Public Act 095-0550
 
HB0822 Enrolled LRB095 04192 CMK 24230 b

    AN ACT concerning animals.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Animal Welfare Act is amended by changing
Section 2 and adding Section 20.5 as follows:
 
    (225 ILCS 605/2)  (from Ch. 8, par. 302)
    Sec. 2. Definitions. As used in this Act unless the context
otherwise requires:
    "Department" means the Illinois Department of Agriculture.
    "Director" means the Director of the Illinois Department of
Agriculture.
    "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
veterinarians licensed under the Veterinary Medicine and
Surgery Practice Act of 2004 shall not be considered a pet shop
operator under this Act.
    "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
Veterinary Medicine and Surgery Practice Act of 2004 shall not
be considered a dog dealer under this Act.
    "Secretary of Agriculture" or "Secretary" means the
Secretary of Agriculture of the United States Department of
Agriculture.
    "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.
    "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
owns, has possession of, or harbors 5 or less females capable
of reproduction shall not be considered a kennel operator.
    "Cattery operator" means any person who operates an
establishment, other than an animal control facility or animal
shelter, where 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 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.
    "Animal control facility" means any facility operated by or
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,
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
operates for the above mentioned purpose in addition to its
customary purposes.
    "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.
    "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.
    "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.
    "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
personally owned pets that also provide security.
    "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.
    "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.
(Source: P.A. 93-281, eff. 12-31-03.)
 
    (225 ILCS 605/20.5 new)
    Sec. 20.5. Administrative fines. The following
administrative fines shall be imposed by the Department upon
any person or entity who violates any provision of this Act or
any rule adopted by the Department under this Act:
        (1) For the first violation, a fine of $200.
        (2) For a second violation that occurs within 3 years
    after the first violation, a fine of $500.
        (3) For a third violation that occurs within 3 years
    after the first violation, mandatory probationary status
    and a fine of $1,000.
 
    Section 10. The Animal Control Act is amended by changing
Sections 9, 11, and 15.3 and by adding Sections 2.17c and 15.4
as follows:
 
    (510 ILCS 5/2.17c new)
    Sec. 2.17c. "Potentially dangerous dog" means a dog that is
unsupervised and found running at large with 3 or more other
dogs.
 
    (510 ILCS 5/9)  (from Ch. 8, par. 359)
    Sec. 9. Any dog found running at large contrary to
provisions of this Act may be apprehended and impounded. For
this purpose, the Administrator shall utilize any existing or
available animal control facility or licensed animal shelter.
The dog's owner shall pay a $25 public safety fine, $20 of
which shall be deposited into the Pet Population Control Fund
and $5 of which shall be retained by the county or
municipality. A dog found running at large contrary to the
provisions of this Act a second or subsequent time must be
spayed or neutered within 30 days after being reclaimed unless
already spayed or neutered; failure to comply shall result in
impoundment.
    A dog that is actively engaged in a legal hunting activity,
including training, is not considered to be running at large if
the dog is on land that is open to hunting or on land on which
the person has obtained permission to hunt or to train a dog. A
dog that is in a dog-friendly area or dog park is not
considered to be running at large if the dog is monitored or
supervised by a person.
(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
 
    (510 ILCS 5/11)  (from Ch. 8, par. 361)
    Sec. 11. When not redeemed by the owner, agent, or
caretaker, a dog or cat must be scanned for a microchip. If a
microchip is present, the registered owner must be notified.
After contact has been made or attempted, dogs or cats deemed
adoptable by the animal control facility shall be offered for
adoption, or made available to a licensed humane society or
rescue group. If no placement is available, it shall be
humanely dispatched pursuant to the Humane Euthanasia in Animal
Shelters Act. An animal pound or animal shelter shall not adopt
or release any dog or cat to anyone other than the owner when
not redeemed by the owner unless the animal has been rendered
incapable of reproduction and microchipped, or the person
wishing to adopt an animal prior to the surgical procedures
having been performed shall have executed a written agreement
promising to have such service performed, including
microchipping, within a specified period of time not to exceed
30 days. Failure to fulfill the terms of the agreement shall
result in seizure and impoundment of the animal and any
offspring by the animal pound or shelter, and any monies which
have been deposited shall be forfeited and submitted to the Pet
Population Control Fund on a yearly basis. This Act shall not
prevent humane societies from engaging in activities set forth
by their charters; provided, they are not inconsistent with
provisions of this Act and other existing laws. No animal
shelter or animal control facility shall release dogs or cats
to an individual representing a rescue group, unless the group
has been licensed or has a foster care permit issued by the
Illinois Department of Agriculture or is a representative of a
not-for-profit out-of-state organization. The Department may
suspend or revoke the license of any animal shelter or animal
control facility that fails to comply with the requirements set
forth in this Section or that fails to report its intake and
euthanasia statistics each year.
(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
 
    (510 ILCS 5/15.3)
    Sec. 15.3. Dangerous dog; appeal.
    (a) The owner of a dog found to be a dangerous dog pursuant
to this Act by an Administrator may file a complaint against
the Administrator in the circuit court within 35 days of
receipt of notification of the determination, for a de novo
hearing on the determination. The proceeding shall be conducted
as a civil hearing pursuant to the Illinois Rules of Evidence
and the Code of Civil Procedure, including the discovery
provisions. After hearing both parties' evidence, the court may
make a determination of dangerous dog if the Administrator
meets his or her burden of proof of a preponderance of the
evidence of clear and convincing evidence. The final order of
the circuit court may be appealed pursuant to the civil appeals
provisions of the Illinois Supreme Court Rules.
    (b) The owner of a dog found to be a dangerous dog pursuant
to this Act by the Director may, within 14 days of receipt of
notification of the determination, request an administrative
hearing to appeal the determination. The administrative
hearing shall be conducted pursuant to the Department of
Agriculture's rules applicable to formal administrative
proceedings, 8 Ill. Adm. Code Part 1, SubParts A and B. An
owner desiring a hearing shall make his or her request for a
hearing to the Illinois Department of Agriculture. The final
administrative decision of the Department may be reviewed
judicially by the circuit court of the county wherein the
person resides or, in the case of a corporation, the county
where its registered office is located. If the plaintiff in a
review proceeding is not a resident of Illinois, the venue
shall be in Sangamon County. The Administrative Review Law and
all amendments and modifications thereof, and the rules adopted
thereto, apply to and govern all proceedings for the judicial
review of final administrative decisions of the Department
hereunder.
    (c) Until the order has been reviewed and at all times
during the appeal process, the owner shall comply with the
requirements set forth by the Administrator, the court, or the
Director.
    (d) At any time after a final order has been entered, the
owner may petition the circuit court to reverse the designation
of dangerous dog.
(Source: P.A. 93-548, eff. 8-19-03.)
 
    (510 ILCS 5/15.4 new)
    Sec. 15.4. Potentially dangerous dog. A dog found running
at large and unsupervised with 3 or more other dogs may be
deemed a potentially dangerous dog by the animal control warden
or administrator. Potentially dangerous dogs shall be spayed or
neutered and microchipped within 14 days of reclaim. The
designation of "potentially dangerous dog" shall expire 12
months after the most recent violation of this Section. Failure
to comply with this Section will result in impoundment of the
dog or a fine of $500.