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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0593
Introduced 2/5/2007, by Rep. Patricia R. Bellock SYNOPSIS AS INTRODUCED:
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225 ILCS 605/2 |
from Ch. 8, par. 302 |
225 ILCS 605/20.5 new |
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Amends the Animal Welfare Act. Sets forth administrative fines for violating or aiding in the violation of any provision of the Act or any rule adopted under the Act by the Department of Agriculture. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0593 |
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LRB095 03871 RAS 23902 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 |
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| Section 2 and by adding Section 20.5 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 |
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| 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 |
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| Agriculture.
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| "Pet shop operator" means any person who sells, offers to |
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| sell,
exchange, or offers for adoption with or without charge |
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| or donation dogs,
cats, birds, fish, reptiles, or other animals |
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| customarily obtained as pets
in this State. However, a person |
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| who sells only such animals that he has
produced and raised |
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| shall not be considered a pet shop operator under this
Act, and |
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| a veterinary hospital or clinic operated by a veterinarian or
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| veterinarians licensed under the Veterinary Medicine and |
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| Surgery Practice
Act of 2004 shall not be considered a pet shop |
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| 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 |
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HB0593 |
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LRB095 03871 RAS 23902 b |
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| donation dogs in this State.
However, a person who sells only |
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| dogs that he has produced and raised shall
not be considered a |
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| dog dealer under this Act, and a veterinary hospital or
clinic |
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| operated by a veterinarian or veterinarians licensed under the
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| Veterinary Medicine and Surgery Practice Act of 2004
shall not |
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| be considered a dog dealer under this Act.
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| "Secretary of Agriculture" or "Secretary" means the |
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| Secretary of
Agriculture of the United States Department of |
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| Agriculture.
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| "Person" means any person, firm, corporation, partnership, |
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| association
or other legal entity, any public or private |
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| institution, the State of
Illinois, or any municipal |
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| corporation or political subdivision of the
State.
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| "Kennel operator" means any person who operates an |
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| establishment, other
than an animal control facility, |
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| veterinary hospital, or animal
shelter, where dogs or dogs and |
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| cats are maintained
for boarding, training or similar purposes |
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| for a fee or compensation; or
who sells, offers to sell, |
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| exchange, or offers for adoption with or without
charge dogs or |
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| 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 |
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| of reproduction shall not be considered a kennel
operator.
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| "Cattery operator" means any person who operates an |
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| 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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HB0593 |
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LRB095 03871 RAS 23902 b |
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| offers to sell, exchange, or offers for adoption with or |
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| without charges
cats which he has produced and raised. A person |
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| who owns, has possession
of, or harbors 5 or
less females |
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| capable of reproduction shall not be considered a
cattery |
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| 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 |
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| corporation or political subdivision of the State
for the |
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| purpose of impounding or harboring seized, stray, homeless,
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| abandoned or unwanted dogs, cats, and other animals. "Animal |
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| control
facility" also means any
veterinary hospital or clinic |
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| operated by a veterinarian or veterinarians
licensed under the |
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| Veterinary Medicine and Surgery Practice Act of 2004 which
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| operates for the above mentioned purpose in addition to its |
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| customary purposes.
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| "Animal shelter" means a facility operated, owned, or |
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| maintained by a duly
incorporated humane society, animal |
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| welfare society, or other non-profit
organization for the |
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| purpose of providing for and promoting the welfare,
protection, |
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| and humane treatment of animals. "Animal shelter" also means |
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| any
veterinary hospital or clinic operated by a veterinarian or |
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| veterinarians
licensed under the Veterinary Medicine and |
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| Surgery Practice Act of 2004 which
operates for the above |
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| 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 |
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HB0593 |
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LRB095 03871 RAS 23902 b |
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| obligation of an animal shelter, not to
exceed 4 animals at any |
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| given time. Permits to operate as a "foster home"
shall be |
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| issued through the animal shelter.
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| "Guard dog service" means an entity that, for a fee, |
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| furnishes or leases
guard or sentry dogs for the protection of |
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| life or property. A person
is not a guard dog service solely |
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| because he or she owns a dog and uses it to
guard his or her |
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| home, business, or farmland.
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| "Guard dog" means a type of dog used primarily for the |
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| purpose of defending,
patrolling, or protecting property or |
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| life at a commercial establishment
other than a farm. "Guard |
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| dog" does not include stock dogs used primarily for
handling |
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| 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 |
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| supervision in a fenced
facility other than a farm, and to |
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| deter or detain unauthorized persons found
within the facility.
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| "Probationary status" means the 12-month period following |
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| a series of violations of this Act during which any further |
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| violation shall result in an automatic 12-month suspension of |
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| licensure.
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| (Source: P.A. 93-281, eff. 12-31-03.)
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| (225 ILCS 605/20.5 new) |
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| Sec. 20.5. Administrative fines. The following |
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| administrative fines shall be imposed by the Department upon |
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HB0593 |
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LRB095 03871 RAS 23902 b |
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| any person who violates or aides in the violation of any |
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| provision of this Act or any rule adopted by the Department |
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| under this Act: |
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| (1) For the first violation, a fine of $200. |
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| (2) For a second violation that occurs within 3 years |
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| after the first violation, a fine of $500. |
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| (3) For a third violation that occurs within 3 years |
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| after the first violation, mandatory probationary status |
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| and a fine of $1,000.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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