Bill Text: IL HB3887 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Humane Care for Animals Act. Provides that euthanasia by carbon monoxide is prohibited unless performed by a licensed veterinarian and that use of a decompression chamber or carbon dioxide is prohibited. Provides criminal penalties for violations. Sets forth requirements for a veterinarian to be eligible for the exemption, including the requirement that only one companion animal may be euthanized at a time. Amends the Humane Euthanasia in Animal Shelters Act. Contains provisions concerning renewal of a euthanasia technician certificate and continuing education; restrictions on issuing certificates because of felony convictions; euthanasia methods; refusal to renew and revocation of euthanasia technician and euthanasia agency certification; exemptions from certification; and criminal penalties. Provides that a licensed veterinarian may euthanize companion animals in an animal shelter or animal control facility by the use of carbon monoxide if the veterinarian complies with the requirements set forth in the Humane Care for Animals Act for euthanasia by that method. Repeals a provision that provided for different criminal penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB3887 Detail]

Download: Illinois-2009-HB3887-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3887 Introduced 2/26/2009, by Rep. William B. Black SYNOPSIS AS INTRODUCED:
See Index
Amends the Humane Care for Animals Act. Provides that euthanasia by carbon monoxide is prohibited unless performed by a licensed veterinarian and that use of a decompression chamber or carbon dioxide is prohibited. Provides criminal penalties for violations. Sets forth requirements for a veterinarian to be eligible for the exemption, including the requirement that only one companion animal may be euthanized at a time. Amends the Humane Euthanasia in Animal Shelters Act. Contains provisions concerning renewal of a euthanasia technician certificate and continuing education; restrictions on issuing certificates because of felony convictions; euthanasia methods; refusal to renew and revocation of euthanasia technician and euthanasia agency certification; exemptions from certification; and criminal penalties. Provides that a licensed veterinarian may euthanize companion animals in an animal shelter or animal control facility by the use of carbon monoxide if the veterinarian complies with the requirements set forth in the Humane Care for Animals Act for euthanasia by that method. Repeals a provision that provided for different criminal penalties.
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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
changing Section 3.02 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 means of 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 use of carbon dioxide.

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(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 the following steps when
using a gas chamber:
(1) Render a written opinion for each companion animal
including the following:
(A) A description of the animal including species,

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color, age, sex, and microchip number if present.
(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.
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:

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(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

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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 that teaches techniques or guidelines, or
both, for humane animal euthanasia 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.
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;

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(5) humanely euthanizing animals via 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 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

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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. Euthanasia by
certified euthanasia technicians shall be conducted only in an
animal shelter licensed under the Animal Welfare Act or an
animal control facility licensed under the Animal Welfare Act.
(b) (Blank). Commercially compressed carbon monoxide may

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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

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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, 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

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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:

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

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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

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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 provisions 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 in 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.
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INDEX
Statutes amended in order of appearance
510 ILCS 70/3.02
510 ILCS 70/3.09 new
510 ILCS 72/35
510 ILCS 72/36 new
510 ILCS 72/57
510 ILCS 72/65
510 ILCS 72/66 new
510 ILCS 72/90
510 ILCS 72/91 new
510 ILCS 72/165 rep.