HB0315ham001 94TH GENERAL ASSEMBLY

Executive Committee

Filed: 3/2/2005

09400HB0315ham001 LRB094 06336 JAM 42119 a

AMENDMENT TO HOUSE BILL 315

AMENDMENT NO. ______. Amend House Bill 315 by replacing the title with the following:

"AN ACT concerning animals, which may be referred to as the Anna Cieslewicz Act."; and

by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Illinois Public Health and Safety Animal Population Control Act.

Section 5. Findings. The General Assembly finds the following:

(1) The number of unwanted or dangerous dogs and cats has placed financial and logistic burden upon Illinois counties and municipalities and presents a threat to public safety.

(2) Reducing the number of unwanted or dangerous dogs will work to lessen the administrative and operational tasks and the amount of revenue expended by counties and municipalities for animal control.

(3) An increase in rabies-vaccinated and spayed or neutered pets will work to reduce the number of unwanted or dangerous dogs and cats.

(4) Access to statewide information and a means to procure rabies vaccinations and spayed or neuter service to financially disadvantaged pet owners will reduce the number of unwanted and dangerous animals, promote public safety, and assist counties and municipalities.

(5) This Act is established to provide a means by which population control and rabies vaccinations may be financed.

Section 10. Definitions. As used in this Act:

"Director" means the Director of Public Health.

"Department" means the Department of Public Health.

"Companion animal" means any domestic dog (canis lupus familiaris) or domestic cat (felis catus).

"Farm dog" means a dog that resides on a farming business.

"Fund" means the Illinois Public Health and Safety Animal Population Control Fund established in this Act.

Section 15. Income tax checkoff. Each individual income tax payer may contribute to the Illinois Public Health and Safety Animal Population Control Fund through the income tax checkoff described in Section 507EE of the Illinois Income Tax Act.

Section 20. Program established. The Department shall establish and implement an Illinois Public Health and Safety Animal Population Control Program by December 31, 2005. The purpose of this program is to reduce the population of unwanted and stray dogs and cats in Illinois by encouraging the owners of dogs and cats to have them permanently sexually sterilized and vaccinated, thereby reducing potential threats to public health and safety. The program shall begin collecting funds on January 1, 2006 and shall begin distributing funds for vaccinations, spaying and neutering operations, or chemical sterilizations in January, 2007. No dog or cat imported from another state is eligible to be sterilized or vaccinated under this program. Beginning June 30, 2007, the Director 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.

Section 25. Eligibility to participate. A resident of the State who owns a dog or cat and who is eligible for the Food Stamp Program, the Medicaid Program, or the Disability Insurance Benefits Program shall be eligible to participate in the program at a reduced rate if the owner signs a consent form certifying that he or she is the owner of the dog or cat or is authorized by the owner to present the dog or cat for the procedure. A resident of this State who is managing a feral cat colony and who humanely traps feral cats for spaying or neutering and return is eligible to participate in the program provided the trap, spay, neuter, and return program is recognized by the municipality or by the county, if it is located in an unincorporated area. The sterilization shall be performed by a voluntarily participating veterinarian or veterinary student under the supervision of a veterinarian. The co-payment for the cat or dog sterilization procedure and vaccinations shall be $15.

Section 30. Veterinarian participation. Any veterinarian may participate in the program established under this Act. The Director shall establish a reasonable schedule of rates for reimbursement of examination, presurgical immunization, and sterilization services specified in this Act.

The Director shall reimburse, to the extent funds are available, participating veterinarians for each dog or cat sterilization procedure administered. To receive this reimbursement, the veterinarian must submit a dog or cat preauthorization sterilization or vaccination certificate on a form approved by the Director that must be signed by the veterinarian and the owner of the dog or cat or the feral cat caretaker. The Director shall notify all participating veterinarians if the program must be suspended for any period due to a lack of revenue and shall also notify all participating veterinarians when the program will resume. Veterinarians who voluntarily participate in this sterilization and vaccination program may decline to treat feral cats if they choose.

For all dogs or cats sterilized under this Act, the Director shall also reimburse, to the extent funds are available, participating veterinarians for (1) an examination fee and the presurgical immunization of dogs against rabies and other diseases pursuant to Department rules or (2) examination fees and the presurgical immunizations of cats against rabies and other diseases pursuant to Department rules. Reimbursement for the full cost of the covered presurgical immunizations shall be made by the Director to the participating veterinarian upon the written certification, signed by the veterinarian and the owner of the companion animal or the feral cat caretaker, that the immunization has been administered. There shall be no additional charges to the owner of a dog or cat sterilized under this Act or feral cat caretaker for examination fees or the presurgical immunizations.

Section 35. Rulemaking. The Director shall adopt rules relative to:

(1) Other immunizations covered.

(2) Format and content of all forms required under this Act.

(3) Proof of eligibility.

(4) Administration of the Fund.

(5) Any other matter necessary for the administration of this Act.

Section 40. Enforcement; administrative fine. Any person who knowingly falsifies proof of eligibility for or participation in any program under this Act, knowingly furnishes any licensed veterinarian with inaccurate information concerning the ownership of a dog or cat submitted for a sterilization procedure, or violates any provision of this Act may be subject to an administrative fine not to exceed $500 for each violation.

Section 45. Illinois Public Health and Safety Animal Population Control Fund.

(a) The Illinois Public Health and Safety Animal Population Control Fund is established as a special fund in the State treasury. The moneys generated from the fees collected under subsection (b) of this Section, from Section 507EE of the Illinois Income Tax Act, and from voluntary contributions must be kept in the Fund and shall be used only to sterilize and vaccinate dogs and cats in this State pursuant to the program, to promote the sterilization program, to educate the public about the importance of spaying and neutering, for grants to counties and municipalities under the local grant program established under this Section, and for reasonable administrative and personnel costs related to the Fund. Ten percent of the Fund shall be set aside and allocated each year to the University of Illinois Veterinary School Urban Practice Project of the Anthrozoologic Initiative to spay, neuter, and vaccinate animals in underserved areas of Illinois. Twenty percent of the Fund shall be set aside for a local grant program administered by the Department under the rules established by the Department, through which counties and municipalities that offer spaying and neutering services shall receive reimbursement for a portion of their expenses in offering those services.

(b) Beginning January 1, 2006, each time a rabies tag is issued by a veterinarian or county, the collecting entity established by county ordinance shall collect a $3 public safety fee on each vaccinated dog required to be registered under the Animal Control Act. The fees shall be remitted for the Department for deposit in the Fund on a quarterly basis. Farm dogs and feral cats are exempt from the requirement of this subsection.

Section 905. The State Finance Act is amended by changing Section 8h and by adding Section 5.640 as follows:

(30 ILCS 105/5.640 new)

Sec. 5.640. Illinois Public Health and Safety Animal Population Control Fund.

(30 ILCS 105/8h)

Sec. 8h. Transfers to General Revenue Fund.

(a) Except as provided in subsection (b), notwithstanding any other State law to the contrary, the Governor may, through June 30, 2007, from time to time direct the State Treasurer and Comptroller to transfer a specified sum from any fund held by the State Treasurer to the General Revenue Fund in order to help defray the State's operating costs for the fiscal year. The total transfer under this Section from any fund in any fiscal year shall not exceed the lesser of (i) 8% of the revenues to be deposited into the fund during that fiscal year or (ii) an amount that leaves a remaining fund balance of 25% of the July 1 fund balance of that fiscal year. In fiscal year 2005 only, prior to calculating the July 1, 2004 final balances, the Governor may calculate and direct the State Treasurer with the Comptroller to transfer additional amounts determined by applying the formula authorized in Public Act 93-839 this amendatory Act of the 93rd General Assembly to the funds balances on July 1, 2003. No transfer may be made from a fund under this Section that would have the effect of reducing the available balance in the fund to an amount less than the amount remaining unexpended and unreserved from the total appropriation from that fund estimated to be expended for that fiscal year. This Section does not apply to any funds that are restricted by federal law to a specific use, to any funds in the Motor Fuel Tax Fund, the Hospital Provider Fund, or the Medicaid Provider Relief Fund, or the Reviewing Court Alternative Dispute Resolution Fund, or to any funds to which subsection (f) of Section 20-40 of the Nursing and Advanced Practice Nursing Act applies. No transfers may be made under this Section from the Illinois Public Health and Safety Animal Population Control Fund. Notwithstanding any other provision of this Section, for fiscal year 2004, the total transfer under this Section from the Road Fund or the State Construction Account Fund shall not exceed the lesser of (i) 5% of the revenues to be deposited into the fund during that fiscal year or (ii) 25% of the beginning balance in the fund. For fiscal year 2005 through fiscal year 2007, no amounts may be transferred under this Section from the Road Fund, the State Construction Account Fund, the Criminal Justice Information Systems Trust Fund, the Wireless Carrier Reimbursement Fund, or the Mandatory Arbitration Fund.

In determining the available balance in a fund, the Governor may include receipts, transfers into the fund, and other resources anticipated to be available in the fund in that fiscal year.

The State Treasurer and Comptroller shall transfer the amounts designated under this Section as soon as may be practicable after receiving the direction to transfer from the Governor.

(b) This Section does not apply to any fund established under the Community Senior Services and Resources Act.

(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; revised 12-1-04.)

Section 910. The Illinois Income Tax Act is amended by adding Section 507EE as follows:

(35 ILCS 5/507EE new)

Sec. 507EE. Illinois Public Health and Safety Animal Population Control Fund checkoff. The Department must print on its standard individual income tax form a provision indicating that if the taxpayer wishes to contribute to the Illinois Public Health and Safety Animal Population Control Fund, as established in the Illinois Public Health and Safety Animal Population Control Act, he or she may do so by stating the amount of the contribution (not less than $1) on the return and that the contribution will reduce the taxpayer's refund or increase the amount of payment to accompany the return. Failure to remit any amount of increased payment reduces the contribution accordingly. This Section does not apply to any amended return.

The Department of Revenue shall determine annually the total amount contributed to the Fund pursuant to this Section and shall notify the State Comptroller and the State Treasurer of the amount to be transferred to the Illinois Public Health and Safety Animal Population Control Fund, and upon receipt of the notification the State Comptroller shall transfer the amount.

Section 915. The Animal Control Act is amended by changing Section 3 as follows:

(510 ILCS 5/3) (from Ch. 8, par. 353)

Sec. 3. The County Board Chairman with the consent of the County Board shall appoint an Administrator. Appointments shall be made as necessary to keep this position filled at all times. The Administrator may appoint as many Deputy Administrators and Animal Control Wardens to aid him or her as authorized by the Board. The compensation for the Administrator, Deputy Administrators, and Animal Control Wardens shall be fixed by the Board. The Administrator may be removed from office by the County Board Chairman, with the consent of the County Board.

The Board shall provide necessary personnel, training, equipment, supplies, and facilities, and shall operate pounds or contract for their operation as necessary to effectuate the program. The Board may enter into contracts or agreements with persons to assist in the operation of the program.

The Board shall be empowered to utilize monies from their General Corporate Fund to effectuate the intent of this Act.

The Board is authorized by ordinance to require the registration and microchipping of dogs and cats and shall impose an individual animal and litter registration fee to be deposited in a county animal control fund. In addition to the rabies registration fee, pursuant to the Illinois Public Health and Safety Animal Population Control Act, a $3 public safety fee on each dog shall be collected and forwarded quarterly to the Department of Public Health for deposit in the Illinois Public Health and Safety Animal Population Control Fund. All persons selling dogs or cats or keeping registries of dogs or cats shall cooperate and provide information to the Administrator as required by Board ordinance, including sales, number of litters, and ownership of dogs and cats. If microchips are required, the microchip number may shall serve as the county animal control registration number. All microchips shall have an operating frequency of 125 kilohertz.

In obtaining information required to implement this Act, the Department shall have power to subpoena and bring before it any person in this State and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law for civil cases in courts of this State.

The Director shall have power to administer oaths to witnesses at any hearing which the Department is authorized by law to conduct, and any other oaths required or authorized in any Act administered by the Department.

This Section does not apply to farm dogs or feral cats. As used in this Section, "farm dog" means a dog that resides on a farming business.

(Source: P.A. 93-548, eff. 8-19-03.)

Section 999. Effective date. This Act takes effect upon becoming law.".