SB3120sam001 96TH GENERAL ASSEMBLY

Sen. Pamela J. Althoff

Filed: 3/15/2010

09600SB3120sam001 LRB096 20172 ASK 38216 a

AMENDMENT TO SENATE BILL 3120

AMENDMENT NO. ______. Amend Senate Bill 3120 by replacing everything after the enacting clause with the following:

"Section 5. The Animal Welfare Act is amended by changing Sections 2, 2.2, 3, 3.1, 3.2, 5, 6, 6.5, 7, 8, 9, 10, 16, 18, 18.1, 20, 20.5, and 21 and by adding Section 2.3 as follows:

(225 ILCS 605/2) (from Ch. 8, par. 302)

Sec. 2. Definitions. As used in this Act unless the context otherwise requires:

"Adoption" means the acceptance of ownership of an animal that is in the custody of an animal shelter, animal rescue, humane society, foster home, or animal control or that is no longer considered sellable or being offered for sale by a pet shop or breeder.

"Department" means the Illinois Department of Agriculture.

"Director" means the Director of the Illinois Department of Agriculture.

"Pet shop operator" means any person other than an animal control facility, veterinary hospital, animal shelter, or records-only animal shelter who sells, offers to sell, exchanges 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 or she 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 breeder" means any person other than an animal control facility, veterinary hospital, animal shelter, or records-only animal shelter who sells, offers to sell, exchanges, or offers for adoption with or without charge or donation dogs that he or she has produced and raised. A person who owns, has possession of, or harbors 5 or fewer females capable of reproduction shall not be considered a dog breeder unless that person is required be licensed under the federal Animal Welfare Act (7 U.S.C 2131).

"Dog daycare provider" means any person other than an animal control facility, veterinary hospital, animal shelter, or records-only animal shelter who operates an establishment for a fee or compensation where dogs are maintained in a communal environment with dogs from other households for less than 24 continuous hours.

"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 other than an animal control facility, animal shelter, or records-only animal shelter who sells only dogs that he or she 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.

"Female capable of reproduction" means any intact female over the age of one year and under the age of 8 years.

"Hobby breeder" means any person who has possession of or harbors more than 5 but fewer than 26 female dogs capable of reproduction and who sells, offers to sell, exchanges, or offers for adoption with or without charge or donation dogs that he or she has produced and raised.

"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 24 continuous hours or longer 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.

"Large-scale breeder" means any person who has possession of or harbors 26 or more female dogs capable of reproduction and who sells, offers to sell, exchanges, or offers for adoption with or without charge or donation dogs that he or she has produced and raised.

"Cattery operator" means any person other than an animal control facility, veterinary hospital, animal shelter, or records-only animal shelter 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, exchanges exchange, or offers for adoption with or without charge or donation charges cats that which he or she has produced and raised. A person who owns, has possession of, or harbors 5 or fewer 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.

"Records-only animal shelter" means a duly incorporated humane society, animal welfare society, or other non-profit organization that provides for and promotes the welfare, protection, and humane treatment of animals by housing and maintaining the animals at foster homes permitted under this Act.

"Foster home" means an entity that accepts the responsibility for stewardship of animals that are the obligation of an animal shelter, records-only animal shelter, or animal control facility. , not to exceed 4 animals at any given time. Permits to operate as a "foster home" shall be obtained from issued through the animal shelter, records-only animal shelter, or animal control facility that applies to the Department for the permit on behalf of the foster home.

"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. 95-550, eff. 6-1-08.)

(225 ILCS 605/2.2) (from Ch. 8, par. 302.2)

Sec. 2.2. Age restrictions on dogs and cats for sale; maintenance of records.

(a) No dog dealer, dog breeder, pet shop operator, kennel operator, or cattery operator shall sell 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.

(b) All licensees under this Act shall maintain records of the origin and sale or adoption of all dogs and cats, 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 or cat 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.

(Source: P.A. 89-178, eff. 7-19-95.)

(225 ILCS 605/2.3 new)

Sec. 2.3. Restrictions on purchase of dogs and cats by pet shop operators. A pet shop operator may only purchase a dog or cat from a dog dealer, large-scale dog breeder, cattery operator, or other pet shop operator that is licensed under this Act or the federal Animal Welfare Act (7 U.S.C. 2131).

(225 ILCS 605/3) (from Ch. 8, par. 303)

Sec. 3. Unlicensed activity; types of licenses; exemptions.

(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, dog daycare provider, hobby breeder, large-scale breeder, or cattery operator, or operate a guard dog service, an animal control facility, an animal shelter, or a records-only animal shelter or any combination thereof, in this State without a license therefor issued by the Department.

(a-5) A separate license shall be required to operate each of the businesses listed in subsection (a) of this Section. 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 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 used within this State.

(a-10) The Department shall issue the following types of licenses under this Act for pet shop operators:

(1) A Type I licensee may sell, offer to sell, exchange, or offer for adoption with or without charge or donation dogs, cats, birds, fish, reptiles, and other animals customarily obtained as pets in this State.

(2) A Type II licensee may sell, offer to sell, exchange, or offer for adoption with or without charge or donation birds, fish, reptiles, and other animals customarily obtained as pets in this State, but not dogs or cats.

(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.

(Source: P.A. 95-613, eff. 9-11-07.)

(225 ILCS 605/3.1) (from Ch. 8, par. 303.1)

Sec. 3.1. Information on dogs and cats for sale or adoption.

(a) Every pet shop operator, dog dealer, dog breeder, animal shelter, records-only animal shelter, and cattery operator shall provide the following information upon request for every dog or cat available for sale or adoption:

(1) (a) The age, sex, color, and weight of the animal.

(2) (b) The breed of the animal.

(3) (c) A record of vaccinations and veterinary care and treatment. If vaccinations or veterinary care were provided by a veterinarian, then the date examined, the dates that any medication was administered, and the name and business address of the veterinarian who provided the services.

(4) (d) A record of surgical sterilization or lack of surgical sterilization.

(5) (e) The name, and address, Illinois license number, and, if applicable, USDA certificate number of the breeder of the animal.

(6) (f) The name, and address, Illinois license number, and, if applicable, USDA certificate number of any other person who owned or harbored the animal between its birth and the point of sale.

(7) If eligible for registration with a pedigree registry, then the name and registration numbers of the sire and dam and the address of the pedigree registry where the sire and dam are registered.

(b) A purchaser or adopter must be provided with a copy of the "Buying or Adopting a New Pet" pamphlet. The pamphlet shall be created by and be in such format as may be prescribed by the Department. The purchaser or adopter must initial a statement verifying that he or she has received and read the pamphlet prior to the sale. A copy of the initialed statement shall be maintained by the licensee for a period of 12 months after the sale.

(Source: P.A. 87-819.)

(225 ILCS 605/3.2)

Sec. 3.2. Foster homes. A person shall not operate a foster home without first obtaining a permit from the animal shelter, records-only 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, records-only animal shelter, or animal control facility, the Department shall issue a foster home permit permits to the animal shelter, records-only animal shelter, or animal control facility. The animal shelter, records-only animal shelter, or animal control facility shall be responsible for the records and have all the obligations of stewardship for animals in the foster home for which it obtained a permit from the Department homes to which it issues permits. By applying to the Department and obtaining a foster home permit, the animal shelter, records-only animal shelter, or animal control facility certifies that the foster home meets the requirements of this Act.

Foster homes shall provide the care for animals required by this Act and shall report any deviation that might affect the status of the license or permit to the animal shelter, records-only animal shelter, or animal control facility.

A foster home shall not care for more than 4 fostered animals at any one time. A mother and all of her offspring that are under 3 months of age shall be considered a single fostered animal. An equine mother and all of her offspring that are under the age of one year shall be considered a single fostered animal.

(Source: P.A. 89-178, eff. 7-19-95.)

(225 ILCS 605/5) (from Ch. 8, par. 305)

Sec. 5. Application by individual for licensure; pre-licensing inspection.

(a) Applications by individuals for original licenses shall be made to the Department, shall be in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable. An incomplete application shall be returned to the applicant for completion. Any such application shall require such information as in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for a license.

(b) The application It shall include, but need not be limited to, information concerning age, citizenship, present residence, and location of the business for which a license is being applied for licensed under this Act. The application shall also include, if applicable, the following information: , including

(1) the location of all proposed foster homes; ,

(2) a description of facilities to be used; ,

(3) the applicant's present and previous business connections and experience; , bank and

(4) professional references; ,

(5) whether any license of the applicant under this Act or any federal, state, county or local law, ordinance or regulation, relating to dealing in or handling dogs or cats, ever was suspended or revoked; and

(6) whether the applicant ever has been convicted of a felony.

(c) A Such felony conviction may be taken into consideration by the Department in determining qualifications for licensing but shall not operate as a bar to licensing.

(d) The Department must complete a pre-licensing inspection to determine compliance with this Act. A license may not be issued until the applicant is in full compliance with this Act. No license shall be issued until all fines assessed against the applicant under this Act have been paid to the Department.

(Source: P.A. 89-178, eff. 7-19-95.)

(225 ILCS 605/6) (from Ch. 8, par. 306)

Sec. 6. Application by partnership or corporation for licensure; pre-licensing inspection.

(a) Applications by partnerships or corporations for original licenses shall be made to the Department, shall be in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable. An incomplete application shall be returned to the applicant for completion. Any such application shall list, but need not be limited to, the name of each partner, if a partnership, each director and officer, if a corporation, its address, and its financial resources, and shall indicate and list the partners, directors or officers, as the case may be, or other persons authorized to represent or act for it under this Act.

(b) The Department must complete a pre-licensing inspection to determine the applicant's compliance with this Act. A license may not be issued until the applicant is in full compliance with this Act. No license shall be issued until all fines assessed against the applicant under this Act have been paid to the Department.

(Source: P.A. 81-198.)

(225 ILCS 605/6.5)

Sec. 6.5. Termination of application; forfeiture of license fee. Failure of any applicant to meet all of the requirements for compliance within 60 days after the pre-licensing inspection conducted by the Department of receipt of a license application shall result in termination of the application and forfeiture of the license fee.

(Source: P.A. 90-385, eff. 8-15-97; 90-403, eff. 8-15-97.)

(225 ILCS 605/7) (from Ch. 8, par. 307)

Sec. 7. Application for renewal of license. Applications for renewal licenses shall be made to the Department, 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 and shall be accompanied by the required fee, which shall not be returnable. An incomplete application shall be returned to the applicant for completion.

(Source: P.A. 81-198.)

(225 ILCS 605/8) (from Ch. 8, par. 308)

Sec. 8. Non-resident applicant for licensure or renewal of license. Each non-resident applicant for an original license or renewal license, except a foreign corporation, shall file with the Department an irrevocable consent that actions against the applicant may be filed in any appropriate court of any county or municipality of this State in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose and that process in any action may be served on the applicant by leaving 2 copies thereof with the Director. Such consent shall stipulate and agree that such service of process shall be taken and held to be valid and binding for all purposes. The Director shall send forthwith one copy of such process to the applicant at the address shown on the records of the Department by registered mail. No foreign corporation shall receive a license under this Act until it has been authorized to do business in this State by the Secretary of State. A non-resident applicant shall provide proof of licensure in his or her home state by the licensing authority of that state or a USDA license number.

(Source: Laws 1965, p. 2956.)

(225 ILCS 605/9) (from Ch. 8, par. 309)

Sec. 9. License expiration; display; issuance.

(a) Each license shall be issued for the term of one fiscal year or for such part thereof as remains at the time of the issuance of the license. Each license shall be renewed during the month of June of each year. Each license not renewed during June of each year shall expire on June 30 of that year.

(b) A license must be prominently displayed at each place of business of the licensee. Where the licensee conducts business at more than one address, branch office licenses shall be issued on payment of the required fee.

(c) Each license shall be signed by the Director of the Department or his or her designee and shall be issued under the seal of the Department.

(Source: P.A. 79-997.)

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

Sec. 10. Grounds for discipline.

(a) The Department may refuse to issue or renew or may suspend or revoke a license on any one or more of the following grounds:

(1) a. Material misstatement or intentional misrepresentation of fact in the application for original license or in the application for any renewal license under this Act;

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

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

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

(5) 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;

(6) 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;

(7) 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;

(8) 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;

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

(10) j. Proof that the licensee is guilty of gross negligence, incompetency, or cruelty with regard to animals.

(b) 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.

(c) 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.

(Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97; 90-403, eff. 8-15-97.)

(225 ILCS 605/16) (from Ch. 8, par. 316)

Sec. 16. Surrender of license; transfer of animals.

(a) Upon the relinquishment, revocation, or suspension of any license, the licensee shall forthwith surrender the license and any branch office licenses to the Department, and if the licensee fails to do so, the Department shall have the right to seize the same.

(b) At the direction of the Department, any licensee whose license is relinquished, revoked, or placed on suspension for more than 3 months, has up to one week from the relinquishment, revocation, or suspension to relinquish ownership and control of all animals under his or her possession or control to a facility licensed under this Act. Animals may be relinquished or transferred to unlicensed persons or facilities only with written permission from the Department.

Failure to comply with this subsection (b) shall result in the immediate seizure of all the animals by the Department and transfer of the animals to a licensee or licensees designated by the Department. A licensee who voluntarily relinquishes his or her license because he or she no longer desires to be licensed under this Act and does not meet the requirements for licensure under this Act shall be exempt from this subsection (b).

(Source: Laws 1965, p. 2956.)

(225 ILCS 605/18) (from Ch. 8, par. 318)

Sec. 18. Requirements.

(a) The licensee shall:

(1) a. Maintain sanitary conditions.

(2) b. Insure proper ventilation.

(3) c. Provide adequate nutrition.

(4) d. Provide humane care and treatment of all animals under his or her jurisdiction.

(5) Seek veterinary care for seriously ill or injured animals, which may include euthanasia.

(6) Maintain current rabies vaccination records of all dogs 16 weeks of age and older in the possession of the licensee.

(7) Maintain records as prescribed by the Department.

(8) e. Take reasonable care to release for sale, trade, or adoption only those animals which are free of disease, injuries or abnormalities. A health certificate, meeting the requirements of the Department and issued by a licensed veterinarian for any such animal within 5 days before such sale, trade or adoption is prima facie evidence that the licensee has taken reasonable care, as required by this paragraph.

(b) f. Inspection of the premises of a licensee to determine compliance with this Act may be made only by the Department.

(Source: P.A. 78-900.)

(225 ILCS 605/18.1)

Sec. 18.1. Sale or gift of reptiles and other animals.

(a) A pet shop shall not sell a reptile, offer a reptile for sale or adoption, or offer a reptile as a gift or promotional consideration unless a notice regarding safe reptile-handling practices that meets the requirements in subsection (b) is (i) prominently displayed at each location in the pet shop where reptiles are displayed, housed, or held and (ii) distributed to the purchaser or recipient.

(b) The notice regarding safe reptile-handling practices shall be one of the following:

(1) a notice provided at no charge by the Illinois Department of Public Health; or

(2) a notice that has the dimensions of at least 8.5 inches by 11 inches, that uses fonts that are clearly visible and readily draw attention to the notice, and that contains all of the following statements:

(A) "As with many other animals, reptiles carry salmonella bacteria, which can make people sick. Safe reptile-handling steps should be taken to reduce the chance of infection."

(B) "Always wash your hands thoroughly after you handle your pet reptile, its food, and anything it has touched."

(C) "Keep your pet reptile and its equipment out of the kitchen or any area where food is prepared. Kitchen sinks should not be used to bathe reptiles or wash their dishes, cages, or aquariums. If a bathtub is used for these purposes, it should be cleaned thoroughly and disinfected with bleach."

(D) "Don't nuzzle or kiss your pet reptile."

(E) "Keep reptiles out of homes where there are children under 5 years of age or people with weakened immune systems. Children under 5 years of age or people with weakened immune systems should avoid contact with reptiles."

(F) "Pet reptiles should not be allowed in child care centers."

(G) "Pet reptiles should not be allowed to roam freely throughout the home or living area."

(Source: P.A. 91-741, eff. 1-1-01.)

(225 ILCS 605/20) (from Ch. 8, par. 320)

Sec. 20. Any person violating any provision of this Act or any rule, regulation or order of the Department issued pursuant to this Act is guilty of a Class C misdemeanor and every day a violation continues constitutes a separate offense.

(Source: P.A. 89-178, eff. 7-19-95.)

(225 ILCS 605/20.5)

Sec. 20.5. Administrative fines.

(a) The following administrative fines may 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.

(4) For a fourth violation that occurs within 3 years after the first violation, a fine of $5,000 and an immediate 12-month suspension.

(5) For a violation that occurs within 3 years after any suspension, an immediate revocation of the license and ban from licensure under this Act for 5 years.

(b) Fines shall be paid within 30 days after entry of the final administrative decision by the Department.

(c) A warning may be issued in lieu of a fine if deemed appropriate by the Department.

(Source: P.A. 95-550, eff. 6-1-08.)

(225 ILCS 605/21) (from Ch. 8, par. 321)

Sec. 21. Fees.

(a) The following non-refundable fees shall accompany each application for a license or permit , which fees shall not be returnable:

(1) Pet shop operator

(A) Type I license ..............................$200

(B) Type II license .............................$100

(2) Dog breeder

(A) Breeder license ............................$50

(B) Large-scale breeder license .................$150

(3) Cattery operator .................................$50

(4) Dog dealer ......................................$150

(5) Dog daycare provider ............................$150

(6) Kennel operator .................................$150

(7) Animal shelter ..................................$100

(8) Records-only animal shelter .....................$100

(9) Animal control facility ..........................$50

a. for an original license to an individual ......... $25

b. for an original license to a partnership or

corporation ................................. $25

c. for an annual renewal license .................... $25

d. for each branch office license ................... $25

e. for the renewal of any

license not renewed by

July 1 of the year

......................................................... $40

(10) f. for a permit for a foster home .............. $25

(11) g. for renewal of a permit for a foster home ... $25

(b) If multiple licenses are issued to a licensee, then the maximum fee charged shall not exceed $250. If a license is not renewed by July 1 of the year, then the renewal fee shall be double the initial license fee.

(Source: P.A. 89-178, eff. 7-19-95.)

(225 ILCS 605/13 rep.)

Section 10. The Animal Welfare Act is amended by repealing Section 13.".