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Public Act 100-0842 | ||||
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AN ACT concerning State government.
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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 | ||||
Sections 2, 2.2, 3, and 3.1 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 | ||||
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 | ||||
Agriculture.
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"Pet shop operator" means any person who sells, offers to | ||||
sell,
exchange, or offers for adoption with or without charge | ||||
or donation dogs,
cats, birds, fish, reptiles, or other animals | ||||
customarily obtained as pets
in this State. However, a person | ||||
who sells only such animals that he has
produced and raised | ||||
shall not be considered a pet shop operator under this
Act, and | ||||
a veterinary hospital or clinic operated by a veterinarian or
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veterinarians licensed under the Veterinary Medicine and | ||||
Surgery Practice
Act of 2004 shall not be considered a pet shop | ||||
operator under this
Act.
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"Dog dealer" means any person who sells, offers to sell, | ||||
exchange, or
offers for adoption with or without charge or |
donation dogs in this State.
However, a person who sells only | ||
dogs that he has produced and raised shall
not be considered a | ||
dog dealer under this Act, and a veterinary hospital or
clinic | ||
operated by a veterinarian or veterinarians licensed under the
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Veterinary Medicine and Surgery Practice Act of 2004
shall not | ||
be considered a dog dealer under this Act.
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"Secretary of Agriculture" or "Secretary" means the | ||
Secretary of
Agriculture of the United States Department of | ||
Agriculture.
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"Person" means any person, firm, corporation, partnership, | ||
association
or other legal entity, any public or private | ||
institution, the State of
Illinois, or any municipal | ||
corporation or political subdivision of the
State.
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"Kennel operator" means any person who operates an | ||
establishment, other
than an animal control facility, | ||
veterinary hospital, or animal
shelter, where dogs or dogs and | ||
cats are maintained
for boarding, training or similar purposes | ||
for a fee or compensation ; or
who sells, offers to sell, | ||
exchange, or offers for adoption with or without
charge dogs or | ||
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 | ||
of reproduction shall not be considered a kennel
operator .
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"Boarding" means a time frame greater than 12 hours or an | ||
overnight period during which an animal is kept by a kennel | ||
operator. | ||
"Cat breeder" means a person who sells, offers to sell, |
exchanges, or offers for adoption with or without charge cats | ||
that he or she has produced and raised. A person who owns, has | ||
possession of, or harbors 5 or less females capable of | ||
reproduction shall not be considered a cat breeder. | ||
"Dog breeder" means a person who sells, offers to sell, | ||
exchanges, or offers for adoption with or without charge dogs | ||
that he has produced and raised. A person who owns, has | ||
possession of, or harbors 5 or less females capable of | ||
reproduction shall not be considered a dog breeder. | ||
"Cattery operator" means any person who operates an | ||
establishment, other
than an animal control facility or animal
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shelter, where cats are maintained for boarding,
training or | ||
similar purposes for a fee or compensation; or who sells,
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offers to sell, exchange, or offers for adoption with or | ||
without charges
cats which he has produced and raised. A person | ||
who owns, has possession
of, or harbors 5 or
less females | ||
capable of reproduction shall not be considered a
cattery | ||
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 | ||
corporation or political subdivision of the State
for the | ||
purpose of impounding or harboring seized, stray, homeless,
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abandoned or unwanted dogs, cats, and other animals. "Animal | ||
control
facility" also means any
veterinary hospital or clinic | ||
operated by a veterinarian or veterinarians
licensed under the | ||
Veterinary Medicine and Surgery Practice Act of 2004 which
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operates for the above mentioned purpose in addition to its | ||
customary purposes.
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"Animal shelter" means a facility operated, owned, or | ||
maintained by a duly
incorporated humane society, animal | ||
welfare society, or other non-profit
organization for the | ||
purpose of providing for and promoting the welfare,
protection, | ||
and humane treatment of animals. "Animal shelter" also means | ||
any
veterinary hospital or clinic operated by a veterinarian or | ||
veterinarians
licensed under the Veterinary Medicine and | ||
Surgery Practice Act of 2004 which
operates for the above | ||
mentioned purpose in addition to its customary purposes.
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"Day care operator" means a person who operates an | ||
establishment, other than an animal control facility, | ||
veterinary hospital, or animal shelter, where dogs or dogs and | ||
cats are kept for a period of time not exceeding 12 hours. | ||
"Foster home" means an entity that accepts the | ||
responsibility for
stewardship of animals that are the | ||
obligation of an animal shelter, not to
exceed 4 animals at any | ||
given time. Permits to operate as a "foster home"
shall be | ||
issued through the animal shelter.
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"Guard dog service" means an entity that, for a fee, | ||
furnishes or leases
guard or sentry dogs for the protection of | ||
life or property. A person
is not a guard dog service solely | ||
because he or she owns a dog and uses it to
guard his or her | ||
home, business, or farmland.
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"Guard dog" means a type of dog used primarily for the |
purpose of defending,
patrolling, or protecting property or | ||
life at a commercial establishment
other than a farm. "Guard | ||
dog" does not include stock dogs used primarily for
handling | ||
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 | ||
supervision in a fenced
facility other than a farm, and to | ||
deter or detain unauthorized persons found
within the facility.
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"Probationary status" means the 12-month period following | ||
a series of violations of this Act during which any further | ||
violation shall result in an automatic 12-month suspension of | ||
licensure.
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"Owner" means any person having a right of property in an | ||
animal, who keeps or harbors an animal, who has an animal in | ||
his or her care or acts as its custodian, or who knowingly | ||
permits a dog to remain on any premises occupied by him or her. | ||
"Owner" does not include a feral cat caretaker participating in | ||
a trap, spay/neuter, return or release program. | ||
(Source: P.A. 99-310, eff. 1-1-16 .)
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(225 ILCS 605/2.2) (from Ch. 8, par. 302.2)
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Sec. 2.2.
No dog dealer, dog breeder, or cat breeder kennel | ||
operator, or cattery operator shall
separate a puppy or kitten | ||
from its mother, for the
purpose of sale, until such puppy or | ||
kitten has attained the age of 8
weeks.
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All licensees under this Act shall maintain records of
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origin and sale of all dogs, and such records shall be made | ||
available for
inspection by the Secretary or the Department | ||
upon demand. Such records
must contain proof in proper form of | ||
purebreds and their pedigree, and evidence
of such proof must | ||
be provided to any person acquiring a dog from a licensee
under | ||
this Act. In addition, guard dog services shall be
required to | ||
maintain records of transfer of ownership, death, or | ||
disappearance
of a guard dog or sentry dog used by that guard | ||
dog service.
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(Source: P.A. 89-178, eff. 7-19-95.)
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(225 ILCS 605/3) (from Ch. 8, par. 303)
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Sec. 3. (a) Except as provided in subsection (b) of this | ||
Section, no person shall engage in business as a pet shop | ||
operator, dog
dealer, kennel operator, day care operator, dog | ||
breeder, or cat breeder cattery operator,
or operate a guard | ||
dog service, an animal control
facility , or animal shelter , or
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any combination thereof, in this State without a license | ||
therefor issued by
the Department. Only one license shall be | ||
required for any combination of
businesses at one location, | ||
except that a separate license shall be required
to operate a | ||
guard dog service. Guard dog services that are located outside
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this State but provide services within this State are required | ||
to obtain a
license from the Department. Out-of-state guard dog | ||
services are required to
comply with the requirements of this | ||
Act with regard to guard dogs and sentry
dogs transported to or |
used within this State.
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(b) This Act does not apply to a private detective agency | ||
or private security agency licensed under the Private | ||
Detective, Private Alarm, Private Security, Fingerprint | ||
Vendor, and
Locksmith Act of 2004 that provides guard dog or | ||
canine odor detection services and does not otherwise operate a | ||
kennel for hire.
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(Source: P.A. 95-613, eff. 9-11-07.)
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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 by a dog | ||
dealer , dog breeder, or cat breeder or cattery operator . Every | ||
dog dealer , dog breeder, and cat breeder and cattery operator | ||
shall provide the following
information for every dog 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 | ||
treatment.
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(d) A record of surgical sterilization or lack of | ||
surgical 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 harbored the
animal between its birth and the point of | ||
sale.
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(g) Documentation that indicates that the dog or cat |
has been microchipped and the microchip has been enrolled | ||
in a nationally searchable database. | ||
(Source: P.A. 100-322, eff. 8-24-17.)
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