HB4029 EngrossedLRB099 09451 AMC 29658 b

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
5Section 2 and by adding Section 3.10 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    "Cattery operator" means any person who operates an
24establishment, other than an animal control facility or animal
25shelter, where cats are maintained for boarding, training or
26similar purposes for a fee or compensation; or who sells,

 

 

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1offers to sell, exchange, or offers for adoption with or
2without charges cats which he has produced and raised. A person
3who owns, has possession of, or harbors 5 or less females
4capable of reproduction shall not be considered a cattery
5operator.
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. "Animal shelter" also means
21any veterinary hospital or clinic operated by a veterinarian or
22veterinarians licensed under the Veterinary Medicine and
23Surgery Practice Act of 2004 which operates for the above
24mentioned purpose in addition to its customary purposes.
25    "Foster home" means an entity that accepts the
26responsibility for stewardship of animals that are the

 

 

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1obligation of an animal shelter, not to exceed 4 animals at any
2given time. Permits to operate as a "foster home" shall be
3issued through the animal shelter.
4    "Guard dog service" means an entity that, for a fee,
5furnishes or leases guard or sentry dogs for the protection of
6life or property. A person is not a guard dog service solely
7because he or she owns a dog and uses it to guard his or her
8home, business, or farmland.
9    "Guard dog" means a type of dog used primarily for the
10purpose of defending, patrolling, or protecting property or
11life at a commercial establishment other than a farm. "Guard
12dog" does not include stock dogs used primarily for handling
13and controlling livestock or farm animals, nor does it include
14personally owned pets that also provide security.
15    "Sentry dog" means a dog trained to work without
16supervision in a fenced facility other than a farm, and to
17deter or detain unauthorized persons found within the facility.
18    "Probationary status" means the 12-month period following
19a series of violations of this Act during which any further
20violation shall result in an automatic 12-month suspension of
21licensure.
22    "Owner" means any person having a right of property in an
23animal, or who keeps or harbors an animal, has it in his or her
24care, acts as its custodian, or knowingly permits a dog to
25remain on any premises occupied by him or her. "Owner" does not
26include a feral cat caretaker participating in a trap,

 

 

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1spay/neuter, return or release program.
2    "Shelter director" means the shelter manager in charge of
3day-to-day operations of an animal shelter.
4(Source: P.A. 95-550, eff. 6-1-08.)
 
5    (225 ILCS 605/3.10 new)
6    Sec. 3.10. Identification of owners of dogs and cats.
7Within 24 hours after the intake of any dog or cat into a
8shelter, the dog or cat must be scanned for the presence of a
9microchip and examined for other currently acceptable methods
10of identification, including, but not limited to,
11identification tags, tattoos, and rabies license tags. The
12shelter director shall make every reasonable attempt to contact
13the owner, agent, or caretaker as soon as possible. The shelter
14director shall give notice of not less than 7 business days to
15the owner, agent, or caretaker prior to release of the animal
16to a foster home or different shelter or the adoption or
17euthanasia of the animal. The notice shall be mailed to the
18last known address of the owner, agent, or caretaker. Testimony
19of the shelter director, or his or her authorized agent, who
20mails the notice shall be evidence of the receipt of such
21notice by the owner, agent, or caretaker of the animal. A
22mailed notice shall remain the primary means of owner, agent,
23or caretaker contact; however, the shelter director shall also
24attempt to contact the owner, agent, or caretaker by any other
25contact information, such as by telephone or email address,

 

 

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1provided by the microchip or other method of identification
2found on the dog or cat. If the dog or cat has been
3microchipped and the primary contact listed by the chip
4manufacturer cannot be located or refuses to reclaim the dog or
5cat, an attempt shall be made to contact any secondary contacts
6listed by the chip manufacturer prior to adoption, transfer, or
7euthanization. Prior to transferring the dog or cat to another
8animal shelter or to a rescue group or for purposes of
9euthanization, the dog or cat shall be scanned again for the
10presence of a microchip and examined for other means of
11identification. If a second scan provides the same identifying
12information as the initial intake scan and the owner, agent, or
13caretaker has not been located or refuses to reclaim the dog or
14cat, the shelter may proceed with the adoption, transfer, or
15euthanization.