Full Text of HB5246 100th General Assembly
HB5246 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5246 Introduced , by Rep. Sara Wojcicki Jimenez SYNOPSIS AS INTRODUCED: |
| 225 ILCS 605/2 | from Ch. 8, par. 302 | 225 ILCS 605/2.2 | from Ch. 8, par. 302.2 | 225 ILCS 605/3 | from Ch. 8, par. 303 | 225 ILCS 605/3.1 | from Ch. 8, par. 303.1 |
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Amends the Animal Welfare Act. Provides that a person who sells, offers to sell, exchanges, or offers for adoption with or without charge cats that he or she has produced and raised, except for a person who owns, has possession of, or harbors 5 or less females capable of reproduction, is a cat breeder (rather than a kennel operator). Provides that a person who sells, offers to sell, exchanges, or offers for adoption with or without charge dogs that he or she has produced and raised, except for a person who owns, has possession of, or harbors 5 or less females capable of reproduction, is a dog breeder (rather than a kennel operator). Removes the definition of "cattery operator". Defines "day care operator". Makes provisions currently applicable to kennel operators and cattery operators applicable to dog breeders, cat breeders, and day care operators.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Animal Welfare Act is amended by changing | 5 | | Sections 2, 2.2, 3, and 3.1 as follows:
| 6 | | (225 ILCS 605/2) (from Ch. 8, par. 302)
| 7 | | Sec. 2. Definitions. As used in this Act unless the context | 8 | | otherwise
requires:
| 9 | | "Department" means the Illinois Department of Agriculture.
| 10 | | "Director" means the Director of the Illinois Department of | 11 | | Agriculture.
| 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 | 17 | | shall not be considered a pet shop operator under this
Act, and | 18 | | a veterinary hospital or clinic operated by a veterinarian or
| 19 | | veterinarians licensed under the Veterinary Medicine and | 20 | | Surgery Practice
Act of 2004 shall not be considered a pet shop | 21 | | operator under this
Act.
| 22 | | "Dog dealer" means any person who sells, offers to sell, | 23 | | exchange, or
offers for adoption with or without charge or |
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| 1 | | donation dogs in this State.
However, a person who sells only | 2 | | dogs that he has produced and raised shall
not be considered a | 3 | | dog dealer under this Act, and a veterinary hospital or
clinic | 4 | | operated by a veterinarian or veterinarians licensed under the
| 5 | | Veterinary Medicine and Surgery Practice Act of 2004
shall not | 6 | | be considered a dog dealer under this Act.
| 7 | | "Secretary of Agriculture" or "Secretary" means the | 8 | | Secretary of
Agriculture of the United States Department of | 9 | | Agriculture.
| 10 | | "Person" means any person, firm, corporation, partnership, | 11 | | association
or other legal entity, any public or private | 12 | | institution, the State of
Illinois, or any municipal | 13 | | corporation or political subdivision of the
State.
| 14 | | "Kennel operator" means any person who operates an | 15 | | establishment, other
than an animal control facility, | 16 | | veterinary hospital, or animal
shelter, where dogs or dogs and | 17 | | cats are maintained
for boarding, training or similar purposes | 18 | | for a fee or compensation ; or
who sells, offers to sell, | 19 | | exchange, or offers for adoption with or without
charge dogs or | 20 | | dogs and cats which he has produced and raised. A person who
| 21 | | owns, has possession of, or harbors 5 or less
females capable | 22 | | of reproduction shall not be considered a kennel
operator .
| 23 | | "Boarding" means a time frame greater than 12 hours or an | 24 | | overnight period during which an animal is kept by a kennel | 25 | | operator. | 26 | | "Cat breeder" means a person who sells, offers to sell, |
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| 1 | | exchanges, or offers for adoption with or without charge cats | 2 | | that he or she has produced and raised. A person who owns, has | 3 | | possession of, or harbors 5 or less females capable of | 4 | | reproduction shall not be considered a cat breeder. | 5 | | "Dog breeder" means a person who sells, offers to sell, | 6 | | exchanges, or offers for adoption with or without charge dogs | 7 | | that he has produced and raised. A person who owns, has | 8 | | possession of, or harbors 5 or less females capable of | 9 | | reproduction shall not be considered a dog breeder. | 10 | | "Cattery operator" means any person who operates an | 11 | | establishment, other
than an animal control facility or animal
| 12 | | shelter, where cats are maintained for boarding,
training or | 13 | | similar purposes for a fee or compensation; or who sells,
| 14 | | offers to sell, exchange, or offers for adoption with or | 15 | | without charges
cats which he has produced and raised. A person | 16 | | who owns, has possession
of, or harbors 5 or
less females | 17 | | capable of reproduction shall not be considered a
cattery | 18 | | operator.
| 19 | | "Animal control facility" means any facility operated by or
| 20 | | under contract for the State,
county, or any municipal | 21 | | corporation or political subdivision of the State
for the | 22 | | purpose of impounding or harboring seized, stray, homeless,
| 23 | | abandoned or unwanted dogs, cats, and other animals. "Animal | 24 | | control
facility" also means any
veterinary hospital or clinic | 25 | | operated by a veterinarian or veterinarians
licensed under the | 26 | | Veterinary Medicine and Surgery Practice Act of 2004 which
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| 1 | | operates for the above mentioned purpose in addition to its | 2 | | customary purposes.
| 3 | | "Animal shelter" means a facility operated, owned, or | 4 | | maintained by a duly
incorporated humane society, animal | 5 | | welfare society, or other non-profit
organization for the | 6 | | purpose of providing for and promoting the welfare,
protection, | 7 | | and humane treatment of animals. "Animal shelter" also means | 8 | | any
veterinary hospital or clinic operated by a veterinarian or | 9 | | veterinarians
licensed under the Veterinary Medicine and | 10 | | Surgery Practice Act of 2004 which
operates for the above | 11 | | mentioned purpose in addition to its customary purposes.
| 12 | | "Day care operator" means a person who operates an | 13 | | establishment, other than an animal control facility, | 14 | | veterinary hospital, or animal shelter, where dogs or dogs and | 15 | | cats are kept for a period of time not exceeding 12 hours. | 16 | | "Foster home" means an entity that accepts the | 17 | | responsibility for
stewardship of animals that are the | 18 | | obligation of an animal shelter, not to
exceed 4 animals at any | 19 | | given time. Permits to operate as a "foster home"
shall be | 20 | | issued through the animal shelter.
| 21 | | "Guard dog service" means an entity that, for a fee, | 22 | | furnishes or leases
guard or sentry dogs for the protection of | 23 | | life or property. A person
is not a guard dog service solely | 24 | | because he or she owns a dog and uses it to
guard his or her | 25 | | home, business, or farmland.
| 26 | | "Guard dog" means a type of dog used primarily for the |
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| 1 | | purpose of defending,
patrolling, or protecting property or | 2 | | life at a commercial establishment
other than a farm. "Guard | 3 | | dog" does not include stock dogs used primarily for
handling | 4 | | and controlling livestock or farm animals, nor does it include
| 5 | | personally owned pets that also provide security.
| 6 | | "Sentry dog" means a dog trained to work without | 7 | | supervision in a fenced
facility other than a farm, and to | 8 | | deter or detain unauthorized persons found
within the facility.
| 9 | | "Probationary status" means the 12-month period following | 10 | | a series of violations of this Act during which any further | 11 | | violation shall result in an automatic 12-month suspension of | 12 | | licensure.
| 13 | | "Owner" means any person having a right of property in an | 14 | | animal, who keeps or harbors an animal, who has an animal in | 15 | | his or her care or acts as its custodian, or who knowingly | 16 | | permits a dog to remain on any premises occupied by him or her. | 17 | | "Owner" does not include a feral cat caretaker participating in | 18 | | a trap, spay/neuter, return or release program. | 19 | | (Source: P.A. 99-310, eff. 1-1-16 .)
| 20 | | (225 ILCS 605/2.2) (from Ch. 8, par. 302.2)
| 21 | | Sec. 2.2.
No dog dealer, dog breeder, or cat breeder kennel | 22 | | operator, or cattery operator shall
separate a puppy or kitten | 23 | | from its mother, for the
purpose of sale, until such puppy or | 24 | | kitten has attained the age of 8
weeks.
| 25 | | All licensees under this Act shall maintain records of
the |
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| 1 | | origin and sale of all dogs, and such records shall be made | 2 | | available for
inspection by the Secretary or the Department | 3 | | upon demand. Such records
must contain proof in proper form of | 4 | | purebreds and their pedigree, and evidence
of such proof must | 5 | | be provided to any person acquiring a dog from a licensee
under | 6 | | this Act. In addition, guard dog services shall be
required to | 7 | | maintain records of transfer of ownership, death, or | 8 | | disappearance
of a guard dog or sentry dog used by that guard | 9 | | dog service.
| 10 | | (Source: P.A. 89-178, eff. 7-19-95.)
| 11 | | (225 ILCS 605/3) (from Ch. 8, par. 303)
| 12 | | Sec. 3. (a) Except as provided in subsection (b) of this | 13 | | Section, no person shall engage in business as a pet shop | 14 | | operator, dog
dealer, kennel operator, day care operator, dog | 15 | | breeder, or cat breeder cattery operator,
or operate a guard | 16 | | dog service, an animal control
facility , or animal shelter , or
| 17 | | any combination thereof, in this State without a license | 18 | | therefor issued by
the Department. Only one license shall be | 19 | | required for any combination of
businesses at one location, | 20 | | except that a separate license shall be required
to operate a | 21 | | guard dog service. Guard dog services that are located outside
| 22 | | this State but provide services within this State are required | 23 | | to obtain a
license from the Department. Out-of-state guard dog | 24 | | services are required to
comply with the requirements of this | 25 | | Act with regard to guard dogs and sentry
dogs transported to or |
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| 1 | | used within this State.
| 2 | | (b) This Act does not apply to a private detective agency | 3 | | or private security agency licensed under the Private | 4 | | Detective, Private Alarm, Private Security, Fingerprint | 5 | | Vendor, and
Locksmith Act of 2004 that provides guard dog or | 6 | | canine odor detection services and does not otherwise operate a | 7 | | kennel for hire.
| 8 | | (Source: P.A. 95-613, eff. 9-11-07.)
| 9 | | (225 ILCS 605/3.1) (from Ch. 8, par. 303.1)
| 10 | | Sec. 3.1. Information on dogs and cats for sale by a dog | 11 | | dealer , dog breeder, or cat breeder or cattery operator . Every | 12 | | dog dealer , dog breeder, and cat breeder and cattery operator | 13 | | shall provide the following
information for every dog or cat | 14 | | available for sale:
| 15 | | (a) The age, sex, and weight of the animal.
| 16 | | (b) The breed of the animal.
| 17 | | (c) A record of vaccinations and veterinary care and | 18 | | treatment.
| 19 | | (d) A record of surgical sterilization or lack of | 20 | | surgical sterilization.
| 21 | | (e) The name and address of the breeder of the animal.
| 22 | | (f) The name and address of any other person who owned | 23 | | or harbored the
animal between its birth and the point of | 24 | | sale.
| 25 | | (g) Documentation that indicates that the dog or cat |
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| 1 | | has been microchipped and the microchip has been enrolled | 2 | | in a nationally searchable database. | 3 | | (Source: P.A. 100-322, eff. 8-24-17.)
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