Illinois General Assembly - Full Text of SB2380
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Full Text of SB2380  100th General Assembly



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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, 3.2, 3.4, 3.6, and 7 and by adding Section 7.1 as
7    (225 ILCS 605/2)  (from Ch. 8, par. 302)
8    Sec. 2. Definitions. As used in this Act unless the context
9otherwise requires:
10    "Department" means the Illinois Department of Agriculture.
11    "Director" means the Director of the Illinois Department of
13    "Pet shop operator" means any person who sells, offers to
14sell, exchange, or offers for adoption with or without charge
15or donation dogs, cats, birds, fish, reptiles, or other animals
16customarily obtained as pets in this State. However, a person
17who sells only such animals that he has produced and raised
18shall not be considered a pet shop operator under this Act, and
19a veterinary hospital or clinic operated by a veterinarian or
20veterinarians licensed under the Veterinary Medicine and
21Surgery Practice Act of 2004 shall not be considered a pet shop
22operator under this Act.
23    "Dog dealer" means any person who sells, offers to sell,



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



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



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



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1permits a dog to remain on any premises occupied by him or her.
2"Owner" does not include a feral cat caretaker participating in
3a trap, spay/neuter, return or release program.
4(Source: P.A. 99-310, eff. 1-1-16.)
5    (225 ILCS 605/3.2)
6    Sec. 3.2. Foster homes. A person shall not operate a foster
7home without first obtaining a permit from the animal shelter
8or animal control facility for which that person will operate
9the foster home. Upon application and payment of the required
10fees by the animal shelter, the Department shall issue foster
11home permits 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
15    Foster homes shall provide the care for animals required by
16this Act and shall report any deviation that might affect the
17status of the license or permit to the animal shelter.
18    A foster home shall not care for more than 4 animals at any
19one time.
20(Source: P.A. 89-178, eff. 7-19-95.)
21    (225 ILCS 605/3.4)
22    Sec. 3.4. Transfer of animals between shelters. An animal
23shelter or animal control facility may not release any animal
24to an individual representing an animal shelter or animal



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1control facility, unless (1) the recipient animal shelter or
2animal control facility has been licensed or has a foster care
3permit issued by the Department or (2) the individual is a
4representative of a not-for-profit, out-of-State organization
5or out-of-State animal control facility or animal shelter who
6is transferring the animal out of the State of Illinois.
7(Source: P.A. 99-310, eff. 1-1-16.)
8    (225 ILCS 605/3.6)
9    Sec. 3.6. Acceptance of stray dogs and cats.
10    (a) No animal shelter may accept a stray dog or cat unless
11the animal is reported by the shelter to the animal control or
12law enforcement of the county in which the animal is found by
13the next business day. An animal shelter may accept animals
14from: (1) the owner of the animal where the owner signs a
15relinquishment form which states he or she is the owner of the
16animal; (2) an animal shelter licensed under this Act; or (3)
17an out-of-state animal control facility, rescue group, or
18animal shelter that is duly licensed in their state or is a
19not-for-profit organization.
20    (b) When stray dogs and cats are accepted by an animal
21shelter, they must be scanned for the presence of a microchip
22and examined for other currently-acceptable methods of
23identification, including, but not limited to, identification
24tags, tattoos, and rabies license tags. The examination for
25identification shall be done within 24 hours after the intake



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1of each dog or cat. The animal shelter shall notify the owner
2and transfer any dog with an identified owner to the animal
3control or law enforcement agency in the jurisdiction in which
4it was found or the local animal control agency for redemption.
5    (c) If no transfer can occur, the animal shelter shall make
6every reasonable attempt to contact the owner, agent, or
7caretaker as soon as possible. The animal shelter shall give
8notice of not less than 7 business days to the owner, agent, or
9caretaker prior to disposal of the animal. The notice shall be
10mailed to the last known address of the owner, agent, or
11caretaker. Testimony of the animal shelter, or its authorized
12agent, who mails the notice shall be evidence of the receipt of
13the notice by the owner, agent, or caretaker of the animal. A
14mailed notice shall remain the primary means of owner, agent,
15or caretaker contact; however, the animal shelter shall also
16attempt to contact the owner, agent, or caretaker by any other
17contact information, such as by telephone or email address,
18provided by the microchip or other method of identification
19found on the dog or cat. If the dog or cat has been
20microchipped and the primary contact listed by the chip
21manufacturer cannot be located or refuses to reclaim the dog or
22cat, an attempt shall be made to contact any secondary contacts
23listed by the chip manufacturer or the purchaser of the
24microchip if the purchaser is a nonprofit organization, animal
25shelter, animal control facility, pet store, breeder, or
26veterinary office prior to adoption, transfer, or



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1euthanization. Prior to transferring any stray dog or cat to
2another humane shelter, pet store, rescue group, or
3euthanization, the dog or cat shall be scanned again for the
4presence of a microchip and examined for other means of
5identification. If a second scan provides the same identifying
6information as the initial intake scan and the owner, agent, or
7caretaker has not been located or refuses to reclaim the dog or
8cat, the animal shelter may proceed with adoption, transfer, or
10    (d) When stray dogs and cats are accepted by an animal
11shelter and no owner can be identified, the shelter shall hold
12the animal for the period specified in local ordinance prior to
13adoption, transfer, or euthanasia. The animal shelter shall
14allow access to the public to view the animals housed there. If
15a dog is identified by an owner who desires to make redemption
16of it, the dog shall be transferred to the local animal control
17for redemption. If no transfer can occur, the animal shelter
18shall proceed pursuant to Section 3.7. Upon lapse of the hold
19period specified in local ordinance and no owner can be
20identified, ownership of the animal, by operation of law,
21transfers to the shelter that has custody of the animal.
22    (e) No representative of an animal shelter may enter
23private property and remove an animal without permission from
24the property owner and animal owner, nor can any representative
25of an animal shelter direct another individual to enter private
26property and remove an animal unless that individual is an



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1approved humane investigator (approved by the Department)
2operating pursuant to the provisions of the Humane Care for
3Animals Act.
4    (f) Nothing in this Section limits an animal shelter and an
5animal control facility who, through mutual agreement, wish to
6enter into an agreement for animal control, boarding, holding,
7measures to improve life-saving, or other services provided
8that the agreement requires parties adhere to the provisions of
9the Animal Control Act, the Humane Euthanasia in Animal
10Shelters Act, and the Humane Care for Animals Act.
11(Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17.)
12    (225 ILCS 605/7)  (from Ch. 8, par. 307)
13    Sec. 7. Applications for renewal licenses shall be made to
14the Department in a manner , shall be in writing on forms
15prescribed by the Department, shall contain such information as
16will enable the Department to determine if the applicant is
17qualified to continue to hold a license, shall report beginning
18inventory and intake and outcome statistics from the previous
19calendar year, and shall be accompanied by the required fee,
20which shall not be returnable. The report of intake and outcome
21statistics shall include the following:
22    (1) The total number of dogs, cats, and other animals,
23divided into species, taken in by the animal shelter or animal
24control facility, in the following categories:
25        (A) surrendered by owner;



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1        (B) stray;
2        (C) impounded other than stray;
3        (D) confiscated under the Humane Care for Animals Act;
4        (E) transfer from other licensees within the State;
5        (F) transferred into or imported from out of the State;
6        (G) transferred into or imported from outside the
7    country; and
8        (H) born in shelter or animal control facility.
9    (2) The disposition of all dogs, cats, and other animals
10taken in by the animal shelter or animal control facility,
11divided into species. This data must include dispositions by:
12        (A) reclamation by owner;
13        (B) adopted or sold;
14        (C) euthanized;
15        (D) euthanized per request of the owner;
16        (E) died in custody;
17        (F) transferred to another licensee;
18        (G) transferred to an out-of-State nonprofit agency;
19        (H) animals missing, stolen, or escaped;
20        (I) animals released in field; trapped, neutered,
21    released; and
22        (J) ending inventory; shelter count at end of the last
23    day of the year.
24    The Department shall not be required to audit or validate
25the intake and outcome statistics required to be submitted
26under this Section.



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1(Source: P.A. 81-198.)
2    (225 ILCS 605/7.1 new)
3    Sec. 7.1. Department reporting. The Department shall post
4on its website the name of each licensed animal control
5facility or animal shelter and all the reported intake and
6outcome statistics required under paragraphs (1) and (2) of
7Section 7 of this Act by December 31, 2020 and by December 31
8of each year thereafter.
9    Section 10. The Animal Control Act is amended by changing
10Sections 3.5, 5, and 11 as follows:
11    (510 ILCS 5/3.5)
12    Sec. 3.5. County animal population fund use limitation.
13Funds from the $10 set aside of the differential under Section
143 of this Act that is placed in the county animal population
15control fund may only be used to (1) spay, neuter, vaccinate,
16or sterilize adopted dogs or cats; (2) spay, neuter, or
17vaccinate dogs or cats owned by low income county residents who
18are eligible for the Food Stamp Program or Social Security
19Disability Benefits Program; or (3) spay, neuter, and vaccinate
20feral cats in programs recognized by the county or a
21municipality. This Section does not apply to a county with
223,000,000 or more inhabitants.
23(Source: P.A. 100-405, eff. 1-1-18.)



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1    (510 ILCS 5/5)  (from Ch. 8, par. 355)
2    Sec. 5. Duties and powers.
3    (a) It shall be the duty of the Administrator or the Deputy
4Administrator, through sterilization, humane education, rabies
5inoculation, stray control, impoundment, quarantine, and any
6other means deemed necessary, to control and prevent the spread
7of rabies and to exercise dog and cat overpopulation control.
8It shall also be the duty of the Administrator to investigate
9and substantiate all claims made under Section 19 of this Act.
10The duty may include return, adoption, transfer to rescues or
11other animal shelters, and any other means of ensuring live
12outcomes of homeless dogs and cats and through sterilization,
13community outreach, impoundment of pets at risk and any other
14humane means deemed necessary to address strays and ensure live
15outcomes for dogs and cats that are not a danger to the
16community or suffering irremediably.
17    (b) Counties may by ordinance determine the extent of the
18police powers that may be exercised by the Administrator,
19Deputy Administrators, and Animal Control Wardens, which
20powers shall pertain only to this Act. The Administrator,
21Deputy Administrators, and Animal Control Wardens may issue and
22serve citations and orders for violations of this Act. The
23Administrator, Deputy Administrators, and Animal Control
24Wardens may not carry weapons unless they have been
25specifically authorized to carry weapons by county ordinance.



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1Animal Control Wardens, however, may use tranquilizer guns and
2other nonlethal weapons and equipment without specific weapons
4    A person authorized to carry firearms by county ordinance
5under this subsection must have completed the training course
6for peace officers prescribed in the Peace Officer and
7Probation Officer Firearm Training Act. The cost of this
8training shall be paid by the county.
9    (c) The sheriff and all sheriff's deputies and municipal
10police officers shall cooperate with the Administrator and his
11or her representatives in carrying out the provisions of this
13    (d) The Administrator and animal control wardens shall aid
14in the enforcement of the Humane Care for Animals Act and have
15the ability to impound animals and apply for security posting
16for violation of that Act.
17(Source: P.A. 98-725, eff. 1-1-15.)
18    (510 ILCS 5/11)  (from Ch. 8, par. 361)
19    Sec. 11. When not redeemed by the owner, agent, or
20caretaker, a dog or cat must be scanned for a microchip. If a
21microchip is present, the registered owner or chip purchaser if
22the purchaser was a nonprofit organization, animal shelter,
23animal control facility, pet store, breeder, or veterinary
24office must be notified. After contact has been made or
25attempted, dogs or cats deemed adoptable by the animal control



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1facility shall be offered for adoption, or made available to a
2licensed humane society or rescue group. If no placement is
3available, the animal may it shall be humanely dispatched
4pursuant to the Humane Euthanasia in Animal Shelters Act. An
5animal pound or animal shelter shall not adopt or release any
6dog or cat to anyone other than the owner unless the animal has
7been rendered incapable of reproduction and microchipped, or
8the person wishing to adopt an animal prior to the surgical
9procedures having been performed shall have executed a written
10agreement promising to have such service performed, including
11microchipping, within a specified period of time not to exceed
1230 days. Failure to fulfill the terms of the agreement shall
13result in seizure and impoundment of the animal and any
14offspring by the animal pound or shelter, and any monies which
15have been deposited shall be forfeited and submitted to the
16county Pet Population Control Fund on a yearly basis. This Act
17shall not prevent humane societies or animal shelters from
18engaging in activities set forth by their charters; provided,
19they are not inconsistent with provisions of this Act and other
20existing laws. No animal shelter or animal control facility
21shall release dogs or cats to an individual representing a
22rescue group, unless the group has been licensed or has a
23foster care permit issued by the Illinois Department of
24Agriculture or is a representative of a not-for-profit
25out-of-state organization, animal shelter, or animal control
26facility. The Department may suspend or revoke the license of



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1any animal shelter or animal control facility that fails to
2comply with the requirements set forth in this Section or that
3fails to report its intake and euthanasia statistics each year.
4(Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08.)