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Public Act 099-0310
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| HB4029 Enrolled | LRB099 09451 AMC 29658 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Animal Welfare Act is amended by changing |
Sections 2, 3.4, and 10 and by adding Sections 3.6 and 3.7 as |
follows:
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(225 ILCS 605/2) (from Ch. 8, par. 302)
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Sec. 2. Definitions. As used in this Act unless the context |
otherwise
requires:
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"Department" means the Illinois Department of Agriculture.
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"Director" means the Director of the Illinois Department of |
Agriculture.
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"Pet shop operator" means any person who sells, offers to |
sell,
exchange, or offers for adoption with or without charge |
or donation dogs,
cats, birds, fish, reptiles, or other animals |
customarily obtained as pets
in this State. However, a person |
who sells only such animals that he has
produced and raised |
shall not be considered a pet shop operator under this
Act, and |
a veterinary hospital or clinic operated by a veterinarian or
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veterinarians licensed under the Veterinary Medicine and |
Surgery Practice
Act of 2004 shall not be considered a pet shop |
operator under this
Act.
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"Dog dealer" means any person who sells, offers to sell, |
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exchange, or
offers for adoption with or without charge or |
donation dogs in this State.
However, a person who sells only |
dogs that he has produced and raised shall
not be considered a |
dog dealer under this Act, and a veterinary hospital or
clinic |
operated by a veterinarian or veterinarians licensed under the
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Veterinary Medicine and Surgery Practice Act of 2004
shall not |
be considered a dog dealer under this Act.
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"Secretary of Agriculture" or "Secretary" means the |
Secretary of
Agriculture of the United States Department of |
Agriculture.
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"Person" means any person, firm, corporation, partnership, |
association
or other legal entity, any public or private |
institution, the State of
Illinois, or any municipal |
corporation or political subdivision of the
State.
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"Kennel operator" means any person who operates an |
establishment, other
than an animal control facility, |
veterinary hospital, or animal
shelter, where dogs or dogs and |
cats are maintained
for boarding, training or similar purposes |
for a fee or compensation; or
who sells, offers to sell, |
exchange, or offers for adoption with or without
charge dogs or |
dogs and cats which he has produced and raised. A person who
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owns, has possession of, or harbors 5 or less
females capable |
of reproduction shall not be considered a kennel
operator.
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"Cattery operator" means any person who operates an |
establishment, other
than an animal control facility or animal
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shelter, where cats are maintained for boarding,
training or |
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similar purposes for a fee or compensation; or who sells,
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offers to sell, exchange, or offers for adoption with or |
without charges
cats which he has produced and raised. A person |
who owns, has possession
of, or harbors 5 or
less females |
capable of reproduction shall not be considered a
cattery |
operator.
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"Animal control facility" means any facility operated by or
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under contract for the State,
county, or any municipal |
corporation or political subdivision of the State
for the |
purpose of impounding or harboring seized, stray, homeless,
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abandoned or unwanted dogs, cats, and other animals. "Animal |
control
facility" also means any
veterinary hospital or clinic |
operated by a veterinarian or veterinarians
licensed under the |
Veterinary Medicine and Surgery Practice Act of 2004 which
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operates for the above mentioned purpose in addition to its |
customary purposes.
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"Animal shelter" means a facility operated, owned, or |
maintained by a duly
incorporated humane society, animal |
welfare society, or other non-profit
organization for the |
purpose of providing for and promoting the welfare,
protection, |
and humane treatment of animals. "Animal shelter" also means |
any
veterinary hospital or clinic operated by a veterinarian or |
veterinarians
licensed under the Veterinary Medicine and |
Surgery Practice Act of 2004 which
operates for the above |
mentioned purpose in addition to its customary purposes.
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"Foster home" means an entity that accepts the |
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responsibility for
stewardship of animals that are the |
obligation of an animal shelter, not to
exceed 4 animals at any |
given time. Permits to operate as a "foster home"
shall be |
issued through the animal shelter.
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"Guard dog service" means an entity that, for a fee, |
furnishes or leases
guard or sentry dogs for the protection of |
life or property. A person
is not a guard dog service solely |
because he or she owns a dog and uses it to
guard his or her |
home, business, or farmland.
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"Guard dog" means a type of dog used primarily for the |
purpose of defending,
patrolling, or protecting property or |
life at a commercial establishment
other than a farm. "Guard |
dog" does not include stock dogs used primarily for
handling |
and controlling livestock or farm animals, nor does it include
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personally owned pets that also provide security.
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"Sentry dog" means a dog trained to work without |
supervision in a fenced
facility other than a farm, and to |
deter or detain unauthorized persons found
within the facility.
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"Probationary status" means the 12-month period following |
a series of violations of this Act during which any further |
violation shall result in an automatic 12-month suspension of |
licensure.
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"Owner" means any person having a right of property in an |
animal, who keeps or harbors an animal, who has an animal in |
his or her care or acts as its custodian, or who knowingly |
permits a dog to remain on any premises occupied by him or her. |
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"Owner" does not include a feral cat caretaker participating in |
a trap, spay/neuter, return or release program. |
(Source: P.A. 95-550, eff. 6-1-08.)
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(225 ILCS 605/3.4) |
Sec. 3.4. Transfer Release of animals between to shelters. |
An animal shelter or animal control facility may not release |
any animal to an individual representing an animal shelter, |
unless (1) the recipient animal shelter has been licensed or |
has a foster care permit issued by the Department or (2) the |
individual is a representative of a not-for-profit, |
out-of-State organization who is transferring the animal out of |
the State of Illinois.
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(Source: P.A. 96-314, eff. 8-11-09.)
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(225 ILCS 605/3.6 new) |
Sec. 3.6. Acceptance of stray dogs and cats. |
(a) No animal shelter may accept a stray dog or cat unless |
the animal is reported by the shelter to the animal control or |
law enforcement of the county in which the animal is found by |
the next business day. An animal shelter may accept animals |
from: (1) the owner of the animal where the owner signs a |
relinquishment form which states he or she is the owner of the |
animal; (2) an animal shelter licensed under this Act; or (3) |
an out-of-state animal control facility, rescue group, or |
animal shelter that is duly licensed in their state or is a |
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not-for-profit organization. |
(b) When stray dogs and cats are accepted by an animal |
shelter, they must be scanned for the presence of a microchip |
and examined for other currently-acceptable methods of |
identification, including, but not limited to, identification |
tags, tattoos, and rabies license tags. The examination for |
identification shall be done within 24 hours after the intake |
of each dog or cat. The animal shelter shall notify the owner |
and transfer any dog with an identified owner to the animal |
control or law enforcement agency in the jurisdiction in which |
it was found or the local animal control agency for redemption. |
(c) If no transfer can occur, the animal shelter shall make |
every reasonable attempt to contact the owner, agent, or |
caretaker as soon as possible. The animal shelter shall give |
notice of not less than 7 business days to the owner, agent, or |
caretaker prior to disposal of the animal. The notice shall be |
mailed to the last known address of the owner, agent, or |
caretaker. Testimony of the animal shelter, or its authorized |
agent, who mails the notice shall be evidence of the receipt of |
the notice by the owner, agent, or caretaker of the animal. A |
mailed notice shall remain the primary means of owner, agent, |
or caretaker contact; however, the animal shelter shall also |
attempt to contact the owner, agent, or caretaker by any other |
contact information, such as by telephone or email address, |
provided by the microchip or other method of identification |
found on the dog or cat. If the dog or cat has been |
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microchipped and the primary contact listed by the chip |
manufacturer cannot be located or refuses to reclaim the dog or |
cat, an attempt shall be made to contact any secondary contacts |
listed by the chip manufacturer prior to adoption, transfer, or |
euthanization. Prior to transferring any stray dog or cat to |
another humane shelter or rescue group or euthanization, the |
dog or cat shall be scanned again for the presence of a |
microchip and examined for other means of identification. If a |
second scan provides the same identifying information as the |
initial intake scan and the owner, agent, or caretaker has not |
been located or refuses to reclaim the dog or cat, the animal |
shelter may proceed with adoption, transfer, or euthanization. |
(d) When stray dogs and cats are accepted by an animal |
shelter and no owner can be identified, the shelter shall hold |
the animal for the period specified in local ordinance prior to |
adoption, transfer, or euthanasia. The animal shelter shall |
allow access to the public to view the animals housed there. If |
a dog is identified by an owner who desires to make redemption |
of it, the dog shall be transferred to the local animal control |
for redemption. If no transfer can occur, the animal shelter |
shall proceed pursuant to Section 3.7. Upon lapse of the hold |
period specified in local ordinance and no owner can be |
identified, ownership of the animal, by operation of law, |
transfers to the shelter that has custody of the animal. |
(e) No representative of an animal shelter may enter |
private property and remove an animal without permission from |
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the property owner and animal owner, nor can any representative |
of an animal shelter direct another individual to enter private |
property and remove an animal unless that individual is an |
approved humane investigator (approved by the Department) |
operating pursuant to the provisions of the Humane Care for |
Animals Act. |
(f) Nothing in this Section limits an animal shelter and an |
animal control facility who, through mutual agreement, wish to |
enter into an agreement for animal control, boarding, holding, |
or other services provided that the agreement requires parties |
adhere to the provisions of the Animal Control Act, the Humane |
Euthanasia in Animal Shelters Act, and the Humane Care for |
Animals Act.
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(225 ILCS 605/3.7 new) |
Sec. 3.7. Redemption of stray dogs and cats from animal |
shelters.
Any owner, agent, or caretaker wishing to make |
redemption of a dog or cat held by a shelter under the |
provisions of subsection (c) of Section 3.6 of this Act may do |
so by doing the following: |
(1) paying the shelter for the board of the dog or cat |
for the period the shelter was in possession of the animal; |
the daily boarding rate shall not exceed the daily boarding |
rate of the animal control agency in the jurisdiction in |
which the shelter is located; and |
(2) paying the shelter for reasonable costs of |
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veterinary care, if applicable. |
The shelter has the option to waive any fees or veterinary |
costs.
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(225 ILCS 605/10) (from Ch. 8, par. 310)
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Sec. 10. Grounds for discipline. The Department may refuse |
to issue or
renew or may suspend or
revoke a license on any one |
or more of the following grounds:
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a. Material misstatement in the application for original |
license or in
the application for any renewal license under |
this Act;
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b. A violation of this Act or of any regulations
or
rules |
issued pursuant thereto;
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c. Aiding or abetting another in the violation of this Act |
or
of any regulation or rule issued pursuant thereto;
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d. Allowing one's license under this Act to be used by an |
unlicensed
person;
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e. Conviction of any crime an essential element of which is
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misstatement, fraud or dishonesty or conviction of any felony, |
if the
Department determines, after investigation, that such |
person has not been
sufficiently rehabilitated to warrant the |
public trust;
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f. Conviction of a violation of any law of Illinois except |
minor
violations such as traffic violations and violations not |
related to the
disposition of dogs, cats and other animals or |
any rule or regulation of
the Department relating to dogs or |
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cats and sale thereof;
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g. Making substantial misrepresentations or false promises |
of a
character likely to influence, persuade or induce in |
connection with the
business of a licensee under this Act;
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h. Pursuing a continued course of misrepresentation of or |
making false
promises through advertising, salesman, agents or |
otherwise in connection
with the business of a licensee under |
this Act;
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i. Failure to possess the necessary qualifications or to |
meet the
requirements of the Act for the issuance or holding a |
license; or
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j. Proof that the licensee is guilty of gross negligence,
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incompetency, or cruelty with regard to animals.
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The Department may refuse to issue or may suspend the |
license
of any person who fails to file a return, or to pay the |
tax, penalty or
interest shown in a filed return, or to pay any |
final assessment of tax,
penalty or interest, as required by |
any tax Act administered by the
Illinois Department of Revenue, |
until such time as the requirements of any
such tax Act are |
satisfied.
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The Department may order any licensee to cease operation |
for a period not
to exceed 72 hours to correct deficiencies in |
order to meet licensing
requirements.
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If the Department revokes a license under this Act at an |
administrative hearing, the licensee and any individuals |
associated with that license shall be prohibited from applying |