Illinois General Assembly - Full Text of HB3861
Illinois General Assembly

Previous General Assemblies

Full Text of HB3861  100th General Assembly

HB3861 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3861

 

Introduced , by Rep. Norine K. Hammond

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 605/2  from Ch. 8, par. 302
225 ILCS 605/3  from Ch. 8, par. 303

    Amends the Animal Welfare Act. Requires equine stable operators to be licensed by the Department of Financial and Professional Regulation. Defines "equine", "equine stable", and "equine stable operator". Exempts from the Act an agency of the State or of a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal law that owns or operates equines or provides equine services and does not otherwise operate an equine stable for hire.


LRB100 11386 SMS 21787 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3861LRB100 11386 SMS 21787 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Animal Welfare Act is amended by changing
5Sections 2 and 3 as follows:
 
6    (225 ILCS 605/2)  (from Ch. 8, par. 302)
7    Sec. 2. Definitions. As used in this Act unless the context
8otherwise requires:
9    "Department" means the Illinois Department of Agriculture.
10    "Director" means the Director of the Illinois Department of
11Agriculture.
12    "Pet shop operator" means any person who sells, offers to
13sell, exchange, or offers for adoption with or without charge
14or donation dogs, cats, birds, fish, reptiles, or other animals
15customarily obtained as pets in this State. However, a person
16who sells only such animals that he has produced and raised
17shall not be considered a pet shop operator under this Act, and
18a veterinary hospital or clinic operated by a veterinarian or
19veterinarians licensed under the Veterinary Medicine and
20Surgery Practice Act of 2004 shall not be considered a pet shop
21operator under this Act.
22    "Dog dealer" means any person who sells, offers to sell,
23exchange, or offers for adoption with or without charge or

 

 

HB3861- 2 -LRB100 11386 SMS 21787 b

1donation dogs in this State. However, a person who sells only
2dogs that he has produced and raised shall not be considered a
3dog dealer under this Act, and a veterinary hospital or clinic
4operated by a veterinarian or veterinarians licensed under the
5Veterinary Medicine and Surgery Practice Act of 2004 shall not
6be considered a dog dealer under this Act.
7    "Secretary of Agriculture" or "Secretary" means the
8Secretary of Agriculture of the United States Department of
9Agriculture.
10    "Person" means any person, firm, corporation, partnership,
11association or other legal entity, any public or private
12institution, the State of Illinois, or any municipal
13corporation or political subdivision of the State.
14    "Kennel operator" means any person who operates an
15establishment, other than an animal control facility,
16veterinary hospital, or animal shelter, where dogs or dogs and
17cats are maintained for boarding, training or similar purposes
18for a fee or compensation; or who sells, offers to sell,
19exchange, or offers for adoption with or without charge dogs or
20dogs and cats which he has produced and raised. A person who
21owns, has possession of, or harbors 5 or less females capable
22of reproduction shall not be considered a kennel operator.
23    "Cattery operator" means any person who operates an
24establishment, other than an animal control facility or animal
25shelter, where cats are maintained for boarding, training or
26similar purposes for a fee or compensation; or who sells,

 

 

HB3861- 3 -LRB100 11386 SMS 21787 b

1offers to sell, exchange, or offers for adoption with or
2without charges cats which he has produced and raised. A person
3who owns, has possession of, or harbors 5 or less females
4capable of reproduction shall not be considered a cattery
5operator.
6    "Animal control facility" means any facility operated by or
7under contract for the State, county, or any municipal
8corporation or political subdivision of the State for the
9purpose of impounding or harboring seized, stray, homeless,
10abandoned or unwanted dogs, cats, and other animals. "Animal
11control facility" also means any veterinary hospital or clinic
12operated by a veterinarian or veterinarians licensed under the
13Veterinary Medicine and Surgery Practice Act of 2004 which
14operates for the above mentioned purpose in addition to its
15customary purposes.
16    "Animal shelter" means a facility operated, owned, or
17maintained by a duly incorporated humane society, animal
18welfare society, or other non-profit organization for the
19purpose of providing for and promoting the welfare, protection,
20and humane treatment of animals. "Animal shelter" also means
21any veterinary hospital or clinic operated by a veterinarian or
22veterinarians licensed under the Veterinary Medicine and
23Surgery Practice Act of 2004 which operates for the above
24mentioned purpose in addition to its customary purposes.
25    "Foster home" means an entity that accepts the
26responsibility for stewardship of animals that are the

 

 

HB3861- 4 -LRB100 11386 SMS 21787 b

1obligation of an animal shelter, not to exceed 4 animals at any
2given time. Permits to operate as a "foster home" shall be
3issued through the animal shelter.
4    "Guard dog service" means an entity that, for a fee,
5furnishes or leases guard or sentry dogs for the protection of
6life or property. A person is not a guard dog service solely
7because he or she owns a dog and uses it to guard his or her
8home, business, or farmland.
9    "Guard dog" means a type of dog used primarily for the
10purpose of defending, patrolling, or protecting property or
11life at a commercial establishment other than a farm. "Guard
12dog" does not include stock dogs used primarily for handling
13and controlling livestock or farm animals, nor does it include
14personally owned pets that also provide security.
15    "Sentry dog" means a dog trained to work without
16supervision in a fenced facility other than a farm, and to
17deter or detain unauthorized persons found within the facility.
18    "Probationary status" means the 12-month period following
19a series of violations of this Act during which any further
20violation shall result in an automatic 12-month suspension of
21licensure.
22    "Owner" means any person having a right of property in an
23animal, who keeps or harbors an animal, who has an animal in
24his or her care or acts as its custodian, or who knowingly
25permits a dog to remain on any premises occupied by him or her.
26"Owner" does not include a feral cat caretaker participating in

 

 

HB3861- 5 -LRB100 11386 SMS 21787 b

1a trap, spay/neuter, return or release program.
2    "Equine" means any member of the Equidae family, including
3horses, mules, and asses.
4    "Equine stable operator" means any person who operates an
5establishment, other than an animal control facility,
6veterinary hospital, or animal shelter, where equines are
7maintained for boarding, holding, or other similar purposes and
8a fee is charged for maintaining the equines or for the use of
9the equines.
10    "Equine stable" means any building, structure, pasture, or
11other enclosure where equines are maintained for boarding,
12holding, training, breeding, riding, pulling vehicles, or
13other similar purposes and a fee is charged for maintaining the
14equines or for the use of the equines.
15(Source: P.A. 99-310, eff. 1-1-16.)
 
16    (225 ILCS 605/3)  (from Ch. 8, par. 303)
17    Sec. 3. (a) Except as provided in subsection (b) of this
18Section, no person shall engage in business as a pet shop
19operator, dog dealer, kennel operator, cattery operator,
20equine stable operator, or operate a guard dog service, an
21animal control facility or animal shelter or any combination
22thereof, in this State without a license therefor issued by the
23Department. Only one license shall be required for any
24combination of businesses at one location, except that a
25separate license shall be required to operate a guard dog

 

 

HB3861- 6 -LRB100 11386 SMS 21787 b

1service. Guard dog services that are located outside this State
2but provide services within this State are required to obtain a
3license from the Department. Out-of-state guard dog services
4are required to comply with the requirements of this Act with
5regard to guard dogs and sentry dogs transported to or used
6within this State.
7    (b) This Act does not apply to a private detective agency
8or private security agency licensed under the Private
9Detective, Private Alarm, Private Security, Fingerprint
10Vendor, and Locksmith Act of 2004 that provides guard dog or
11canine odor detection services and does not otherwise operate a
12kennel for hire.
13    (c) This Act does not apply to an agency of the State or of
14a unit of local government which is vested by law or ordinance
15with the duty to maintain public order and to enforce criminal
16law that owns or operates equines or provides equine services
17and does not otherwise operate an equine stable for hire.
18(Source: P.A. 95-613, eff. 9-11-07.)