SB0038sam001 96TH GENERAL ASSEMBLY

Sen. Heather Steans

Filed: 2/17/2009

09600SB0038sam001 LRB096 11017 JDS 21304 a

AMENDMENT TO SENATE BILL 38

AMENDMENT NO. ______. Amend Senate Bill 38 by replacing everything after the enacting clause with the following:

"Section 5. The Humane Care for Animals Act is amended by changing Sections 3.02 and 8 and by adding Section 3.09 as follows:

(510 ILCS 70/3.02)

Sec. 3.02. Aggravated cruelty.

(a) No person may intentionally commit an act that causes a companion animal to suffer serious injury or death. Aggravated cruelty does not include euthanasia of a companion animal through recognized methods approved by the Department of Agriculture unless prohibited under subsection (b) or (c).

(b) No individual, except a licensed veterinarian as exempted under Section 3.09, may knowingly or intentionally euthanize or authorize the euthanasia of a companion animal by use of carbon monoxide.

(c) No individual may knowingly or intentionally euthanize or authorize the euthanasia of a companion animal by any of the following means:

(1) by placing the companion animal in a decompression chamber and lowering the pressure of the oxygen content in the air surrounding the animal; or

(2) by using carbon dioxide.

(d) A person convicted of violating Section 3.02 is guilty of a Class 4 felony. A second or subsequent violation is a Class 3 felony. In addition to any other penalty provided by law, upon conviction for violating this Section, the court may order the convicted person to undergo a psychological or psychiatric evaluation and to undergo any treatment at the convicted person's expense that the court determines to be appropriate after due consideration of the evaluation. If the convicted person is a juvenile or a companion animal hoarder, the court must order the convicted person to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation.

(Source: P.A. 92-650, eff. 7-11-02.)

(510 ILCS 70/3.09 new)

Sec. 3.09. Carbon monoxide euthanasia by a licensed veterinarian. A licensed veterinarian may euthanize a companion animal in a commercially manufactured chamber by use of compressed carbon monoxide. The veterinarian must be physically present during the euthanasia process until death is confirmed. The veterinarian must take all of the following steps when using a gas chamber:

(1) Render a written opinion for each companion animal including:

(A) a description of the animal including species, color, age, sex, and microchip number if present; and

(B) a signed and dated statement that the use of compressed carbon monoxide is the most humane method of euthanasia for this companion animal.

(2) Use a commercially manufactured chamber pursuant to the guidelines set forth in the most recent report of the AVMA Panel on Euthanasia. The interior of the chamber must be well lit and equipped with view-ports, a regulator, and a flow meter. Monitoring equipment must be used at all times during the operation. Animals that are under 4 months of age, old, injured, or sick may not be euthanized by carbon monoxide. Animals shall remain in the chamber and be exposed for a minimum of 20 minutes. Staff members shall be fully notified of potential health risks.

(3) Only one companion animal may be euthanized at a time.

(510 ILCS 70/8) (from Ch. 8, par. 708)

Sec. 8. Rulemaking.

The Department shall administer this Act and shall promulgate such rules and regulations as are necessary to effectuate the purposes of this Act. Such rules and regulations are subject to the approval of the Advisory Board of Livestock Commissioners. No later than 6 months after the effective Date of this amendatory Act of the 96th General Assembly, the Department shall adopt rules defining the "recognized methods for the humane euthanasia of companion animals" referred to in subsection (a) of Section 3.02 of this Act.

The Director may, in formulating rules and regulations pursuant to this Act, seek the advice and recommendations of humane societies in this State.

(Source: P.A. 78-905.)

Section 10. The Humane Euthanasia in Animal Shelters Act is amended by changing Sections 35, 57, 65, and 90 and by adding Sections 36, 66, and 91 as follows:

(510 ILCS 72/35)

Sec. 35. Technician certification; duties.

(a) An applicant for certification as a euthanasia technician shall file an application with the Department and shall:

(1) Be 18 years of age.

(2) Be of good moral character. In determining moral character under this Section, the Department may take into consideration whether the applicant has engaged in conduct or activities that would constitute grounds for discipline under this Act.

(3) Each applicant for certification as a euthanasia technician shall have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department of State Police. These fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Department of State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The Department of State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Department.

(4) Hold a license or certification from the American Humane Association, the National Animal Control Association, the Illinois Federation of Humane Societies, or the Humane Society of the United States issued within 3 years preceding the date of application. Every 5 years a certified euthanasia technician must renew his or her certification with the Department. At the time of renewal, the technician must present proof that he or she attended a class or seminar, administered by the American Humane Association, the National Animal Control Association, the Illinois Federation of Humane Societies, or the Humane Society of the United States, that teaches techniques or guidelines, or both, for humane animal euthanasia.

For a period of 12 months after the adoption of final administrative rules for this Act, the Department may issue a certification to an applicant who holds a license or certification from the American Humane Association, the National Animal Control Association, the Illinois Federation of Humane Societies, or the Humane Society of the United States issued after January 1, 1997.

(5) Pay the required fee.

(b) The duties of a euthanasia technician shall include but are not limited to:

(1) preparing animals for euthanasia and scanning each animal, prior to euthanasia, for microchips;

(2) accurately recording the dosages administered and the amount of drugs wasted;

(3) ordering supplies;

(4) maintaining the security of all controlled substances and drugs;

(5) humanely euthanizing animals via intravenous injection by hypodermic needle, intraperitoneal injection by hypodermic needle, solutions or powder added to food or by mouth, intracardiac injection only on comatose animals by hypodermic needle, or carbon monoxide in a commercially manufactured chamber; and

(6) properly disposing of euthanized animals after verification of death.

(c) A euthanasia technician employed by a euthanasia agency may perform euthanasia by the administration of a Schedule II or Schedule III nonnarcotic controlled substance. A euthanasia technician may not personally possess, order, or administer a controlled substance except as an agent of the euthanasia agency.

(d) Upon termination from a euthanasia agency, a euthanasia technician shall not perform animal euthanasia until he or she is employed by another certified euthanasia agency.

(e) A certified euthanasia technician or an instructor in an approved course does not engage in the practice of veterinary medicine when performing duties set forth in this Act.

(Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)

(510 ILCS 72/36 new)

Sec. 36. Certificate issuance restrictions. The Department shall not issue a certificate to any individual convicted in Illinois of a forcible felony, a felony violation of the Humane Care for Animals Act, a felony violation of Article 24 of the Criminal Code of 1961, a felony violation of Class 3 or higher of the Cannabis Control Act, a felony violation of Class 2 or higher of the Methamphetamine Control and Community Prevention Act, or any violation of Section 12-35 or 26-5 of the Criminal Code of 1961, or convicted in another jurisdiction of the United States of an offense substantially similar to any of the specified Illinois offenses.

(510 ILCS 72/57)

Sec. 57. Procedures for euthanasia.

(a) Only euthanasia drugs and commercially compressed carbon monoxide, subject to the limitations imposed under subsection (b) of this Section, shall be used for the purpose of humanely euthanizing injured, sick, homeless, or unwanted companion animals in an animal shelter or an animal control facility licensed under the Illinois Animal Welfare Act, except that a licensed veterinarian may euthanize companion animals in such a shelter or facility by the use of carbon monoxide if the veterinarian complies with the requirements set forth in Section 3.09 of the Humane Care for Animals Act.

(b) (Blank). Commercially compressed carbon monoxide may be used as a permitted method of euthanasia provided that it is performed in a commercially manufactured chamber pursuant to the guidelines set forth in the most recent report of the AVMA Panel on Euthanasia. A chamber that is designed to euthanize more than one animal at a time must be equipped with independent sections or cages to separate incompatible animals. The interior of the chamber must be well lit and equipped with view-ports, a regulator, and a flow meter. Monitoring equipment must be used at all times during the operation. Animals that are under 4 months of age, old, injured, or sick may not be euthanized by carbon monoxide. Animals shall remain in the chamber and be exposed for a minimum of 20 minutes. Staff members shall be fully notified of potential health risks.

(c) Animals cannot be transported beyond State lines for the sole purpose of euthanasia unless the euthanasia methods comply with subsection (a) or (b) of this Section and the euthanasia is performed by a certified euthanasia technician.

(Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)

(510 ILCS 72/65)

Sec. 65. Refused issuance, suspension, or revocation of certification. The Department shall refuse to renew or shall revoke a euthanasia technician certification and may impose a fine not to exceed $1,000 for a certified euthanasia technician for any one or combination of the following reasons, each of which is a violation of the Act:

(1) Failing to carry out any of the following duties of a euthanasia technician:

(A) scanning for microchips or other identification prior to euthanasia;

(B) maintaining the security of all controlled substances and drugs;

(C) humanely euthanizing animals by intravenous injection by hypodermic needle, intraperitoneal injection by hypodermic needle, solutions or powder added to food or by mouth, or intracardiac injection only on comatose animals by hypodermic needle; or

(D) verification of death by using a cardiac puncture or stethoscope or by recognizing the signs of rigor mortis.

(2) Abusing the use of any controlled or illegal chemical substance.

(3) Selling, stealing, or giving controlled or illegal chemical substances away.

(4) Abetting anyone in the activities listed in this Section.

(5) Violating any provision of the Illinois Animal Welfare Act, the Illinois Humane Care for Animals Act, or the Illinois Controlled Substances Act.

(6) Acting as a euthanasia technician outside of the scope of his or her employment with a certified euthanasia agency or while not employed by a certified euthanasia agency. The Department may refuse to issue, renew, or restore a certification or may revoke or suspend a certification, or place on probation, reprimand, impose a fine not to exceed $1,000 for each violation, or take other disciplinary action as the Department may deem proper with regard to a certified euthanasia agency or a certified euthanasia technician for any one or combination of the following reasons:

(1) failing to carry out the duties of a euthanasia technician;

(2) abusing the use of any chemical substance;

(3) selling, stealing, or giving chemical substances away;

(4) abetting anyone in the activities listed in this subsection; or

(5) violating any provision of this Act, the Illinois Controlled Substances Act, the rules adopted under these Acts or any rules adopted by the Department of Professional Regulation concerning the euthanizing of animals.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/66 new)

Sec. 66. Refused issuance or revocation of euthanasia agency certification. The Department shall refuse to renew or shall revoke a euthanasia agency's certification and may impose a fine not to exceed $1,000 for any one of the following reasons, each of which is a violation of the Act:

(1) Knowingly or willfully allowing a euthanasia technician to perform any of the actions described in Section 65 of this Act.

(2) Failing to the maintain the security of all controlled substances and drugs.

(3) Allowing euthanasia to be performed by an individual other than a certified euthanasia technician, a licensed veterinarian, or an instructor.

(4) Failing to comply with the requirements of the Illinois Food, Drug and Cosmetic Act; federal Food, Drug and Cosmetic Act; federal Controlled Substances Act; or the Illinois Controlled Substances Act.

(510 ILCS 72/90)

Sec. 90. Uncertified practice; civil penalty.

(a) A person who practices, offers to practice, attempts to practice, or holds himself or herself out as a certified euthanasia technician or a certified euthanasia agency without being certified under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a certified euthanasia technician or a certified euthanasia agency. The civil penalty must be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and executed in the same manner as any judgment from any court of record.

(b) The Department may investigate any uncertified activity.

(c) Instructors or licensed veterinarians teaching humane euthanasia techniques are exempt from the certification process so long as they are currently licensed by another state as a euthanasia technician or as a veterinarian.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/91 new)

Sec. 91. Criminal penalties. An individual, an agency, or a technician who is found to have violated any one of the following provisions of this Act is guilty of a Class A misdemeanor:

(1) Euthanasia technician. Any violation of Section 65.

(2) Euthanasia agency. An administrator, a director, a manager, or a supervisor of a euthanasia agency who knowingly or willfully violates Section 66.

(3) Personal. Any person who practices, offers to practice, attempts to practice, or holds himself, herself, or itself out as a certified euthanasia technician or a certified euthanasia agency without being certified under this Act.

On conviction of a second or subsequent offense, the violator is guilty of a Class 4 felony. The Department shall refer any alleged violation of these provision for the purpose of criminal investigation and prosecution to local law enforcement or the Illinois State Police and to the State's Attorney in the county within which the violation occurred.

The Department shall also refer any information it receives that appears to violate the Humane Care for Animals Act for criminal investigation and prosecution to the Illinois State Police and to the State's Attorney of the county within which the violation occurred.

(510 ILCS 72/165 rep.)

Section 15. The Humane Euthanasia in Animal Shelters Act is amended by repealing Section 165.

Section 99. Effective date. This Act takes effect upon becoming law.".