Rep. Charles Meier
Filed: 4/23/2018
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1 | AMENDMENT TO HOUSE BILL 5029
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2 | AMENDMENT NO. ______. Amend House Bill 5029 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Animal Welfare Act is amended by changing | ||||||
5 | Sections 2, 2.2, 3, and 3.1 as follows:
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6 | (225 ILCS 605/2) (from Ch. 8, par. 302)
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7 | Sec. 2. Definitions. As used in this Act unless the context | ||||||
8 | otherwise
requires:
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9 | "Department" means the Illinois Department of Agriculture.
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10 | "Director" means the Director of the Illinois Department of | ||||||
11 | Agriculture.
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12 | "Pet shop operator" means any person who sells, offers to | ||||||
13 | sell,
exchange, or offers for adoption with or without charge | ||||||
14 | or donation dogs,
cats, birds, fish, reptiles, or other animals | ||||||
15 | customarily obtained as pets
in this State. However, a person | ||||||
16 | who sells only such animals that he has
produced and raised |
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1 | shall not be considered a pet shop operator under this
Act, and | ||||||
2 | a veterinary hospital or clinic operated by a veterinarian or
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3 | veterinarians licensed under the Veterinary Medicine and | ||||||
4 | Surgery Practice
Act of 2004 shall not be considered a pet shop | ||||||
5 | operator under this
Act.
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6 | "Dog dealer" means any person who sells, offers to sell, | ||||||
7 | exchange, or
offers for adoption with or without charge or | ||||||
8 | donation dogs in this State.
However, a person who sells only | ||||||
9 | dogs that he has produced and raised shall
not be considered a | ||||||
10 | dog dealer under this Act, and a veterinary hospital or
clinic | ||||||
11 | operated by a veterinarian or veterinarians licensed under the
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12 | Veterinary Medicine and Surgery Practice Act of 2004
shall not | ||||||
13 | be considered a dog dealer under this Act.
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14 | "Secretary of Agriculture" or "Secretary" means the | ||||||
15 | Secretary of
Agriculture of the United States Department of | ||||||
16 | Agriculture.
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17 | "Person" means any person, firm, corporation, partnership, | ||||||
18 | association
or other legal entity, any public or private | ||||||
19 | institution, the State of
Illinois, or any municipal | ||||||
20 | corporation or political subdivision of the
State.
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21 | "Kennel operator" means any person who operates an | ||||||
22 | establishment, other
than an animal control facility, | ||||||
23 | veterinary hospital, or animal
shelter, where dogs or dogs and | ||||||
24 | cats are maintained
for boarding, training or similar purposes | ||||||
25 | for a fee or compensation ; or
who sells, offers to sell, | ||||||
26 | exchange, or offers for adoption with or without
charge dogs or |
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1 | dogs and cats which he has produced and raised. A person who
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2 | owns, has possession of, or harbors 5 or less
females capable | ||||||
3 | of reproduction shall not be considered a kennel
operator .
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4 | "Boarding" means a time frame greater than 12 hours or an | ||||||
5 | overnight period during which an animal is kept by a kennel | ||||||
6 | operator. | ||||||
7 | "Cat breeder" means a person who sells, offers to sell, | ||||||
8 | exchanges, or offers for adoption with or without charge cats | ||||||
9 | that he or she has produced and raised. A person who owns, has | ||||||
10 | possession of, or harbors 5 or less females capable of | ||||||
11 | reproduction shall not be considered a cat breeder. | ||||||
12 | "Dog breeder" means a person who sells, offers to sell, | ||||||
13 | exchanges, or offers for adoption with or without charge dogs | ||||||
14 | that he has produced and raised. A person who owns, has | ||||||
15 | possession of, or harbors 5 or less females capable of | ||||||
16 | reproduction shall not be considered a dog breeder. | ||||||
17 | "Cattery operator" means any person who operates an | ||||||
18 | establishment, other
than an animal control facility or animal
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19 | shelter, where cats are maintained for boarding,
training or | ||||||
20 | similar purposes for a fee or compensation; or who sells,
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21 | offers to sell, exchange, or offers for adoption with or | ||||||
22 | without charges
cats which he has produced and raised. A person | ||||||
23 | who owns, has possession
of, or harbors 5 or
less females | ||||||
24 | capable of reproduction shall not be considered a
cattery | ||||||
25 | operator.
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26 | "Animal control facility" means any facility operated by or
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1 | under contract for the State,
county, or any municipal | ||||||
2 | corporation or political subdivision of the State
for the | ||||||
3 | purpose of impounding or harboring seized, stray, homeless,
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4 | abandoned or unwanted dogs, cats, and other animals. "Animal | ||||||
5 | control
facility" also means any
veterinary hospital or clinic | ||||||
6 | operated by a veterinarian or veterinarians
licensed under the | ||||||
7 | Veterinary Medicine and Surgery Practice Act of 2004 which
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8 | operates for the above mentioned purpose in addition to its | ||||||
9 | customary purposes.
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10 | "Animal shelter" means a facility operated, owned, or | ||||||
11 | maintained by a duly
incorporated humane society, animal | ||||||
12 | welfare society, or other non-profit
organization for the | ||||||
13 | purpose of providing for and promoting the welfare,
protection, | ||||||
14 | and humane treatment of animals. "Animal shelter" also means | ||||||
15 | any
veterinary hospital or clinic operated by a veterinarian or | ||||||
16 | veterinarians
licensed under the Veterinary Medicine and | ||||||
17 | Surgery Practice Act of 2004 which
operates for the above | ||||||
18 | mentioned purpose in addition to its customary purposes.
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19 | "Day care operator" means a person who operates an | ||||||
20 | establishment, other than an animal control facility, | ||||||
21 | veterinary hospital, or animal shelter, where dogs or dogs and | ||||||
22 | cats are kept for a period of time not exceeding 12 hours. | ||||||
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 any | ||||||
26 | given time. Permits to operate as a "foster home"
shall be |
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1 | issued through the animal shelter.
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2 | "Guard dog service" means an entity that, for a fee, | ||||||
3 | furnishes or leases
guard or sentry dogs for the protection of | ||||||
4 | life or property. A person
is not a guard dog service solely | ||||||
5 | because he or she owns a dog and uses it to
guard his or her | ||||||
6 | home, business, or farmland.
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7 | "Guard dog" means a type of dog used primarily for the | ||||||
8 | purpose of defending,
patrolling, or protecting property or | ||||||
9 | life at a commercial establishment
other than a farm. "Guard | ||||||
10 | dog" does not include stock dogs used primarily for
handling | ||||||
11 | and controlling livestock or farm animals, nor does it include
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12 | personally owned pets that also provide security.
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13 | "Sentry dog" means a dog trained to work without | ||||||
14 | supervision in a fenced
facility other than a farm, and to | ||||||
15 | deter or detain unauthorized persons found
within the facility.
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16 | "Probationary status" means the 12-month period following | ||||||
17 | a series of violations of this Act during which any further | ||||||
18 | violation shall result in an automatic 12-month suspension of | ||||||
19 | licensure.
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20 | "Owner" means any person having a right of property in an | ||||||
21 | animal, who keeps or harbors an animal, who has an animal in | ||||||
22 | his or her care or acts as its custodian, or who knowingly | ||||||
23 | permits a dog to remain on any premises occupied by him or her. | ||||||
24 | "Owner" does not include a feral cat caretaker participating in | ||||||
25 | a trap, spay/neuter, return or release program. | ||||||
26 | (Source: P.A. 99-310, eff. 1-1-16 .)
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1 | (225 ILCS 605/2.2) (from Ch. 8, par. 302.2)
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2 | Sec. 2.2.
No dog dealer, dog breeder, or cat breeder kennel | ||||||
3 | operator, or cattery operator shall
separate a puppy or kitten | ||||||
4 | from its mother, for the
purpose of sale, until such puppy or | ||||||
5 | kitten has attained the age of 8
weeks.
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6 | All licensees under this Act shall maintain records of
the | ||||||
7 | origin and sale of all dogs, and such records shall be made | ||||||
8 | available for
inspection by the Secretary or the Department | ||||||
9 | upon demand. Such records
must contain proof in proper form of | ||||||
10 | purebreds and their pedigree, and evidence
of such proof must | ||||||
11 | be provided to any person acquiring a dog from a licensee
under | ||||||
12 | this Act. In addition, guard dog services shall be
required to | ||||||
13 | maintain records of transfer of ownership, death, or | ||||||
14 | disappearance
of a guard dog or sentry dog used by that guard | ||||||
15 | dog service.
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16 | (Source: P.A. 89-178, eff. 7-19-95.)
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17 | (225 ILCS 605/3) (from Ch. 8, par. 303)
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18 | Sec. 3. (a) Except as provided in subsection (b) of this | ||||||
19 | Section, no person shall engage in business as a pet shop | ||||||
20 | operator, dog
dealer, kennel operator, day care operator, dog | ||||||
21 | breeder, or cat breeder cattery operator,
or operate a guard | ||||||
22 | dog service, an animal control
facility , or animal shelter , or
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23 | any combination thereof, in this State without a license | ||||||
24 | therefor issued by
the Department. Only one license shall be |
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1 | required for any combination of
businesses at one location, | ||||||
2 | except that a separate license shall be required
to operate a | ||||||
3 | guard dog service. Guard dog services that are located outside
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4 | this State but provide services within this State are required | ||||||
5 | to obtain a
license from the Department. Out-of-state guard dog | ||||||
6 | services are required to
comply with the requirements of this | ||||||
7 | Act with regard to guard dogs and sentry
dogs transported to or | ||||||
8 | used within this State.
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9 | (b) This Act does not apply to a private detective agency | ||||||
10 | or private security agency licensed under the Private | ||||||
11 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
12 | Vendor, and
Locksmith Act of 2004 that provides guard dog or | ||||||
13 | canine odor detection services and does not otherwise operate a | ||||||
14 | kennel for hire.
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15 | (Source: P.A. 95-613, eff. 9-11-07.)
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16 | (225 ILCS 605/3.1) (from Ch. 8, par. 303.1)
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17 | Sec. 3.1. Information on dogs and cats for sale by a dog | ||||||
18 | dealer , dog breeder, or cat breeder or cattery operator . Every | ||||||
19 | dog dealer , dog breeder, and cat breeder and cattery operator | ||||||
20 | shall provide the following
information for every dog or cat | ||||||
21 | available for sale:
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22 | (a) The age, sex, and weight of the animal.
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23 | (b) The breed of the animal.
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24 | (c) A record of vaccinations and veterinary care and | ||||||
25 | treatment.
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1 | (d) A record of surgical sterilization or lack of | ||||||
2 | surgical sterilization.
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3 | (e) The name and address of the breeder of the animal.
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4 | (f) The name and address of any other person who owned | ||||||
5 | or harbored the
animal between its birth and the point of | ||||||
6 | sale.
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7 | (g) Documentation that indicates that the dog or cat | ||||||
8 | has been microchipped and the microchip has been enrolled | ||||||
9 | in a nationally searchable database. | ||||||
10 | (Source: P.A. 100-322, eff. 8-24-17.)".
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