HB2924 98TH GENERAL ASSEMBLY

LRB098 10417 CEL 40622 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2924

Introduced , by Rep. Laura Fine

SYNOPSIS AS INTRODUCED:

See Index

Amends the Animal Welfare Act. Defines "animal", "animal rescue group", "kill shelter", "no kill", "guardian", "pet", "biological supply facility", and "medical necessity". Requires certain disclosures to be made by animal shelters, animal control facilities, and animal rescue groups. Provides that any guardian who has brought his or her pet to an animal shelter, animal control facility, or animal rescue group may redeem the pet if the animal shelter, animal control facility, or animal rescue group decides that the pet is not adoptable and shall be put down for reasons other than medical necessity. Authorizes the Department of Agriculture to issue fines for violation of the Act. Provides that injunctive relief shall be available to correct violations of the Act. Classifies individuals with standing to bring a civil suit against animal shelters, animal control facilities, and animal rescue groups and provides that a pet owner, guardian, or person who is successful in obtaining a judgment or a settlement shall be entitled to reasonable attorney's fees. Makes corresponding changes to provisions concerning licensing of certain animal businesses; adoption of dogs and cats; release of animals to shelters; and information on dogs and cats available for adoption by an animal shelter or animal control facility.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulations.

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, 3.3, 3.4, and 3.5 and by adding Sections 3.6, 20.6, 20.7, 20.8, 20.9, and 21.5 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" means any bird, fish, reptile, dog, cat, or mammal other than man.

"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.

"Animal rescue group" means any organization that represents that it saves or rescues animals and locates a home, temporary or otherwise, for the animals it rescues.

"Kill shelter" means an animal shelter, animal rescue group, or animal control facility that euthanizes animals for any reason other than medical necessity or transfers animals to any other animal shelter, animal control facility, animal rescue group, biological supply facility, or research lab facility where animals may be euthanized for any reason other than medical necessity or used for experiments or research.

"No kill" means an animal shelter, animal rescue group, or animal control facility that does not euthanize animals except for medical necessity and does not transfer the animal to any other animal shelter, animal control facility, animal rescue group, biological supply facility, or research lab facility where animals may be euthanized for any reason other than medical necessity or used for experiments or research. To qualify as a "no kill" facility, the annual rate of euthanasia for all animals cannot exceed 5%.

"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.

"Guardian" means any person or other legal entity having a right of property in an animal, who keeps or harbors any animal, or who has an animal in his care or custody and who surrenders the animal to an animal shelter, animal control facility, or animal rescue group.

"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.

"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.

"Pet" means any animal kept as a companion or any animal that has an "owner" as defined by the Animal Control Act.

"Biological supply facility" includes any blood bank, laboratory, firm, association, corporation, copartnership, or educational institution that sells biological materials such as blood or animals, either alive or dead, to research facilities, educational institutions, or veterinarians.

"Medical necessity" means euthanasia administered by a veterinarian, who after exercising prudent clinical judgment, evaluation, and diagnosis, deems that the suffering of the animal may not be alleviated by any further treatment of illness, injury, disease, or symptoms.

(Source: P.A. 95-550, eff. 6-1-08.)

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

Sec. 3. (a) Except as provided in subsection (b) of this Section, no person shall engage in business as a pet shop operator, dog dealer, kennel operator, cattery operator, or operate a guard dog service, an animal control facility, animal rescue group, 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.

(b) This Act does not apply to a private detective agency or private security agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 that provides guard dog or canine odor detection services and does not otherwise operate a kennel for hire.

(Source: P.A. 95-613, eff. 9-11-07.)

(225 ILCS 605/3.3)

Sec. 3.3. Adoption of dogs and cats.

(a) An animal shelter, animal rescue group, or animal control facility shall not adopt out any dog or cat unless it has been sterilized and microchipped. However, an animal shelter, animal rescue group, or animal control facility may adopt out a dog or cat that has not been sterilized and microchipped if:

(1) the adopting owner has executed a written agreement agreeing to have sterilizing and microchipping procedures performed on the animal to be adopted within a specified period of time not to exceed 30 days after the date of the adoption, or

(2) the adopting owner has executed a written agreement to have sterilizing and microchipping procedures performed within 14 days after a licensed veterinarian certifies the dog or cat is healthy enough for sterilizing and microchipping procedures, and a licensed veterinarian has certified that the dog or cat is too sick or injured to be sterilized or it would be detrimental to the health of the dog or cat to be sterilized or microchipped at the time of the adoption.

(b) An animal shelter, animal rescue group, or animal control facility may adopt out any dog or cat that is not free of disease, injury, or abnormality if the disease, injury, or abnormality is disclosed in writing to the adopter, and the animal shelter, animal rescue group, or animal control facility allows the adopter to return the animal to the animal shelter or animal control facility.

(c) The requirements of subsections (a) and (b) of this Section do not apply to adoptions subject to Section 11 of the Animal Control Act.

(Source: P.A. 96-314, eff. 8-11-09.)

(225 ILCS 605/3.4)

Sec. 3.4. Release of animals to shelters. An animal shelter, animal rescue group, or animal control facility may not release any animal to an individual representing an animal shelter, unless the recipient animal shelter has been licensed or has a foster care permit issued by the Department or the individual is a representative of a not-for-profit, out-of-State organization.

(Source: P.A. 96-314, eff. 8-11-09.)

(225 ILCS 605/3.5)

Sec. 3.5. Information on dogs and cats available for adoption by an animal shelter, animal rescue group, or animal control facility.

(a) An animal shelter, animal rescue group, or animal control facility must provide to the adopter prior to the time of adoption the following information, to the best of its knowledge, on any dog or cat being offered for adoption:

(1) The breed, age, date of birth, sex, and color of the dog or cat if known, or if unknown, the animal shelter or animal control facility shall estimate to the best of its ability.

(2) The details of any inoculation or medical treatment that the dog or cat received while under the possession of the animal shelter or animal control facility.

(3) The adoption fee and any additional fees or charges.

(4) If the dog or cat was returned by an adopter, then the date and reason for the return.

(5) The following written statement: "A copy of our policy regarding warranties, refunds, or returns is available upon request.".

(6) The license number of the animal shelter or animal control facility issued by the Illinois Department of Agriculture.

(b) The information required in subsection (a) shall be provided to the adopter in written form by the animal shelter, animal rescue group, or animal control facility and shall have an acknowledgement of disclosures form, which must be signed by the adopter and an authorized representative of the animal shelter, animal rescue group, or animal control facility at the time of the adoption. The acknowledgement of disclosures form shall include the following:

(1) A blank space for the dated signature and printed name of the authorized representative handling the adoption on behalf of the animal shelter or animal control facility, which shall be immediately beneath the following printed statement: "I hereby attest that all of the above information is true and correct to the best of my knowledge.".

(2) A blank space for the dated signature and printed name of the adopter, which shall be immediately beneath the following statement: "I hereby attest that this disclosure was posted on or near the cage of the dog or cat for adoption and that I have read all the disclosures. I further understand that I am entitled to keep a signed copy of this disclosure.".

(c) A copy of the disclosures and the signed acknowledgement of disclosures form shall be provided to the adopter and the original copy shall be maintained by the animal shelter, animal rescue group, or animal control facility for a period of 2 years from the date of adoption. A copy of the animal shelter's or animal control facility's policy regarding warranties, refunds, or returns shall be provided to the adopter.

(d) An animal shelter, animal rescue group, or animal control facility shall post in a conspicuous place in writing on or near the cage of any dog or cat available for adoption the information required by subsection (a) of this Section 3.5.

(Source: P.A. 96-1470, eff. 1-1-11.)

(225 ILCS 605/3.6 new)

Sec. 3.6. Disclosures required.

(a) Every animal shelter, animal control facility, and animal rescue group shall make all of the following disclosures on the first page of their website, on a sign of a type and size specified by the Director in a conspicuous place upon the premises in plain view of the public using the facilities and in every written surrender agreement at the top of the document in bold print with a type size of no less than 24 points the following:

(1) whether the animal shelter, animal control facility, or animal rescue group is a kill shelter or no-kill facility as defined by this Act;

(2) whether the animal shelter, animal control facility, or animal rescue group sells, donates, or otherwise transfers animals, dead or alive, to a biological supply facility or a research lab facility;

(3) the number of all animals taken in, adopted out, and euthanized and the percentage of the animals euthanized (compared to all animals taken in) for the preceding year;

(4) the number of all dogs taken in, adopted out, and euthanized and the percentage of dogs euthanized (compared to all dogs taken in) for the preceding year;

(5) the number of all cats taken in, adopted out, and euthanized and the percentage of cats euthanized (compared to all cats taken in) for the preceding year;

(6) the number of animals that are transferred or sold to other animal shelters, animal control facilities, or animal rescue groups and the percentage of the animals so transferred or sold (compared to all animals taken in) for the preceding year;

(7) the number of animals that died while under the custody of the animal shelter, animal control facility, or animal rescue group as well as the percentage of the animals that died (compared to all animals taken in) for reasons other than euthanasia for the preceding year;

(8) the number of animals sold, donated, or otherwise transferred, dead or alive, to a biological supply facility or a research lab facility for the preceding year; and

(9) a statement indicating that the guardian:

(A) may redeem the pet if the animal shelter, animal control facility, or animal rescue group decide that the pet is not adoptable and will be put down for reasons other than medical necessity,

(B) shall be notified by certified mail, email, and telephone based on the information provided by the guardian in the surrender contract,

(C) has 10 calendar days after the date the notice is mailed to redeem the pet; and

(D) may be responsible for costs incurred by the maintenance of the pet.

The following statement satisfies the requirements of subparagraph (C) of paragraph (9) of this subsection: "You have ten (10) days from the date of this letter to redeem your animal from (insert name of shelter) at (insert physical address and hours of operation of the shelter) or your animal will be euthanized or transferred from this facility.".

(b) Any guardian who has brought his or her pet to an animal shelter, animal control facility, or animal rescue group may redeem the pet if the animal shelter, animal control facility, or animal rescue group decides that the pet is not adoptable and shall be put down for reasons other than medical necessity. The animal shelter, animal control facility, or animal rescue group shall notify by certified mail, email, and telephone based on the information provided by the guardian in the surrender contract of the decision, and the guardian shall have 10 calendar days after the date the notice is mailed to redeem the pet. If the guardian redeems the pet within the time allowed, the animal shelter, animal control facility, or animal rescue group may charge a reasonable fee for maintenance of the pet from the time that the notice is mailed.

(c) In addition to the disclosures required by this Section, a copy of this Act shall be attached to every written surrender agreement entered into by an animal shelter, animal control facility, or animal rescue group.

(d) The disclosures required under this Act shall be considered in compliance with this Act only if they are current within 12 months after being posted or otherwise disseminated.

(225 ILCS 605/20.6 new)

Sec. 20.6. Remedies.

(a) If an animal shelter, animal control facility, or animal rescue group violates any provision of this Act, the Director may, in the name of the People of the State of Illinois and through the Attorney General of the State of Illinois, petition for an order enjoining the violation or an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily or permanently enjoin the violation. If it is established that the animal shelter, animal control facility, animal rescue group, person, or persons has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act, including, but not limited to, the private right of enforcement.

(b) Whenever, in the opinion of the Department, an animal shelter, animal control facility, or animal rescue group violates a provision of this Act, the Department may issue a rule to show cause for why an order to cease and desist should be entered against the animal shelter, animal control facility, or animal rescue group. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days after the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.

(225 ILCS 605/20.7 new)

Sec. 20.7. Sanctions and penalties. Any animal shelter, animal control facility, or animal rescue group found in violation of this Act shall be fined $100 per day for each violation by the Department.

(225 ILCS 605/20.8 new)

Sec. 20.8. Injunctive relief. Injunctive relief shall be available under this Act. The court may, in its discretion, exercise all powers necessary to enforce this Act, including, but not limited to: injunction; revocation, forfeiture, or suspension of any license, charter, franchise, certificate, or other evidence of authority of any person to do business in this State; appointment of a receiver; dissolution of domestic corporations or association suspension or termination of the right of foreign corporations or associations to do business in this State; and restitution.

(225 ILCS 605/20.9 new)

Sec. 20.9. Standing and attorneys fees. Any guardian who has surrendered his or her pet to an animal shelter, animal control facility, or animal rescue group that has violated this Act or any person who has contributed funds in excess of $10 or volunteered time to an animal shelter, animal control facility, or animal rescue group that has violated this Act shall have standing to bring a civil action and enforce all remedies and sanctions under this Act. A pet owner, guardian, or person who is successful in obtaining a judgment or a settlement shall be entitled to reasonable attorney's fees.

(225 ILCS 605/21.5 new)

Sec. 21.5. Home rule. This law shall apply to all animal shelters, animal control facilities, and animal rescue groups operating in the State. This Section is a limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.