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|[ House Amendment 001 ]|
92_HB6023 LRB9212719ACcd 1 AN ACT concerning animal welfare. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Animal Welfare Act is amended by changing 5 Sections 2 and 3 and adding Section 6.6 as follows: 6 (225 ILCS 605/2) (from Ch. 8, par. 302) 7 Sec. 2. Definitions. As used in this Act unless the 8 context otherwise requires: 9 "Department" means the Illinois Department of 10 Agriculture. 11 "Director" means the Director of the Illinois Department 12 of Agriculture. 13 "Pet shop operator" means any person who sells, offers to 14 sell, exchange, or offers for adoption with or without charge 15 or donation dogs, cats, birds, fish, reptiles, or other 16 animals customarily obtained as pets in this State. However, 17 a person who sells only such animals that he has produced and 18 raised shall not be considered a pet shop operator under this 19 Act, and a veterinary hospital or clinic operated by a 20 veterinarian or veterinarians licensed under the Veterinary 21 Medicine and Surgery Practice Act of 1994 shall not be 22 considered a pet shop operator under this Act. 23 "Dog dealer" means any person who sells, offers to sell, 24 exchange, or offers for adoption with or without charge or 25 donation dogs in this State. However, a person who sells only 26 dogs that he has produced and raised shall not be considered 27 a dog dealer under this Act, and a veterinary hospital or 28 clinic operated by a veterinarian or veterinarians licensed 29 under the Veterinary Medicine and Surgery Practice Act of 30 1994 shall not be considered a dog dealer under this Act. 31 "Secretary of Agriculture" or "Secretary" means the -2- LRB9212719ACcd 1 Secretary of Agriculture of the United States Department of 2 Agriculture. 3 "Person" means any person, firm, corporation, 4 partnership, association or other legal entity, any public or 5 private institution, the State of Illinois, or any municipal 6 corporation or political subdivision of the State. 7 "Kennel operator" means any person who operates an 8 establishment, other than an animal control facility, 9 veterinary hospital, or animal shelter, where dogs or dogs 10 and cats are maintained for boarding, training or similar 11 purposes for a fee or compensation; or who sells, offers to 12 sell, exchange, or offers for adoption with or without charge 13 dogs or dogs and cats which he has produced and raised. A 14 person who owns, has possession of, or harbors 5 or less 15 females capable of reproduction shall not be considered a 16 kennel operator. 17 "Cattery operator" means any person who operates an 18 establishment, other than an animal control facility or 19 animal shelter, where cats are maintained for boarding, 20 training or similar purposes for a fee or compensation; or 21 who sells, offers to sell, exchange, or offers for adoption 22 with or without charges cats which he has produced and 23 raised. A person who owns, has possession of, or harbors 5 24 or less females capable of reproduction shall not be 25 considered a cattery operator. 26 "Animal control facility" means any facility operated by 27 or under contract for the State, county, or any municipal 28 corporation or political subdivision of the State for the 29 purpose of impounding or harboring seized, stray, homeless, 30 abandoned or unwanted dogs, cats, and other animals. "Animal 31 control facility" also means any veterinary hospital or 32 clinic operated by a veterinarian or veterinarians licensed 33 under the Veterinary Medicine and Surgery Practice Act of 34 1994 which operates for the above mentioned purpose in -3- LRB9212719ACcd 1 addition to its customary purposes. 2 "Animal shelter" means a facility operated, owned, or 3 maintained by a duly incorporated humane society, animal 4 welfare society, or other non-profit organization for the 5 purpose of providing for and promoting the welfare, 6 protection, and humane treatment of animals. "Animal 7 shelter" also means any veterinary hospital or clinic 8 operated by a veterinarian or veterinarians licensed under 9 the Veterinary Medicine and Surgery Practice Act of 1994 10 which operates for the above mentioned purpose in addition to 11 its customary purposes. 12 "Foster home" means an entity that accepts the 13 responsibility for stewardship of animals that are the 14 obligation of an animal shelter, not to exceed 4 animals at 15 any given time. Permits to operate as a "foster home" shall 16 be issued through the animal shelter. 17 "Guard dog service" means an entity that, for a fee, 18 furnishes or leases guard or sentry dogs for the protection 19 of life or property. A person is not a guard dog service 20 solely because he or she owns a dog and uses it to guard his 21 or her home, business, or farmland. 22 "Guard dog" means a type of dog used primarily for the 23 purpose of defending, patrolling, or protecting property or 24 life at a commercial establishment other than a farm. "Guard 25 dog" does not include stock dogs used primarily for handling 26 and controlling livestock or farm animals, nor does it 27 include personally owned pets that also provide security. 28 "Sentry dog" means a dog trained to work without 29 supervision in a fenced facility other than a farm, and to 30 deter or detain unauthorized persons found within the 31 facility. 32 "Dog day care facility" means a facility that regularly 33 provides day care for less than 24 hours per day for dogs for 34 a fee or compensation. -4- LRB9212719ACcd 1 (Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97; 2 90-403, eff. 8-15-97.) 3 (225 ILCS 605/3) (from Ch. 8, par. 303) 4 Sec. 3. No person shall engage in business as a pet shop 5 operator, dog dealer, kennel operator, cattery operator, or 6 operate a guard dog service, an animal control facility or 7 animal shelter or any combination thereof, in this State 8 without a license therefor issued by the Department. 9 Beginning January 1, 2003, no person shall operate a dog day 10 care facility without a license issued by the Department. 11 Only one license shall be required for any combination of 12 businesses at one location, except that a separate license 13 shall be required to operate a guard dog service or, 14 beginning January 1, 2003, a dog day care facility. Guard 15 dog services that are located outside this State but provide 16 services within this State are required to obtain a license 17 from the Department. Out-of-state guard dog services are 18 required to comply with the requirements of this Act with 19 regard to guard dogs and sentry dogs transported to or used 20 within this State. 21 (Source: P.A. 89-178, eff. 7-19-95.) 22 (225 ILCS 605/6.6 new) 23 Sec. 6.6. Dog day care facilities. 24 (a) The Department may promulgate rules regulating dog 25 day care facilities. Rules regarding the maximum number of 26 dogs that a dog day care facility may accept shall be based 27 on the size of the facility and the number of attendants and 28 shall take into consideration the health and welfare of the 29 animals involved. The Department shall promulgate rules to 30 develop sanitary standards for facilities. 31 (b) The owner of a dog enrolled in a dog day care 32 facility must provide a certificate of health and proof of -5- LRB9212719ACcd 1 vaccination against distemper, rabies, the parvo virus, and 2 other communicable diseases, parasites, or viruses as 3 specified by rule of the Department. 4 (c) The vaccination records of a dog enrolled in a dog 5 day care facility must be current and in compliance with all 6 vaccination requirements of law for the boarding of dogs. 7 (d) The owner or operator of a dog day care facility 8 must have knowledge of each animal's disposition and special 9 temperaments. The owner or operator shall have knowledge of 10 the animal's usual diet. The owner of the animal, however, 11 has the responsibility of providing the dog day care facility 12 with food for the animal. 13 (e) Nothing in this Section shall prevent a unit of 14 local government from requiring a dog day care facility from 15 obtaining a proper land use permit before commencing 16 operations. 17 (f) Nothing in this Section shall interfere with a 18 person's ability to bring a common law nuisance claim against 19 a dog day care facility. 20 (g) The Department is not liable for injury that occurs 21 while on the premises of a dog day care facility. 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.
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