Full Text of HB3971 102nd General Assembly
HB3971ham001 102ND GENERAL ASSEMBLY | Rep. Stephanie A. Kifowit Filed: 3/22/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3971
| 2 | | AMENDMENT NO. ______. Amend House Bill 3971 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Animal Welfare Act is amended by changing | 5 | | Section 2 and by adding Sections 21.5, 21.10, 21.15, and 21.20 | 6 | | as follows:
| 7 | | (225 ILCS 605/2) (from Ch. 8, par. 302)
| 8 | | Sec. 2. Definitions. As used in this Act unless the | 9 | | context otherwise
requires:
| 10 | | "Department" means the Illinois Department of Agriculture.
| 11 | | "Director" means the Director of the Illinois Department | 12 | | of 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 | 16 | | animals customarily obtained as pets
in this State. However, a |
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| 1 | | person who sells only such animals that he has
produced and | 2 | | raised shall not be considered a pet shop operator under this
| 3 | | Act, and a veterinary hospital or clinic operated by a | 4 | | veterinarian or
veterinarians licensed under the Veterinary | 5 | | Medicine and Surgery Practice
Act of 2004 shall not be | 6 | | considered a pet shop 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.
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| 1 | | "Boarding" means a time frame greater than 12 hours or an | 2 | | overnight period during which an animal is kept by a kennel | 3 | | operator. | 4 | | "Cat breeder" means a person who sells, offers to sell, | 5 | | exchanges, or offers for adoption with or without charge cats | 6 | | that he or she has produced and raised. A person who owns, has | 7 | | possession of, or harbors 5 or less females capable of | 8 | | reproduction shall not be considered a cat breeder. | 9 | | "Dog breeder" means a person who sells, offers to sell, | 10 | | exchanges, or offers for adoption with or without charge dogs | 11 | | that he has produced and raised. A person who owns, has | 12 | | possession of, or harbors 5 or less females capable of | 13 | | reproduction shall not be considered a dog breeder.
| 14 | | "Animal" means any mammal, bird, fish, or reptile offered | 15 | | for sale, trade, or adoption or for which a service is provided | 16 | | by any person licensed under this Act. | 17 | | "Animal control facility" means any facility operated by | 18 | | or
under contract for the State,
county, or any municipal | 19 | | corporation or political subdivision of the State
for the | 20 | | purpose of impounding or harboring seized, stray, homeless,
| 21 | | abandoned or unwanted dogs, cats, and other animals. "Animal | 22 | | control
facility" also means any
veterinary hospital or clinic | 23 | | operated by a veterinarian or veterinarians
licensed under the | 24 | | Veterinary Medicine and Surgery Practice Act of 2004 which
| 25 | | operates for the above mentioned purpose in addition to its | 26 | | customary purposes.
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| 1 | | "Animal shelter" means a facility operated, owned, or | 2 | | maintained by a duly
incorporated humane society, animal | 3 | | welfare society, or other non-profit
organization for the | 4 | | purpose of providing for and promoting the welfare,
| 5 | | protection, and humane treatment of animals. An organization | 6 | | that does not have its own building that maintains animals | 7 | | solely in foster homes or other licensees is an "animal | 8 | | shelter" for purposes of this Act. "Animal shelter" also means | 9 | | any
veterinary hospital or clinic operated by a veterinarian | 10 | | or veterinarians
licensed under the Veterinary Medicine and | 11 | | Surgery Practice Act of 2004 which
operates for the above | 12 | | mentioned purpose in addition to its customary purposes.
| 13 | | "Day care operator" means a person who operates an | 14 | | establishment, other than an animal control facility, | 15 | | veterinary hospital, or animal shelter, where dogs or dogs and | 16 | | cats are kept for a period of time not exceeding 12 hours. | 17 | | "Enclosure" means the area where a dog or cat is confined. | 18 | | "Enclosure" includes, but is not limited to, cages, whelping | 19 | | boxes, and runs. | 20 | | "Equine shelter" means an animal shelter as defined in | 21 | | this Act that applies only to equines. | 22 | | "Exotic or non-domesticated animals" means mammals, | 23 | | including nonhuman primates, reptiles, and birds that are not | 24 | | native to North America and are not normally maintained | 25 | | livestock (llamas, ratites, cervids, and similar animals are | 26 | | considered livestock under this definition) or native mammals |
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| 1 | | that are not domesticated and normally maintained as pets, | 2 | | including prairie dogs. "Exotic or non-domesticated animals" | 3 | | does not include hamsters, guinea pigs, gerbils, any member of | 4 | | the species felis catus that has been domesticated, or canis | 5 | | familiaris. | 6 | | "Foster home" means an entity that accepts the | 7 | | responsibility for
stewardship of animals that are the | 8 | | obligation of an animal shelter or animal control facility, | 9 | | not to
exceed 4 foster animals or 2 litters under 8 weeks of | 10 | | age at any given time. A written agreement to operate as a | 11 | | "foster home"
shall be contracted with 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 | | "Physical examination" means an examination performed by a | 25 | | licensed veterinarian, where the veterinarian determines the | 26 | | health and fitness of the animal and renders advice and |
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| 1 | | recommendations pursuant to the Veterinary Medicine and | 2 | | Surgery Practice Act of 2004 that shall include at minimum a | 3 | | hands-on examination, including a comprehensive physical | 4 | | examination, dental assessment, body condition scoring, and | 5 | | pain assessment. | 6 | | "Return" in return to field or trap, neuter, return | 7 | | program means to return the cat to field after it has been | 8 | | sterilized and vaccinated for rabies. | 9 | | "Sentry dog" means a dog trained to work without | 10 | | supervision in a fenced
facility other than a farm, and to | 11 | | deter or detain unauthorized persons found
within the | 12 | | facility.
| 13 | | "Probationary status" means the 12-month period following | 14 | | a series of violations of this Act during which any further | 15 | | violation shall result in an automatic 12-month suspension of | 16 | | licensure.
| 17 | | "Owner" means any person having a right of property in an | 18 | | animal, who keeps or harbors an animal, who has an animal in | 19 | | his or her care or acts as its custodian, or who knowingly | 20 | | permits a dog to remain on any premises occupied by him or her. | 21 | | "Owner" does not include a feral cat caretaker participating | 22 | | in a trap, spay/neuter, vaccinate for rabies, and return | 23 | | program. | 24 | | "Work progress form" means a form issued by the Department | 25 | | to a licensee or applicant that provides notice of | 26 | | deficiencies and the improvements required to be made within a |
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| 1 | | specified period of time to comply with this Act. | 2 | | (Source: P.A. 100-842, eff. 1-1-19; 100-870, eff. 1-1-19; | 3 | | 101-81, eff. 7-12-19; 101-295, eff. 8-9-19.)
| 4 | | (225 ILCS 605/21.5 new) | 5 | | Sec. 21.5. Buildings and premises. | 6 | | (a) All buildings and premises shall be maintained in a | 7 | | sanitary condition and the licensee shall: | 8 | | (1) Have covered, leak-proof containers available for | 9 | | storage of waste materials before disposal to control | 10 | | vermin and insects. Such containers shall be maintained in | 11 | | a sanitary condition. This paragraph does not apply to | 12 | | equine shelters. | 13 | | (2) Dispose of dead animals in compliance with the | 14 | | Illinois Dead Animal Disposal Act and rules adopted | 15 | | pursuant to that Act or the Companion Animal Cremation | 16 | | Act. Compliance with those Acts shall not exempt a | 17 | | licensee from compliance with local ordinances. | 18 | | (3) Take effective control measures to prevent | 19 | | infestation of animals and premises with external | 20 | | parasites and vermin. | 21 | | (4) Provide water from a source having sufficient | 22 | | pressure to properly sanitize and clean the facility and | 23 | | equipment. This paragraph does not apply to equine | 24 | | shelters. | 25 | | (5) Provide hand washing facilities. |
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| 1 | | (b) All buildings shall be constructed so as to provide | 2 | | adequate shelter for the comfort of the animals and shall | 3 | | provide adequate facilities for isolation of diseased animals | 4 | | and their waste to avoid exposure to healthy and salable | 5 | | animals. | 6 | | (c) Floors of buildings housing or displaying animals | 7 | | shall be of permanent construction to enable thorough cleaning | 8 | | and sanitizing, except equine shelters. Dirt and unfinished | 9 | | wood floors are unacceptable, except for equine shelters. | 10 | | Cleaning shall be performed daily, or more often if necessary, | 11 | | to prevent any accumulation of debris, dirt, or waste. | 12 | | (d) Enclosures shall be constructed of a material that is | 13 | | impervious to urine and water and able to withstand damage | 14 | | from gnawing and chewing. This subsection does not apply to | 15 | | equine shelters. The floors of the enclosures must be | 16 | | constructed of a material that does not sag, bend, or bounce. | 17 | | (1) The enclosures must be cleaned and sanitized at | 18 | | least once daily, or more often if necessary. | 19 | | (2) All empty cages shall be kept clean at all times. | 20 | | (3) Enclosures shall be of sufficient size to allow | 21 | | the animal to comfortably stand, sit, or lie, turn in a | 22 | | complete circle, and offer freedom of movement. | 23 | | (4) An ambient temperature as defined in the | 24 | | regulations for the Federal Animal Welfare Act (9 CFR 3.2) | 25 | | shall be maintained for warmblooded animals. In the case | 26 | | of coldblooded animals, the temperature that is compatible |
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| 1 | | to the well-being of the species shall be maintained. | 2 | | (5) The following requirements apply after December | 3 | | 31, 2022, for all enclosures containing dogs and cats: | 4 | | (A) Enclosure flooring must consist of a solid | 5 | | surface, slats, or coated wire (PVC or vinyl) to | 6 | | decrease and prevent injury and decrease the | 7 | | detrimental health effects on the enclosed animals. | 8 | | Slats shall be appropriately spaced for the species | 9 | | and size of the animal and shall be constructed in a | 10 | | manner which prevents the animal's feet from getting | 11 | | trapped or injured. | 12 | | (B) Enclosures may not be stacked on top of each | 13 | | other unless the enclosures were commercially designed | 14 | | and constructed to be a multi-level enclosure/kennel. | 15 | | (C) Enclosures that are located indoors must be | 16 | | placed in facilities with adequate light and | 17 | | ventilation to allow for the well-being of the animal | 18 | | and to permit routine inspection and cleaning. | 19 | | (6) After December 31, 2022, outdoor enclosures for | 20 | | dogs and cats must meet the requirements of this Section | 21 | | and meet the following additional requirements: | 22 | | (A) If climatic or ambient temperatures pose a | 23 | | threat to the health and welfare of the dog or cat, | 24 | | effective measures must be taken to eliminate the | 25 | | threat. | 26 | | (B) An outdoor enclosure shall not be used if the |
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| 1 | | dog or cat is unable to tolerate the prevalent | 2 | | temperatures based on the animal's own | 3 | | characteristics, including breed, body condition, and | 4 | | acclimation to the environment. | 5 | | (e) Runs shall be constructed of material of sufficient | 6 | | strength and design to confine the animals. This subsection | 7 | | does not apply to equine shelters. | 8 | | (1) Runs shall be kept in good repair and condition. | 9 | | (2) For new construction or remodeling, the licensee | 10 | | shall provide runs surfaced with concrete or other | 11 | | impervious material. | 12 | | (3) The surface of the run shall be designed to permit | 13 | | the surface to be cleaned and disinfected and kept free | 14 | | from excessive accumulation of animal waste. | 15 | | (4) Provisions must be made for adequate drainage, | 16 | | including gutters and discharge of any fluid or content | 17 | | into a sewer, septic tank, or filter field. The drainage | 18 | | system shall comply with any local zoning. | 19 | | (f) Cages or aquariums for housing of small animals, | 20 | | birds, or fish shall provide space not less than 2.5 times the | 21 | | body volume of living creatures contained therein. | 22 | | (g) If animals are group-housed, they shall be maintained | 23 | | in compatible groups without overcrowding. No female animal in | 24 | | estrus shall be placed in a pen with male animals, except for | 25 | | breeding purposes. | 26 | | (h) Upon an inspection of a licensee or applicant by the |
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| 1 | | Department, the Department may provide a work progress form to | 2 | | the licensee or applicant if deficiencies are detected during | 3 | | the inspection. The licensee or applicant must make the | 4 | | improvements to correct the deficiencies listed in the form | 5 | | within the time period specified in the form. | 6 | | (225 ILCS 605/21.10 new) | 7 | | Sec. 21.10. General care of animals. | 8 | | (a) All persons or establishments licensed under this Act | 9 | | shall comply with all provisions of the Humane Care for | 10 | | Animals Act. | 11 | | (b) Sufficient clean water and fresh food shall be offered | 12 | | to each animal daily as prescribed in the regulations for the | 13 | | Federal Animal Welfare Act (9 CFR 3.5-3.7). In the case of | 14 | | young animals, they shall be fed more than once daily. | 15 | | Reptiles, fish, or amphibians shall be fed and cared for in | 16 | | accordance with the eating patterns and environmental | 17 | | conditions compatible with each individual species. | 18 | | (c) The licensee or his or her representative shall be | 19 | | present for general care and maintenance of the animals at | 20 | | least once daily. | 21 | | (d) Aquariums containing fish shall be kept in a clean | 22 | | healthful condition. Live algae shall not be considered an | 23 | | unhealthful condition. Any dead fish shall be removed from | 24 | | aquariums. | 25 | | (e) Adult cats shall be provided with litter pans at all |
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| 1 | | times. The pans shall be cleaned and sanitized at least once | 2 | | daily or more often if necessary. | 3 | | (f) Equine shelters shall follow the American Association | 4 | | of Equine Practitioners Care Guidelines for Equine Rescue and | 5 | | Retirement Facilities. | 6 | | (g) Dog breeders, cat breeders, animal shelters, kennel | 7 | | operators, animal control facilities, foster homes, and pet | 8 | | shop operators shall provide grooming, as necessary, to | 9 | | prevent matting of coat and to prevent accumulation of fecal | 10 | | matter, urine, or any other material within the coat. Grooming | 11 | | shall include nail trimming to ensure that nails do not injure | 12 | | the dog or cat. | 13 | | (h) Dog breeders, cat breeders, animal shelters, kennel | 14 | | operators, animal control facilities, foster homes, and pet | 15 | | shop operators shall comply with the Animal Control Act with | 16 | | regards to rabies inoculation and must register with their | 17 | | county of residence. | 18 | | (i) Dog breeders, cat breeders, animal shelters, kennel | 19 | | operators, animal control facilities, foster homes, and pet | 20 | | shop operators shall provide animals an opportunity for daily | 21 | | exercise. Exercise may consist of a play area, time in run, or | 22 | | leash walks. A daily log shall be maintained documenting daily | 23 | | exercise for each animal. | 24 | | (j) Dog breeders, cat breeders, animal shelters, kennel | 25 | | operators, animal control facilities, foster homes, and pet | 26 | | shop operators shall have a working relationship with a |
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| 1 | | veterinarian who provides recommendations on vaccination and | 2 | | deworming protocols. Each animal shall receive a complete | 3 | | physical examination by a licensed veterinarian within 30 days | 4 | | of intake or prior to adoption or sale, whichever occurs | 5 | | first, and thereafter on an annual basis. Each animal used for | 6 | | breeding shall receive an annual physical examination by a | 7 | | licensed veterinarian as long as the dog is in the breeding | 8 | | population. A record of all completed physical examinations | 9 | | shall be available for inspection. | 10 | | (225 ILCS 605/21.15 new) | 11 | | Sec. 21.15. Records. | 12 | | (a) Records of sales of all animals, excluding fish, shall | 13 | | be maintained by the licensee for a minimum period of 12 months | 14 | | after the date of sale or transfer of animal and shall include | 15 | | the source of the animal, date of sale, description and sex of | 16 | | animal sold, and the name and address of the purchaser. | 17 | | Records of sales of small mammals, including hamsters, mice, | 18 | | gerbils, or rats that were born in the United States, birds, | 19 | | and fish are not required. These records must be available for | 20 | | inspection during normal business hours by Department | 21 | | employees or persons designated by the Department. Each | 22 | | licensee must report to the Department the number of dogs, | 23 | | puppies, cats, kittens, and exotic or non-domesticated animals | 24 | | sold for the previous calendar year at the time of license | 25 | | renewal. Shelters and animal control facilities must report to |
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| 1 | | the Department the total number of dogs, cats, and other | 2 | | animals received, adopted, euthanized, or reclaimed by the | 3 | | owner for the previous calendar year at the time of license | 4 | | renewal. | 5 | | (b) If a record of prophylactic medication is used in | 6 | | advertisement or is furnished to the purchaser or person | 7 | | acquiring an animal, specific information regarding the type, | 8 | | amount, and date of prophylactic medication shall be kept by | 9 | | the licensee and shall become a part of the retail sales | 10 | | record. | 11 | | (c) The licensee or his or her representative shall | 12 | | furnish the purchaser of a dog, cat, or nonhuman primate a | 13 | | written statement at the time of sale. | 14 | | (1) The date of sale and date of birth, if known. | 15 | | (2) The name, address, and telephone number of the | 16 | | licensee. | 17 | | (3) The name, address, and telephone number of the | 18 | | purchaser. | 19 | | (4) The breed and description of the dog, cat, or | 20 | | nonhuman primate, including age, sex, and weight of the | 21 | | animal. | 22 | | (5) A description of each prophylactic immunization | 23 | | provided to the animal and the dates that each | 24 | | immunization was administered. | 25 | | (6) A description of each internal parasite medication | 26 | | provided to the animal and the dates that each medication |
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| 1 | | was administered. | 2 | | (7) The record of sterilization of an animal or lack | 3 | | of sterilization. | 4 | | (8) The guarantee, if offered, or a statement that no | 5 | | guarantee was offered to the purchaser. | 6 | | (9) If the dog or cat sold to the purchaser is capable | 7 | | of registration, the name and registration numbers of the | 8 | | sire and dam and registry information. | 9 | | (10) Include any other significant identification, if | 10 | | known, for each animal, including any official tag number, | 11 | | tattoo, or microchip.
| 12 | | This information may be recorded on an Animal Welfare | 13 | | Release Statement or on a similar form prepared by the | 14 | | licensee and approved in advance by the Department. | 15 | | (d) The licensee shall have any dog used as a breeding | 16 | | animal tested annually for canine brucellosis. The test must | 17 | | be performed by a licensed veterinarian and the licensee must | 18 | | keep a copy of the test results for 2 years. | 19 | | (225 ILCS 605/21.20 new) | 20 | | Sec. 21.20. Foster homes. | 21 | | A licensed animal shelter shall be responsible for | 22 | | maintaining records of formal written agreements between the | 23 | | licensee and foster home as required under Section 3.2. The | 24 | | following requirements shall be complied with and shall be the | 25 | | shelter's obligation: |
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| 1 | | (1) The animals held at the foster home shall be | 2 | | afforded a clean environment and the home shall comply | 3 | | with all provisions of the Humane Care for Animals Act. | 4 | | (2) Records for the animals shall be available for | 5 | | review by Department personnel upon request and shall be | 6 | | retained at the animal shelter for 2 years. | 7 | | (3) The foster home shall be accessible for inspection | 8 | | by Department personnel for compliance with sanitation and | 9 | | the quality of care being afforded the animals as required | 10 | | under Section 3.2. | 11 | | (4) Any dog over 4 months of age shall be vaccinated | 12 | | for rabies and the certificate of vaccination will be | 13 | | transferred to the person adopting the dog. | 14 | | (5) No animals shall be released to an adoptive owner | 15 | | until provisions have been completed for spaying of | 16 | | females or neutering of males. ".
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