Sen. Linda Holmes

Filed: 3/14/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 61

2    AMENDMENT NO. ______. Amend Senate Bill 61 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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

 

 

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

 

 

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

 

 

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1life at a commercial establishment other than a farm. "Guard
2dog" does not include stock dogs used primarily for handling
3and controlling livestock or farm animals, nor does it include
4personally owned pets that also provide security.
5    "Return" in return to field or trap, neuter, return program
6means to return the cat to field after it has been sterilized
7and vaccinated for rabies.
8    "Sentry dog" means a dog trained to work without
9supervision in a fenced facility other than a farm, and to
10deter or detain unauthorized persons found within the facility.
11    "Probationary status" means the 12-month period following
12a series of violations of this Act during which any further
13violation shall result in an automatic 12-month suspension of
14licensure.
15    "Owner" means any person having a right of property in an
16animal, who keeps or harbors an animal, who has an animal in
17his or her care or acts as its custodian, or who knowingly
18permits a dog to remain on any premises occupied by him or her.
19"Owner" does not include a feral cat caretaker participating in
20a trap, spay/neuter, vaccinate for rabies, or return or release
21program.
22(Source: P.A. 99-310, eff. 1-1-16; 100-842, eff. 1-1-19;
23100-870, eff. 1-1-19; revised 10-22-18.)
 
24    (225 ILCS 605/3)  (from Ch. 8, par. 303)
25    Sec. 3. (a) Except as provided in subsection (b) of this

 

 

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1Section, no person shall engage in business as a pet shop
2operator, dog dealer, kennel operator, day care operator, dog
3breeder, or cat breeder or operate a guard dog service, an
4animal control facility, or animal shelter, or any combination
5thereof, in this State without a license therefor issued by the
6Department. If one business conducts more than one such
7operation, each operation shall be licensed separately. Only
8one license shall be required for any combination of businesses
9at one location, except that a separate license shall be
10required to operate a guard dog service. Guard dog services
11that are located outside this State but provide services within
12this State are required to obtain a license from the
13Department. Out-of-state guard dog services are required to
14comply with the requirements of this Act with regard to guard
15dogs and sentry dogs transported to or used within this State.
16    (b) This Act does not apply to a private detective agency
17or private security agency licensed under the Private
18Detective, Private Alarm, Private Security, Fingerprint
19Vendor, and Locksmith Act of 2004 that provides guard dog or
20canine odor detection services and does not otherwise operate a
21kennel for hire.
22(Source: P.A. 100-842, eff. 1-1-19.)
 
23    (225 ILCS 605/3.2)
24    Sec. 3.2. Foster homes. A person shall not operate a foster
25home without affiliating by formal written agreement with an

 

 

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1animal shelter or animal control facility for which that person
2will operate the foster home first obtaining a permit from the
3animal shelter or animal control facility for which that person
4will operate the foster home. The written agreement shall
5include a clause allowing for the Department to inspect the
6foster home. The animal shelter or animal control facility
7shall be responsible for the records and have the obligation of
8stewardship for animals in the foster home with which it
9affiliates. Upon application and payment of the required fees
10by the animal shelter, the Department shall issue foster home
11permits to the animal shelter. The animal shelter shall be
12responsible for the records and have all the obligations of
13stewardship for animals in the foster homes to which it issues
14permits.
15    Foster homes shall provide the care for animals required by
16this Act and shall report any deviation that might affect its
17adherence to its written agreement with the affiliating animal
18shelter or animal control facility the status of the license or
19permit to the animal shelter. If the subject of a complaint, a
20foster home may be inspected by the Department under the
21Department's licensing authority relative to the affiliating
22animal shelter or animal control facility. Refusal of the
23Department's inspection may result in revocation of the
24license.
25    A foster home shall not care for more than 4 foster animals
26or more than 2 litters under 8 weeks of age at any one time.

 

 

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1(Source: P.A. 100-870, eff. 1-1-19.)
 
2    (225 ILCS 605/3.3)
3    Sec. 3.3. Adoption of dogs and cats.
4    (a) An animal shelter or animal control facility shall not
5adopt out any dog or adopt out or return to field any cat
6unless it has been sterilized and microchipped. However, an
7animal shelter, or animal control facility may adopt out a dog
8or cat that has not been sterilized and microchipped if:
9        (1) if the cat or dog is less than 5 months of age and
10    the licensee takes the animal to a licensed veterinarian
11    for sterilization and the adopting owner picks up the
12    animal from the veterinarian after the sterilizing
13    procedures have been performed on the animal. The adopting
14    owner is responsible for all veterinary and boarding fees,
15    or the adopting owner has executed a written agreement
16    agreeing to have sterilizing and microchipping procedures
17    performed on the animal to be adopted within a specified
18    period of time not to exceed 30 days after the date of the
19    adoption, or
20        (2) the adopting owner has executed a written agreement
21    to have sterilizing and microchipping procedures performed
22    within 14 days after a licensed veterinarian certifies the
23    dog or cat is healthy enough for sterilizing and
24    microchipping procedures, and a licensed veterinarian has
25    certified that the dog or cat is too sick or injured to be

 

 

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1    sterilized or it would be detrimental to the health of the
2    dog or cat to be sterilized or microchipped at the time of
3    the adoption.
4    (b) An animal shelter or animal control facility may adopt
5out any dog or cat that is not free of disease, injury, or
6abnormality if the disease, injury, or abnormality is disclosed
7in writing to the adopter, and the animal shelter or animal
8control facility allows the adopter to return the animal to the
9animal shelter or animal control facility.
10    (c) The requirements of subsections (a) and (b) of this
11Section do not apply to adoptions subject to Section 11 of the
12Animal Control Act.
13(Source: P.A. 96-314, eff. 8-11-09.)
 
14    (225 ILCS 605/7)  (from Ch. 8, par. 307)
15    Sec. 7. Applications for renewal licenses shall be made to
16the Department in a manner prescribed by the Department, shall
17contain such information as will enable the Department to
18determine if the applicant is qualified to continue to hold a
19license, shall report beginning inventory and intake and
20outcome statistics from the previous calendar year, and shall
21be accompanied by the required fee, which shall not be
22returnable. The report of intake and outcome statistics shall
23include the following:
24        (1) The total number of dogs, cats, and other animals,
25    divided into species, taken in by the animal shelter or

 

 

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1    animal control facility, in the following categories:
2            (A) surrendered by owner;
3            (B) stray;
4            (C) impounded other than stray;
5            (D) confiscated under the Humane Care for Animals
6        Act;
7            (E) transfer from other licensees within the
8        State;
9            (F) transferred into or imported from out of the
10        State;
11            (G) transferred into or imported from outside the
12        country; and
13            (H) born in shelter or animal control facility.
14        (2) The disposition of all dogs, cats, and other
15    animals taken in by the animal shelter or animal control
16    facility, divided into species. This data must include
17    dispositions by:
18            (A) reclamation by owner;
19            (B) adopted or sold;
20            (C) euthanized;
21            (D) euthanized per request of the owner;
22            (E) died in custody;
23            (F) transferred to another licensee;
24            (G) transferred to an out-of-State nonprofit
25        agency;
26            (H) animals missing, stolen, or escaped;

 

 

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1            (I) cats returned animals released in field;
2        trapped, neutered, released; and
3            (J) ending inventory; shelter count at end of the
4        last day of the year.
5    The Department shall not be required to audit or validate
6the intake and outcome statistics required to be submitted
7under this Section.
8(Source: P.A. 100-870, eff. 1-1-19.)
 
9    (225 ILCS 605/20.5)
10    Sec. 20.5. Administrative fines. The following
11administrative fines may shall be imposed by the Department
12upon any person or entity who violates any provision of this
13Act or any rule adopted by the Department under this Act:
14        (1) For the first violation, a fine of $1,000 $500.
15        (2) For a second violation that occurs within 2 3 years
16    after the first violation, a fine of $2,500 $1,000.
17        (3) For a third violation that occurs within 2 3 years
18    after the first violation, mandatory probationary status
19    and a fine of $3,000 $2,500.
20    If a person or entity fails or refuses to pay an
21administrative fine authorized by this Section, the Department
22may prohibit that person or entity from renewing a license
23under this Act until the fine is paid in full. Any penalty of
24$500 or more not paid within 120 days of issuance by the
25Department shall be submitted to the Department of Revenue for

 

 

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1collection as provided under the Illinois State Collection Act
2of 1986.
3(Source: P.A. 98-855, eff. 8-4-14.)
 
4    (225 ILCS 605/21)  (from Ch. 8, par. 321)
5    Sec. 21. The following fees shall accompany each
6application for a license, which fees shall not be returnable:
7    a. for an original license to an individual ...... $350 $25
8    b. for an original license to a partnership, animal
9shelter, or animal control facility or
10            corporation .............................. $350 $25
11    c. for an annual renewal license ................. $100 $25
12    d. for each branch office license ................ $100 $25
13    e. for the renewal of any license not renewed by
14            July 1 of the year ....................... $400 $40
15    f. (blank) for a permit for a foster home ............................................................. $25
16    g. (blank) for renewal of a permit for a foster home ............................................................. $25
17(Source: P.A. 89-178, eff. 7-19-95.)
 
18    Section 15. The Animal Control Act is amended by changing
19Sections 2.01, 2.07, 2.16, 11, 15, 24, and 35 and by adding
20Sections 2.19-1, 2.19-3, and 2.19a-5 as follows:
 
21    (510 ILCS 5/2.01)  (from Ch. 8, par. 352.01)
22    Sec. 2.01. Administrator. "Administrator" means a
23veterinarian licensed by the State of Illinois and appointed

 

 

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1pursuant to this Act, or in the event a veterinarian cannot be
2found and appointed pursuant to this Act, a non-veterinarian
3may serve as Administrator under this Act. In the event the
4Administrator is not a veterinarian, the Administrator shall
5defer to the Deputy Administrator veterinarian regarding all
6medical decisions.
7(Source: P.A. 93-548, eff. 8-19-03.)
 
8    (510 ILCS 5/2.07)  (from Ch. 8, par. 352.07)
9    Sec. 2.07. Deputy Administrator. "Deputy Administrator"
10means a veterinarian licensed by the State of Illinois,
11appointed by the Administrator or the County Board.
12(Source: P.A. 93-548, eff. 8-19-03.)
 
13    (510 ILCS 5/2.16)  (from Ch. 8, par. 352.16)
14    Sec. 2.16. Owner. "Owner" means any person having a right
15of property in an animal, or who keeps or harbors an animal, or
16who has it in his care, or acts as its custodian, or who
17knowingly permits a dog to remain on any premises occupied by
18him or her. "Owner" does not include a feral cat caretaker
19participating in a trap, spay/neuter, vaccinate for rabies, or
20return or release program.
21(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
 
22    (510 ILCS 5/2.19-3 new)
23    Sec. 2.19-3. Return. "Return" in return to field or trap,

 

 

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1neuter, return program means to return the cat to field after
2it has been sterilized and vaccinated for rabies.
 
3    (510 ILCS 5/11)  (from Ch. 8, par. 361)
4    Sec. 11. Animal placement. When not redeemed by the owner,
5agent, or caretaker, a dog or cat must be scanned for a
6microchip. If a microchip is present, the registered owner or
7chip purchaser if the purchaser was a nonprofit organization,
8animal shelter, animal control facility, pet store, breeder, or
9veterinary office must be notified. After contact has been made
10or attempted, dogs or cats deemed adoptable by the animal
11control facility shall be offered for adoption, or made
12available to a licensed animal shelter, humane society or
13rescue group. After contact has been made or attempted, the
14animal control facility may either: (1) offer the cat for
15adoption; (2) return to field or transfer the cat after
16sterilization; or (3) make the cat available to a licensed
17animal shelter or animal control facility. The If no placement
18is available, the animal may be humanely dispatched pursuant to
19the Humane Euthanasia in Animal Shelters Act. An animal control
20facility, animal pound or animal shelter shall not adopt or
21release any dog or cat to anyone other than the owner unless
22the animal has been rendered incapable of reproduction and
23microchipped or if the cat or dog is less than 5 months of age
24and the licensee takes the animal to a licensed veterinarian
25for sterilization and the adopting owner picks up the animal

 

 

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1from the veterinarian after the sterilizing procedures have
2been performed on the animal. The adopting owner is responsible
3for all veterinary and boarding fees. , or the person wishing
4to adopt an animal prior to the surgical procedures having been
5performed shall have executed a written agreement promising to
6have such service performed, including microchipping, within a
7specified period of time not to exceed 30 days. Failure to
8fulfill the terms of the agreement shall result in seizure and
9impoundment of the animal and any offspring by the animal pound
10or shelter, and any monies which have been deposited shall be
11forfeited and submitted to the county Pet Population Control
12Fund on a yearly basis. This Act shall not prevent humane
13societies or animal shelters from engaging in activities set
14forth by their charters; provided, they are not inconsistent
15with provisions of this Act and other existing laws. No animal
16shelter or animal control facility shall release dogs or cats
17to an individual representing a rescue group, unless the group
18has been licensed or has a foster care permit issued by the
19Illinois Department of Agriculture or is a representative of a
20not-for-profit out-of-state organization, animal shelter, or
21animal control facility. The Department may suspend or revoke
22the license of any animal shelter or animal control facility
23that fails to comply with the requirements set forth in this
24Section or that fails to report its intake and euthanasia
25statistics as required by law each year.
26(Source: P.A. 100-870, eff. 1-1-19.)
 

 

 

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1    (510 ILCS 5/24)  (from Ch. 8, par. 374)
2    Sec. 24. Limitations. Nothing in this Act shall be held to
3limit in any manner the power of any municipality or other
4political subdivision to prohibit animals from running at
5large, nor shall anything in this Act be construed to, in any
6manner, limit the power of any municipality or other political
7subdivision to further control and regulate dogs, cats or other
8animals in such municipality or other political subdivision
9provided that no regulation, policy or ordinance is specific to
10breed.
11(Source: P.A. 93-548, eff. 8-19-03.)
 
12    (510 ILCS 5/35)
13    Sec. 35. Liability.
14    (a) Any municipality, or political subdivision, or State
15university or community college allowing feral cat colonies and
16trap, sterilize, vaccinate for rabies, and return programs to
17help control cat overpopulation shall be immune from criminal
18liability and shall not be civilly liable, except for willful
19and wanton misconduct, for damages that may result from a feral
20cat. Any municipality or political subdivision allowing dog
21parks shall be immune from criminal liability and shall not be
22civilly liable, except for willful and wanton misconduct, for
23damages that may result from occurrences in the dog park.
24    (b) Any veterinarian, or animal shelter, or animal control

 

 

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