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| Public Act 100-0870 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Animal Welfare Act is amended by changing | ||||
Sections 2, 3.2, 3.4, 3.6, and 7 and by adding Section 7.1 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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"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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"Foster home" means an entity that accepts the | ||
responsibility for
stewardship of animals that are the | ||
obligation of an animal shelter or animal control facility, not | ||
to
exceed 4 animals at any given time. Permits to operate as a | ||
"foster home"
shall be issued through the animal shelter or | ||
animal control facility.
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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 605/3.2)
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Sec. 3.2. Foster homes. A person shall not operate a foster | ||
home without
first obtaining a permit from the animal shelter | ||
or animal control facility for which that person will
operate | ||
the foster home. Upon application and payment of the required | ||
fees by
the animal shelter, the Department shall issue foster | ||
home permits to the
animal shelter. The animal shelter shall be | ||
responsible for the records and
have all the obligations of | ||
stewardship for animals in the foster homes to
which it issues | ||
permits.
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Foster homes shall provide the care for animals
required by | ||
this Act and shall report any deviation that might affect the
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status of the license or permit to the animal shelter.
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A foster home shall not care for more than 4 animals at any | ||
one time.
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(Source: P.A. 89-178, eff. 7-19-95.)
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(225 ILCS 605/3.4) | ||
Sec. 3.4. Transfer of animals between shelters. An animal | ||
shelter or animal control facility may not release any animal | ||
to an individual representing an animal shelter or animal | ||
control facility, unless (1) the recipient animal shelter or | ||
animal control facility has been licensed or has a foster care | ||
permit issued by the Department or (2) the individual is a | ||
representative of a not-for-profit, out-of-State organization | ||
or out-of-State animal control facility or animal shelter who | ||
is transferring the animal out of the State of Illinois.
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(Source: P.A. 99-310, eff. 1-1-16.) | ||
(225 ILCS 605/3.6) | ||
Sec. 3.6. Acceptance of stray dogs and cats. | ||
(a) No animal shelter may accept a stray dog or cat unless | ||
the animal is reported by the shelter to the animal control or | ||
law enforcement of the county in which the animal is found by | ||
the next business day. An animal shelter may accept animals | ||
from: (1) the owner of the animal where the owner signs a | ||
relinquishment form which states he or she is the owner of the | ||
animal; (2) an animal shelter licensed under this Act; or (3) | ||
an out-of-state animal control facility, rescue group, or | ||
animal shelter that is duly licensed in their state or is a | ||
not-for-profit organization. | ||
(b) When stray dogs and cats are accepted by an animal | ||
shelter, they must be scanned for the presence of a microchip | ||
and examined for other currently-acceptable methods of | ||
identification, including, but not limited to, identification | ||
tags, tattoos, and rabies license tags. The examination for | ||
identification shall be done within 24 hours after the intake | ||
of each dog or cat. The animal shelter shall notify the owner | ||
and transfer any dog with an identified owner to the animal | ||
control or law enforcement agency in the jurisdiction in which | ||
it was found or the local animal control agency for redemption. | ||
(c) If no transfer can occur, the animal shelter shall make | ||
every reasonable attempt to contact the owner, agent, or | ||
caretaker as soon as possible. The animal shelter shall give | ||
notice of not less than 7 business days to the owner, agent, or | ||
caretaker prior to disposal of the animal. The notice shall be | ||
mailed to the last known address of the owner, agent, or | ||
caretaker. Testimony of the animal shelter, or its authorized | ||
agent, who mails the notice shall be evidence of the receipt of | ||
the notice by the owner, agent, or caretaker of the animal. A | ||
mailed notice shall remain the primary means of owner, agent, | ||
or caretaker contact; however, the animal shelter shall also | ||
attempt to contact the owner, agent, or caretaker by any other | ||
contact information, such as by telephone or email address, | ||
provided by the microchip or other method of identification | ||
found on the dog or cat. If the dog or cat has been | ||
microchipped and the primary contact listed by the chip | ||
manufacturer cannot be located or refuses to reclaim the dog or | ||
cat, an attempt shall be made to contact any secondary contacts | ||
listed by the chip manufacturer or the purchaser of the | ||
microchip if the purchaser is a nonprofit organization, animal | ||
shelter, animal control facility, pet store, breeder, or | ||
veterinary office prior to adoption, transfer, or | ||
euthanization. Prior to transferring any stray dog or cat to | ||
another humane shelter, pet store, rescue group, or | ||
euthanization, the dog or cat shall be scanned again for the | ||
presence of a microchip and examined for other means of | ||
identification. If a second scan provides the same identifying | ||
information as the initial intake scan and the owner, agent, or | ||
caretaker has not been located or refuses to reclaim the dog or | ||
cat, the animal shelter may proceed with adoption, transfer, or | ||
euthanization. | ||
(d) When stray dogs and cats are accepted by an animal | ||
shelter and no owner can be identified, the shelter shall hold | ||
the animal for the period specified in local ordinance prior to | ||
adoption, transfer, or euthanasia. The animal shelter shall | ||
allow access to the public to view the animals housed there. If | ||
a dog is identified by an owner who desires to make redemption | ||
of it, the dog shall be transferred to the local animal control | ||
for redemption. If no transfer can occur, the animal shelter | ||
shall proceed pursuant to Section 3.7. Upon lapse of the hold | ||
period specified in local ordinance and no owner can be | ||
identified, ownership of the animal, by operation of law, | ||
transfers to the shelter that has custody of the animal. | ||
(e) No representative of an animal shelter may enter | ||
private property and remove an animal without permission from | ||
the property owner and animal owner, nor can any representative | ||
of an animal shelter direct another individual to enter private | ||
property and remove an animal unless that individual is an | ||
approved humane investigator (approved by the Department) | ||
operating pursuant to the provisions of the Humane Care for | ||
Animals Act. | ||
(f) Nothing in this Section limits an animal shelter and an | ||
animal control facility who, through mutual agreement, wish to | ||
enter into an agreement for animal control, boarding, holding, | ||
measures to improve life-saving, or other services provided | ||
that the agreement requires parties adhere to the provisions of | ||
the Animal Control Act, the Humane Euthanasia in Animal | ||
Shelters Act, and the Humane Care for Animals Act.
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(Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17.)
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(225 ILCS 605/7) (from Ch. 8, par. 307)
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Sec. 7.
Applications for renewal licenses shall be made to | ||
the
Department in a manner , shall be in writing on forms | ||
prescribed by the
Department, shall contain such information as | ||
will enable the Department
to determine if the applicant is | ||
qualified to continue to hold a license, shall report beginning | ||
inventory and intake and outcome statistics from the previous | ||
calendar year, and shall be accompanied by the required fee, | ||
which shall not be
returnable. The report of intake and outcome | ||
statistics shall include the following:
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(1) The total number of dogs, cats, and other animals, | ||
divided into species, taken in by the animal shelter or animal | ||
control facility, in the following categories: | ||
(A) surrendered by owner; | ||
(B) stray; | ||
(C) impounded other than stray; | ||
(D) confiscated under the Humane Care for Animals Act; | ||
(E) transfer from other licensees within the State; | ||
(F) transferred into or imported from out of the State; | ||
(G) transferred into or imported from outside the | ||
country; and | ||
(H) born in shelter or animal control facility. | ||
(2) The disposition of all dogs, cats, and other animals | ||
taken in by the animal shelter or animal control facility, | ||
divided into species. This data must include dispositions by: | ||
(A) reclamation by owner; | ||
(B) adopted or sold; | ||
(C) euthanized; | ||
(D) euthanized per request of the owner; | ||
(E) died in custody; | ||
(F) transferred to another licensee; | ||
(G) transferred to an out-of-State nonprofit agency; | ||
(H) animals missing, stolen, or escaped; | ||
(I) animals released in field; trapped, neutered, | ||
released; and | ||
(J) ending inventory; shelter count at end of the last | ||
day of the year. | ||
The Department shall not be required to audit or validate | ||
the intake and outcome statistics required to be submitted | ||
under this Section. | ||
(Source: P.A. 81-198.)
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(225 ILCS 605/7.1 new) | ||
Sec. 7.1. Department reporting. The Department shall post | ||
on its website the name of each licensed animal control | ||
facility or animal shelter and all the reported intake and | ||
outcome statistics required under paragraphs (1) and (2) of | ||
Section 7 of this Act by December 31, 2020 and by December 31 | ||
of each year thereafter. | ||
Section 10. The Animal Control Act is amended by changing | ||
Sections 3.5, 5, and 11 as follows: | ||
(510 ILCS 5/3.5) | ||
Sec. 3.5. County animal population fund use limitation. | ||
Funds from the $10 set aside of the differential under Section | ||
3 of this Act that is placed in the county animal population | ||
control fund may only be used to (1) spay, neuter, vaccinate, | ||
or sterilize adopted dogs or cats; (2) spay, neuter, or | ||
vaccinate dogs or cats owned by low income county residents who | ||
are eligible for the Food Stamp Program or Social Security | ||
Disability Benefits Program; or (3) spay, neuter, and vaccinate | ||
feral cats in programs recognized by the county or a | ||
municipality. This Section does not apply to a county with | ||
3,000,000 or more inhabitants.
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(Source: P.A. 100-405, eff. 1-1-18.)
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(510 ILCS 5/5) (from Ch. 8, par. 355)
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Sec. 5. Duties and powers.
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(a) It shall be the duty of the Administrator or the Deputy
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Administrator, through sterilization,
humane education, rabies
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inoculation, stray control, impoundment, quarantine, and any | ||
other means deemed
necessary, to control and prevent the spread | ||
of rabies and
to exercise dog and cat overpopulation control. | ||
It
shall
also be the duty of the Administrator to investigate | ||
and substantiate all
claims made under Section 19 of this Act. | ||
The duty may include return, adoption, transfer to rescues or | ||
other animal shelters, and any other means of ensuring live | ||
outcomes of homeless dogs and cats and through sterilization, | ||
community outreach, impoundment of pets at risk and any other | ||
humane means deemed necessary to address strays and ensure live | ||
outcomes for dogs and cats that are not a danger to the | ||
community or suffering irremediably.
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(b) Counties may by ordinance determine the extent of the | ||
police powers
that may be exercised by the Administrator, | ||
Deputy Administrators, and Animal
Control Wardens, which
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powers shall pertain only to this Act. The Administrator, | ||
Deputy
Administrators, and Animal Control Wardens may issue and | ||
serve citations and
orders for violations of
this Act. The
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Administrator, Deputy Administrators, and Animal Control | ||
Wardens may not
carry weapons unless they have been
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specifically authorized to carry weapons by county ordinance. | ||
Animal Control
Wardens, however, may use tranquilizer guns and | ||
other nonlethal weapons and
equipment without specific
weapons | ||
authorization.
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A person authorized to carry firearms by county ordinance | ||
under this
subsection must have completed the training course | ||
for peace officers
prescribed in the Peace Officer and | ||
Probation Officer Firearm Training Act. The cost of this
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training
shall be paid by the county.
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(c) The sheriff and all sheriff's deputies and municipal
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police officers shall cooperate with the Administrator and his | ||
or her
representatives in carrying out the
provisions of this | ||
Act.
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(d) The Administrator and animal control wardens shall aid | ||
in the enforcement of the Humane Care for Animals Act and have | ||
the ability to impound animals and apply for security posting | ||
for violation of that Act.
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(Source: P.A. 98-725, eff. 1-1-15.)
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(510 ILCS 5/11) (from Ch. 8, par. 361)
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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 or chip purchaser if | ||
the purchaser was a nonprofit organization, animal shelter, | ||
animal control facility, pet store, breeder, or veterinary | ||
office 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, the animal may 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 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
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agreement promising to have such service performed, including
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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 | ||
county Pet Population Control Fund on a yearly basis. This Act | ||
shall not
prevent humane societies or animal shelters 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, animal shelter, or animal control | ||
facility. The Department may suspend or
revoke the license of
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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.
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(Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08.)
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