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1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 10. The Animal Welfare Act is amended by changing
5Sections 2, 3, 3.2, 3.3, 7, 20.5, and 21 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.
19    "Boarding" means a time frame greater than 12 hours or an
20overnight period during which an animal is kept by a kennel
21operator.
22    "Cat breeder" means a person who sells, offers to sell,
23exchanges, or offers for adoption with or without charge cats
24that he or she has produced and raised. A person who owns, has
25possession of, or harbors 5 or less females capable of
26reproduction shall not be considered a cat breeder.

 

 

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1    "Dog breeder" means a person who sells, offers to sell,
2exchanges, or offers for adoption with or without charge dogs
3that he has produced and raised. A person who owns, has
4possession of, or harbors 5 or less females capable of
5reproduction shall not be considered a dog breeder.
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. An organization that does not
21have its own building that maintains animals solely in foster
22homes or other licensees is an "animal shelter" for purposes of
23this Act. "Animal shelter" also means any veterinary hospital
24or clinic operated by a veterinarian or veterinarians licensed
25under the Veterinary Medicine and Surgery Practice Act of 2004
26which operates for the above mentioned purpose in addition to

 

 

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1its customary purposes.
2    "Day care operator" means a person who operates an
3establishment, other than an animal control facility,
4veterinary hospital, or animal shelter, where dogs or dogs and
5cats are kept for a period of time not exceeding 12 hours.
6    "Foster home" means an entity that accepts the
7responsibility for stewardship of animals that are the
8obligation of an animal shelter or animal control facility, not
9to exceed 4 foster animals or 2 litters under 8 weeks of age at
10any given time. A written agreement Permits to operate as a
11"foster home" shall be contracted with issued through the
12animal shelter or animal control facility.
13    "Guard dog service" means an entity that, for a fee,
14furnishes or leases guard or sentry dogs for the protection of
15life or property. A person is not a guard dog service solely
16because he or she owns a dog and uses it to guard his or her
17home, business, or farmland.
18    "Guard dog" means a type of dog used primarily for the
19purpose of defending, patrolling, or protecting property or
20life at a commercial establishment other than a farm. "Guard
21dog" does not include stock dogs used primarily for handling
22and controlling livestock or farm animals, nor does it include
23personally owned pets that also provide security.
24    "Return" in return to field or trap, neuter, return program
25means to return the cat to field after it has been sterilized
26and vaccinated for rabies.

 

 

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1    "Sentry dog" means a dog trained to work without
2supervision in a fenced facility other than a farm, and to
3deter or detain unauthorized persons found within the facility.
4    "Probationary status" means the 12-month period following
5a series of violations of this Act during which any further
6violation shall result in an automatic 12-month suspension of
7licensure.
8    "Owner" means any person having a right of property in an
9animal, who keeps or harbors an animal, who has an animal in
10his or her care or acts as its custodian, or who knowingly
11permits a dog to remain on any premises occupied by him or her.
12"Owner" does not include a feral cat caretaker participating in
13a trap, spay/neuter, vaccinate for rabies, and return or
14release program.
15(Source: P.A. 99-310, eff. 1-1-16; 100-842, eff. 1-1-19;
16100-870, eff. 1-1-19; revised 10-22-18.)
 
17    (225 ILCS 605/3)  (from Ch. 8, par. 303)
18    Sec. 3. (a) Except as provided in subsection (b) of this
19Section, no person shall engage in business as a pet shop
20operator, dog dealer, kennel operator, day care operator, dog
21breeder, or cat breeder or operate a guard dog service, an
22animal control facility, or animal shelter, or any combination
23thereof, in this State without a license therefor issued by the
24Department. If one business conducts more than one such
25operation, each operation shall be licensed separately. Only

 

 

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1one license shall be required for any combination of businesses
2at one location, except that a separate license shall be
3required to operate a guard dog service. Guard dog services
4that are located outside this State but provide services within
5this State are required to obtain a license from the
6Department. Out-of-state guard dog services are required to
7comply with the requirements of this Act with regard to guard
8dogs and sentry dogs transported to or used within this State.
9    (b) This Act does not apply to a private detective agency
10or private security agency licensed under the Private
11Detective, Private Alarm, Private Security, Fingerprint
12Vendor, and Locksmith Act of 2004 that provides guard dog or
13canine odor detection services and does not otherwise operate a
14kennel for hire.
15(Source: P.A. 100-842, eff. 1-1-19.)
 
16    (225 ILCS 605/3.2)
17    Sec. 3.2. Foster homes. A person shall not operate a foster
18home without affiliating by formal written agreement with an
19animal shelter or animal control facility for which that person
20will operate the foster home first obtaining a permit from the
21animal shelter or animal control facility for which that person
22will operate the foster home. The written agreement shall
23include a clause allowing for the Department to inspect the
24foster home. The animal shelter or animal control facility
25shall be responsible for the records and have the obligation of

 

 

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1stewardship for animals in the foster home with which it
2affiliates. Upon application and payment of the required fees
3by the animal shelter, the Department shall issue foster home
4permits to the animal shelter. The animal shelter shall be
5responsible for the records and have all the obligations of
6stewardship for animals in the foster homes to which it issues
7permits.
8    Foster homes shall provide the care for animals required by
9this Act and shall report any deviation that might affect its
10adherence to its written agreement with the affiliating animal
11shelter or animal control facility the status of the license or
12permit to the animal shelter. If the subject of a complaint, a
13foster home may be inspected by the Department under the
14Department's licensing authority relative to the affiliating
15animal shelter or animal control facility. Refusal of the
16Department's inspection may result in revocation of the
17license.
18    A foster home shall not care for more than 4 foster animals
19or more than 2 litters under 8 weeks of age at any one time.
20(Source: P.A. 100-870, eff. 1-1-19.)
 
21    (225 ILCS 605/3.3)
22    Sec. 3.3. Adoption of dogs and cats.
23    (a) An animal shelter or animal control facility shall not
24adopt out any dog or adopt out or return to field any cat
25unless it has been sterilized and microchipped. However, an

 

 

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1animal shelter, or animal control facility may adopt out a dog
2or cat that has not been sterilized and microchipped if:
3        (1) Blank; or the adopting owner has executed a written
4    agreement agreeing to have sterilizing and microchipping
5    procedures performed on the animal to be adopted within a
6    specified period of time not to exceed 30 days after the
7    date of the adoption, or
8        (2) the adopting owner has executed a written agreement
9    to have sterilizing and microchipping procedures performed
10    within 14 days after a licensed veterinarian certifies the
11    dog or cat is healthy enough for sterilizing and
12    microchipping procedures, and a licensed veterinarian has
13    certified that the dog or cat is too sick or injured to be
14    sterilized or it would be detrimental to the health of the
15    dog or cat to be sterilized or microchipped at the time of
16    the adoption.
17    (b) An animal shelter or animal control facility may adopt
18out any dog or cat that is not free of disease, injury, or
19abnormality if the disease, injury, or abnormality is disclosed
20in writing to the adopter, and the animal shelter or animal
21control facility allows the adopter to return the animal to the
22animal shelter or animal control facility.
23    (c) The requirements of subsections (a) and (b) of this
24Section do not apply to adoptions subject to Section 11 of the
25Animal Control Act.
26(Source: P.A. 96-314, eff. 8-11-09.)
 

 

 

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1    (225 ILCS 605/7)  (from Ch. 8, par. 307)
2    Sec. 7. Applications for renewal licenses shall be made to
3the Department in a manner prescribed by the Department, shall
4contain such information as will enable the Department to
5determine if the applicant is qualified to continue to hold a
6license, shall report beginning inventory and intake and
7outcome statistics from the previous calendar year, and shall
8be accompanied by the required fee, which shall not be
9returnable. The report of intake and outcome statistics shall
10include the following:
11        (1) The total number of dogs, cats, and other animals,
12    divided into species, taken in by the animal shelter or
13    animal control facility, in the following categories:
14            (A) surrendered by owner;
15            (B) stray;
16            (C) impounded other than stray;
17            (D) confiscated under the Humane Care for Animals
18        Act;
19            (E) transfer from other licensees within the
20        State;
21            (F) transferred into or imported from out of the
22        State;
23            (G) transferred into or imported from outside the
24        country; and
25            (H) born in shelter or animal control facility.

 

 

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1        (2) The disposition of all dogs, cats, and other
2    animals taken in by the animal shelter or animal control
3    facility, divided into species. This data must include
4    dispositions by:
5            (A) reclamation by owner;
6            (B) adopted or sold;
7            (C) euthanized;
8            (D) euthanized per request of the owner;
9            (E) died in custody;
10            (F) transferred to another licensee;
11            (G) transferred to an out-of-State nonprofit
12        agency;
13            (H) animals missing, stolen, or escaped;
14            (I) cats returned animals released in field;
15        trapped, neutered, released; and
16            (J) ending inventory; shelter count at end of the
17        last day of the year.
18    The Department shall not be required to audit or validate
19the intake and outcome statistics required to be submitted
20under this Section.
21(Source: P.A. 100-870, eff. 1-1-19.)
 
22    (225 ILCS 605/20.5)
23    Sec. 20.5. Administrative fines. The following
24administrative fines may shall be imposed by the Department
25upon any person or entity who violates any provision of this

 

 

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1Act or any rule adopted by the Department under this Act:
2        (1) For the first violation, a fine of $1,000 $500.
3        (2) For a second violation that occurs within 2 3 years
4    after the first violation, a fine of $2,500 $1,000.
5        (3) For a third violation that occurs within 2 3 years
6    after the first violation, mandatory probationary status
7    and a fine of $3,000 $2,500.
8    If a person or entity fails or refuses to pay an
9administrative fine authorized by this Section, the Department
10may prohibit that person or entity from renewing a license
11under this Act until the fine is paid in full. Any penalty of
12$500 or more not paid within 120 days of issuance by the
13Department shall be submitted to the Department of Revenue for
14collection as provided under the Illinois State Collection Act
15of 1986.
16(Source: P.A. 98-855, eff. 8-4-14.)
 
17    (225 ILCS 605/21)  (from Ch. 8, par. 321)
18    Sec. 21. The following fees shall accompany each
19application for a license, which fees shall not be returnable:
20    a. for an original license to an individual ...... $350 $25
21    b. for an original license to a partnership, animal
22shelter, or animal control facility or
23            corporation .............................. $350 $25
24    c. for an annual renewal license ................. $100 $25
25    d. for each branch office license ................ $100 $25

 

 

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1    e. for the renewal of any license not renewed by
2            July 1 of the year ....................... $400 $40
3    f. (blank) for a permit for a foster home ............................................................. $25
4    g. (blank) for renewal of a permit for a foster home ............................................................. $25
5(Source: P.A. 89-178, eff. 7-19-95.)
 
6    Section 15. The Animal Control Act is amended by changing
7Sections 2.01, 2.07, 2.16, 11, 24, and 35 and by adding
8Sections 2.19-3 as follows:
 
9    (510 ILCS 5/2.01)  (from Ch. 8, par. 352.01)
10    Sec. 2.01. Administrator. "Administrator" means a
11veterinarian licensed by the State of Illinois and appointed
12pursuant to this Act, or in the event a veterinarian cannot be
13found and appointed pursuant to this Act, a non-veterinarian
14may serve as Administrator under this Act. In the event the
15Administrator is not a veterinarian, the Administrator shall
16defer to the Deputy Administrator veterinarian regarding all
17medical decisions.
18(Source: P.A. 93-548, eff. 8-19-03.)
 
19    (510 ILCS 5/2.07)  (from Ch. 8, par. 352.07)
20    Sec. 2.07. Deputy Administrator. "Deputy Administrator"
21means a veterinarian licensed by the State of Illinois,
22appointed by the Administrator or the County Board.
23(Source: P.A. 93-548, eff. 8-19-03.)
 

 

 

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1    (510 ILCS 5/2.16)  (from Ch. 8, par. 352.16)
2    Sec. 2.16. Owner. "Owner" means any person having a right
3of property in an animal, or who keeps or harbors an animal, or
4who has it in his care, or acts as its custodian, or who
5knowingly permits a dog to remain on any premises occupied by
6him or her. "Owner" does not include a feral cat caretaker
7participating in a trap, spay/neuter, vaccinate for rabies, and
8return or release program.
9(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
 
10    (510 ILCS 5/2.19-3 new)
11    Sec. 2.19-3. Return. "Return" in return to field or trap,
12neuter, return program means to return the cat to field after
13it has been sterilized and vaccinated for rabies.
 
14    (510 ILCS 5/11)  (from Ch. 8, par. 361)
15    Sec. 11. Animal placement. When not redeemed by the owner,
16agent, or caretaker, a dog or cat must be scanned for a
17microchip. If a microchip is present, the registered owner or
18chip purchaser if the purchaser was a nonprofit organization,
19animal shelter, animal control facility, pet store, breeder, or
20veterinary office must be notified. After contact has been made
21or attempted, dogs or cats deemed adoptable by the animal
22control facility shall be offered for adoption, or made
23available to a licensed animal shelter, humane society or

 

 

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1rescue group. After contact has been made or attempted, the
2animal control facility may either: (1) offer the cat for
3adoption; (2) return to field or transfer the cat after
4sterilization; or (3) make the cat available to a licensed
5animal shelter or animal control facility. The If no placement
6is available, the animal may be humanely dispatched pursuant to
7the Humane Euthanasia in Animal Shelters Act. An animal control
8facility or animal pound or animal shelter shall not adopt or
9release any dog or cat to anyone other than the owner or a
10foster home unless the animal has been rendered incapable of
11reproduction and microchipped. , or the person wishing to adopt
12an animal prior to the surgical procedures having been
13performed shall have executed a written agreement promising to
14have such service performed, including microchipping, within a
15specified period of time not to exceed 30 days. Failure to
16fulfill the terms of the agreement shall result in seizure and
17impoundment of the animal and any offspring by the animal pound
18or shelter, and any monies which have been deposited shall be
19forfeited and submitted to the county Pet Population Control
20Fund on a yearly basis. This Act shall not prevent humane
21societies or animal shelters from engaging in activities set
22forth by their charters; provided, they are not inconsistent
23with provisions of this Act and other existing laws. No animal
24shelter or animal control facility shall release dogs or cats
25to an individual representing a rescue group, unless the group
26has been licensed or has a foster care permit issued by the

 

 

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1Illinois Department of Agriculture or is a representative of a
2not-for-profit out-of-state organization, animal shelter, or
3animal control facility. The Department may suspend or revoke
4the license of any animal shelter or animal control facility
5that fails to comply with the requirements set forth in this
6Section or that fails to report its intake and euthanasia
7statistics as required by law each year.
8(Source: P.A. 100-870, eff. 1-1-19.)
 
9    (510 ILCS 5/24)  (from Ch. 8, par. 374)
10    Sec. 24. Limitations. Nothing in this Act shall be held to
11limit in any manner the power of any municipality or other
12political subdivision to prohibit animals from running at
13large, nor shall anything in this Act be construed to, in any
14manner, limit the power of any municipality or other political
15subdivision to further control and regulate dogs, cats or other
16animals in such municipality or other political subdivision
17provided that no regulation, policy or ordinance is specific to
18breed.
19(Source: P.A. 93-548, eff. 8-19-03.)
 
20    (510 ILCS 5/35)
21    Sec. 35. Liability.
22    (a) Any municipality, or political subdivision, or State
23university or community college allowing feral cat colonies and
24trap, sterilize, vaccinate for rabies, and return programs to

 

 

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1help control cat overpopulation shall be immune from criminal
2liability and shall not be civilly liable, except for willful
3and wanton misconduct, for damages that may result from a feral
4cat. Any municipality or political subdivision allowing dog
5parks shall be immune from criminal liability and shall not be
6civilly liable, except for willful and wanton misconduct, for
7damages that may result from occurrences in the dog park.
8    (b) Any veterinarian, or animal shelter, or animal control
9facility who in good faith contacts the registered owner,
10agent, or caretaker of a microchipped animal shall be immune
11from criminal liability and shall not, as a result of his or
12her acts or omissions, except for willful and wanton
13misconduct, be liable for civil damages.
14    (c) Any veterinarian who sterilizes feral cats and any
15feral cat caretaker who traps cats for a trap, sterilize,
16vaccinate for rabies, and return program shall be immune from
17criminal liability and shall not, as a result of his or her
18acts or omissions, except for willful and wanton misconduct, be
19liable for civil damages.
20    (d) Any animal shelter or animal control facility worker
21who microchips an animal shall be immune from criminal
22liability and shall not, as a result of his or her acts or
23omissions, except for willful and wanton misconduct, be liable
24for civil damages.
25(Source: P.A. 97-240, eff. 1-1-12.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.