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Public Act 100-0842
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| HB5029 Enrolled | LRB100 16345 SLF 31471 b |
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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 |
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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, |
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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 |
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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
the |
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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 |
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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 |