HB4612 94TH GENERAL ASSEMBLY

LRB094 16611 RAS 51873 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4612

Introduced 01/12/06, by Rep. Karen May

SYNOPSIS AS INTRODUCED:

225 ILCS 605/2	from Ch. 8, par. 302
225 ILCS 605/18.2 new
225 ILCS 605/18.3 new
225 ILCS 605/18.4 new
225 ILCS 605/18.5 new
225 ILCS 605/18.6 new
225 ILCS 605/18.7 new
225 ILCS 605/20.1 new
225 ILCS 605/23 new
225 ILCS 605/24 new

Amends the Animal Welfare Act. Sets forth provisions concerning bird sales, including bird care, sanitation, veterinary care, euthanasia, housing requirements, ambient conditions, sale or transfer, and recordkeeping. Provides that if it is determined, after inspection or investigation, that a licensee has violated any provision of the Act or any rule adopted under the Act, the enforcing officer may issue a correction notice requiring the violation to be remedied within 14 days or within 24 hours if the violation endangers the immediate health or safety of an animal. Provides that nothing in the Act limits or authorizes any act or omission that would violate any anti-cruelty law of the State. Sets forth a provision concerning severability. Makes other changes. Effective January 1, 2007.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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 Section 2 and by adding Sections 18.2, 18.3, 18.4, 18.5, 18.6, 18.7, 20.1, 23, and 24 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.

"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 veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 shall not be considered 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.

"Bird mart" means an event at which 2 or more persons offer birds for sale or exchange or where a fee is charged for the privilege of offering or displaying the birds.

"Enrichment" means providing objects or activities that are compatible with the needs of the species that stimulate an animal and promote the animal's physical or psychological well-being.

"Euthanasia" means the humane destruction of an animal accomplished by a method that involves rapid unconsciousness and immediate death with a minimum of pain and distress inflicted on the animal or by a method that involves anesthesia produced by an agent that causes painless loss of consciousness and death during such loss of consciousness.

"Hand-feeding" means the process by which an animal is manually fed by a human through the use of hand, spoon, bottle, or oral gavage.

"Humane" means any action taken in consideration of and with the intent of providing for an animal's health and well-being.

"Primary enclosure" means any structure used to immediately restrict an animal to a limited amount of space and where the animal resides until sold or transferred.

"Time of sale" means the calendar date on which the retail purchaser removes the animal from the premises of the pet shop following the retail sale of that animal.

"Bird vendor" means any person or entity, including, but not limited to, a broker, agent, aviary, or breeder, who sells birds directly to the retail purchaser at a bird mart or at a swap meet.

"Veterinary treatment" means treatment by or on the order of a licensed veterinarian.

"Weaned" means any animal that has become accustomed to taking solid food and has done so without nursing, hand-feeding, or human or animal assistance for a period of at least 2 weeks and is capable of sustaining at least 90% of its own weight, notwithstanding any illness or injury.

"Well-placed perch" means a perch on which a bird can stand completely upright without having any head contact with the ceiling of the cage and any tail contact with the floor or grate of the cage.

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

(225 ILCS 605/18.2 new)

Sec. 18.2. Bird care; sanitation.

(a) Pet shop operators who sell, offer to sell, exchange, or offer for adoption birds must ensure that each bird is handled in a manner that will not cause discomfort, stress, or physical harm to that animal.

(b) Food must be provided to each bird at least once during each 24-hour period. Any bird with a nutritional need or disease condition must be fed more frequently on the advice of the attending veterinarian. Bird food must be wholesome, palatable, free from contamination, and of sufficient quantity and nutritive value to meet the normal daily requirements for the bird, based upon its age, condition, and size.

(c) Water and food receptacles must be in sufficient number, of adequate size, and so located as to enable each bird in the enclosure to be supplied with an adequate amount of water and food. Bowls, dishes, and other containers used for the feeding and watering of birds must be cleaned daily, or more often if necessary to prevent contamination from excrement or urine. Water and food receptacles must be so located as to minimize their potential contamination from excreta. Birds must be removed from the primary enclosures when water or any chemical solution is used in cleaning. Perches must be cleaned on a regular basis, as determined by Department rule.

(d) This Section does not apply to animal shelters or rescue organizations incorporated as non-profit entities.

(225 ILCS 605/18.3 new)

Sec. 18.3. Veterinary care for birds; euthanasia.

(a) Pet shop operators who sell, offer to sell, exchange, or offer for adoption birds must ensure that veterinary treatment is provided to the birds without delay when needed to prevent suffering or the transmission of disease.

(b) A documented program for disease prevention, parasite control, euthanasia, and adequate veterinary care must be established by the pet shop operator and maintained under the supervision of a veterinarian. This program shall include each of the following requirements:

(1) Each bird must be observed daily by the animal caretaker in charge or by someone under his or her direct supervision, for the purpose of monitoring health, nutrition, and well being.

(2) Birds that become seriously ill or seriously injured must be diagnosed by a veterinarian in a timely manner and the prescribed therapy followed. Sick or injured animals must be:

(A) provided with timely veterinary treatment as needed for the health and well-being of the bird; or

(B) euthanized humanely and promptly by the pet shop's attending veterinarian; or

(C) surrendered, with the express consent of the recipient, to a local public or private animal shelter.

(3) Birds may not be euthanized in any way except through the most current, approved euthanasia methods established by the American Veterinary Medical Association panel on euthanasia.

(c) Veterinary treatment records must be kept for all birds that receive any medications while in the care of the pet shop. These records must be made available to the Department during normal business hours.

(d) This Section does not apply to animal shelters or rescue organizations incorporated as non-profit entities.

(225 ILCS 605/18.4 new)

Sec. 18.4. Housing requirements for birds. Pet shop operators who sell, offer to sell, exchange, or offer for adoption birds must meet each of the following conditions:

(1) All enclosures in which one or more birds are housed or exercised must be structurally sound and constructed and maintained in good repair, so as to prevent injury to the birds, to contain the birds and keep other animals out, and to promote the health and safety of the enclosed birds and the public.

(2) Sandpaper-covered perches or perches covered in an abrasive material are prohibited.

(3) Each primary enclosure must have at least one form of appropriate enrichment per every 4 animals.

(4) Perches or other space must be provided to allow each bird to roost without physical harassment from other birds.

(A) A single well-placed perch may be adequate for bird species that are known to be agile climbers, such as psittacines.

(B) Two perches, one at each end of the cage, must be provided for those bird species, including finches and canaries, that prefer flying or jumping to climbing.

(C) Perches must be strategically placed to prevent droppings from contaminating other birds and the birds' food and water supply and also to prevent the bird's tail from having contact with the food and water supply.

(5) Sufficient space must be provided for each bird to maintain itself in good health. Cages must provide space not less than 2 and one half times the body volume of living creatures contained in the cage. All birds must be housed in cages of sufficient size and dimensions to allow each bird an amount of perch space that enables it to fully extend its wings in every direction while all birds are simultaneously perched without having to touch another bird, obstacle, or the side of the cage.

This Section does not apply to animal shelters or rescue organizations incorporated as non-profit entities.

(225 ILCS 605/18.5 new)

Sec. 18.5. Ambient conditions for birds. Pet shop operators who sell, offer to sell, exchange, or offer for adoption birds must meet each of the following conditions:

(1) Lighting of sufficient intensity and distribution must be available to permit routine inspection of the birds for signs of stress, illness, and injury and proper cleaning of the enclosures and the premises.

(2) Primary enclosures for birds must allow at least 8 hours of either natural or artificial light daily.

This Section does not apply to animal shelters or rescue organizations incorporated as non-profit entities.

(225 ILCS 605/18.6 new)

Sec. 18.6. Sale or transfer of birds.

(a) In this Section, "bird" means any order of Psittaciformes bird.

(b) A pet shop may not sell a bird and a bird vendor may not sell a bird at a swap meet or bird mart, unless the bird is weaned. At the time of sale, a pet shop or bird vendor must document the weight of any hand-fed bird under one year of age and note the weight on the sales receipt.

(c) Notwithstanding Section 18.8 of this Act, any person violating any provision of this Section is subject to a civil penalty of up to $1,000 per violation.

(d) This Section does not apply to animal shelters or rescue organizations incorporated as non-profit entities.

(225 ILCS 605/18.7 new)

Sec. 18.7. Recordkeeping for birds. Pet shop operators who sell, offer to sell, exchange, or offer for adoption birds must meet each of the following conditions:

(1) The name of the veterinarian who provides on-going care to the birds is visibly posted in the pet shop and kept up-to-date.

(2) The pet shop furnishes written recommendations for the generally accepted care for each type of bird to each purchaser at the time of sale. The written document must include recommendations for safe housing, feeding, equipment, sanitation, environment, behavior, and enrichment for the type of animal.

(3) The pet shop furnishes the purchaser of each bird a written statement at the time of sale. The statement must show all of the following information:

(A) The date of sale and date of birth of the bird, if known.

(B) The name, address, and telephone number of the pet shop.

(C) The name, address, and telephone number of the purchaser.

(D) The breed and description of the bird, including its age, sex, and weight.

(E) The leg band identification number of the bird being sold.

(4) Records of veterinary visits to the pet shop premises are documented in writing. Veterinary treatment records must be kept for all birds that receive any medications while in the care of the pet shop. These records must include all of the following information:

(A) The identification of the animal receiving medical treatment.

(B) The name of the medication used.

(C) The amount of medication used.

(D) The time and date on which the medication was administered.

These records must be kept at the pet shop for one year after the sale of the bird.

(5) Accurate records are kept and maintained for each bird purchased, acquired, held, transported, sold, or otherwise disposed of. The records must be available for inspection during normal business hours and must include all of the following information:

(A) The name, address, and telephone number of the person from whom each bird was acquired and, if the person is a licensed dealer, his or her license number or, if the person is not a licensed dealer, his or her driver's license number, social security number, or federal tax identification number.

(B) The date each bird was acquired.

(C) A description of each bird showing its age, size, color, markings, sex, breed, and species. Records must also include any other significant identification for each animal, including any official tag number, official leg band number, or tattoo.

(D) The name and address of the person to whom each animal is sold, given, or delivered. The record must show the method and date of disposition.

(E) A written record on the health, status, disposition, age at time of acquisition, and age at sale of each psittacine bird.

(F) An indication of any psittacine bird that the pet shop operator knows to be or have been sick or diseased or to have died.

These records must be maintained by the pet shop for a minimum of 12 months after the sale or transfer of the bird.

This Section does not apply to animal shelters or rescue organizations incorporated as non-profit entities.

(225 ILCS 605/20.1 new)

Sec. 20.1. Enforcement. Notwithstanding any other penalty imposed under this Act, if it is determined, after inspection or investigation, that a licensee has violated any provision of this Act or any rule adopted under this Act, the enforcing officer may issue a correction notice requiring the violation to be remedied within 14 days; however, if the violation endangers the immediate health or safety of an animal in the custody of the licensee, the violation may be required to be remedied within a 24-hour time period.

This Section does not apply to animal shelters or rescue organizations incorporated as non-profit entities.

(225 ILCS 605/23 new)

Sec. 23. Anti-cruelty laws. Nothing in this Act limits or authorizes any act or omission that would violate any anti-cruelty law of this State.

(225 ILCS 605/24 new)

Sec. 24. Severability. If any provision of this Act or the application of any provision of this Act to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this Act that can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are severable.

Section 99. Effective date. This Act takes effect January 1, 2007.