HB0707 94TH GENERAL ASSEMBLY

LRB094 04266 RAS 34291 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0707

Introduced 02/01/05, by Rep. Elaine Nekritz

SYNOPSIS AS INTRODUCED:

225 ILCS 605/2	from Ch. 8, par. 302
225 ILCS 605/3	from Ch. 8, par. 303
225 ILCS 605/3.1	from Ch. 8, par. 303.1
225 ILCS 605/18	from Ch. 8, par. 318
225 ILCS 605/20	from Ch. 8, par. 320
510 ILCS 70/2.10
510 ILCS 70/3	from Ch. 8, par. 703

Amends the Animal Welfare Act. Replaces the term "pet shop operator" with "animal caretaker" throughout the Act. Provides that licensees under the Act shall provide for their animals a sufficient quantity of good quality, wholesome food and water, adequate shelter and protection from the weather, annual and necessary veterinary care, and a stimulating and enriching environment. Provides that an individual who violates any provision of the Act or a Department rule or order is guilty of a Class A misdemeanor (now, a Class C misdemeanor). Amends the Humane Care for Animals Act. Changes the definition of "companion animal hoarder". Provides that each owner or animal caretaker shall provide for each of his or her animals annual veterinary care, sanitary conditions, proper ventilation, and a stimulating and enriching environment. Provides that a person convicted of violating the Section of the Act concerning owner's and animal caretaker's duties is guilty of a Class A misdemeanor (now, a Class B misdemeanor). Also, adds definitions. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning animals.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Animal Welfare Act is amended by changing Sections 2, 3, 3.1, 18, and 20 as follows:

(225 ILCS 605/2) (from Ch. 8, par. 302)

Sec. 2. Definitions. As used in this Act unless the context otherwise requires:

"Department" means the Illinois Department of Agriculture.

"Director" means the Director of the Illinois Department of Agriculture.

"Animal caretaker Pet shop operator" means any person who sells, offers to sell or , 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. "Animal caretaker" includes, but is not limited to, a pet store, breeder, adoption facility, shelter, or private individual who performs any of the functions of an animal caretaker listed in this paragraph. 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 veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 shall not be considered an animal caretaker a pet shop operator under this Act.

"Dog dealer" means any person who sells, offers to sell, 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 Veterinary Medicine and Surgery Practice Act of 2004 shall not be considered a dog dealer under this Act.

"Secretary of Agriculture" or "Secretary" means the Secretary of Agriculture of the United States Department of Agriculture.

"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.

"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 owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a kennel operator.

"Cattery operator" means any person who operates an establishment, other than an animal control facility or animal shelter, where 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 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.

"Animal control facility" means any facility operated by or 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, 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 operates for the above mentioned purpose in addition to its customary purposes.

"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.

"Foster home" means an entity that accepts the 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.

"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.

"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 personally owned pets that also provide security.

"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.

(Source: P.A. 93-281, eff. 12-31-03.)

(225 ILCS 605/3) (from Ch. 8, par. 303)

Sec. 3. No person shall engage in business as an animal caretaker a pet shop operator, dog dealer, kennel operator, cattery operator, or operate a guard dog service, an animal control facility or animal shelter or any combination thereof, in this State without a license therefor issued by the Department. Only one license shall be required for any combination of businesses at one location, except that a separate license shall be required to operate a guard dog service. Guard dog services that are located outside this State but provide services within this State are required to obtain a license from the Department. Out-of-state guard dog services are required to comply with the requirements of this Act with regard to guard dogs and sentry dogs transported to or used within this State.

(Source: P.A. 89-178, eff. 7-19-95.)

(225 ILCS 605/3.1) (from Ch. 8, par. 303.1)

Sec. 3.1. Information on dogs and cats for sale. Every animal caretaker pet shop operator, dog dealer, and cattery operator shall provide the following information for every dog or cat available for sale:

(a) The age, sex, and weight of the animal.

(b) The breed of the animal.

(c) A record of vaccinations and veterinary care and treatment.

(d) A record of surgical sterilization or lack of surgical sterilization.

(e) The name and address of the breeder of the animal.

(f) The name and address of any other person who owned or harbored the animal between its birth and the point of sale.

(Source: P.A. 87-819.)

(225 ILCS 605/18) (from Ch. 8, par. 318)

Sec. 18. The licensee shall:

a. Maintain sanitary conditions.

b. Insure proper ventilation.

c. Provide adequate nutrition.

d. Provide humane care and treatment of all animals under his jurisdiction.

d-5. Provide a sufficient quantity of good quality, wholesome food and water.

d-10. Provide adequate shelter and protection from the weather.

d-15. Provide veterinary care on an annual basis and also when needed to prevent suffering.

d-20. Provide a stimulating and enriching environment.

e. Take reasonable care to release for sale, trade, or adoption only those animals which are free of disease, injuries or abnormalities. A health certificate, meeting the requirements of the Department and issued by a licensed veterinarian for any such animal within 5 days before such sale, trade or adoption is prima facie evidence that the licensee has taken reasonable care, as required by this paragraph.

f. Inspection of the premises of a licensee to determine compliance with this Act may be made only by the Department.

In this Section:

"Good quality, wholesome food" for birds means that prescribed by an Avian veterinarian.

"Stimulating and enriching environment" for birds includes, but is not limited to, a variety of toys, perches of different sizes and materials, and full-spectrum lighting.

(Source: P.A. 78-900.)

(225 ILCS 605/20) (from Ch. 8, par. 320)

Sec. 20. Any person violating any provision of this Act or any rule, regulation or order of the Department issued pursuant to this Act is guilty of a Class A C misdemeanor and every day a violation continues constitutes a separate offense.

(Source: P.A. 89-178, eff. 7-19-95.)

Section 10. The Humane Care for Animals Act is amended by changing Sections 2.10 and 3 as follows:

(510 ILCS 70/2.10)

Sec. 2.10. Companion animal hoarder. "Companion animal hoarder" means a person who (i) possesses a large number of companion animals; (ii) fails to or is unable to provide what he or she is required to provide under Section 3 of this Act; (iii) keeps the companion animals in a severely overcrowded environment; and (iv) displays an inability to recognize or understand the nature of or has a reckless disregard for the conditions under which the companion animals are living and the deleterious impact they have on the companion animals' and owner's health and well-being.

(Source: P.A. 92-454, eff. 1-1-02.)

(510 ILCS 70/3) (from Ch. 8, par. 703)

Sec. 3. Owner's and animal caretaker's duties. Each owner or animal caretaker shall provide for each of his or her animals:

(a) sufficient quantity of good quality, wholesome food and water;

(b) adequate shelter and protection from the weather;

(c) veterinary care on an annual basis and also when needed to prevent suffering; and

(d) humane care and treatment; .

(e) sanitary conditions;

(f) proper ventilation; and

(g) a stimulating and enriching environment.

A person convicted of violating this Section is guilty of a Class A B misdemeanor. A second or subsequent violation is a Class 4 felony with every day that a violation continues constituting a separate offense. In addition to any other penalty provided by law, upon conviction for violating this Section, the court may order the convicted person to undergo a psychological or psychiatric evaluation and to undergo any treatment at the convicted person's expense that the court determines to be appropriate after due consideration of the evaluation. If the convicted person is a juvenile or a companion animal hoarder, the court must order the convicted person to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation.

In this Section:

"Animal caretaker" means an "animal caretaker" as defined in the Animal Welfare Act.

"Good quality, wholesome food" for a bird means that prescribed by an Avian veterinarian.

"Stimulating and enriching environment" for a bird includes, but is not limited to, a variety of toys, perches of different sizes and materials, and full-spectrum lighting.

(Source: P.A. 92-650, eff. 7-11-02.)

Section 99. Effective date. This Act takes effect upon becoming law.