HB4029enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB4029 EnrolledLRB099 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
5Sections 2, 3.4, and 10 and by adding Sections 3.6 and 3.7 as
6follows:
 
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
12Agriculture.
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
10Agriculture.
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
6operator.
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, not to exceed 4 animals at any
3given time. Permits to operate as a "foster home" shall be
4issued through the animal shelter.
5    "Guard dog service" means an entity that, for a fee,
6furnishes or leases guard or sentry dogs for the protection of
7life or property. A person is not a guard dog service solely
8because he or she owns a dog and uses it to guard his or her
9home, business, or farmland.
10    "Guard dog" means a type of dog used primarily for the
11purpose of defending, patrolling, or protecting property or
12life at a commercial establishment other than a farm. "Guard
13dog" does not include stock dogs used primarily for handling
14and controlling livestock or farm animals, nor does it include
15personally owned pets that also provide security.
16    "Sentry dog" means a dog trained to work without
17supervision in a fenced facility other than a farm, and to
18deter or detain unauthorized persons found within the facility.
19    "Probationary status" means the 12-month period following
20a series of violations of this Act during which any further
21violation shall result in an automatic 12-month suspension of
22licensure.
23    "Owner" means any person having a right of property in an
24animal, who keeps or harbors an animal, who has an animal in
25his or her care or acts as its custodian, or who knowingly
26permits a dog to remain on any premises occupied by him or her.

 

 

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1"Owner" does not include a feral cat caretaker participating in
2a trap, spay/neuter, return or release program.
3(Source: P.A. 95-550, eff. 6-1-08.)
 
4    (225 ILCS 605/3.4)
5    Sec. 3.4. Transfer Release of animals between to shelters.
6An animal shelter or animal control facility may not release
7any animal to an individual representing an animal shelter,
8unless (1) the recipient animal shelter has been licensed or
9has a foster care permit issued by the Department or (2) the
10individual is a representative of a not-for-profit,
11out-of-State organization who is transferring the animal out of
12the State of Illinois.
13(Source: P.A. 96-314, eff. 8-11-09.)
 
14    (225 ILCS 605/3.6 new)
15    Sec. 3.6. Acceptance of stray dogs and cats.
16    (a) No animal shelter may accept a stray dog or cat unless
17the animal is reported by the shelter to the animal control or
18law enforcement of the county in which the animal is found by
19the next business day. An animal shelter may accept animals
20from: (1) the owner of the animal where the owner signs a
21relinquishment form which states he or she is the owner of the
22animal; (2) an animal shelter licensed under this Act; or (3)
23an out-of-state animal control facility, rescue group, or
24animal shelter that is duly licensed in their state or is a

 

 

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1not-for-profit organization.
2    (b) When stray dogs and cats are accepted by an animal
3shelter, they must be scanned for the presence of a microchip
4and examined for other currently-acceptable methods of
5identification, including, but not limited to, identification
6tags, tattoos, and rabies license tags. The examination for
7identification shall be done within 24 hours after the intake
8of each dog or cat. The animal shelter shall notify the owner
9and transfer any dog with an identified owner to the animal
10control or law enforcement agency in the jurisdiction in which
11it was found or the local animal control agency for redemption.
12    (c) If no transfer can occur, the animal shelter shall make
13every reasonable attempt to contact the owner, agent, or
14caretaker as soon as possible. The animal shelter shall give
15notice of not less than 7 business days to the owner, agent, or
16caretaker prior to disposal of the animal. The notice shall be
17mailed to the last known address of the owner, agent, or
18caretaker. Testimony of the animal shelter, or its authorized
19agent, who mails the notice shall be evidence of the receipt of
20the notice by the owner, agent, or caretaker of the animal. A
21mailed notice shall remain the primary means of owner, agent,
22or caretaker contact; however, the animal shelter shall also
23attempt to contact the owner, agent, or caretaker by any other
24contact information, such as by telephone or email address,
25provided by the microchip or other method of identification
26found on the dog or cat. If the dog or cat has been

 

 

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1microchipped and the primary contact listed by the chip
2manufacturer cannot be located or refuses to reclaim the dog or
3cat, an attempt shall be made to contact any secondary contacts
4listed by the chip manufacturer prior to adoption, transfer, or
5euthanization. Prior to transferring any stray dog or cat to
6another humane shelter or rescue group or euthanization, the
7dog or cat shall be scanned again for the presence of a
8microchip and examined for other means of identification. If a
9second scan provides the same identifying information as the
10initial intake scan and the owner, agent, or caretaker has not
11been located or refuses to reclaim the dog or cat, the animal
12shelter may proceed with adoption, transfer, or euthanization.
13    (d) When stray dogs and cats are accepted by an animal
14shelter and no owner can be identified, the shelter shall hold
15the animal for the period specified in local ordinance prior to
16adoption, transfer, or euthanasia. The animal shelter shall
17allow access to the public to view the animals housed there. If
18a dog is identified by an owner who desires to make redemption
19of it, the dog shall be transferred to the local animal control
20for redemption. If no transfer can occur, the animal shelter
21shall proceed pursuant to Section 3.7. Upon lapse of the hold
22period specified in local ordinance and no owner can be
23identified, ownership of the animal, by operation of law,
24transfers to the shelter that has custody of the animal.
25    (e) No representative of an animal shelter may enter
26private property and remove an animal without permission from

 

 

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1the property owner and animal owner, nor can any representative
2of an animal shelter direct another individual to enter private
3property and remove an animal unless that individual is an
4approved humane investigator (approved by the Department)
5operating pursuant to the provisions of the Humane Care for
6Animals Act.
7    (f) Nothing in this Section limits an animal shelter and an
8animal control facility who, through mutual agreement, wish to
9enter into an agreement for animal control, boarding, holding,
10or other services provided that the agreement requires parties
11adhere to the provisions of the Animal Control Act, the Humane
12Euthanasia in Animal Shelters Act, and the Humane Care for
13Animals Act.
 
14    (225 ILCS 605/3.7 new)
15    Sec. 3.7. Redemption of stray dogs and cats from animal
16shelters. Any owner, agent, or caretaker wishing to make
17redemption of a dog or cat held by a shelter under the
18provisions of subsection (c) of Section 3.6 of this Act may do
19so by doing the following:
20        (1) paying the shelter for the board of the dog or cat
21    for the period the shelter was in possession of the animal;
22    the daily boarding rate shall not exceed the daily boarding
23    rate of the animal control agency in the jurisdiction in
24    which the shelter is located; and
25        (2) paying the shelter for reasonable costs of

 

 

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1    veterinary care, if applicable.
2    The shelter has the option to waive any fees or veterinary
3costs.
 
4    (225 ILCS 605/10)  (from Ch. 8, par. 310)
5    Sec. 10. Grounds for discipline. The Department may refuse
6to issue or renew or may suspend or revoke a license on any one
7or more of the following grounds:
8    a. Material misstatement in the application for original
9license or in the application for any renewal license under
10this Act;
11    b. A violation of this Act or of any regulations or rules
12issued pursuant thereto;
13    c. Aiding or abetting another in the violation of this Act
14or of any regulation or rule issued pursuant thereto;
15    d. Allowing one's license under this Act to be used by an
16unlicensed person;
17    e. Conviction of any crime an essential element of which is
18misstatement, fraud or dishonesty or conviction of any felony,
19if the Department determines, after investigation, that such
20person has not been sufficiently rehabilitated to warrant the
21public trust;
22    f. Conviction of a violation of any law of Illinois except
23minor violations such as traffic violations and violations not
24related to the disposition of dogs, cats and other animals or
25any rule or regulation of the Department relating to dogs or

 

 

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1cats and sale thereof;
2    g. Making substantial misrepresentations or false promises
3of a character likely to influence, persuade or induce in
4connection with the business of a licensee under this Act;
5    h. Pursuing a continued course of misrepresentation of or
6making false promises through advertising, salesman, agents or
7otherwise in connection with the business of a licensee under
8this Act;
9    i. Failure to possess the necessary qualifications or to
10meet the requirements of the Act for the issuance or holding a
11license; or
12    j. Proof that the licensee is guilty of gross negligence,
13incompetency, or cruelty with regard to animals.
14    The Department may refuse to issue or may suspend the
15license of any person who fails to file a return, or to pay the
16tax, penalty or interest shown in a filed return, or to pay any
17final assessment of tax, penalty or interest, as required by
18any tax Act administered by the Illinois Department of Revenue,
19until such time as the requirements of any such tax Act are
20satisfied.
21    The Department may order any licensee to cease operation
22for a period not to exceed 72 hours to correct deficiencies in
23order to meet licensing requirements.
24    If the Department revokes a license under this Act at an
25administrative hearing, the licensee and any individuals
26associated with that license shall be prohibited from applying

 

 

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1for or obtaining a license under this Act for a minimum of 3
2years.
3(Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97;
490-403, eff. 8-15-97.)