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


Sen. Linda Holmes

Filed: 4/11/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 2380 by replacing
3everything after the enacting clause with the following:
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



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



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



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



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1    "Probationary status" means the 12-month period following
2a series of violations of this Act during which any further
3violation shall result in an automatic 12-month suspension of
5    "Owner" means any person having a right of property in an
6animal, who keeps or harbors an animal, who has an animal in
7his or her care or acts as its custodian, or who knowingly
8permits a dog to remain on any premises occupied by him or her.
9"Owner" does not include a feral cat caretaker participating in
10a trap, spay/neuter, return or release program.
11(Source: P.A. 99-310, eff. 1-1-16.)
12    (225 ILCS 605/3.2)
13    Sec. 3.2. Foster homes. A person shall not operate a foster
14home without first obtaining a permit from the animal shelter
15or animal control facility for which that person will operate
16the foster home. Upon application and payment of the required
17fees by the animal shelter, the Department shall issue foster
18home permits to the animal shelter. The animal shelter shall be
19responsible for the records and have all the obligations of
20stewardship for animals in the foster homes to which it issues
22    Foster homes shall provide the care for animals required by
23this Act and shall report any deviation that might affect the
24status of the license or permit to the animal shelter.
25    A foster home shall not care for more than 4 animals at any



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1one time.
2(Source: P.A. 89-178, eff. 7-19-95.)
3    (225 ILCS 605/3.4)
4    Sec. 3.4. Transfer of animals between shelters. An animal
5shelter or animal control facility may not release any animal
6to an individual representing an animal shelter or animal
7control facility, unless (1) the recipient animal shelter or
8animal control facility has been licensed or has a foster care
9permit issued by the Department or (2) the individual is a
10representative of a not-for-profit, out-of-State organization
11or out-of-State animal control facility or animal shelter who
12is transferring the animal out of the State of Illinois.
13(Source: P.A. 99-310, eff. 1-1-16.)
14    (225 ILCS 605/3.6)
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 or the purchaser of the
5microchip if the purchaser is a nonprofit organization, animal
6shelter, animal control facility, pet store, or veterinary
7office prior to adoption, transfer, or euthanization. Prior to
8transferring any stray dog or cat to another humane shelter,
9pet store, rescue group, or euthanization, the dog or cat shall
10be scanned again for the presence of a microchip and examined
11for other means of identification. If a second scan provides
12the same identifying information as the initial intake scan and
13the owner, agent, or caretaker has not been located or refuses
14to reclaim the dog or cat, the animal shelter may proceed with
15adoption, transfer, or euthanization.
16    (d) When stray dogs and cats are accepted by an animal
17shelter and no owner can be identified, the shelter shall hold
18the animal for the period specified in local ordinance prior to
19adoption, transfer, or euthanasia. The animal shelter shall
20allow access to the public to view the animals housed there. If
21a dog is identified by an owner who desires to make redemption
22of it, the dog shall be transferred to the local animal control
23for redemption. If no transfer can occur, the animal shelter
24shall proceed pursuant to Section 3.7. Upon lapse of the hold
25period specified in local ordinance and no owner can be
26identified, ownership of the animal, by operation of law,



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1transfers to the shelter that has custody of the animal.
2    (e) No representative of an animal shelter may enter
3private property and remove an animal without permission from
4the property owner and animal owner, nor can any representative
5of an animal shelter direct another individual to enter private
6property and remove an animal unless that individual is an
7approved humane investigator (approved by the Department)
8operating pursuant to the provisions of the Humane Care for
9Animals Act.
10    (f) Nothing in this Section limits an animal shelter and an
11animal control facility who, through mutual agreement, wish to
12enter into an agreement for animal control, boarding, holding,
13measures to improve life-saving, or other services provided
14that the agreement requires parties adhere to the provisions of
15the Animal Control Act, the Humane Euthanasia in Animal
16Shelters Act, and the Humane Care for Animals Act.
17(Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17.)
18    (225 ILCS 605/7)  (from Ch. 8, par. 307)
19    Sec. 7. Applications for renewal licenses shall be made to
20the Department in a manner , shall be in writing on forms
21prescribed by the Department, shall contain such information as
22will enable the Department to determine if the applicant is
23qualified to continue to hold a license, shall report intake
24and outcome statistics from the previous calendar year, and
25shall be accompanied by the required fee, which shall not be



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1returnable. The report of intake and outcome statistics shall
2include the following:
3    (1) The total number of dogs, cats and other animals,
4divided into species, taken in by the animal shelter or animal
5control facility, in the following categories:
6        (A) surrendered by owner;
7        (B) stray;
8        (C) impounded;
9        (D) confiscated;
10        (E) transfer from other licensees within the State;
11        (F) transferred into or imported from out of the state;
12        (G) transferred into or imported from outside the
13    country; and
14        (H) born in shelter.
15    (2) The disposition of all dogs, cats, and other animals
16taken in by the animal shelter or animal control facility,
17divided into species. This data must include 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 agency;
25        (H) animals missing, stolen, or escaped;
26        (I) animals released in field; trapped, neutered,



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1    released; and
2        (J) ending inventory; shelter count at end of the last
3    day of the year.
4    The Department shall not be required to audit or validate
5the intake and outcome statistics required to be submitted
6under this Section.
7(Source: P.A. 81-198.)
8    (225 ILCS 605/7.1 new)
9    Sec. 7.1. Department reporting. The Department shall post
10on its website the name and address of each licensed animal
11control facility or animal shelter and all the reported intake
12and outcome statistics required under paragraphs (1) and (2) of
13Section 7 of this Act by December 31, 2020 and by December 31
14of each year thereafter.
15    Section 10. The Animal Control Act is amended by changing
16Sections 5 and 11 as follows:
17    (510 ILCS 5/5)  (from Ch. 8, par. 355)
18    Sec. 5. Duties and powers.
19    (a) It shall be the duty of the Administrator or the Deputy
20Administrator, through sterilization, humane education, rabies
21inoculation, stray control, impoundment, quarantine, and any
22other means deemed necessary, to control and prevent the spread
23of rabies and to exercise dog and cat overpopulation control.



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1It shall also be the duty of the Administrator to investigate
2and substantiate all claims made under Section 19 of this Act.
3The duty may include return, adoption, transfer to rescues or
4other animal shelters, and any other means of ensuring live
5outcomes of homeless dogs and cats and through sterilization,
6community outreach, impoundment of pets at risk and any other
7humane means deemed necessary to address strays and ensure live
8outcomes for dogs and cats that are not a danger to the
9community or suffering irremediably.
10    (b) Counties may by ordinance determine the extent of the
11police powers that may be exercised by the Administrator,
12Deputy Administrators, and Animal Control Wardens, which
13powers shall pertain only to this Act. The Administrator,
14Deputy Administrators, and Animal Control Wardens may issue and
15serve citations and orders for violations of this Act. The
16Administrator, Deputy Administrators, and Animal Control
17Wardens may not carry weapons unless they have been
18specifically authorized to carry weapons by county ordinance.
19Animal Control Wardens, however, may use tranquilizer guns and
20other nonlethal weapons and equipment without specific weapons
22    A person authorized to carry firearms by county ordinance
23under this subsection must have completed the training course
24for peace officers prescribed in the Peace Officer and
25Probation Officer Firearm Training Act. The cost of this
26training shall be paid by the county.



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1    (c) The sheriff and all sheriff's deputies and municipal
2police officers shall cooperate with the Administrator and his
3or her representatives in carrying out the provisions of this
5    (d) The Administrator and animal control wardens shall aid
6in the enforcement of the Humane Care for Animals Act and have
7the ability to impound animals and apply for security posting
8for violation of that Act.
9(Source: P.A. 98-725, eff. 1-1-15.)
10    (510 ILCS 5/11)  (from Ch. 8, par. 361)
11    Sec. 11. When not redeemed by the owner, agent, or
12caretaker, a dog or cat must be scanned for a microchip. If a
13microchip is present, the registered owner or chip purchaser if
14the purchaser was a nonprofit organization, animal shelter,
15animal control facility, pet store, or veterinary office must
16be notified. After contact has been made or attempted, dogs or
17cats deemed adoptable by the animal control facility shall be
18offered for adoption, or made available to a licensed humane
19society or rescue group. If no placement is available, the
20animal may it shall be humanely dispatched pursuant to the
21Humane Euthanasia in Animal Shelters Act. An animal pound or
22animal shelter shall not adopt or release any dog or cat to
23anyone other than the owner unless the animal has been rendered
24incapable of reproduction and microchipped, or the person
25wishing to adopt an animal prior to the surgical procedures



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1having been performed shall have executed a written agreement
2promising to have such service performed, including
3microchipping, within a specified period of time not to exceed
430 days. Failure to fulfill the terms of the agreement shall
5result in seizure and impoundment of the animal and any
6offspring by the animal pound or shelter, and any monies which
7have been deposited shall be forfeited and submitted to the
8county Pet Population Control Fund on a yearly basis. This Act
9shall not prevent humane societies or animal shelters from
10engaging in activities set forth by their charters; provided,
11they are not inconsistent with provisions of this Act and other
12existing laws. No animal shelter or animal control facility
13shall release dogs or cats to an individual representing a
14rescue group, unless the group has been licensed or has a
15foster care permit issued by the Illinois Department of
16Agriculture or is a representative of a not-for-profit
17out-of-state organization, animal shelter, or animal control
18facility. The Department may suspend or revoke the license of
19any animal shelter or animal control facility that fails to
20comply with the requirements set forth in this Section or that
21fails to report its intake and euthanasia statistics each year.
22(Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08.)".