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91_HB3429ham001
LRB9109822ACtmam01
1 AMENDMENT TO HOUSE BILL 3429
2 AMENDMENT NO. . Amend House Bill 3429, by replacing
3 the title with the following:
4 "AN ACT regarding pet day care."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Animal Welfare Act is amended by
8 changing Sections 2 and 3 and adding Section 6.6 as follows:
9 (225 ILCS 605/2) (from Ch. 8, par. 302)
10 Sec. 2. Definitions. As used in this Act unless the
11 context otherwise requires:
12 "Department" means the Illinois Department of
13 Agriculture.
14 "Director" means the Director of the Illinois Department
15 of Agriculture.
16 "Pet shop operator" means any person who sells, offers to
17 sell, exchange, or offers for adoption with or without charge
18 or donation dogs, cats, birds, fish, reptiles, or other
19 animals customarily obtained as pets in this State. However,
20 a person who sells only such animals that he has produced and
21 raised shall not be considered a pet shop operator under this
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1 Act, and a veterinary hospital or clinic operated by a
2 veterinarian or veterinarians licensed under the Veterinary
3 Medicine and Surgery Practice Act of 1994 shall not be
4 considered a pet shop operator under this Act.
5 "Dog dealer" means any person who sells, offers to sell,
6 exchange, or offers for adoption with or without charge or
7 donation dogs in this State. However, a person who sells only
8 dogs that he has produced and raised shall not be considered
9 a dog dealer under this Act, and a veterinary hospital or
10 clinic operated by a veterinarian or veterinarians licensed
11 under the Veterinary Medicine and Surgery Practice Act of
12 1994 shall not be considered a dog dealer under this Act.
13 "Secretary of Agriculture" or "Secretary" means the
14 Secretary of Agriculture of the United States Department of
15 Agriculture.
16 "Person" means any person, firm, corporation,
17 partnership, association or other legal entity, any public or
18 private institution, the State of Illinois, or any municipal
19 corporation or political subdivision of the State.
20 "Kennel operator" means any person who operates an
21 establishment, other than an animal control facility,
22 veterinary hospital, or animal shelter, where dogs or dogs
23 and cats are maintained for boarding, training or similar
24 purposes for a fee or compensation; or who sells, offers to
25 sell, exchange, or offers for adoption with or without charge
26 dogs or dogs and cats which he has produced and raised. A
27 person who owns, has possession of, or harbors 5 or less
28 females capable of reproduction shall not be considered a
29 kennel operator.
30 "Cattery operator" means any person who operates an
31 establishment, other than an animal control facility or
32 animal shelter, where cats are maintained for boarding,
33 training or similar purposes for a fee or compensation; or
34 who sells, offers to sell, exchange, or offers for adoption
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1 with or without charges cats which he has produced and
2 raised. A person who owns, has possession of, or harbors 5
3 or less females capable of reproduction shall not be
4 considered a cattery operator.
5 "Animal control facility" means any facility operated by
6 or under contract for the State, county, or any municipal
7 corporation or political subdivision of the State for the
8 purpose of impounding or harboring seized, stray, homeless,
9 abandoned or unwanted dogs, cats, and other animals. "Animal
10 control facility" also means any veterinary hospital or
11 clinic operated by a veterinarian or veterinarians licensed
12 under the Veterinary Medicine and Surgery Practice Act of
13 1994 which operates for the above mentioned purpose in
14 addition to its customary purposes.
15 "Animal shelter" means a facility operated, owned, or
16 maintained by a duly incorporated humane society, animal
17 welfare society, or other non-profit organization for the
18 purpose of providing for and promoting the welfare,
19 protection, and humane treatment of animals. "Animal
20 shelter" also means any veterinary hospital or clinic
21 operated by a veterinarian or veterinarians licensed under
22 the Veterinary Medicine and Surgery Practice Act of 1994
23 which operates for the above mentioned purpose in addition to
24 its customary purposes.
25 "Foster home" means an entity that accepts the
26 responsibility for stewardship of animals that are the
27 obligation of an animal shelter, not to exceed 4 animals at
28 any given time. Permits to operate as a "foster home" shall
29 be issued through the animal shelter.
30 "Guard dog service" means an entity that, for a fee,
31 furnishes or leases guard or sentry dogs for the protection
32 of life or property. A person is not a guard dog service
33 solely because he or she owns a dog and uses it to guard his
34 or her home, business, or farmland.
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1 "Guard dog" means a type of dog used primarily for the
2 purpose of defending, patrolling, or protecting property or
3 life at a commercial establishment other than a farm. "Guard
4 dog" does not include stock dogs used primarily for handling
5 and controlling livestock or farm animals, nor does it
6 include personally owned pets that also provide security.
7 "Sentry dog" means a dog trained to work without
8 supervision in a fenced facility other than a farm, and to
9 deter or detain unauthorized persons found within the
10 facility.
11 "Dog day care facility" means a facility that regularly
12 provides day care for less than 24 hours per day for dogs for
13 a fee or compensation.
14 (Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97;
15 90-403, eff. 8-15-97.)
16 (225 ILCS 605/3) (from Ch. 8, par. 303)
17 Sec. 3. No person shall engage in business as a pet shop
18 operator, dog dealer, kennel operator, cattery operator, or
19 operate a guard dog service, an animal control facility or
20 animal shelter or any combination thereof, in this State
21 without a license therefor issued by the Department.
22 Beginning January 1, 2001, no person shall operate a dog day
23 care facility without a license issued by the Department.
24 Only one license shall be required for any combination of
25 businesses at one location, except that a separate license
26 shall be required to operate a guard dog service or,
27 beginning January 1, 2001, a dog day care facility. Guard
28 dog services that are located outside this State but provide
29 services within this State are required to obtain a license
30 from the Department. Out-of-state guard dog services are
31 required to comply with the requirements of this Act with
32 regard to guard dogs and sentry dogs transported to or used
33 within this State.
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1 (Source: P.A. 89-178, eff. 7-19-95.)
2 (225 ILCS 605/6.6 new)
3 Sec. 6.6. Dog day care facilities.
4 (a) The Department may promulgate rules regulating dog
5 day care facilities. Rules regarding the maximum number of
6 dogs that a dog day care facility may accept shall be based
7 on the size of the facility and the number of attendants and
8 shall take into consideration the health and welfare of the
9 animals involved.
10 (b) A dog enrolled in a dog day care facility may be
11 commingled with other dogs if the owner of the dog provides a
12 certificate of health and proof of vaccination against
13 distemper, rabies, the parvo virus, and other communicable
14 diseases or viruses as specified by rule of the Department.
15 The vaccination records of the dog must be current and in
16 compliance with all vaccination requirements of law for the
17 boarding of dogs.
18 (c) The Department is not liable for injury that occurs
19 while on the premises of a dog day care facility.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.".