Full Text of SB2380 100th General Assembly
SB2380sam003 100TH GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 4/11/2018
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| 1 | | AMENDMENT TO SENATE BILL 2380
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2380 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Animal Welfare Act is amended by changing | 5 | | Sections 2, 3.2, 3.4, 3.6, and 7 and by adding Section 7.1 as | 6 | | follows:
| 7 | | (225 ILCS 605/2) (from Ch. 8, par. 302)
| 8 | | Sec. 2. Definitions. As used in this Act unless the context | 9 | | otherwise
requires:
| 10 | | "Department" means the Illinois Department of Agriculture.
| 11 | | "Director" means the Director of the Illinois Department of | 12 | | Agriculture.
| 13 | | "Pet shop operator" means any person who sells, offers to | 14 | | sell,
exchange, or offers for adoption with or without charge | 15 | | or donation dogs,
cats, birds, fish, reptiles, or other animals | 16 | | customarily obtained as pets
in this State. However, a person |
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| 1 | | who sells only such animals that he has
produced and raised | 2 | | shall not be considered a pet shop operator under this
Act, and | 3 | | a veterinary hospital or clinic operated by a veterinarian or
| 4 | | veterinarians licensed under the Veterinary Medicine and | 5 | | Surgery Practice
Act of 2004 shall not be considered a pet shop | 6 | | operator under this
Act.
| 7 | | "Dog dealer" means any person who sells, offers to sell, | 8 | | exchange, or
offers for adoption with or without charge or | 9 | | donation dogs in this State.
However, a person who sells only | 10 | | dogs that he has produced and raised shall
not be considered a | 11 | | dog dealer under this Act, and a veterinary hospital or
clinic | 12 | | operated by a veterinarian or veterinarians licensed under the
| 13 | | Veterinary Medicine and Surgery Practice Act of 2004
shall not | 14 | | be considered a dog dealer under this Act.
| 15 | | "Secretary of Agriculture" or "Secretary" means the | 16 | | Secretary of
Agriculture of the United States Department of | 17 | | Agriculture.
| 18 | | "Person" means any person, firm, corporation, partnership, | 19 | | association
or other legal entity, any public or private | 20 | | institution, the State of
Illinois, or any municipal | 21 | | corporation or political subdivision of the
State.
| 22 | | "Kennel operator" means any person who operates an | 23 | | establishment, other
than an animal control facility, | 24 | | veterinary hospital, or animal
shelter, where dogs or dogs and | 25 | | cats are maintained
for boarding, training or similar purposes | 26 | | for a fee or compensation; or
who sells, offers to sell, |
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| 1 | | exchange, or offers for adoption with or without
charge dogs or | 2 | | dogs and cats which he has produced and raised. A person who
| 3 | | owns, has possession of, or harbors 5 or less
females capable | 4 | | of reproduction shall not be considered a kennel
operator.
| 5 | | "Cattery operator" means any person who operates an | 6 | | establishment, other
than an animal control facility or animal
| 7 | | shelter, where cats are maintained for boarding,
training or | 8 | | similar purposes for a fee or compensation; or who sells,
| 9 | | offers to sell, exchange, or offers for adoption with or | 10 | | without charges
cats which he has produced and raised. A person | 11 | | who owns, has possession
of, or harbors 5 or
less females | 12 | | capable of reproduction shall not be considered a
cattery | 13 | | operator.
| 14 | | "Animal control facility" means any facility operated by or
| 15 | | under contract for the State,
county, or any municipal | 16 | | corporation or political subdivision of the State
for the | 17 | | purpose of impounding or harboring seized, stray, homeless,
| 18 | | abandoned or unwanted dogs, cats, and other animals. "Animal | 19 | | control
facility" also means any
veterinary hospital or clinic | 20 | | operated by a veterinarian or veterinarians
licensed under the | 21 | | Veterinary Medicine and Surgery Practice Act of 2004 which
| 22 | | operates for the above mentioned purpose in addition to its | 23 | | customary purposes.
| 24 | | "Animal shelter" means a facility operated, owned, or | 25 | | maintained by a duly
incorporated humane society, animal | 26 | | welfare society, or other non-profit
organization for the |
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| 1 | | purpose of providing for and promoting the welfare,
protection, | 2 | | and humane treatment of animals. "Animal shelter" also means | 3 | | any
veterinary hospital or clinic operated by a veterinarian or | 4 | | veterinarians
licensed under the Veterinary Medicine and | 5 | | Surgery Practice Act of 2004 which
operates for the above | 6 | | mentioned purpose in addition to its customary purposes.
| 7 | | "Foster home" means an entity that accepts the | 8 | | responsibility for
stewardship of animals that are the | 9 | | obligation of an animal shelter or animal control facility , not | 10 | | to
exceed 4 animals at any given time. Permits to operate as a | 11 | | "foster home"
shall be issued through the animal shelter or | 12 | | animal control facility .
| 13 | | "Guard dog service" means an entity that, for a fee, | 14 | | furnishes or leases
guard or sentry dogs for the protection of | 15 | | life or property. A person
is not a guard dog service solely | 16 | | because he or she owns a dog and uses it to
guard his or her | 17 | | home, business, or farmland.
| 18 | | "Guard dog" means a type of dog used primarily for the | 19 | | purpose of defending,
patrolling, or protecting property or | 20 | | life at a commercial establishment
other than a farm. "Guard | 21 | | dog" does not include stock dogs used primarily for
handling | 22 | | and controlling livestock or farm animals, nor does it include
| 23 | | personally owned pets that also provide security.
| 24 | | "Sentry dog" means a dog trained to work without | 25 | | supervision in a fenced
facility other than a farm, and to | 26 | | deter or detain unauthorized persons found
within the facility.
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| 1 | | "Probationary status" means the 12-month period following | 2 | | a series of violations of this Act during which any further | 3 | | violation shall result in an automatic 12-month suspension of | 4 | | licensure.
| 5 | | "Owner" means any person having a right of property in an | 6 | | animal, who keeps or harbors an animal, who has an animal in | 7 | | his or her care or acts as its custodian, or who knowingly | 8 | | permits a dog to remain on any premises occupied by him or her. | 9 | | "Owner" does not include a feral cat caretaker participating in | 10 | | a trap, spay/neuter, return or release program. | 11 | | (Source: P.A. 99-310, eff. 1-1-16 .)
| 12 | | (225 ILCS 605/3.2)
| 13 | | Sec. 3.2. Foster homes. A person shall not operate a foster | 14 | | home without
first obtaining a permit from the animal shelter | 15 | | or animal control facility for which that person will
operate | 16 | | the foster home. Upon application and payment of the required | 17 | | fees by
the animal shelter, the Department shall issue foster | 18 | | home permits to the
animal shelter. The animal shelter shall be | 19 | | responsible for the records and
have all the obligations of | 20 | | stewardship for animals in the foster homes to
which it issues | 21 | | permits.
| 22 | | Foster homes shall provide the care for animals
required by | 23 | | this Act and shall report any deviation that might affect the
| 24 | | status of the license or permit to the animal shelter.
| 25 | | A foster home shall not care for more than 4 animals at any |
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| 1 | | one time.
| 2 | | (Source: P.A. 89-178, eff. 7-19-95.)
| 3 | | (225 ILCS 605/3.4) | 4 | | Sec. 3.4. Transfer of animals between shelters. An animal | 5 | | shelter or animal control facility may not release any animal | 6 | | to an individual representing an animal shelter or animal | 7 | | control facility , unless (1) the recipient animal shelter or | 8 | | animal control facility has been licensed or has a foster care | 9 | | permit issued by the Department or (2) the individual is a | 10 | | representative of a not-for-profit, out-of-State organization | 11 | | or out-of-State animal control facility or animal shelter who | 12 | | is transferring the animal out of the State of Illinois.
| 13 | | (Source: P.A. 99-310, eff. 1-1-16 .) | 14 | | (225 ILCS 605/3.6) | 15 | | Sec. 3.6. Acceptance of stray dogs and cats. | 16 | | (a) No animal shelter may accept a stray dog or cat unless | 17 | | the animal is reported by the shelter to the animal control or | 18 | | law enforcement of the county in which the animal is found by | 19 | | the next business day. An animal shelter may accept animals | 20 | | from: (1) the owner of the animal where the owner signs a | 21 | | relinquishment form which states he or she is the owner of the | 22 | | animal; (2) an animal shelter licensed under this Act; or (3) | 23 | | an out-of-state animal control facility, rescue group, or | 24 | | animal shelter that is duly licensed in their state or is a |
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| 1 | | not-for-profit organization. | 2 | | (b) When stray dogs and cats are accepted by an animal | 3 | | shelter, they must be scanned for the presence of a microchip | 4 | | and examined for other currently-acceptable methods of | 5 | | identification, including, but not limited to, identification | 6 | | tags, tattoos, and rabies license tags. The examination for | 7 | | identification shall be done within 24 hours after the intake | 8 | | of each dog or cat. The animal shelter shall notify the owner | 9 | | and transfer any dog with an identified owner to the animal | 10 | | control or law enforcement agency in the jurisdiction in which | 11 | | it was found or the local animal control agency for redemption. | 12 | | (c) If no transfer can occur, the animal shelter shall make | 13 | | every reasonable attempt to contact the owner, agent, or | 14 | | caretaker as soon as possible. The animal shelter shall give | 15 | | notice of not less than 7 business days to the owner, agent, or | 16 | | caretaker prior to disposal of the animal. The notice shall be | 17 | | mailed to the last known address of the owner, agent, or | 18 | | caretaker. Testimony of the animal shelter, or its authorized | 19 | | agent, who mails the notice shall be evidence of the receipt of | 20 | | the notice by the owner, agent, or caretaker of the animal. A | 21 | | mailed notice shall remain the primary means of owner, agent, | 22 | | or caretaker contact; however, the animal shelter shall also | 23 | | attempt to contact the owner, agent, or caretaker by any other | 24 | | contact information, such as by telephone or email address, | 25 | | provided by the microchip or other method of identification | 26 | | found on the dog or cat. If the dog or cat has been |
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| 1 | | microchipped and the primary contact listed by the chip | 2 | | manufacturer cannot be located or refuses to reclaim the dog or | 3 | | cat, an attempt shall be made to contact any secondary contacts | 4 | | listed by the chip manufacturer or the purchaser of the | 5 | | microchip if the purchaser is a nonprofit organization, animal | 6 | | shelter, animal control facility, pet store, or veterinary | 7 | | office prior to adoption, transfer, or euthanization. Prior to | 8 | | transferring any stray dog or cat to another humane shelter, | 9 | | pet store, rescue group, or euthanization, the dog or cat shall | 10 | | be scanned again for the presence of a microchip and examined | 11 | | for other means of identification. If a second scan provides | 12 | | the same identifying information as the initial intake scan and | 13 | | the owner, agent, or caretaker has not been located or refuses | 14 | | to reclaim the dog or cat, the animal shelter may proceed with | 15 | | adoption, transfer, or euthanization. | 16 | | (d) When stray dogs and cats are accepted by an animal | 17 | | shelter and no owner can be identified, the shelter shall hold | 18 | | the animal for the period specified in local ordinance prior to | 19 | | adoption, transfer, or euthanasia. The animal shelter shall | 20 | | allow access to the public to view the animals housed there. If | 21 | | a dog is identified by an owner who desires to make redemption | 22 | | of it, the dog shall be transferred to the local animal control | 23 | | for redemption. If no transfer can occur, the animal shelter | 24 | | shall proceed pursuant to Section 3.7. Upon lapse of the hold | 25 | | period specified in local ordinance and no owner can be | 26 | | identified, ownership of the animal, by operation of law, |
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| 1 | | transfers to the shelter that has custody of the animal. | 2 | | (e) No representative of an animal shelter may enter | 3 | | private property and remove an animal without permission from | 4 | | the property owner and animal owner, nor can any representative | 5 | | of an animal shelter direct another individual to enter private | 6 | | property and remove an animal unless that individual is an | 7 | | approved humane investigator (approved by the Department) | 8 | | operating pursuant to the provisions of the Humane Care for | 9 | | Animals Act. | 10 | | (f) Nothing in this Section limits an animal shelter and an | 11 | | animal control facility who, through mutual agreement, wish to | 12 | | enter into an agreement for animal control, boarding, holding, | 13 | | measures to improve life-saving, or other services provided | 14 | | that the agreement requires parties adhere to the provisions of | 15 | | the Animal Control Act, the Humane Euthanasia in Animal | 16 | | Shelters Act, and the Humane Care for Animals Act.
| 17 | | (Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17.)
| 18 | | (225 ILCS 605/7) (from Ch. 8, par. 307)
| 19 | | Sec. 7.
Applications for renewal licenses shall be made to | 20 | | the
Department in a manner , shall be in writing on forms | 21 | | prescribed by the
Department, shall contain such information as | 22 | | will enable the Department
to determine if the applicant is | 23 | | qualified to continue to hold a license , shall report intake | 24 | | and outcome statistics from the previous calendar year, and | 25 | | shall be accompanied by the required fee, which shall not be
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| 1 | | returnable. The report of intake and outcome statistics shall | 2 | | include the following:
| 3 | | (1) The total number of dogs, cats and other animals, | 4 | | divided into species, taken in by the animal shelter or animal | 5 | | control facility, in the following categories: | 6 | | (A) surrendered by owner; | 7 | | (B) stray; | 8 | | (C) impounded; | 9 | | (D) confiscated; | 10 | | (E) transfer from other licensees within the State; | 11 | | (F) transferred into or imported from out of the state; | 12 | | (G) transferred into or imported from outside the | 13 | | country; and | 14 | | (H) born in shelter. | 15 | | (2) The disposition of all dogs, cats, and other animals | 16 | | taken in by the animal shelter or animal control facility, | 17 | | divided into species. This data must include dispositions by: | 18 | | (A) reclamation by owner; | 19 | | (B) adopted or sold; | 20 | | (C) euthanized; | 21 | | (D) euthanized per request of the owner; | 22 | | (E) died in custody; | 23 | | (F) transferred to another licensee; | 24 | | (G) transferred to an out-of-State nonprofit agency; | 25 | | (H) animals missing, stolen, or escaped; | 26 | | (I) animals released in field; trapped, neutered, |
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| 1 | | released; and | 2 | | (J) ending inventory; shelter count at end of the last | 3 | | day of the year. | 4 | | The Department shall not be required to audit or validate | 5 | | the intake and outcome statistics required to be submitted | 6 | | under this Section. | 7 | | (Source: P.A. 81-198.)
| 8 | | (225 ILCS 605/7.1 new) | 9 | | Sec. 7.1. Department reporting. The Department shall post | 10 | | on its website the name and address of each licensed animal | 11 | | control facility or animal shelter and all the reported intake | 12 | | and outcome statistics required under paragraphs (1) and (2) of | 13 | | Section 7 of this Act by December 31, 2020 and by December 31 | 14 | | of each year thereafter. | 15 | | Section 10. The Animal Control Act is amended by changing | 16 | | Sections 5 and 11 as follows:
| 17 | | (510 ILCS 5/5) (from Ch. 8, par. 355)
| 18 | | Sec. 5. Duties and powers.
| 19 | | (a) It shall be the duty of the Administrator or the Deputy
| 20 | | Administrator, through sterilization,
humane education, rabies
| 21 | | inoculation, stray control, impoundment, quarantine, and any | 22 | | other means deemed
necessary, to control and prevent the spread | 23 | | of rabies and
to exercise dog and cat overpopulation control. |
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| 1 | | It
shall
also be the duty of the Administrator to investigate | 2 | | and substantiate all
claims made under Section 19 of this Act. | 3 | | The duty may include return, adoption, transfer to rescues or | 4 | | other animal shelters, and any other means of ensuring live | 5 | | outcomes of homeless dogs and cats and through sterilization, | 6 | | community outreach, impoundment of pets at risk and any other | 7 | | humane means deemed necessary to address strays and ensure live | 8 | | outcomes for dogs and cats that are not a danger to the | 9 | | community or suffering irremediably.
| 10 | | (b) Counties may by ordinance determine the extent of the | 11 | | police powers
that may be exercised by the Administrator, | 12 | | Deputy Administrators, and Animal
Control Wardens, which
| 13 | | powers shall pertain only to this Act. The Administrator, | 14 | | Deputy
Administrators, and Animal Control Wardens may issue and | 15 | | serve citations and
orders for violations of
this Act. The
| 16 | | Administrator, Deputy Administrators, and Animal Control | 17 | | Wardens may not
carry weapons unless they have been
| 18 | | specifically authorized to carry weapons by county ordinance. | 19 | | Animal Control
Wardens, however, may use tranquilizer guns and | 20 | | other nonlethal weapons and
equipment without specific
weapons | 21 | | authorization.
| 22 | | A person authorized to carry firearms by county ordinance | 23 | | under this
subsection must have completed the training course | 24 | | for peace officers
prescribed in the Peace Officer and | 25 | | Probation Officer Firearm Training Act. The cost of this
| 26 | | training
shall be paid by the county.
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| 1 | | (c) The sheriff and all sheriff's deputies and municipal
| 2 | | police officers shall cooperate with the Administrator and his | 3 | | or her
representatives in carrying out the
provisions of this | 4 | | Act.
| 5 | | (d) The Administrator and animal control wardens shall aid | 6 | | in the enforcement of the Humane Care for Animals Act and have | 7 | | the ability to impound animals and apply for security posting | 8 | | for violation of that Act.
| 9 | | (Source: P.A. 98-725, eff. 1-1-15 .)
| 10 | | (510 ILCS 5/11) (from Ch. 8, par. 361)
| 11 | | Sec. 11. When not redeemed by the owner, agent, or | 12 | | caretaker, a dog or cat must be scanned for a microchip. If a | 13 | | microchip is present, the registered owner or chip purchaser if | 14 | | the purchaser was a nonprofit organization, animal shelter, | 15 | | animal control facility, pet store, or veterinary office must | 16 | | be notified. After contact has been made or attempted, dogs or | 17 | | cats deemed adoptable by the animal control facility shall be | 18 | | offered for adoption, or made available to a licensed humane | 19 | | society or rescue group. If no placement is available, the | 20 | | animal may it shall be
humanely dispatched pursuant to the | 21 | | Humane Euthanasia in Animal Shelters
Act. An animal pound
or | 22 | | animal shelter shall not adopt or release any dog or cat to | 23 | | anyone other than the owner unless the animal has been rendered | 24 | | incapable of
reproduction
and microchipped, or the person | 25 | | wishing to adopt
an animal prior
to the surgical procedures |
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| 1 | | having been performed shall have executed a written
agreement | 2 | | promising to have such service performed, including
| 3 | | microchipping, within
a specified period
of time not to exceed | 4 | | 30 days. Failure to fulfill the terms of the
agreement shall | 5 | | result in
seizure and impoundment of the animal and any | 6 | | offspring by the animal pound or shelter, and
any monies which | 7 | | have been deposited shall be forfeited and submitted to the | 8 | | county Pet Population Control Fund on a yearly basis. This Act | 9 | | shall not
prevent humane societies or animal shelters from | 10 | | engaging in activities set forth by their
charters; provided, | 11 | | they are not inconsistent with provisions of this Act
and other | 12 | | existing laws. No animal shelter or animal control facility | 13 | | shall
release dogs or cats to an individual representing a | 14 | | rescue group, unless the
group has been licensed or has a | 15 | | foster care permit issued by the Illinois Department of | 16 | | Agriculture or
is a representative of a not-for-profit | 17 | | out-of-state organization , animal shelter, or animal control | 18 | | facility . The Department may suspend or
revoke the license of
| 19 | | any animal shelter or animal control facility that fails to | 20 | | comply with the
requirements set forth in this Section or that | 21 | | fails to report its intake and euthanasia statistics each year.
| 22 | | (Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08 .)".
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