8and released from confinement by a licensed veterinarian. The
9Administrator or, if the Administrator is not a veterinarian,
10the Deputy Administrator may instruct the owner, agent, or
11caretaker to have the animal examined by a licensed
12veterinarian immediately. The Administrator or, if the
13Administrator is not a veterinarian, the Deputy Administrator
14may permit the confinement to be reduced to a period of less
15than 10 days. At the end of the confinement period, the animal
16shall be examined by a licensed veterinarian and microchipped,
17if the dog or cat is not already, at the expense of the owner.
18The veterinarian shall submit a written report listing the
19owner's name, address, dates of examination, species, breed,
20description, age, sex, and microchip number of the animal to
21the Administrator advising him or her of the clinical condition
22and the final disposition of the animal on appropriate forms
23approved by the Department. The Administrator shall notify the
24person who has been bitten and, in case of confirmed rabies in
25the animal, the attending physician or responsible health
26agency advising of the clinical condition of the animal.

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1 (a-15) Any person having knowledge that any person has been
2bitten by an animal shall notify the Administrator or, if the
3Administrator is not a veterinarian, the Deputy Administrator
4within 24 hours.
5 (a-20) It is unlawful for the owner of the animal to
6conceal the whereabouts, euthanize, sell, give away, or
7otherwise dispose of any animal known to have bitten a person,
8until it is examined and released from confinement by the
9Administrator or, if the Administrator is not a veterinarian,
10the Deputy Administrator, or licensed veterinarian. It is
11unlawful for the owner of the animal to refuse or fail to
12immediately comply with the instructions made by the
13Administrator or, if the Administrator is not a veterinarian,
14the Deputy Administrator, or his or her authorized
15representative. Any expense incurred in the handling of an
16animal under this Section and Section 12 shall be borne by the
17owner. The owner of a biting animal must also remit to the
18Department of Public Health, for deposit into the Pet
19Population Control Fund, a $25 public safety fine to be
20deposited into the county animal control fund within 30 days
21after notice.
22 (b) When a person has been bitten by a police dog that is
23currently vaccinated against rabies, the police dog may
24continue to perform its duties for the peace officer or law
25enforcement agency and any period of observation of the police
26dog may be under the supervision of a peace officer. The

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1supervision shall consist of the dog being locked in a kennel,
2performing its official duties in a police vehicle, or
3remaining under the constant supervision of its police handler.
4 (c) When a person has been bitten by a search and rescue
5dog that is currently vaccinated against rabies, the search and
6rescue dog may continue to perform its duties for the handler
7or owner or agency and any period of observation of the dog may
8be under the supervision of its handler or owner. The
9supervision shall consist of the dog being locked in a kennel,
10performing its official duties in a vehicle, or remaining under
11the constant supervision of its handler or owner.
12 (d) Any person convicted of violating subsection (a-20) of
13this Section is guilty of a Class A misdemeanor for a first
14violation. A second or subsequent violation is a Class 4
15felony.
16(Source: P.A. 99-658, eff. 7-28-16.)
17 (510 ILCS 5/15) (from Ch. 8, par. 365)
18 Sec. 15. (a) In order to have a dog deemed "vicious", the
19Administrator, Deputy Administrator, or law enforcement
20officer must give notice of the infraction that is the basis of
21the investigation to the owner, conduct a thorough
22investigation, interview any witnesses, including the owner,
23gather any existing medical records, veterinary medical
24records or behavioral evidence, and make a detailed report
25recommending a finding that the dog is a vicious dog and give

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1the report to the State's Attorney's Office and the owner. The
2Administrator, State's Attorney, Director or any citizen of the
3county in which the dog exists may file a complaint in the
4circuit court in the name of the People of the State of
5Illinois to deem a dog to be a vicious dog. Testimony of a
6certified applied behaviorist, a board certified veterinary
7behaviorist, or another recognized expert may be relevant to
8the court's determination of whether the dog's behavior was
9justified. The petitioner must prove the dog is a vicious dog
10by clear and convincing evidence. The Administrator shall
11determine where the animal shall be confined during the
12pendency of the case.
13 A dog may not be declared vicious if the court determines
14the conduct of the dog was justified because:
15 (1) the threat, injury, or death was sustained by a
16 person who at the time was committing a crime or offense
17 upon the owner or custodian of the dog, or was committing a
18 willful trespass or other tort upon the premises or
19 property owned or occupied by the owner of the animal;
20 (2) the injured, threatened, or killed person was
21 abusing, assaulting, or physically threatening the dog or
22 its offspring, or has in the past abused, assaulted, or
23 physically threatened the dog or its offspring; or
24 (3) the dog was responding to pain or injury, or was
25 protecting itself, its owner, custodian, or member of its
26 household, kennel, or offspring.

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1 No dog shall be deemed "vicious" if it is a professionally
2trained dog for law enforcement or guard duties. Vicious dogs
3shall not be classified in a manner that is specific as to
4breed.
5 If the burden of proof has been met, the court shall deem
6the dog to be a vicious dog.
7 If a dog is found to be a vicious dog, the owner shall pay a
8$100 public safety fine to be deposited into the county animal
9control fund Pet Population Control Fund, the dog shall be
10spayed or neutered within 10 days of the finding at the expense
11of its owner and microchipped, if not already, and the dog is
12subject to enclosure. If an owner fails to comply with these
13requirements, the animal control agency shall impound the dog
14and the owner shall pay a $500 fine plus impoundment fees to
15the animal control agency impounding the dog. The judge has the
16discretion to order a vicious dog be euthanized. A dog found to
17be a vicious dog shall not be released to the owner until the
18Administrator, an Animal Control Warden, or the Director
19approves the enclosure. No owner or keeper of a vicious dog
20shall sell or give away the dog without approval from the
21Administrator or court. Whenever an owner of a vicious dog
22relocates, he or she shall notify both the Administrator of
23County Animal Control where he or she has relocated and the
24Administrator of County Animal Control where he or she formerly
25resided.
26 (b) It shall be unlawful for any person to keep or maintain

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1any dog which has been found to be a vicious dog unless the dog
2is kept in an enclosure. The only times that a vicious dog may
3be allowed out of the enclosure are (1) if it is necessary for
4the owner or keeper to obtain veterinary care for the dog, (2)
5in the case of an emergency or natural disaster where the dog's
6life is threatened, or (3) to comply with the order of a court
7of competent jurisdiction, provided that the dog is securely
8muzzled and restrained with a leash not exceeding 6 feet in
9length, and shall be under the direct control and supervision
10of the owner or keeper of the dog or muzzled in its residence.
11 Any dog which has been found to be a vicious dog and which
12is not confined to an enclosure shall be impounded by the
13Administrator, an Animal Control Warden, or the law enforcement
14authority having jurisdiction in such area.
15 If the owner of the dog has not appealed the impoundment
16order to the circuit court in the county in which the animal
17was impounded within 15 working days, the dog may be
18euthanized.
19 Upon filing a notice of appeal, the order of euthanasia
20shall be automatically stayed pending the outcome of the
21appeal. The owner shall bear the burden of timely notification
22to animal control in writing.
23 Guide dogs for the blind or hearing impaired, support dogs
24for persons with physical disabilities, accelerant detection
25dogs, and sentry, guard, or police-owned dogs are exempt from
26this Section; provided, an attack or injury to a person occurs

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1while the dog is performing duties as expected. To qualify for
2exemption under this Section, each such dog shall be currently
3inoculated against rabies in accordance with Section 8 of this
4Act. It shall be the duty of the owner of such exempted dog to
5notify the Administrator of changes of address. In the case of
6a sentry or guard dog, the owner shall keep the Administrator
7advised of the location where such dog will be stationed. The
8Administrator shall provide police and fire departments with a
9categorized list of such exempted dogs, and shall promptly
10notify such departments of any address changes reported to him.
11 (c) If the animal control agency has custody of the dog,
12the agency may file a petition with the court requesting that
13the owner be ordered to post security. The security must be in
14an amount sufficient to secure payment of all reasonable
15expenses expected to be incurred by the animal control agency
16or animal shelter in caring for and providing for the dog
17pending the determination. Reasonable expenses include, but
18are not limited to, estimated medical care and boarding of the
19animal for 30 days. If security has been posted in accordance
20with this Section, the animal control agency may draw from the
21security the actual costs incurred by the agency in caring for
22the dog.
23 (d) Upon receipt of a petition, the court must set a
24hearing on the petition, to be conducted within 5 business days
25after the petition is filed. The petitioner must serve a true
26copy of the petition upon the defendant.

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1 (e) If the court orders the posting of security, the
2security must be posted with the clerk of the court within 5
3business days after the hearing. If the person ordered to post
4security does not do so, the dog is forfeited by operation of
5law and the animal control agency must dispose of the animal
6through adoption or humane euthanization.
7(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
8 (510 ILCS 5/15.1)
9 Sec. 15.1. Dangerous dog determination.
10 (a) After a thorough investigation including: sending,
11within 10 business days of the Administrator or Director
12becoming aware of the alleged infraction, notifications to the
13owner of the alleged infractions, the fact of the initiation of
14an investigation, and affording the owner an opportunity to
15meet with the Administrator or Director prior to the making of
16a determination; gathering of any medical or veterinary
17evidence; interviewing witnesses; and making a detailed
18written report, an animal control warden, deputy
19administrator, or law enforcement agent may ask the
20Administrator, or his or her designee, or the Director, to deem
21a dog to be "dangerous". No dog shall be deemed a "dangerous
22dog" unless shown to be a dangerous dog by a preponderance of
23evidence. The owner shall be sent immediate notification of the
24determination by registered or certified mail that includes a
25complete description of the appeal process.

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1 (b) A dog shall not be declared dangerous if the
2Administrator, or his or her designee, or the Director
3determines the conduct of the dog was justified because:
4 (1) the threat was sustained by a person who at the
5 time was committing a crime or offense upon the owner or
6 custodian of the dog or was committing a willful trespass
7 or other tort upon the premises or property occupied by the
8 owner of the animal;
9 (2) the threatened person was abusing, assaulting, or
10 physically threatening the dog or its offspring;
11 (3) the injured, threatened, or killed companion
12 animal was attacking or threatening to attack the dog or
13 its offspring; or
14 (4) the dog was responding to pain or injury or was
15 protecting itself, its owner, custodian, or a member of its
16 household, kennel, or offspring.
17 (c) Testimony of a certified applied behaviorist, a board
18certified veterinary behaviorist, or another recognized expert
19may be relevant to the determination of whether the dog's
20behavior was justified pursuant to the provisions of this
21Section.
22 (d) If deemed dangerous, the Administrator, or his or her
23designee, or the Director shall order (i) the dog's owner to
24pay a $50 public safety fine to be deposited into the county
25animal control fund Pet Population Control Fund, (ii) the dog
26to be spayed or neutered within 14 days at the owner's expense

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1and microchipped, if not already, and (iii) one or more of the
2following as deemed appropriate under the circumstances and
3necessary for the protection of the public:
4 (1) evaluation of the dog by a certified applied
5 behaviorist, a board certified veterinary behaviorist, or
6 another recognized expert in the field and completion of
7 training or other treatment as deemed appropriate by the
8 expert. The owner of the dog shall be responsible for all
9 costs associated with evaluations and training ordered
10 under this subsection; or
11 (2) direct supervision by an adult 18 years of age or
12 older whenever the animal is on public premises.
13 (e) The Administrator may order a dangerous dog to be
14muzzled whenever it is on public premises in a manner that will
15prevent it from biting any person or animal, but that shall not
16injure the dog or interfere with its vision or respiration.
17 (f) Guide dogs for the blind or hearing impaired, support
18dogs for persons with a physical disability, and sentry, guard,
19or police-owned dogs are exempt from this Section; provided, an
20attack or injury to a person occurs while the dog is performing
21duties as expected. To qualify for exemption under this
22Section, each such dog shall be currently inoculated against
23rabies in accordance with Section 8 of this Act and performing
24duties as expected. It shall be the duty of the owner of the
25exempted dog to notify the Administrator of changes of address.
26In the case of a sentry or guard dog, the owner shall keep the

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1Administrator advised of the location where such dog will be
2stationed. The Administrator shall provide police and fire
3departments with a categorized list of the exempted dogs, and
4shall promptly notify the departments of any address changes
5reported to him or her.
6 (g) An animal control agency has the right to impound a
7dangerous dog if the owner fails to comply with the
8requirements of this Act.
9(Source: P.A. 99-143, eff. 7-27-15.)
10 Section 10. The Illinois Public Health and Safety Animal
11Population Control Act is amended by changing Sections 10, 20,
1225, 30, and 45 as follows:
13 (510 ILCS 92/10)
14 Sec. 10. Definitions. As used in this Act:
15 "Director" means the Service Head for Shelter Medicine
16Program at the University of Illinois College of Veterinary
17Medicine Director of Public Health.
18 "Department" means the University of Illinois College of
19Veterinary Medicine Department of Public Health.
20 "Companion animal" means any domestic dog (canis lupus
21familiaris) or domestic cat (felis catus).
22 "Fund" means the Pet Population Control Fund established in
23this Act.
24(Source: P.A. 94-639, eff. 8-22-05.)

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1 (510 ILCS 92/20)
2 Sec. 20. Program established. The Department shall
3establish and implement an Illinois Public Health and Safety
4Animal Population Control Program by December 31, 2005. The
5purpose of this program is to reduce the population of unwanted
6and stray dogs and cats in Illinois by encouraging the owners
7of dogs and cats to have them permanently sexually sterilized
8and vaccinated, thereby reducing potential threats to public
9health and safety. The program shall begin collecting funds on
10January 1, 2006 and shall begin distributing funds for
11vaccinations or spaying and neutering operations on January 1,
122007. No dog or cat imported from another state is eligible to
13be sterilized or vaccinated under this program. Beginning June
1430, 2007, the Director must make an annual written report
15relative to the progress of the program to the President of the
16Senate, the Speaker of the House of Representatives, and the
17Governor.
18(Source: P.A. 94-639, eff. 8-22-05.)
19 (510 ILCS 92/25)
20 Sec. 25. Eligibility to participate. A resident of the
21State who owns a dog or cat and who is eligible for the Food
22Stamp Program or the Social Security Disability Insurance
23Benefits Program shall be eligible to participate in the
24program at a reduced rate if the owner signs a consent form

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1certifying that he or she is the owner of the dog or cat or is
2authorized by the eligible owner to present the dog or cat for
3the procedure. An owner must submit proof of eligibility to the
4Department. Upon approval, the Department shall furnish an
5eligible owner with an eligibility voucher to be presented to a
6participating veterinarian. A resident of this State who is
7managing a feral cat colony and who humanely traps feral cats
8for spaying or neutering and return is eligible to participate
9in the program provided the trap, sterilize, and return program
10is recognized by the municipality or by the county, if it is
11located in an unincorporated area. The sterilization shall be
12performed by a University of Illinois College of Veterinary
13Medicine voluntarily participating veterinarian or supervised
14veterinary student under the supervision of a veterinarian. The
15co-payment for the cat or dog sterilization procedure and
16vaccinations shall be $15.
17(Source: P.A. 94-639, eff. 8-22-05.)
18 (510 ILCS 92/30)
19 Sec. 30. Veterinarian participation. Any University of
20Illinois College of Veterinary Medicine veterinarian or
21supervised veterinary student may participate in the program
22established under this Act. A veterinarian shall file with the
23Director an application, on which the veterinarian must supply,
24in addition to any other information requested by the Director,
25a fee schedule listing the fees charged for dog and cat

SB2313 Enrolled- 21 -LRB100 16402 SLF 31530 b
1sterilization, examination, and the presurgical immunizations
2specified in this Act in the normal course of business. The dog
3or cat sterilization fee may vary with the animal's weight,
4sex, and species. The Director shall compile the fees and
5establish reasonable reimbursement rates for the State.
6 The Director shall reimburse, to the extent funds are
7available, participating veterinarians for each dog or cat
8sterilization procedure administered. To receive this
9reimbursement, the veterinarian must submit a certificate
10approved by the Department on a form approved by the Director
11that must be signed by the veterinarian and the owner of the
12dog or cat or the feral cat caretaker. At the same time, the
13veterinarian must submit the eligibility voucher provided by
14the Department to the eligible owner. The Director shall notify
15all participating veterinarians if the program must be
16suspended for any period due to a lack of revenue and shall
17also notify all participating veterinarians when the program
18will resume. Veterinarians who voluntarily participate in this
19sterilization and vaccination program may decline to treat
20feral cats if they choose.
21 For all dogs and cats sterilized under this Act, the
22Director shall also reimburse, to the extent funds are
23available, participating veterinarians for (1) an examination
24fee and the presurgical immunization of dogs against rabies and
25other diseases pursuant to Department rules or (2) examination
26fees and the presurgical immunizations of cats against rabies

SB2313 Enrolled- 22 -LRB100 16402 SLF 31530 b
1and other diseases pursuant to Department rules. Reimbursement
2for the full cost of the covered presurgical immunizations
3shall be made by the Director to the participating veterinarian
4upon the written certification, signed by the veterinarian and
5the owner of the companion animal or the feral cat caretaker,
6that the immunization has been administered. There shall be no
7additional charges to the owner of a dog or cat sterilized
8under this Act or feral cat caretaker for examination fees or
9the presurgical immunizations.
10(Source: P.A. 94-639, eff. 8-22-05.)
11 (510 ILCS 92/45)
12 Sec. 45. Pet Population Control Fund. The Pet Population
13Control Fund is established as a special fund in the State
14treasury. The moneys generated from the public safety fines
15collected as provided in the Animal Control Act, from Pet
16Friendly license plates under Section 3-653 of the Illinois
17Vehicle Code, and from voluntary contributions must be kept in
18the Fund and shall be used only to sterilize and vaccinate dogs
19and cats in this State under pursuant to the program, to
20promote the sterilization program, to educate the public about
21the importance of spaying and neutering, and for reasonable
22administrative and personnel costs related to the Fund.
23(Source: P.A. 99-933, eff. 1-27-17.)
24 (510 ILCS 92/15 rep.)

SB2313 Enrolled- 23 -LRB100 16402 SLF 31530 b
1 Section 15. The Illinois Public Health and Safety Animal
2Population Control Act is amended by repealing Section 15.
3 Section 99. Effective date. This Act takes effect upon
4becoming law.
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