Full Text of SB3078 101st General Assembly
SB3078sam001 101ST GENERAL ASSEMBLY | Sen. Cristina Castro Filed: 3/4/2020
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| 1 | | AMENDMENT TO SENATE BILL 3078
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3078 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Animal Welfare Act is amended by changing | 5 | | Section 2 and by adding Sections 21.5, 21.10, 21.15, and 21.20 | 6 | | as follows:
| 7 | | (225 ILCS 605/2) (from Ch. 8, par. 302)
| 8 | | Sec. 2. Definitions. As used in this Act unless the context | 9 | | otherwise
requires:
| 10 | | "Department" means the Illinois Department of Agriculture.
| 11 | | "Director" means the Director of the Illinois Department of | 12 | | Agriculture.
| 13 | | "Pet shop operator" means any person who sells, offers to | 14 | | sell,
exchange, or offers for adoption with or without charge | 15 | | or donation dogs,
cats, birds, fish, reptiles, or other animals | 16 | | customarily obtained as pets
in this State. However, a person |
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| 1 | | who sells only such animals that he has
produced and raised | 2 | | shall not be considered a pet shop operator under this
Act, and | 3 | | a veterinary hospital or clinic operated by a veterinarian or
| 4 | | veterinarians licensed under the Veterinary Medicine and | 5 | | Surgery Practice
Act of 2004 shall not be considered a pet shop | 6 | | operator under this
Act.
| 7 | | "Dog dealer" means any person who sells, offers to sell, | 8 | | exchange, or
offers for adoption with or without charge or | 9 | | donation dogs in this State.
However, a person who sells only | 10 | | dogs that he has produced and raised shall
not be considered a | 11 | | dog dealer under this Act, and a veterinary hospital or
clinic | 12 | | operated by a veterinarian or veterinarians licensed under the
| 13 | | Veterinary Medicine and Surgery Practice Act of 2004
shall not | 14 | | be considered a dog dealer under this Act.
| 15 | | "Secretary of Agriculture" or "Secretary" means the | 16 | | Secretary of
Agriculture of the United States Department of | 17 | | Agriculture.
| 18 | | "Person" means any person, firm, corporation, partnership, | 19 | | association
or other legal entity, any public or private | 20 | | institution, the State of
Illinois, or any municipal | 21 | | corporation or political subdivision of the
State.
| 22 | | "Kennel operator" means any person who operates an | 23 | | establishment, other
than an animal control facility, | 24 | | veterinary hospital, or animal
shelter, where dogs or dogs and | 25 | | cats are maintained
for boarding, training or similar purposes | 26 | | for a fee or compensation.
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| 1 | | "Boarding" means a time frame greater than 12 hours or an | 2 | | overnight period during which an animal is kept by a kennel | 3 | | operator. | 4 | | "Cat breeder" means a person who sells, offers to sell, | 5 | | exchanges, or offers for adoption with or without charge cats | 6 | | that he or she has produced and raised. A person who owns, has | 7 | | possession of, or harbors 5 or less females capable of | 8 | | reproduction shall not be considered a cat breeder. | 9 | | "Dog breeder" means a person who sells, offers to sell, | 10 | | exchanges, or offers for adoption with or without charge dogs | 11 | | that he has produced and raised. A person who owns, has | 12 | | possession of, or harbors 5 or less females capable of | 13 | | reproduction shall not be considered a dog breeder.
| 14 | | "Animal control facility" means any facility operated by or
| 15 | | under contract for the State,
county, or any municipal | 16 | | corporation or political subdivision of the State
for the | 17 | | purpose of impounding or harboring seized, stray, homeless,
| 18 | | abandoned or unwanted dogs, cats, and other animals. "Animal | 19 | | control
facility" also means any
veterinary hospital or clinic | 20 | | operated by a veterinarian or veterinarians
licensed under the | 21 | | Veterinary Medicine and Surgery Practice Act of 2004 which
| 22 | | operates for the above mentioned purpose in addition to its | 23 | | customary purposes.
| 24 | | "Animal shelter" means a facility operated, owned, or | 25 | | maintained by a duly
incorporated humane society, animal | 26 | | welfare society, or other non-profit
organization for the |
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| 1 | | purpose of providing for and promoting the welfare,
protection, | 2 | | and humane treatment of animals. An organization that does not | 3 | | have its own building that maintains animals solely in foster | 4 | | homes or other licensees is an "animal shelter" for purposes of | 5 | | this Act. "Animal shelter" also means any
veterinary hospital | 6 | | or clinic operated by a veterinarian or veterinarians
licensed | 7 | | under the Veterinary Medicine and Surgery Practice Act of 2004 | 8 | | which
operates for the above mentioned purpose in addition to | 9 | | its customary purposes.
| 10 | | "Day care operator" means a person who operates an | 11 | | establishment, other than an animal control facility, | 12 | | veterinary hospital, or animal shelter, where dogs or dogs and | 13 | | cats are kept for a period of time not exceeding 12 hours. | 14 | | "Foster home" means an entity that accepts the | 15 | | responsibility for
stewardship of animals that are the | 16 | | obligation of an animal shelter or animal control facility, not | 17 | | to
exceed 4 foster animals or 2 litters under 8 weeks of age at | 18 | | any given time. A written agreement to operate as a "foster | 19 | | home"
shall be contracted with the animal shelter or animal | 20 | | control facility.
| 21 | | "Guard dog service" means an entity that, for a fee, | 22 | | furnishes or leases
guard or sentry dogs for the protection of | 23 | | life or property. A person
is not a guard dog service solely | 24 | | because he or she owns a dog and uses it to
guard his or her | 25 | | home, business, or farmland.
| 26 | | "Guard dog" means a type of dog used primarily for the |
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| 1 | | purpose of defending,
patrolling, or protecting property or | 2 | | life at a commercial establishment
other than a farm. "Guard | 3 | | dog" does not include stock dogs used primarily for
handling | 4 | | and controlling livestock or farm animals, nor does it include
| 5 | | personally owned pets that also provide security.
| 6 | | "Return" in return to field or trap, neuter, return program | 7 | | means to return the cat to field after it has been sterilized | 8 | | and vaccinated for rabies. | 9 | | "Sentry dog" means a dog trained to work without | 10 | | supervision in a fenced
facility other than a farm, and to | 11 | | deter or detain unauthorized persons found
within the facility.
| 12 | | "Probationary status" means the 12-month period following | 13 | | a series of violations of this Act during which any further | 14 | | violation shall result in an automatic 12-month suspension of | 15 | | licensure.
| 16 | | "Owner" means any person having a right of property in an | 17 | | animal, who keeps or harbors an animal, who has an animal in | 18 | | his or her care or acts as its custodian, or who knowingly | 19 | | permits a dog to remain on any premises occupied by him or her. | 20 | | "Owner" does not include a feral cat caretaker participating in | 21 | | a trap, spay/neuter, vaccinate for rabies, and return program. | 22 | | "Complete physical examination" means an examination | 23 | | performed by a licensed veterinarian in which the veterinarian | 24 | | determines the health and fitness of the animal and renders | 25 | | advice and recommendations pursuant to the Veterinary Medicine | 26 | | and Surgery Practice Act of 2004. "Complete physical |
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| 1 | | examination" shall include at minimum a hands on examination, | 2 | | including a comprehensive physical examination, dental | 3 | | assessment, body condition scoring, and pain assessment. | 4 | | "Animal" means any mammal, bird, fish, or reptile offered | 5 | | for sale, trade, or adoption or for which a service is provided | 6 | | by any person licensed under this Act. | 7 | | "Companion animal" has that meaning ascribed to that term | 8 | | in the Humane Care for Animals Act.
| 9 | | "Enclosure" means the area where a dog or cat is confined. | 10 | | "Enclosure" includes, but is not limited to, cages, whelping | 11 | | boxes, and runs. | 12 | | "Equine shelter" means an "animal shelter" as defined in | 13 | | this subsection that applies only to equines. | 14 | | "Exotic or non-domesticated animals" means mammals | 15 | | including non-human primates, reptiles, and birds that are not | 16 | | native to North America and are not normally maintained | 17 | | livestock (llamas, ratites, cervids, and similar animals are | 18 | | considered livestock under this definition), or native mammals | 19 | | that are not domesticated and normally maintained as pets | 20 | | (i.e., prairie dogs). "Exotic or domesticated animals" does not | 21 | | include hamsters, guinea pigs, gerbils, any member of the | 22 | | species felis catus that has been domesticated, or canis | 23 | | familiaris. | 24 | | "Thermoneutral zone" means the range of ambient | 25 | | temperature in which a dog or cat is able to maintain normal | 26 | | body temperature without a change in metabolic rate. |
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| 1 | | "Work progress form" means a form issued by the Department | 2 | | to a licensee or applicant that provides notice of deficiencies | 3 | | and the improvements required to be made within a specified | 4 | | period of time to comply with this Act. | 5 | | (Source: P.A. 100-842, eff. 1-1-19; 100-870, eff. 1-1-19; | 6 | | 101-81, eff. 7-12-19; 101-295, eff. 8-9-19.)
| 7 | | (225 ILCS 605/21.5 new) | 8 | | Sec. 21.5. Buildings and premises. | 9 | | (a) All buildings and premises shall be maintained in a | 10 | | sanitary condition and the licensee shall: | 11 | | (1) Have covered, leak-proof containers available for | 12 | | the storage of waste materials before disposal to control | 13 | | vermin and insects. The containers shall be maintained in a | 14 | | sanitary condition. This subsection (a)(1) does not apply | 15 | | to equine shelters. | 16 | | (2) Dispose of dead animals in compliance with the | 17 | | Illinois Dead Animal Disposal Act pursuant to | 18 | | administrative rule or the Companion Animal Cremation Act. | 19 | | Compliance with these Acts shall not exempt a licensee from | 20 | | compliance with local ordinances. | 21 | | (3) Take effective control measures to prevent the | 22 | | infestation of animals and premises with external | 23 | | parasites and vermin. | 24 | | (4) Provide water from a source having sufficient | 25 | | pressure to properly sanitize and clean the facility and |
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| 1 | | equipment. This subsection (a)(4) does not apply to equine | 2 | | shelters. | 3 | | (5) Provide hand washing facilities.
| 4 | | (b) All buildings shall be constructed so as to provide | 5 | | adequate shelter for the comfort of the animals and shall | 6 | | provide adequate facilities for isolation of diseased animals | 7 | | and their waste to avoid exposure to healthy and salable | 8 | | animals. | 9 | | (c) Floors of buildings, except in equine shelters, that | 10 | | have or display animals shall be of permanent construction to | 11 | | enable thorough cleaning and sanitizing. Dirt and unfinished | 12 | | wood floors are unacceptable, except in equine shelters. | 13 | | Cleaning shall be performed daily, or more often if necessary, | 14 | | to prevent any accumulation of debris, dirt, or waste. | 15 | | (d) Enclosures shall be constructed of a material that is | 16 | | impervious to urine and water and able to withstand damage from | 17 | | gnawing and chewing. This subsection (d) does not apply to | 18 | | equine shelters. The floors of the enclosures must be | 19 | | constructed of a material that does not sag, bend, or bounce, | 20 | | and shall meet all of the following requirements:
| 21 | | (1) The enclosures must be cleaned and sanitized at | 22 | | least once daily, or more often if necessary. | 23 | | (2) All empty enclosures shall be kept clean at all | 24 | | times. | 25 | | (3) Enclosures shall be of sufficient size to allow the | 26 | | animal to comfortably stand, sit, lie, turn in a complete |
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| 1 | | circle, and offer freedom of movement. | 2 | | (4) An ambient temperature as defined in the rules for | 3 | | the Federal Animal Welfare Act (9 CFR 3.2) shall be | 4 | | maintained for warmblooded animals. In the case of | 5 | | coldblooded animals, the temperature that is compatible to | 6 | | the well-being of the species shall be maintained. | 7 | | (5) The following requirements shall apply on or after | 8 | | December 31, 2021, for all enclosures that contain dogs and | 9 | | cats:
| 10 | | (A) Enclosure flooring must consist of a solid | 11 | | surface, slats or coated wire (PVC or vinyl) to | 12 | | decrease and prevent injury and decrease the | 13 | | detrimental health effects on the enclosed animals. | 14 | | Slats shall be appropriately spaced for the species and | 15 | | size of the animal and shall be constructed in a manner | 16 | | which prevents the animal's feet from getting trapped | 17 | | or injured. | 18 | | (B) Enclosures may not be stacked on top of each | 19 | | other. | 20 | | (C) Enclosures that are located indoors must be | 21 | | placed in facilities with adequate light and | 22 | | ventilation.
| 23 | | (6) On or after December 31, 2021, outdoor enclosures | 24 | | for dogs and cats must meet the requirements under | 25 | | paragraph (5) and the following additional requirements: | 26 | | (A) If climatic or ambient temperatures pose a |
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| 1 | | threat to the health and welfare of the dog or cat, | 2 | | effective measures must be taken to eliminate the | 3 | | threat. | 4 | | (B) An outdoor enclosure shall not be used if the | 5 | | dog or cat is unable to tolerate the prevalent | 6 | | temperatures within the animal's thermoneutral zones.
| 7 | | (e) Runs shall be constructed of material of sufficient | 8 | | strength and design to confine the animals. This subsection (e) | 9 | | does not apply to equine shelters. Runs shall meet all of the | 10 | | following requirements: | 11 | | (1) A run shall be kept in good repair and condition. | 12 | | (2) For new construction or remodeling, the licensee | 13 | | shall provide runs surfaced with concrete or other | 14 | | impervious material. | 15 | | (3) The surface of the run shall be designed to permit | 16 | | the surface to be cleaned, disinfected, and kept free from | 17 | | excessive accumulation of animal waste. | 18 | | (4) Provisions must be made for adequate drainage. | 19 | | Adequate drainage must include gutters and provide for the | 20 | | discharge of any fluid or content into a sewer, septic | 21 | | tank, or filter field. The drainage system shall comply | 22 | | with any local zoning.
| 23 | | (f) Cages or aquariums for housing of small animals, birds, | 24 | | or fish shall provide space that is not less than 2 and | 25 | | one-half times the body volume of living creatures contained | 26 | | therein. |
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| 1 | | (g) If animals are group-housed, the animals shall be | 2 | | maintained in compatible groups without overcrowding. No | 3 | | female animal in estrus shall be placed in a pen with male | 4 | | animals, except for breeding purposes. | 5 | | (h) Upon an inspection of a licensee or applicant by the | 6 | | Department, the Department may provide a Work Progress Form to | 7 | | the licensee or applicant if deficiencies are detected during | 8 | | the inspection. The licensee or applicant must make the | 9 | | improvements to correct the deficiencies listed in the form | 10 | | within the time period specified in the form.
| 11 | | (225 ILCS 605/21.10 new) | 12 | | Sec. 21.10. General care of animals. | 13 | | | 14 | | (a) All persons or establishments licensed under this Act | 15 | | shall comply with all sections of the Humane Care for Animals | 16 | | Act. | 17 | | (b) Sufficient clean water and fresh food shall be offered | 18 | | to each animal daily as prescribed in the rules for the Federal | 19 | | Animal Welfare Act (9 CFR 3.5-3.7). In the case of young | 20 | | animals, they shall be fed more than once daily. Reptiles, | 21 | | fish, or amphibians shall be fed and cared for in accordance | 22 | | with the eating patterns and environmental conditions | 23 | | compatible with each individual species. | 24 | | (c) The licensee or his representative shall be present for | 25 | | general care and maintenance of the animals at least once |
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| 1 | | daily. | 2 | | (d) Aquariums containing fish shall be kept in a clean | 3 | | healthful condition. Live algae shall not be considered an | 4 | | unhealthful condition. Any dead fish shall be removed from | 5 | | aquariums. | 6 | | (e) Adult cats shall be provided with litter pans at all | 7 | | times. The pans shall be cleaned and sanitized at least once | 8 | | daily or more often if necessary. | 9 | | (f) Equine shelters shall follow the American Association | 10 | | of Equine Practitioners Care Guidelines for Equine Rescue and | 11 | | Retirement Facilities published in 2004. The American | 12 | | Association of Equine Practitioners Care Guidelines for Equine | 13 | | Rescue and Retirement Facilities care guidelines shall be | 14 | | published on the Department's web site. | 15 | | (g) Dog breeders, animal shelters, kennel operators, | 16 | | animal control facilities, foster homes, and pet shop operators | 17 | | shall provide grooming to prevent matting of coat and to | 18 | | prevent accumulation of fecal matter, urine, or any other | 19 | | material within the coat. Grooming shall include nail trimming | 20 | | to ensure that nails do not injure the dog or cat. | 21 | | (h) Dog breeders, animal shelters, kennel operators, | 22 | | animal control facilities, foster homes, and pet shop operators | 23 | | shall comply with the Animal Control Act with regards to rabies | 24 | | inoculation. The innoculation certificate must be registered | 25 | | in the applicable county. | 26 | | (i) Dog breeders, animal shelters, kennel operators, |
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| 1 | | animal control facilities, foster homes, and pet shop operators | 2 | | shall provide dogs an opportunity for daily exercise. Exercise | 3 | | may consist of a play area, time in run, or leash walks. A | 4 | | daily log shall be maintained documenting daily exercise. | 5 | | (j) Dog breeders, animal shelters, kennel operators, | 6 | | animal control facilities, foster homes, and pet shop operators | 7 | | shall ensure that they have a working relationship with a | 8 | | veterinarian who provides recommendations on vaccination and | 9 | | deworming protocols. Each animal shall receive a complete | 10 | | physical examination within 30 days of intake, and thereafter | 11 | | on an annual basis. A record of the complete physical | 12 | | examinations shall be available for inspection.
| 13 | | (225 ILCS 605/21.15 new) | 14 | | Sec. 21.15. Records. | 15 | | (a) A record of the sale of each animal, excluding fish, | 16 | | shall be maintained by the licensee for a minimum period of 12 | 17 | | months after date of sale or transfer of the animal. The record | 18 | | shall include the source of the animal, the date of sale, the | 19 | | sex of the animal sold, and the name and address of purchaser. | 20 | | A record of the sale of a small mammal, including hamsters, | 21 | | mice, gerbils, or rats that were born in the United States, | 22 | | birds, and fish is not required. These records must be | 23 | | available for inspection during normal business hours by | 24 | | Department employees or persons designated by the Department. | 25 | | Each licensee must report to the Department the number of dogs, |
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| 1 | | puppies, cats, kittens, and exotic or non-domesticated animals | 2 | | sold for the previous calendar year at the time of license | 3 | | renewal. Shelters and animal control facilities must report to | 4 | | the Department the total number of dogs, cats, and other | 5 | | animals received, adopted, euthanized, or reclaimed by the | 6 | | owner for the previous calendar year at the time of license | 7 | | renewal. | 8 | | (b) If a record of the prophylactic medication received by | 9 | | an animal is used in an advertisement or is furnished to the | 10 | | purchaser or person who acquires an animal, the record must | 11 | | include specific information regarding the type, amount, and | 12 | | date of prophylactic medication. The record shall be kept by | 13 | | the licensee and shall become a part of the retail sales | 14 | | record. | 15 | | (c) The licensee or his representative shall furnish the | 16 | | purchaser of a dog, cat, or nonhuman primate a written | 17 | | statement at the time of sale. The statement shall include all | 18 | | of the following:
| 19 | | (1) The date of sale and date of birth, if known. | 20 | | (2) The name, address, and telephone number of | 21 | | licensee. | 22 | | (3) The name, address, and telephone number of | 23 | | purchaser. | 24 | | (4) The breed and description of the dog, cat, or | 25 | | non-human primate, including age, sex, and weight of the | 26 | | animal. |
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| 1 | | (5) A description of each prophylactic immunization | 2 | | provided to the animal and the dates that each immunization | 3 | | was administered. | 4 | | (6) A description of each internal parasite medication | 5 | | provided to the animal and the dates that each | 6 | | medication was administered. | 7 | | (7) The record of sterilization of an animal or lack of | 8 | | sterilization. | 9 | | (8) The guarantee, if offered, or a statement that no | 10 | | guarantee was offered to the purchaser. | 11 | | (9) If the dog or cat sold to the purchaser is capable | 12 | | of registration, the name and registration numbers of the | 13 | | sire and dam and registry information. | 14 | | (10) Include any other significant identification, if | 15 | | known, for each animal, including any official tag number, | 16 | | tattoo, or microchip.
| 17 | | This information may be recorded on Animal Welfare | 18 | | Release Statement or on a similar form prepared by the | 19 | | licensee and approved in advance by the Department. | 20 | | (d) The licensee shall have any dog used as a breeding | 21 | | animal tested annually for canine brucellosis. The test must be | 22 | | performed by a licensed veterinarian and the licensee must keep | 23 | | a copy of the test results for two years. | 24 | | (225 ILCS 605/21.20 new) | 25 | | Sec. 21.20. Rules. The Department of Agriculture shall |
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| 1 | | adopt such rules as it deems necessary to carry out this Act. ".
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