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Public Act 100-0870
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| SB2380 Enrolled | LRB100 17903 SMS 33087 b |
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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, |
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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 |
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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 |
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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 |
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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 |
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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.)
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(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 |
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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 |
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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 |
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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; |
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(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. |
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(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.
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Section 10. The Animal Control Act is amended by changing |
Sections 3.5, 5, and 11 as follows:
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(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. |
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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 |
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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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