Full Text of SB0705 102nd General Assembly
SB0705sam001 102ND GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 2/15/2022
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| 1 | | AMENDMENT TO SENATE BILL 705
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 705 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 as follows:
| 6 | | (225 ILCS 605/2) (from Ch. 8, par. 302)
| 7 | | (Text of Section before amendment by P.A. 102-586 )
| 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 control facility" means any facility operated by | 15 | | or
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,
| 2 | | protection, and humane treatment of animals. An organization | 3 | | that does not have its own building that maintains animals | 4 | | solely in foster homes or other licensees is an "animal | 5 | | shelter" for purposes of this Act. "Animal shelter" also means | 6 | | any
veterinary hospital or clinic operated by a veterinarian | 7 | | or veterinarians
licensed under the Veterinary Medicine and | 8 | | Surgery Practice Act of 2004 which
operates for the above | 9 | | mentioned purpose in addition to its customary purposes.
| 10 | | "Day care operator" means a person who operates an | 11 | | establishment, other than an animal control facility, | 12 | | veterinary hospital, or animal shelter, where dogs or dogs and | 13 | | cats are kept for a period of time not exceeding 12 hours. | 14 | | "Foster home" means an entity that accepts the | 15 | | responsibility for
stewardship of animals that are the | 16 | | obligation of an animal shelter or animal control facility, | 17 | | not to
exceed 4 foster animals or 2 litters under 8 weeks of | 18 | | age at any given time. A written agreement to operate as a | 19 | | "foster home"
shall be contracted with the animal shelter or | 20 | | animal control facility.
| 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 | | "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 | | (Source: P.A. 100-842, eff. 1-1-19; 100-870, eff. 1-1-19; | 25 | | 101-81, eff. 7-12-19; 101-295, eff. 8-9-19.)
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| 1 | | (Text of Section after amendment by P.A. 102-586 ) | 2 | | Sec. 2. Definitions. As used in this Act unless the | 3 | | context otherwise
requires:
| 4 | | "Department" means the Illinois Department of Agriculture.
| 5 | | "Director" means the Director of the Illinois Department | 6 | | of Agriculture.
| 7 | | "Pet shop operator" means any person who sells, offers to | 8 | | sell,
exchange, or offers for adoption with or without charge | 9 | | or donation dogs,
cats, birds, fish, reptiles, or other | 10 | | animals customarily obtained as pets
in this State at retail | 11 | | to the public. However, a person who sells only such animals | 12 | | that he has
produced and raised shall not be considered a pet | 13 | | shop operator under this
Act, and a veterinary hospital or | 14 | | clinic operated by a veterinarian or
veterinarians licensed | 15 | | under the Veterinary Medicine and Surgery Practice
Act of 2004 | 16 | | shall not be considered a pet shop operator under this
Act.
| 17 | | "Dog dealer" means any person who sells, offers to sell, | 18 | | exchange, or
offers for adoption with or without charge or | 19 | | donation dogs in this State.
However, a person who sells dogs | 20 | | at retail to the public or who sells only dogs that he has | 21 | | produced and raised shall
not be considered a dog dealer under | 22 | | this Act, and a veterinary hospital or
clinic operated by a | 23 | | veterinarian or veterinarians licensed under the
Veterinary | 24 | | Medicine and Surgery Practice Act of 2004
shall not be | 25 | | considered a dog dealer under this Act.
| 26 | | "Secretary of Agriculture" or "Secretary" means the |
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| 1 | | Secretary of
Agriculture of the United States Department of | 2 | | Agriculture.
| 3 | | "Person" means any person, firm, corporation, partnership, | 4 | | association
or other legal entity, any public or private | 5 | | institution, the State of
Illinois, or any municipal | 6 | | corporation or political subdivision of the
State.
| 7 | | "Kennel operator" means any person who operates an | 8 | | establishment, other
than an animal control facility, | 9 | | veterinary hospital, or animal
shelter, where dogs or dogs and | 10 | | cats are maintained
for boarding, training or similar purposes | 11 | | for a fee or compensation.
| 12 | | "Boarding" means a time frame greater than 12 hours or an | 13 | | overnight period during which an animal is kept by a kennel | 14 | | operator. | 15 | | "Cat breeder" means a person who sells, offers to sell, | 16 | | exchanges, or offers for adoption with or without charge cats | 17 | | that he or she has produced and raised. A person who owns, has | 18 | | possession of, or harbors 5 or less females capable of | 19 | | reproduction shall not be considered a cat breeder. | 20 | | "Dog breeder" means a person who sells, offers to sell, | 21 | | exchanges, or offers for adoption with or without charge dogs | 22 | | that he has produced and raised. A person who owns, has | 23 | | possession of, or harbors 5 or less females capable of | 24 | | reproduction shall not be considered a dog breeder.
| 25 | | "Animal control facility" means any facility operated by | 26 | | or
under contract for the State,
county, or any municipal |
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| 1 | | corporation or political subdivision of the State
for the | 2 | | purpose of impounding or harboring seized, stray, homeless,
| 3 | | abandoned or unwanted dogs, cats, and other animals. "Animal | 4 | | control
facility" also means any
veterinary hospital or clinic | 5 | | operated by a veterinarian or veterinarians
licensed under the | 6 | | Veterinary Medicine and Surgery Practice Act of 2004 which
| 7 | | operates for the above mentioned purpose in addition to its | 8 | | customary purposes.
| 9 | | "Animal shelter" means a facility operated, owned, or | 10 | | maintained by a duly
incorporated humane society, animal | 11 | | welfare society, or other non-profit
organization having | 12 | | tax-exempt status under Section 501(c)(3) of the Internal | 13 | | Revenue Code for the purpose of providing for and promoting | 14 | | the welfare,
protection, and humane treatment of animals. An | 15 | | organization that does not have its own building that | 16 | | maintains animals solely in foster homes or other licensees is | 17 | | an "animal shelter" for purposes of this Act. "Animal shelter" | 18 | | also means any
veterinary hospital or clinic operated by a | 19 | | veterinarian or veterinarians
licensed under the Veterinary | 20 | | Medicine and Surgery Practice Act of 2004 which
operates for | 21 | | the above mentioned purpose in addition to its customary | 22 | | purposes.
| 23 | | "Day care operator" means a person who operates an | 24 | | establishment, other than an animal control facility, | 25 | | veterinary hospital, or animal shelter, where dogs or dogs and | 26 | | cats are kept for a period of time not exceeding 12 hours. |
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| 1 | | However, facilities where dogs or cats are held for the sole | 2 | | purpose of grooming or facilities where dogs or cats are held | 3 | | for less than 12 hours for training purposes shall not be | 4 | | considered day care operators under this Act. | 5 | | "Foster home" means an entity that accepts the | 6 | | responsibility for
stewardship of animals that are the | 7 | | obligation of an animal shelter or animal control facility, | 8 | | not to
exceed 4 foster animals or 2 litters under 8 weeks of | 9 | | age at any given time. A written agreement to operate as a | 10 | | "foster home"
shall be contracted with the animal shelter or | 11 | | animal control facility.
| 12 | | "Guard dog service" means an entity that, for a fee, | 13 | | furnishes or leases
guard or sentry dogs for the protection of | 14 | | life or property. A person
is not a guard dog service solely | 15 | | because he or she owns a dog and uses it to
guard his or her | 16 | | home, business, or farmland.
| 17 | | "Guard dog" means a type of dog used primarily for the | 18 | | purpose of defending,
patrolling, or protecting property or | 19 | | life at a commercial establishment
other than a farm. "Guard | 20 | | dog" does not include stock dogs used primarily for
handling | 21 | | and controlling livestock or farm animals, nor does it include
| 22 | | personally owned pets that also provide security.
| 23 | | "Return" in return to field or trap, neuter, return | 24 | | program means to return the cat to field after it has been | 25 | | sterilized and vaccinated for rabies. | 26 | | "Sentry dog" means a dog trained to work without |
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| 1 | | supervision in a fenced
facility other than a farm, and to | 2 | | deter or detain unauthorized persons found
within the | 3 | | facility.
| 4 | | "Probationary status" means the 12-month period following | 5 | | a series of violations of this Act during which any further | 6 | | violation shall result in an automatic 12-month suspension of | 7 | | licensure.
| 8 | | "Owner" means any person having a right of property in an | 9 | | animal, who keeps or harbors an animal, who has an animal in | 10 | | his or her care or acts as its custodian, or who knowingly | 11 | | permits a dog to remain on any premises occupied by him or her. | 12 | | "Owner" does not include a feral cat caretaker participating | 13 | | in a trap, spay/neuter, vaccinate for rabies, and return | 14 | | program. | 15 | | "Offer for sale" means to sell, exchange for | 16 | | consideration, offer for adoption, advertise for the sale of, | 17 | | barter, auction, give away, or otherwise dispose of animals. | 18 | | (Source: P.A. 101-81, eff. 7-12-19; 101-295, eff. 8-9-19; | 19 | | 102-586, eff. 2-23-22.)
| 20 | | Section 95. No acceleration or delay. Where this Act makes | 21 | | changes in a statute that is represented in this Act by text | 22 | | that is not yet or no longer in effect (for example, a Section | 23 | | represented by multiple versions), the use of that text does | 24 | | not accelerate or delay the taking effect of (i) the changes | 25 | | made by this Act or (ii) provisions derived from any other |
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| 1 | | Public Act.".
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