HB3585 99TH GENERAL ASSEMBLY

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99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3585

Introduced , by Rep. Silvana Tabares

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 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.