100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5246

 

Introduced , by Rep. Sara Wojcicki Jimenez

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 605/2  from Ch. 8, par. 302
225 ILCS 605/2.2  from Ch. 8, par. 302.2
225 ILCS 605/3  from Ch. 8, par. 303
225 ILCS 605/3.1  from Ch. 8, par. 303.1

    Amends the Animal Welfare Act. Provides that 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, except for a person who owns, has possession of, or harbors 5 or less females capable of reproduction, is a cat breeder (rather than a kennel operator). Provides that a person who sells, offers to sell, exchanges, or offers for adoption with or without charge dogs that he or she has produced and raised, except for a person who owns, has possession of, or harbors 5 or less females capable of reproduction, is a dog breeder (rather than a kennel operator). Removes the definition of "cattery operator". Defines "day care operator". Makes provisions currently applicable to kennel operators and cattery operators applicable to dog breeders, cat breeders, and day care operators.


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A BILL FOR

 

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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, 2.2, 3, and 3.1 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

 

 

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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    "Boarding" means a time frame greater than 12 hours or an
24overnight period during which an animal is kept by a kennel
25operator.
26    "Cat breeder" means a person who sells, offers to sell,

 

 

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1exchanges, or offers for adoption with or without charge cats
2that he or she has produced and raised. A person who owns, has
3possession of, or harbors 5 or less females capable of
4reproduction shall not be considered a cat breeder.
5    "Dog breeder" means a person who sells, offers to sell,
6exchanges, or offers for adoption with or without charge dogs
7that he has produced and raised. A person who owns, has
8possession of, or harbors 5 or less females capable of
9reproduction shall not be considered a dog breeder.
10    "Cattery operator" means any person who operates an
11establishment, other than an animal control facility or animal
12shelter, where cats are maintained for boarding, training or
13similar purposes for a fee or compensation; or who sells,
14offers to sell, exchange, or offers for adoption with or
15without charges cats which he has produced and raised. A person
16who owns, has possession of, or harbors 5 or less females
17capable of reproduction shall not be considered a cattery
18operator.
19    "Animal control facility" means any facility operated by or
20under contract for the State, county, or any municipal
21corporation or political subdivision of the State for the
22purpose of impounding or harboring seized, stray, homeless,
23abandoned or unwanted dogs, cats, and other animals. "Animal
24control facility" also means any veterinary hospital or clinic
25operated by a veterinarian or veterinarians licensed under the
26Veterinary Medicine and Surgery Practice Act of 2004 which

 

 

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1operates for the above mentioned purpose in addition to its
2customary purposes.
3    "Animal shelter" means a facility operated, owned, or
4maintained by a duly incorporated humane society, animal
5welfare society, or other non-profit organization for the
6purpose of providing for and promoting the welfare, protection,
7and humane treatment of animals. "Animal shelter" also means
8any veterinary hospital or clinic operated by a veterinarian or
9veterinarians licensed under the Veterinary Medicine and
10Surgery Practice Act of 2004 which operates for the above
11mentioned purpose in addition to its customary purposes.
12    "Day care operator" means a person who operates an
13establishment, other than an animal control facility,
14veterinary hospital, or animal shelter, where dogs or dogs and
15cats are kept for a period of time not exceeding 12 hours.
16    "Foster home" means an entity that accepts the
17responsibility for stewardship of animals that are the
18obligation of an animal shelter, not to exceed 4 animals at any
19given time. Permits to operate as a "foster home" shall be
20issued through the animal shelter.
21    "Guard dog service" means an entity that, for a fee,
22furnishes or leases guard or sentry dogs for the protection of
23life or property. A person is not a guard dog service solely
24because he or she owns a dog and uses it to guard his or her
25home, business, or farmland.
26    "Guard dog" means a type of dog used primarily for the

 

 

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1purpose of defending, patrolling, or protecting property or
2life at a commercial establishment other than a farm. "Guard
3dog" does not include stock dogs used primarily for handling
4and controlling livestock or farm animals, nor does it include
5personally owned pets that also provide security.
6    "Sentry dog" means a dog trained to work without
7supervision in a fenced facility other than a farm, and to
8deter or detain unauthorized persons found within the facility.
9    "Probationary status" means the 12-month period following
10a series of violations of this Act during which any further
11violation shall result in an automatic 12-month suspension of
12licensure.
13    "Owner" means any person having a right of property in an
14animal, who keeps or harbors an animal, who has an animal in
15his or her care or acts as its custodian, or who knowingly
16permits a dog to remain on any premises occupied by him or her.
17"Owner" does not include a feral cat caretaker participating in
18a trap, spay/neuter, return or release program.
19(Source: P.A. 99-310, eff. 1-1-16.)
 
20    (225 ILCS 605/2.2)  (from Ch. 8, par. 302.2)
21    Sec. 2.2. No dog dealer, dog breeder, or cat breeder kennel
22operator, or cattery operator shall separate a puppy or kitten
23from its mother, for the purpose of sale, until such puppy or
24kitten has attained the age of 8 weeks.
25    All licensees under this Act shall maintain records of the

 

 

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1origin and sale of all dogs, and such records shall be made
2available for inspection by the Secretary or the Department
3upon demand. Such records must contain proof in proper form of
4purebreds and their pedigree, and evidence of such proof must
5be provided to any person acquiring a dog from a licensee under
6this Act. In addition, guard dog services shall be required to
7maintain records of transfer of ownership, death, or
8disappearance of a guard dog or sentry dog used by that guard
9dog service.
10(Source: P.A. 89-178, eff. 7-19-95.)
 
11    (225 ILCS 605/3)  (from Ch. 8, par. 303)
12    Sec. 3. (a) Except as provided in subsection (b) of this
13Section, no person shall engage in business as a pet shop
14operator, dog dealer, kennel operator, day care operator, dog
15breeder, or cat breeder cattery operator, or operate a guard
16dog service, an animal control facility, or animal shelter, or
17any combination thereof, in this State without a license
18therefor issued by the Department. Only one license shall be
19required for any combination of businesses at one location,
20except that a separate license shall be required to operate a
21guard dog service. Guard dog services that are located outside
22this State but provide services within this State are required
23to obtain a license from the Department. Out-of-state guard dog
24services are required to comply with the requirements of this
25Act with regard to guard dogs and sentry dogs transported to or

 

 

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1used within this State.
2    (b) This Act does not apply to a private detective agency
3or private security agency licensed under the Private
4Detective, Private Alarm, Private Security, Fingerprint
5Vendor, and Locksmith Act of 2004 that provides guard dog or
6canine odor detection services and does not otherwise operate a
7kennel for hire.
8(Source: P.A. 95-613, eff. 9-11-07.)
 
9    (225 ILCS 605/3.1)  (from Ch. 8, par. 303.1)
10    Sec. 3.1. Information on dogs and cats for sale by a dog
11dealer, dog breeder, or cat breeder or cattery operator. Every
12dog dealer, dog breeder, and cat breeder and cattery operator
13shall provide the following information for every dog or cat
14available for sale:
15        (a) The age, sex, and weight of the animal.
16        (b) The breed of the animal.
17        (c) A record of vaccinations and veterinary care and
18    treatment.
19        (d) A record of surgical sterilization or lack of
20    surgical sterilization.
21        (e) The name and address of the breeder of the animal.
22        (f) The name and address of any other person who owned
23    or harbored the animal between its birth and the point of
24    sale.
25        (g) Documentation that indicates that the dog or cat

 

 

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1    has been microchipped and the microchip has been enrolled
2    in a nationally searchable database.
3(Source: P.A. 100-322, eff. 8-24-17.)