99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0108

 

Introduced 1/28/2015, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 605/2  from Ch. 8, par. 302
225 ILCS 605/3  from Ch. 8, par. 303
225 ILCS 605/5  from Ch. 8, par. 305
225 ILCS 605/10  from Ch. 8, par. 310
225 ILCS 605/21  from Ch. 8, par. 321
510 ILCS 70/2.01h

    Amends the Animal Welfare Act. Provides that the definition of "kennel operator" does not include an animal control facility operated directly by a government agency; a veterinary hospital that does not board animals overnight for other than ongoing veterinary treatment; or a person who owns, has possession of, or harbors 5 or fewer females capable of reproduction, unless the animals are being kept overnight for a fee or compensation. Requires veterinary hospitals engaged in boarding services to obtain kennel operator licenses. Requires applicants for original licensure to provide proof of zoning compliance. Provides that the Illinois Department of Agriculture may refuse to issue a license if the applicant, or a known prospective employee of the applicant, has ever been convicted of violating an animal cruelty statute. Provides that the Department shall not (instead of may refuse to) issue or renew a license and shall (instead of may) suspend or revoke a license if an applicant or licensee has engaged in certain activities or made certain types of misleading statements. Increases licensing fees. Amends the Humane Care for Animals Act. Changes the definition of "animal shelter" to exclude veterinary hospitals or clinics that also operate overnight boarding facilities.


LRB099 03856 HAF 23870 b

 

 

A BILL FOR

 

SB0108LRB099 03856 HAF 23870 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
5Sections 2, 3, 5, 10, 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 (1) 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, including boarding for or on behalf
19of a government agency; or (2) who sells, offers to sell,
20exchange, or offers for adoption with or without charge dogs or
21dogs and cats which he has produced and raised. However,
22"kennel operator" does not include an animal control facility
23operated directly by a government agency, a veterinary hospital
24that does not board animals overnight for other than ongoing
25veterinary treatment, or an animal shelter. A person who owns,
26has possession of, or harbors 5 or less females capable of

 

 

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

 

 

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1any veterinary hospital or clinic operated by a veterinarian or
2veterinarians licensed under the Veterinary Medicine and
3Surgery Practice Act of 2004 which operates for the above
4mentioned purpose in addition to its customary purposes.
5    "Foster home" means an entity that accepts the
6responsibility for stewardship of animals that are the
7obligation of an animal shelter, not to exceed 4 animals at any
8given time. Permits to operate as a "foster home" shall be
9issued through the animal shelter.
10    "Guard dog service" means an entity that, for a fee,
11furnishes or leases guard or sentry dogs for the protection of
12life or property. A person is not a guard dog service solely
13because he or she owns a dog and uses it to guard his or her
14home, business, or farmland.
15    "Guard dog" means a type of dog used primarily for the
16purpose of defending, patrolling, or protecting property or
17life at a commercial establishment other than a farm. "Guard
18dog" does not include stock dogs used primarily for handling
19and controlling livestock or farm animals, nor does it include
20personally owned pets that also provide security.
21    "Sentry dog" means a dog trained to work without
22supervision in a fenced facility other than a farm, and to
23deter or detain unauthorized persons found within the facility.
24    "Probationary status" means the 12-month period following
25a series of violations of this Act during which any further
26violation shall result in an automatic 12-month suspension of

 

 

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1licensure.
2(Source: P.A. 95-550, eff. 6-1-08.)
 
3    (225 ILCS 605/3)  (from Ch. 8, par. 303)
4    Sec. 3. (a) Except as provided in subsection (b) of this
5Section, no person shall engage in business as a pet shop
6operator, dog dealer, kennel operator, cattery operator, or
7operate a guard dog service, an animal control facility or
8animal shelter or any combination thereof, in this State
9without a license therefor issued by the Department. Only one
10license shall be required for any combination of businesses at
11one location, except for:
12        (1) a veterinary hospital that also operates a boarding
13    facility or kennel privately or under contract with a
14    government agency to provide confinement, including, but
15    not limited to, impoundment or quarantine services, which
16    must obtain a license as a kennel operator in addition to
17    being licensed to provide veterinary services; or
18        (2) that a separate license shall be required to
19    operate a guard dog service. Guard dog services that are
20    located outside this State but provide services within this
21    State are required to obtain a license from the Department.
22    Out-of-state guard dog services are required to comply with
23    the requirements of this Act with regard to guard dogs and
24    sentry dogs transported to or used within this State.
25    (b) This Act does not apply to a private detective agency

 

 

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1or private security agency licensed under the Private
2Detective, Private Alarm, Private Security, Fingerprint
3Vendor, and Locksmith Act of 2004 that provides guard dog or
4canine odor detection services and does not otherwise operate a
5kennel for hire.
6(Source: P.A. 95-613, eff. 9-11-07.)
 
7    (225 ILCS 605/5)  (from Ch. 8, par. 305)
8    Sec. 5. Applications by individuals for original licenses
9shall be made to the Department, shall be in writing on forms
10prescribed by the Department and shall be accompanied by the
11required fee, which shall not be returnable. Any such
12application shall require such information as in the judgment
13of the Department will enable the Department to pass on the
14qualifications of the applicant for a license. It shall
15include, but need not be limited to information concerning age,
16citizenship, present residence, location of the business
17licensed under this Act, including the location of all foster
18homes, description of facilities to be used, present and
19previous business connections and experience, bank and
20professional references, proof of zoning compliance, whether
21any license of the applicant under this Act or any federal,
22state, county or local law, ordinance or regulation, relating
23to dealing in or handling dogs or cats, ever was suspended or
24revoked and whether the applicant or any known prospective
25employee of the applicant ever has been convicted of any a

 

 

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1felony violation of an animal cruelty statute or misdemeanor
2violation of an animal cruelty statute. Conviction for
3violating an animal cruelty statute Such felony conviction may
4be taken into consideration by the Department in determining
5qualifications for licensing and may but shall not operate as a
6bar to licensing.
7(Source: P.A. 89-178, eff. 7-19-95.)
 
8    (225 ILCS 605/10)  (from Ch. 8, par. 310)
9    Sec. 10. Grounds for discipline. The Department shall not
10issue or renew a license and shall may refuse to issue or renew
11or may suspend or revoke a license on any one or more of the
12following grounds:
13    a. Material misstatement in the application for original
14license or in the application for any renewal license under
15this Act;
16    b. A violation of this Act or of any regulations or rules
17issued pursuant thereto;
18    c. Aiding or abetting another in the violation of this Act
19or of any regulation or rule issued pursuant thereto;
20    d. Allowing one's license under this Act to be used by an
21unlicensed person;
22    e. Conviction of any crime an essential element of which is
23misstatement, fraud or dishonesty or conviction of any felony,
24if the Department determines, after investigation, that such
25person has not been sufficiently rehabilitated to warrant the

 

 

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1public trust;
2    f. Conviction of a violation of any law of Illinois except
3minor violations such as traffic violations and violations not
4related to the disposition of dogs, cats and other animals or
5any rule or regulation of the Department relating to dogs or
6cats and sale thereof;
7    g. Making substantial misrepresentations or false promises
8of a character likely to influence, persuade or induce in
9connection with the business of a licensee under this Act;
10    h. Pursuing a continued course of misrepresentation of or
11making false promises through advertising, salesman, agents or
12otherwise in connection with the business of a licensee under
13this Act;
14    i. Failure to possess the necessary qualifications or to
15meet the requirements of the Act for the issuance or holding a
16license; or
17    j. Proof that the licensee is guilty of gross negligence,
18incompetency, or cruelty with regard to animals.
19    The Department may refuse to issue or may suspend the
20license of any person who fails to file a return, or to pay the
21tax, penalty or interest shown in a filed return, or to pay any
22final assessment of tax, penalty or interest, as required by
23any tax Act administered by the Illinois Department of Revenue,
24until such time as the requirements of any such tax Act are
25satisfied.
26    The Department may order any licensee to cease operation

 

 

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1for a period not to exceed 72 hours to correct deficiencies in
2order to meet licensing requirements.
3(Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97;
490-403, eff. 8-15-97.)
 
5    (225 ILCS 605/21)  (from Ch. 8, par. 321)
6    Sec. 21. The following fees shall accompany each
7application for a license, which fees shall not be returnable:
8    a. for an original license to an individual ......$100 $25
9    b. for an original license to a partnership or
10            corporation ..............................$100 $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 .......................$150 $40
15    f. for a permit for a foster home ................... $25
16    g. for renewal of a permit for a foster home ........ $25
17    h. for an original license to a not-for-profit
18            individual or organization.................. $100
19(Source: P.A. 89-178, eff. 7-19-95.)
 
20    Section 10. The Humane Care for Animals Act is amended by
21changing Section 2.01h as follows:
 
22    (510 ILCS 70/2.01h)
23    Sec. 2.01h. Animal shelter. "Animal shelter" means a

 

 

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1facility operated, owned, or maintained by a duly incorporated
2humane society, animal welfare society, or other non-profit
3organization for the purpose of providing for and promoting the
4welfare, protection, and humane treatment of animals. "Animal
5shelter" also means any veterinary hospital or clinic that: (i)
6is operated by a veterinarian or veterinarians licensed under
7the Veterinary Medicine and Surgery Practice Act of 2004; (ii)
8which operates for the above mentioned purpose in addition to
9its customary purposes; and (iii) does not operate an overnight
10boarding facility on the premises.
11(Source: P.A. 92-454, eff. 1-1-02; 93-281, eff. 12-31-03.)