Full Text of HB0707 94th General Assembly
HB0707 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0707
Introduced 02/01/05, by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED: |
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225 ILCS 605/2 |
from Ch. 8, par. 302 |
225 ILCS 605/3 |
from Ch. 8, par. 303 |
225 ILCS 605/3.1 |
from Ch. 8, par. 303.1 |
225 ILCS 605/18 |
from Ch. 8, par. 318 |
225 ILCS 605/20 |
from Ch. 8, par. 320 |
510 ILCS 70/2.10 |
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510 ILCS 70/3 |
from Ch. 8, par. 703 |
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Amends the Animal Welfare Act. Replaces the term "pet shop operator" with "animal caretaker" throughout the Act. Provides that licensees under the Act shall provide for their animals a sufficient quantity of good quality, wholesome food and water, adequate shelter and protection from the weather, annual and necessary veterinary care, and a stimulating and enriching environment. Provides that an individual who violates any provision of the Act or a Department rule or order is guilty of a Class A misdemeanor (now, a Class C misdemeanor). Amends the Humane Care for Animals Act. Changes the definition of "companion animal hoarder". Provides that each owner or animal caretaker shall provide for each of his or her animals annual veterinary care, sanitary conditions, proper ventilation, and a stimulating and enriching environment. Provides that a person convicted of violating the Section of the Act concerning owner's and animal caretaker's duties is guilty of a Class A misdemeanor (now, a Class B misdemeanor). Also, adds definitions. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0707 |
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LRB094 04266 RAS 34291 b |
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| AN ACT concerning animals.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Animal Welfare Act is amended by changing | 5 |
| Sections 2, 3, 3.1, 18, and 20 as follows:
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| (225 ILCS 605/2) (from Ch. 8, par. 302)
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| Sec. 2. Definitions. As used in this Act unless the context | 8 |
| otherwise
requires:
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| "Department" means the Illinois Department of Agriculture.
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| "Director" means the Director of the Illinois Department of | 11 |
| Agriculture.
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| " Animal caretaker
Pet shop operator " means any person who | 13 |
| sells, offers to sell or ,
exchange, or offers for adoption with | 14 |
| or without charge or donation dogs,
cats, birds, fish, | 15 |
| reptiles, or other animals customarily obtained as pets
in this | 16 |
| State. "Animal caretaker" includes, but is not limited to, a | 17 |
| pet store, breeder, adoption facility, shelter, or private | 18 |
| individual who performs any of the functions of an animal | 19 |
| caretaker listed in this paragraph. However, a person who sells | 20 |
| only such animals that he has
produced and raised shall not be | 21 |
| considered
a pet shop operator under this
Act, and a veterinary | 22 |
| hospital or clinic operated by a veterinarian or
veterinarians | 23 |
| licensed under the Veterinary Medicine and Surgery Practice
Act | 24 |
| of 2004 shall not be considered an animal caretaker
a pet shop | 25 |
| operator under this
Act.
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| "Dog dealer" means any person who sells, offers to sell, | 27 |
| exchange, or
offers for adoption with or without charge or | 28 |
| donation dogs in this State.
However, a person who sells only | 29 |
| dogs that he has produced and raised shall
not be considered a | 30 |
| dog dealer under this Act, and a veterinary hospital or
clinic | 31 |
| operated by a veterinarian or veterinarians licensed under the
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| Veterinary Medicine and Surgery Practice Act of 2004
shall not |
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HB0707 |
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LRB094 04266 RAS 34291 b |
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| be considered a dog dealer under this Act.
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| "Secretary of Agriculture" or "Secretary" means the | 3 |
| Secretary of
Agriculture of the United States Department of | 4 |
| Agriculture.
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| "Person" means any person, firm, corporation, partnership, | 6 |
| association
or other legal entity, any public or private | 7 |
| institution, the State of
Illinois, or any municipal | 8 |
| corporation or political subdivision of the
State.
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| "Kennel operator" means any person who operates an | 10 |
| establishment, other
than an animal control facility, | 11 |
| veterinary hospital, or animal
shelter, where dogs or dogs and | 12 |
| cats are maintained
for boarding, training or similar purposes | 13 |
| for a fee or compensation; or
who sells, offers to sell, | 14 |
| exchange, or offers for adoption with or without
charge dogs or | 15 |
| dogs and cats which he has produced and raised. A person who
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| owns, has possession of, or harbors 5 or less
females capable | 17 |
| of reproduction shall not be considered a kennel
operator.
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| "Cattery operator" means any person who operates an | 19 |
| establishment, other
than an animal control facility or animal
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| shelter, where cats are maintained for boarding,
training or | 21 |
| similar purposes for a fee or compensation; or who sells,
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| offers to sell, exchange, or offers for adoption with or | 23 |
| without charges
cats which he has produced and raised. A person | 24 |
| who owns, has possession
of, or harbors 5 or
less females | 25 |
| capable of reproduction shall not be considered a
cattery | 26 |
| operator.
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| "Animal control facility" means any facility operated by or
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| under contract for the State,
county, or any municipal | 29 |
| corporation or political subdivision of the State
for the | 30 |
| purpose of impounding or harboring seized, stray, homeless,
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| abandoned or unwanted dogs, cats, and other animals. "Animal | 32 |
| control
facility" also means any
veterinary hospital or clinic | 33 |
| operated by a veterinarian or veterinarians
licensed under the | 34 |
| Veterinary Medicine and Surgery Practice Act of 2004 which
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| operates for the above mentioned purpose in addition to its | 36 |
| customary purposes.
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| "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,
protection, | 5 |
| and humane treatment of animals. "Animal shelter" also means | 6 |
| any
veterinary hospital or clinic operated by a veterinarian or | 7 |
| 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.
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| "Foster home" means an entity that accepts the | 11 |
| responsibility for
stewardship of animals that are the | 12 |
| obligation of an animal shelter, not to
exceed 4 animals at any | 13 |
| given time. Permits to operate as a "foster home"
shall be | 14 |
| issued through the animal shelter.
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| "Guard dog service" means an entity that, for a fee, | 16 |
| furnishes or leases
guard or sentry dogs for the protection of | 17 |
| life or property. A person
is not a guard dog service solely | 18 |
| because he or she owns a dog and uses it to
guard his or her | 19 |
| home, business, or farmland.
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| "Guard dog" means a type of dog used primarily for the | 21 |
| purpose of defending,
patrolling, or protecting property or | 22 |
| life at a commercial establishment
other than a farm. "Guard | 23 |
| dog" does not include stock dogs used primarily for
handling | 24 |
| and controlling livestock or farm animals, nor does it include
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| personally owned pets that also provide security.
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| "Sentry dog" means a dog trained to work without | 27 |
| supervision in a fenced
facility other than a farm, and to | 28 |
| deter or detain unauthorized persons found
within the facility.
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| (Source: P.A. 93-281, eff. 12-31-03.)
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| (225 ILCS 605/3) (from Ch. 8, par. 303)
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| Sec. 3. No person shall engage in business as an animal | 32 |
| caretaker
a pet shop operator , dog
dealer, kennel operator, | 33 |
| cattery operator,
or operate a guard dog service, an animal | 34 |
| control
facility or animal shelter or
any combination thereof, | 35 |
| in this State without a license therefor issued by
the |
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| Department. Only one license shall be required for any | 2 |
| combination of
businesses at one location, except that a | 3 |
| separate license shall be required
to operate a guard dog | 4 |
| service. Guard dog services that are located outside
this State | 5 |
| but provide services within this State are required to obtain a
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| license from the Department. Out-of-state guard dog services | 7 |
| are required to
comply with the requirements of this Act with | 8 |
| regard to guard dogs and sentry
dogs transported to or used | 9 |
| within this State.
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| (Source: P.A. 89-178, eff. 7-19-95.)
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| (225 ILCS 605/3.1) (from Ch. 8, par. 303.1)
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| Sec. 3.1. Information on dogs and cats for sale. Every | 13 |
| animal caretaker
pet shop
operator , dog dealer, and cattery | 14 |
| operator shall provide the following
information for every dog | 15 |
| or cat available for sale:
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| (a) The age, sex, and weight of the animal.
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| (b) The breed of the animal.
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| (c) A record of vaccinations and veterinary care and | 19 |
| treatment.
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| (d) A record of surgical sterilization or lack of surgical | 21 |
| sterilization.
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| (e) The name and address of the breeder of the animal.
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| (f) The name and address of any other person who owned or | 24 |
| harbored the
animal between its birth and the point of sale.
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| (Source: P.A. 87-819.)
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| (225 ILCS 605/18) (from Ch. 8, par. 318)
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| Sec. 18. The licensee shall:
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| a. Maintain sanitary conditions.
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| b. Insure proper ventilation.
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| c. Provide adequate nutrition.
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| d. Provide humane care and treatment of all animals under | 32 |
| his
jurisdiction. | 33 |
| d-5. Provide a sufficient quantity of good quality, | 34 |
| wholesome food and water. |
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| d-10. Provide adequate shelter and protection from the | 2 |
| weather. | 3 |
| d-15. Provide veterinary care on an annual basis and also | 4 |
| when needed to prevent suffering. | 5 |
| d-20. Provide a stimulating and enriching environment.
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| e. Take reasonable care to release for sale, trade, or | 7 |
| adoption only
those animals which are free of disease, injuries | 8 |
| or abnormalities. A
health certificate, meeting the | 9 |
| requirements of the Department and issued
by a licensed | 10 |
| veterinarian for any such animal within 5 days before such
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| sale, trade or adoption is prima facie evidence that the | 12 |
| licensee has taken
reasonable care, as required by this | 13 |
| paragraph.
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| f. Inspection of the premises of a licensee to determine | 15 |
| compliance with
this Act may be made only by the Department. | 16 |
| In this Section: | 17 |
| "Good quality, wholesome food" for birds means that | 18 |
| prescribed by an Avian veterinarian. | 19 |
| "Stimulating and enriching environment" for birds | 20 |
| includes, but is not limited to, a variety of toys, perches of | 21 |
| different sizes and materials, and full-spectrum lighting. | 22 |
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| (Source: P.A. 78-900.)
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| (225 ILCS 605/20) (from Ch. 8, par. 320)
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| Sec. 20. Any person violating any provision of this Act or | 26 |
| any rule,
regulation or order of the Department issued pursuant | 27 |
| to this Act is guilty of
a Class A
C misdemeanor and every day a | 28 |
| violation continues constitutes a
separate offense.
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| (Source: P.A. 89-178, eff. 7-19-95.)
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| Section 10. The Humane Care for Animals Act is amended by | 31 |
| changing Sections 2.10 and 3 as follows:
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| (510 ILCS 70/2.10)
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| Sec. 2.10. Companion animal hoarder. "Companion animal |
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| hoarder" means a
person who (i) possesses a large number of | 2 |
| companion animals; (ii) fails to or
is unable to provide what | 3 |
| he or she is required to provide under Section 3 of
this Act; | 4 |
| (iii) keeps the companion animals in a severely overcrowded
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| environment; and (iv) displays an inability to recognize or | 6 |
| understand the
nature of or has a reckless disregard for the | 7 |
| conditions under which the
companion animals are living and the | 8 |
| deleterious impact they have on the
companion animals' and | 9 |
| owner's health and well-being.
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| (Source: P.A. 92-454, eff. 1-1-02.)
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| (510 ILCS 70/3) (from Ch. 8, par. 703)
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| Sec. 3. Owner's and animal caretaker's duties. Each owner | 13 |
| or animal caretaker shall provide for each of his or her
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| animals:
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| (a) sufficient quantity of good quality, wholesome | 16 |
| food and water;
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| (b) adequate shelter and protection from the weather;
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| (c) veterinary care on an annual basis and also when | 19 |
| needed to prevent suffering; and
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| (d) humane care and treatment ; . | 21 |
| (e) sanitary conditions;
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| (f) proper ventilation; and
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| (g) a stimulating and enriching environment.
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| A person convicted of violating this Section is guilty of a | 25 |
| Class A
B
misdemeanor. A second or subsequent violation is a | 26 |
| Class 4 felony with every
day that a violation continues | 27 |
| constituting a separate offense. In addition to
any other | 28 |
| penalty provided by law, upon conviction for violating this | 29 |
| Section,
the court may order the convicted person to undergo a | 30 |
| psychological or
psychiatric evaluation and to undergo any | 31 |
| treatment at the convicted person's
expense that the court | 32 |
| determines to be appropriate after due consideration of
the | 33 |
| evaluation. If the convicted person is a juvenile or a | 34 |
| companion animal
hoarder, the court must order the convicted | 35 |
| person to undergo a psychological
or psychiatric evaluation and |
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| to undergo treatment that the court determines to
be | 2 |
| appropriate after due consideration of the evaluation.
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| In this Section: | 4 |
| "Animal caretaker" means an "animal caretaker" as defined | 5 |
| in the Animal Welfare Act.
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| "Good quality, wholesome food" for a bird means that | 7 |
| prescribed by an Avian veterinarian. | 8 |
| "Stimulating and enriching environment" for a bird | 9 |
| includes, but is not limited to, a variety of toys, perches of | 10 |
| different sizes and materials, and full-spectrum lighting.
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| (Source: P.A. 92-650, eff. 7-11-02.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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