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Public Act 101-0295


 

Public Act 0295 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0295
 
SB0061 EnrolledLRB101 06747 SLF 51774 b

    AN ACT concerning animals.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 10. The Animal Welfare Act is amended by changing
Sections 2, 3, 3.2, 3.3, 7, 20.5, and 21 as follows:
 
    (225 ILCS 605/2)  (from Ch. 8, par. 302)
    Sec. 2. Definitions. As used in this Act unless the context
otherwise requires:
    "Department" means the Illinois Department of Agriculture.
    "Director" means the Director of the Illinois Department of
Agriculture.
    "Pet shop operator" means any person who sells, offers to
sell, exchange, or offers for adoption with or without charge
or donation dogs, cats, birds, fish, reptiles, or other animals
customarily obtained as pets in this State. However, a person
who sells only such animals that he has produced and raised
shall not be considered a pet shop operator under this Act, and
a veterinary hospital or clinic operated by a veterinarian or
veterinarians licensed under the Veterinary Medicine and
Surgery Practice Act of 2004 shall not be considered a pet shop
operator under this Act.
    "Dog dealer" means any person who sells, offers to sell,
exchange, or offers for adoption with or without charge or
donation dogs in this State. However, a person who sells only
dogs that he has produced and raised shall not be considered a
dog dealer under this Act, and a veterinary hospital or clinic
operated by a veterinarian or veterinarians licensed under the
Veterinary Medicine and Surgery Practice Act of 2004 shall not
be considered a dog dealer under this Act.
    "Secretary of Agriculture" or "Secretary" means the
Secretary of Agriculture of the United States Department of
Agriculture.
    "Person" means any person, firm, corporation, partnership,
association or other legal entity, any public or private
institution, the State of Illinois, or any municipal
corporation or political subdivision of the State.
    "Kennel operator" means any person who operates an
establishment, other than an animal control facility,
veterinary hospital, or animal shelter, where dogs or dogs and
cats are maintained for boarding, training or similar purposes
for a fee or compensation.
    "Boarding" means a time frame greater than 12 hours or an
overnight period during which an animal is kept by a kennel
operator.
    "Cat breeder" means a person who sells, offers to sell,
exchanges, or offers for adoption with or without charge cats
that he or she has produced and raised. A person who owns, has
possession of, or harbors 5 or less females capable of
reproduction shall not be considered a cat breeder.
    "Dog breeder" means a person who sells, offers to sell,
exchanges, or offers for adoption with or without charge dogs
that he has produced and raised. A person who owns, has
possession of, or harbors 5 or less females capable of
reproduction shall not be considered a dog breeder.
    "Animal control facility" means any facility operated by or
under contract for the State, county, or any municipal
corporation or political subdivision of the State for the
purpose of impounding or harboring seized, stray, homeless,
abandoned or unwanted dogs, cats, and other animals. "Animal
control facility" also means any veterinary hospital or clinic
operated by a veterinarian or veterinarians licensed under the
Veterinary Medicine and Surgery Practice Act of 2004 which
operates for the above mentioned purpose in addition to its
customary purposes.
    "Animal shelter" means a facility operated, owned, or
maintained by a duly incorporated humane society, animal
welfare society, or other non-profit organization for the
purpose of providing for and promoting the welfare, protection,
and humane treatment of animals. An organization that does not
have its own building that maintains animals solely in foster
homes or other licensees is an "animal shelter" for purposes of
this Act. "Animal shelter" also means any veterinary hospital
or clinic operated by a veterinarian or veterinarians licensed
under the Veterinary Medicine and Surgery Practice Act of 2004
which operates for the above mentioned purpose in addition to
its customary purposes.
    "Day care operator" means a person who operates an
establishment, other than an animal control facility,
veterinary hospital, or animal shelter, where dogs or dogs and
cats are kept for a period of time not exceeding 12 hours.
    "Foster home" means an entity that accepts the
responsibility for stewardship of animals that are the
obligation of an animal shelter or animal control facility, not
to exceed 4 foster animals or 2 litters under 8 weeks of age at
any given time. A written agreement Permits to operate as a
"foster home" shall be contracted with issued through the
animal shelter or animal control facility.
    "Guard dog service" means an entity that, for a fee,
furnishes or leases guard or sentry dogs for the protection of
life or property. A person is not a guard dog service solely
because he or she owns a dog and uses it to guard his or her
home, business, or farmland.
    "Guard dog" means a type of dog used primarily for the
purpose of defending, patrolling, or protecting property or
life at a commercial establishment other than a farm. "Guard
dog" does not include stock dogs used primarily for handling
and controlling livestock or farm animals, nor does it include
personally owned pets that also provide security.
    "Return" in return to field or trap, neuter, return program
means to return the cat to field after it has been sterilized
and vaccinated for rabies.
    "Sentry dog" means a dog trained to work without
supervision in a fenced facility other than a farm, and to
deter or detain unauthorized persons found within the facility.
    "Probationary status" means the 12-month period following
a series of violations of this Act during which any further
violation shall result in an automatic 12-month suspension of
licensure.
    "Owner" means any person having a right of property in an
animal, who keeps or harbors an animal, who has an animal in
his or her care or acts as its custodian, or who knowingly
permits a dog to remain on any premises occupied by him or her.
"Owner" does not include a feral cat caretaker participating in
a trap, spay/neuter, vaccinate for rabies, and return or
release program.
(Source: P.A. 99-310, eff. 1-1-16; 100-842, eff. 1-1-19;
100-870, eff. 1-1-19; revised 10-22-18.)
 
    (225 ILCS 605/3)  (from Ch. 8, par. 303)
    Sec. 3. (a) Except as provided in subsection (b) of this
Section, no person shall engage in business as a pet shop
operator, dog dealer, kennel operator, day care operator, dog
breeder, or cat breeder or operate a guard dog service, an
animal control facility, or animal shelter, or any combination
thereof, in this State without a license therefor issued by the
Department. If one business conducts more than one such
operation, each operation shall be licensed separately. Only
one license shall be required for any combination of businesses
at one location, except that a separate license shall be
required to operate a guard dog service. Guard dog services
that are located outside this State but provide services within
this State are required to obtain a license from the
Department. Out-of-state guard dog services are required to
comply with the requirements of this Act with regard to guard
dogs and sentry dogs transported to or used within this State.
    (b) This Act does not apply to a private detective agency
or private security agency licensed under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004 that provides guard dog or
canine odor detection services and does not otherwise operate a
kennel for hire.
(Source: P.A. 100-842, eff. 1-1-19.)
 
    (225 ILCS 605/3.2)
    Sec. 3.2. Foster homes. A person shall not operate a foster
home without affiliating by formal written agreement with an
animal shelter or animal control facility for which that person
will operate the foster home first obtaining a permit from the
animal shelter or animal control facility for which that person
will operate the foster home. The written agreement shall
include a clause allowing for the Department to inspect the
foster home. The animal shelter or animal control facility
shall be responsible for the records and have the obligation of
stewardship for animals in the foster home with which it
affiliates. Upon application and payment of the required fees
by the animal shelter, the Department shall issue foster home
permits to the animal shelter. The animal shelter shall be
responsible for the records and have all the obligations of
stewardship for animals in the foster homes to which it issues
permits.
    Foster homes shall provide the care for animals required by
this Act and shall report any deviation that might affect its
adherence to its written agreement with the affiliating animal
shelter or animal control facility the status of the license or
permit to the animal shelter. If the subject of a complaint, a
foster home may be inspected by the Department under the
Department's licensing authority relative to the affiliating
animal shelter or animal control facility. Refusal of the
Department's inspection may result in revocation of the
license.
    A foster home shall not care for more than 4 foster animals
or more than 2 litters under 8 weeks of age at any one time.
(Source: P.A. 100-870, eff. 1-1-19.)
 
    (225 ILCS 605/3.3)
    Sec. 3.3. Adoption of dogs and cats.
    (a) An animal shelter or animal control facility shall not
adopt out any dog or adopt out or return to field any cat
unless it has been sterilized and microchipped. However, an
animal shelter, or animal control facility may adopt out a dog
or cat that has not been sterilized and microchipped if:
        (1) Blank; or the adopting owner has executed a written
    agreement agreeing to have sterilizing and microchipping
    procedures performed on the animal to be adopted within a
    specified period of time not to exceed 30 days after the
    date of the adoption, or
        (2) the adopting owner has executed a written agreement
    to have sterilizing and microchipping procedures performed
    within 14 days after a licensed veterinarian certifies the
    dog or cat is healthy enough for sterilizing and
    microchipping procedures, and a licensed veterinarian has
    certified that the dog or cat is too sick or injured to be
    sterilized or it would be detrimental to the health of the
    dog or cat to be sterilized or microchipped at the time of
    the adoption.
    (b) An animal shelter or animal control facility may adopt
out any dog or cat that is not free of disease, injury, or
abnormality if the disease, injury, or abnormality is disclosed
in writing to the adopter, and the animal shelter or animal
control facility allows the adopter to return the animal to the
animal shelter or animal control facility.
    (c) The requirements of subsections (a) and (b) of this
Section do not apply to adoptions subject to Section 11 of the
Animal Control Act.
(Source: P.A. 96-314, eff. 8-11-09.)
 
    (225 ILCS 605/7)  (from Ch. 8, par. 307)
    Sec. 7. Applications for renewal licenses shall be made to
the Department in a manner prescribed by the Department, shall
contain such information as will enable the Department to
determine if the applicant is qualified to continue to hold a
license, shall report beginning inventory and intake and
outcome statistics from the previous calendar year, and shall
be accompanied by the required fee, which shall not be
returnable. The report of intake and outcome statistics shall
include the following:
        (1) The total number of dogs, cats, and other animals,
    divided into species, taken in by the animal shelter or
    animal control facility, in the following categories:
            (A) surrendered by owner;
            (B) stray;
            (C) impounded other than stray;
            (D) confiscated under the Humane Care for Animals
        Act;
            (E) transfer from other licensees within the
        State;
            (F) transferred into or imported from out of the
        State;
            (G) transferred into or imported from outside the
        country; and
            (H) born in shelter or animal control facility.
        (2) The disposition of all dogs, cats, and other
    animals taken in by the animal shelter or animal control
    facility, divided into species. This data must include
    dispositions by:
            (A) reclamation by owner;
            (B) adopted or sold;
            (C) euthanized;
            (D) euthanized per request of the owner;
            (E) died in custody;
            (F) transferred to another licensee;
            (G) transferred to an out-of-State nonprofit
        agency;
            (H) animals missing, stolen, or escaped;
            (I) cats returned animals released in field;
        trapped, neutered, released; and
            (J) ending inventory; shelter count at end of the
        last day of the year.
    The Department shall not be required to audit or validate
the intake and outcome statistics required to be submitted
under this Section.
(Source: P.A. 100-870, eff. 1-1-19.)
 
    (225 ILCS 605/20.5)
    Sec. 20.5. Administrative fines. The following
administrative fines may shall be imposed by the Department
upon any person or entity who violates any provision of this
Act or any rule adopted by the Department under this Act:
        (1) For the first violation, a fine of $1,000 $500.
        (2) For a second violation that occurs within 2 3 years
    after the first violation, a fine of $2,500 $1,000.
        (3) For a third violation that occurs within 2 3 years
    after the first violation, mandatory probationary status
    and a fine of $3,000 $2,500.
    If a person or entity fails or refuses to pay an
administrative fine authorized by this Section, the Department
may prohibit that person or entity from renewing a license
under this Act until the fine is paid in full. Any penalty of
$500 or more not paid within 120 days of issuance by the
Department shall be submitted to the Department of Revenue for
collection as provided under the Illinois State Collection Act
of 1986.
(Source: P.A. 98-855, eff. 8-4-14.)
 
    (225 ILCS 605/21)  (from Ch. 8, par. 321)
    Sec. 21. The following fees shall accompany each
application for a license, which fees shall not be returnable:
    a. for an original license to an individual ...... $350 $25
    b. for an original license to a partnership, animal
shelter, or animal control facility or
            corporation .............................. $350 $25
    c. for an annual renewal license ................. $100 $25
    d. for each branch office license ................ $100 $25
    e. for the renewal of any license not renewed by
            July 1 of the year ....................... $400 $40
    f. (blank) for a permit for a foster home ............................................................. $25
    g. (blank) for renewal of a permit for a foster home ............................................................. $25
(Source: P.A. 89-178, eff. 7-19-95.)
 
    Section 15. The Animal Control Act is amended by changing
Sections 2.01, 2.07, 2.16, 11, 24, and 35 and by adding
Sections 2.19-3 as follows:
 
    (510 ILCS 5/2.01)  (from Ch. 8, par. 352.01)
    Sec. 2.01. Administrator. "Administrator" means a
veterinarian licensed by the State of Illinois and appointed
pursuant to this Act, or in the event a veterinarian cannot be
found and appointed pursuant to this Act, a non-veterinarian
may serve as Administrator under this Act. In the event the
Administrator is not a veterinarian, the Administrator shall
defer to the Deputy Administrator veterinarian regarding all
medical decisions.
(Source: P.A. 93-548, eff. 8-19-03.)
 
    (510 ILCS 5/2.07)  (from Ch. 8, par. 352.07)
    Sec. 2.07. Deputy Administrator. "Deputy Administrator"
means a veterinarian licensed by the State of Illinois,
appointed by the Administrator or the County Board.
(Source: P.A. 93-548, eff. 8-19-03.)
 
    (510 ILCS 5/2.16)  (from Ch. 8, par. 352.16)
    Sec. 2.16. Owner. "Owner" means any person having a right
of property in an animal, or who keeps or harbors an animal, or
who has it in his care, or acts as its custodian, or who
knowingly permits a dog to remain on any premises occupied by
him or her. "Owner" does not include a feral cat caretaker
participating in a trap, spay/neuter, vaccinate for rabies, and
return or release program.
(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
 
    (510 ILCS 5/2.19-3 new)
    Sec. 2.19-3. Return. "Return" in return to field or trap,
neuter, return program means to return the cat to field after
it has been sterilized and vaccinated for rabies.
 
    (510 ILCS 5/11)  (from Ch. 8, par. 361)
    Sec. 11. Animal placement. When not redeemed by the owner,
agent, or caretaker, a dog or cat must be scanned for a
microchip. If a microchip is present, the registered owner or
chip purchaser if the purchaser was a nonprofit organization,
animal shelter, animal control facility, pet store, breeder, or
veterinary office must be notified. After contact has been made
or attempted, dogs or cats deemed adoptable by the animal
control facility shall be offered for adoption, or made
available to a licensed animal shelter, humane society or
rescue group. After contact has been made or attempted, the
animal control facility may either: (1) offer the cat for
adoption; (2) return to field or transfer the cat after
sterilization; or (3) make the cat available to a licensed
animal shelter or animal control facility. The If no placement
is available, the animal may be humanely dispatched pursuant to
the Humane Euthanasia in Animal Shelters Act. An animal control
facility or animal pound or animal shelter shall not adopt or
release any dog or cat to anyone other than the owner or a
foster home unless the animal has been rendered incapable of
reproduction and microchipped. , or the person wishing to adopt
an animal prior to the surgical procedures having been
performed shall have executed a written agreement promising to
have such service performed, including microchipping, within a
specified period of time not to exceed 30 days. Failure to
fulfill the terms of the agreement shall result in seizure and
impoundment of the animal and any offspring by the animal pound
or shelter, and any monies which have been deposited shall be
forfeited and submitted to the county Pet Population Control
Fund on a yearly basis. This Act shall not prevent humane
societies or animal shelters from engaging in activities set
forth by their charters; provided, they are not inconsistent
with provisions of this Act and other existing laws. No animal
shelter or animal control facility shall release dogs or cats
to an individual representing a rescue group, unless the group
has been licensed or has a foster care permit issued by the
Illinois Department of Agriculture or is a representative of a
not-for-profit out-of-state organization, animal shelter, or
animal control facility. The Department may suspend or revoke
the license of any animal shelter or animal control facility
that fails to comply with the requirements set forth in this
Section or that fails to report its intake and euthanasia
statistics as required by law each year.
(Source: P.A. 100-870, eff. 1-1-19.)
 
    (510 ILCS 5/24)  (from Ch. 8, par. 374)
    Sec. 24. Limitations. Nothing in this Act shall be held to
limit in any manner the power of any municipality or other
political subdivision to prohibit animals from running at
large, nor shall anything in this Act be construed to, in any
manner, limit the power of any municipality or other political
subdivision to further control and regulate dogs, cats or other
animals in such municipality or other political subdivision
provided that no regulation, policy or ordinance is specific to
breed.
(Source: P.A. 93-548, eff. 8-19-03.)
 
    (510 ILCS 5/35)
    Sec. 35. Liability.
    (a) Any municipality, or political subdivision, or State
university or community college allowing feral cat colonies and
trap, sterilize, vaccinate for rabies, and return programs to
help control cat overpopulation shall be immune from criminal
liability and shall not be civilly liable, except for willful
and wanton misconduct, for damages that may result from a feral
cat. Any municipality or political subdivision allowing dog
parks shall be immune from criminal liability and shall not be
civilly liable, except for willful and wanton misconduct, for
damages that may result from occurrences in the dog park.
    (b) Any veterinarian, or animal shelter, or animal control
facility who in good faith contacts the registered owner,
agent, or caretaker of a microchipped animal shall be immune
from criminal liability and shall not, as a result of his or
her acts or omissions, except for willful and wanton
misconduct, be liable for civil damages.
    (c) Any veterinarian who sterilizes feral cats and any
feral cat caretaker who traps cats for a trap, sterilize,
vaccinate for rabies, and return program shall be immune from
criminal liability and shall not, as a result of his or her
acts or omissions, except for willful and wanton misconduct, be
liable for civil damages.
    (d) Any animal shelter or animal control facility worker
who microchips an animal shall be immune from criminal
liability and shall not, as a result of his or her acts or
omissions, except for willful and wanton misconduct, be liable
for civil damages.
(Source: P.A. 97-240, eff. 1-1-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/9/2019