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92_SB0396ham001
LRB9204896ACcdam01
1 AMENDMENT TO SENATE BILL 396
2 AMENDMENT NO. . Amend Senate Bill 396, on page 1,
3 line 1, by deleting "guide"; and
4 on page 1, below line 3, by inserting the following:
5 "Section 3. The Animal Welfare Act is amended by
6 changing Sections 2 and 3 and adding Section 6.6 as follows:
7 (225 ILCS 605/2) (from Ch. 8, par. 302)
8 Sec. 2. Definitions. As used in this Act unless the
9 context otherwise requires:
10 "Department" means the Illinois Department of
11 Agriculture.
12 "Director" means the Director of the Illinois Department
13 of Agriculture.
14 "Pet shop operator" means any person who sells, offers to
15 sell, exchange, or offers for adoption with or without charge
16 or donation dogs, cats, birds, fish, reptiles, or other
17 animals customarily obtained as pets in this State. However,
18 a person who sells only such animals that he has produced and
19 raised shall not be considered a pet shop operator under this
20 Act, and a veterinary hospital or clinic operated by a
21 veterinarian or veterinarians licensed under the Veterinary
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1 Medicine and Surgery Practice Act of 1994 shall not be
2 considered a pet shop operator under this Act.
3 "Dog dealer" means any person who sells, offers to sell,
4 exchange, or offers for adoption with or without charge or
5 donation dogs in this State. However, a person who sells only
6 dogs that he has produced and raised shall not be considered
7 a dog dealer under this Act, and a veterinary hospital or
8 clinic operated by a veterinarian or veterinarians licensed
9 under the Veterinary Medicine and Surgery Practice Act of
10 1994 shall not be considered a dog dealer under this Act.
11 "Secretary of Agriculture" or "Secretary" means the
12 Secretary of Agriculture of the United States Department of
13 Agriculture.
14 "Person" means any person, firm, corporation,
15 partnership, association or other legal entity, any public or
16 private institution, the State of Illinois, or any municipal
17 corporation or political subdivision of the State.
18 "Kennel operator" means any person who operates an
19 establishment, other than an animal control facility,
20 veterinary hospital, or animal shelter, where dogs or dogs
21 and cats are maintained for boarding, training or similar
22 purposes for a fee or compensation; or who sells, offers to
23 sell, exchange, or offers for adoption with or without charge
24 dogs or dogs and cats which he has produced and raised. A
25 person who owns, has possession of, or harbors 5 or less
26 females capable of reproduction shall not be considered a
27 kennel operator.
28 "Cattery operator" means any person who operates an
29 establishment, other than an animal control facility or
30 animal shelter, where cats are maintained for boarding,
31 training or similar purposes for a fee or compensation; or
32 who sells, offers to sell, exchange, or offers for adoption
33 with or without charges cats which he has produced and
34 raised. A person who owns, has possession of, or harbors 5
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1 or less females capable of reproduction shall not be
2 considered a cattery operator.
3 "Animal control facility" means any facility operated by
4 or under contract for the State, county, or any municipal
5 corporation or political subdivision of the State for the
6 purpose of impounding or harboring seized, stray, homeless,
7 abandoned or unwanted dogs, cats, and other animals. "Animal
8 control facility" also means any veterinary hospital or
9 clinic operated by a veterinarian or veterinarians licensed
10 under the Veterinary Medicine and Surgery Practice Act of
11 1994 which operates for the above mentioned purpose in
12 addition to its customary purposes.
13 "Animal shelter" means a facility operated, owned, or
14 maintained by a duly incorporated humane society, animal
15 welfare society, or other non-profit organization for the
16 purpose of providing for and promoting the welfare,
17 protection, and humane treatment of animals. "Animal
18 shelter" also means any veterinary hospital or clinic
19 operated by a veterinarian or veterinarians licensed under
20 the Veterinary Medicine and Surgery Practice Act of 1994
21 which operates for the above mentioned purpose in addition to
22 its customary purposes.
23 "Foster home" means an entity that accepts the
24 responsibility for stewardship of animals that are the
25 obligation of an animal shelter, not to exceed 4 animals at
26 any given time. Permits to operate as a "foster home" shall
27 be issued through the animal shelter.
28 "Guard dog service" means an entity that, for a fee,
29 furnishes or leases guard or sentry dogs for the protection
30 of life or property. A person is not a guard dog service
31 solely because he or she owns a dog and uses it to guard his
32 or her home, business, or farmland.
33 "Guard dog" means a type of dog used primarily for the
34 purpose of defending, patrolling, or protecting property or
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1 life at a commercial establishment other than a farm. "Guard
2 dog" does not include stock dogs used primarily for handling
3 and controlling livestock or farm animals, nor does it
4 include personally owned pets that also provide security.
5 "Sentry dog" means a dog trained to work without
6 supervision in a fenced facility other than a farm, and to
7 deter or detain unauthorized persons found within the
8 facility.
9 "Dog day care facility" means a facility that regularly
10 provides day care for less than 24 hours per day for dogs for
11 a fee or compensation.
12 (Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97;
13 90-403, eff. 8-15-97.)
14 (225 ILCS 605/3) (from Ch. 8, par. 303)
15 Sec. 3. No person shall engage in business as a pet shop
16 operator, dog dealer, kennel operator, cattery operator, or
17 operate a guard dog service, an animal control facility or
18 animal shelter or any combination thereof, in this State
19 without a license therefor issued by the Department.
20 Beginning January 1, 2002, no person shall operate a dog day
21 care facility without a license issued by the Department.
22 Only one license shall be required for any combination of
23 businesses at one location, except that a separate license
24 shall be required to operate a guard dog service or,
25 beginning January 1, 2002, a dog day care facility. Guard
26 dog services that are located outside this State but provide
27 services within this State are required to obtain a license
28 from the Department. Out-of-state guard dog services are
29 required to comply with the requirements of this Act with
30 regard to guard dogs and sentry dogs transported to or used
31 within this State.
32 (Source: P.A. 89-178, eff. 7-19-95.)
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1 (225 ILCS 605/6.6 new)
2 Sec. 6.6. Dog day care facilities.
3 (a) The Department may promulgate rules regulating dog
4 day care facilities. Rules regarding the maximum number of
5 dogs that a dog day care facility may accept shall be based
6 on the size of the facility and the number of attendants and
7 shall take into consideration the health and welfare of the
8 animals involved. The Department shall promulgate rules to
9 develop sanitary standards for facilities.
10 (b) A dog enrolled in a dog day care facility may be
11 commingled with other dogs if the owner of the dog provides a
12 certificate of health and proof of vaccination against
13 distemper, rabies, the parvo virus, and other communicable
14 diseases, parasites, or viruses as specified by rule of the
15 Department.
16 (c) The vaccination records of a dog enrolled in a dog
17 day care facility must be current and in compliance with all
18 vaccination requirements of law for the boarding of dogs.
19 (d) The owner or operator of a dog day care facility
20 must have knowledge of each animal's disposition and special
21 temperaments. The owner or operator shall have knowledge of
22 the animal's usual diet. The owner of the animal, however,
23 has the responsibility of providing the dog day care facility
24 with food for the animal.
25 (e) Nothing in this Section shall prevent a unit of
26 local government from requiring a dog day care facility from
27 obtaining a proper land use permit before commencing
28 operations.
29 (f) Nothing in this Section shall interfere with a
30 person's ability to bring a common law nuisance claim against
31 a dog day care facility.
32 (g) The Department is not liable for injury that occurs
33 while on the premises of a dog day care facility."; and
34 on page 2, below line 21, by inserting the following:
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1 "Section 99. Effective date. This Act takes effect upon
2 becoming law.".