Public Act 099-0310
 
HB4029 EnrolledLRB099 09451 AMC 29658 b


  
    AN ACT concerning regulation.
  
 
    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 
Sections 2, 3.4, and 10 and  by adding Sections 3.6 and 3.7 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.

    "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. 95-550, eff. 6-1-08.)

 
    (225 ILCS 605/3.4)
    Sec. 3.4. Transfer Release of animals between to shelters. 
An animal shelter or animal control facility may not release 
any animal to an individual representing an animal shelter, 
unless (1) the recipient animal shelter 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 who is transferring the animal out of 
the State of Illinois.

(Source: P.A. 96-314, eff. 8-11-09.)
 
    (225 ILCS 605/3.6 new)
    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 prior to adoption, transfer, or 
euthanization. Prior to transferring any stray dog or cat to 
another humane shelter or 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, 
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.
 
    (225 ILCS 605/3.7 new)
    Sec. 3.7. Redemption of stray dogs and cats from animal 
shelters.
Any owner, agent, or caretaker wishing to make 
redemption of a dog or cat held by a shelter under the 
provisions of subsection (c) of Section 3.6 of this Act may do 
so by doing the following:
        (1) paying the shelter for the board of the dog or cat 
    for the period the shelter was in possession of the animal; 
    the daily boarding rate shall not exceed the daily boarding 
    rate of the animal control agency in the jurisdiction in 
    which the shelter is located; and
        (2) paying the shelter for reasonable costs of 
    veterinary care, if applicable.
    The shelter has the option to waive any fees or veterinary 
costs.
 



    (225 ILCS 605/10)  (from Ch. 8, par. 310)



    Sec. 10. Grounds for discipline. The Department may refuse 
to issue or
renew or may suspend or
revoke a license on any one 
or more of the following grounds:

    a. Material misstatement in the application for original 
license or in
the application for any renewal license under 
this Act;

    b. A violation of this Act or of any regulations
or
rules 
issued pursuant thereto;

    c. Aiding or abetting another in the violation of this Act 
or
of any regulation or rule issued pursuant thereto;

    d. Allowing one's license under this Act to be used by an 
unlicensed
person;

    e. Conviction of any crime an essential element of which is

misstatement, fraud or dishonesty or conviction of any felony, 
if the
Department determines, after investigation, that such 
person has not been
sufficiently rehabilitated to warrant the 
public trust;

    f. Conviction of a violation of any law of Illinois except 
minor
violations such as traffic violations and violations not 
related to the
disposition of dogs, cats and other animals or 
any rule or regulation of
the Department relating to dogs or 
cats and sale thereof;

    g. Making substantial misrepresentations or false promises 
of a
character likely to influence, persuade or induce in 
connection with the
business of a licensee under this Act;

    h. Pursuing a continued course of misrepresentation of or 
making false
promises through advertising, salesman, agents or 
otherwise in connection
with the business of a licensee under 
this Act;

    i. Failure to possess the necessary qualifications or to 
meet the
requirements of the Act for the issuance or holding a 
license; or

    j. Proof that the licensee is guilty of gross negligence,

incompetency, or cruelty with regard to animals.

    The Department may refuse to issue or may suspend the 
license
of any person who fails to file a return, or to pay the 
tax, penalty or
interest shown in a filed return, or to pay any 
final assessment of tax,
penalty or interest, as required by 
any tax Act administered by the
Illinois Department of Revenue, 
until such time as the requirements of any
such tax Act are 
satisfied.

    The Department may order any licensee to cease operation 
for a period not
to exceed 72 hours to correct deficiencies in 
order to meet licensing
requirements.

    If the Department revokes a license under this Act at an 
administrative hearing, the licensee and any individuals 
associated with that license shall be prohibited from applying 
for or obtaining a license under this Act for a minimum of 3 
years. 
(Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97; 
90-403, eff.
8-15-97.)