SB3078sam001 101ST GENERAL ASSEMBLY

Sen. Cristina Castro

Filed: 3/4/2020

10100SB3078sam001 LRB101 16024 CMG 71078 a

AMENDMENT TO SENATE BILL 3078

AMENDMENT NO. ______. Amend Senate Bill 3078 by replacing everything after the enacting clause with the following:

"Section 5. The Animal Welfare Act is amended by changing Section 2 and by adding Sections 21.5, 21.10, 21.15, and 21.20 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.

"Boarding" means a time frame greater than 12 hours or an overnight period during which an animal is kept by a kennel operator.

"Cat breeder" means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge cats that he or she has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a cat breeder.

"Dog breeder" means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge dogs that he has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a dog breeder.

"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. An organization that does not have its own building that maintains animals solely in foster homes or other licensees is an "animal shelter" for purposes of this Act. "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.

"Day care operator" means a person who operates an establishment, other than an animal control facility, veterinary hospital, or animal shelter, where dogs or dogs and cats are kept for a period of time not exceeding 12 hours.

"Foster home" means an entity that accepts the responsibility for stewardship of animals that are the obligation of an animal shelter or animal control facility, not to exceed 4 foster animals or 2 litters under 8 weeks of age at any given time. A written agreement to operate as a "foster home" shall be contracted with the animal shelter or animal control facility.

"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.

"Return" in return to field or trap, neuter, return program means to return the cat to field after it has been sterilized and vaccinated for rabies.

"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, vaccinate for rabies, and return program.

"Complete physical examination" means an examination performed by a licensed veterinarian in which the veterinarian determines the health and fitness of the animal and renders advice and recommendations pursuant to the Veterinary Medicine and Surgery Practice Act of 2004. "Complete physical examination" shall include at minimum a hands on examination, including a comprehensive physical examination, dental assessment, body condition scoring, and pain assessment.

"Animal" means any mammal, bird, fish, or reptile offered for sale, trade, or adoption or for which a service is provided by any person licensed under this Act.

"Companion animal" has that meaning ascribed to that term in the Humane Care for Animals Act.

"Enclosure" means the area where a dog or cat is confined. "Enclosure" includes, but is not limited to, cages, whelping boxes, and runs.

"Equine shelter" means an "animal shelter" as defined in this subsection that applies only to equines.

"Exotic or non-domesticated animals" means mammals including non-human primates, reptiles, and birds that are not native to North America and are not normally maintained livestock (llamas, ratites, cervids, and similar animals are considered livestock under this definition), or native mammals that are not domesticated and normally maintained as pets (i.e., prairie dogs). "Exotic or domesticated animals" does not include hamsters, guinea pigs, gerbils, any member of the species felis catus that has been domesticated, or canis familiaris.

"Thermoneutral zone" means the range of ambient temperature in which a dog or cat is able to maintain normal body temperature without a change in metabolic rate.

"Work progress form" means a form issued by the Department to a licensee or applicant that provides notice of deficiencies and the improvements required to be made within a specified period of time to comply with this Act.

(Source: P.A. 100-842, eff. 1-1-19; 100-870, eff. 1-1-19; 101-81, eff. 7-12-19; 101-295, eff. 8-9-19.)

(225 ILCS 605/21.5 new)

Sec. 21.5. Buildings and premises.

(a) All buildings and premises shall be maintained in a sanitary condition and the licensee shall:

(1) Have covered, leak-proof containers available for the storage of waste materials before disposal to control vermin and insects. The containers shall be maintained in a sanitary condition. This subsection (a)(1) does not apply to equine shelters.

(2) Dispose of dead animals in compliance with the Illinois Dead Animal Disposal Act pursuant to administrative rule or the Companion Animal Cremation Act. Compliance with these Acts shall not exempt a licensee from compliance with local ordinances.

(3) Take effective control measures to prevent the infestation of animals and premises with external parasites and vermin.

(4) Provide water from a source having sufficient pressure to properly sanitize and clean the facility and equipment. This subsection (a)(4) does not apply to equine shelters.

(5) Provide hand washing facilities.

(b) All buildings shall be constructed so as to provide adequate shelter for the comfort of the animals and shall provide adequate facilities for isolation of diseased animals and their waste to avoid exposure to healthy and salable animals.

(c) Floors of buildings, except in equine shelters, that have or display animals shall be of permanent construction to enable thorough cleaning and sanitizing. Dirt and unfinished wood floors are unacceptable, except in equine shelters. Cleaning shall be performed daily, or more often if necessary, to prevent any accumulation of debris, dirt, or waste.

(d) Enclosures shall be constructed of a material that is impervious to urine and water and able to withstand damage from gnawing and chewing. This subsection (d) does not apply to equine shelters. The floors of the enclosures must be constructed of a material that does not sag, bend, or bounce, and shall meet all of the following requirements:

(1) The enclosures must be cleaned and sanitized at least once daily, or more often if necessary.

(2) All empty enclosures shall be kept clean at all times.

(3) Enclosures shall be of sufficient size to allow the animal to comfortably stand, sit, lie, turn in a complete circle, and offer freedom of movement.

(4) An ambient temperature as defined in the rules for the Federal Animal Welfare Act (9 CFR 3.2) shall be maintained for warmblooded animals. In the case of coldblooded animals, the temperature that is compatible to the well-being of the species shall be maintained.

(5) The following requirements shall apply on or after December 31, 2021, for all enclosures that contain dogs and cats:

(A) Enclosure flooring must consist of a solid surface, slats or coated wire (PVC or vinyl) to decrease and prevent injury and decrease the detrimental health effects on the enclosed animals. Slats shall be appropriately spaced for the species and size of the animal and shall be constructed in a manner which prevents the animal's feet from getting trapped or injured.

(B) Enclosures may not be stacked on top of each other.

(C) Enclosures that are located indoors must be placed in facilities with adequate light and ventilation.

(6) On or after December 31, 2021, outdoor enclosures for dogs and cats must meet the requirements under paragraph (5) and the following additional requirements:

(A) If climatic or ambient temperatures pose a threat to the health and welfare of the dog or cat, effective measures must be taken to eliminate the threat.

(B) An outdoor enclosure shall not be used if the dog or cat is unable to tolerate the prevalent temperatures within the animal's thermoneutral zones.

(e) Runs shall be constructed of material of sufficient strength and design to confine the animals. This subsection (e) does not apply to equine shelters. Runs shall meet all of the following requirements:

(1) A run shall be kept in good repair and condition.

(2) For new construction or remodeling, the licensee shall provide runs surfaced with concrete or other impervious material.

(3) The surface of the run shall be designed to permit the surface to be cleaned, disinfected, and kept free from excessive accumulation of animal waste.

(4) Provisions must be made for adequate drainage. Adequate drainage must include gutters and provide for the discharge of any fluid or content into a sewer, septic tank, or filter field. The drainage system shall comply with any local zoning.

(f) Cages or aquariums for housing of small animals, birds, or fish shall provide space that is not less than 2 and one-half times the body volume of living creatures contained therein.

(g) If animals are group-housed, the animals shall be maintained in compatible groups without overcrowding. No female animal in estrus shall be placed in a pen with male animals, except for breeding purposes.

(h) Upon an inspection of a licensee or applicant by the Department, the Department may provide a Work Progress Form to the licensee or applicant if deficiencies are detected during the inspection. The licensee or applicant must make the improvements to correct the deficiencies listed in the form within the time period specified in the form.

(225 ILCS 605/21.10 new)

Sec. 21.10. General care of animals.

(a) All persons or establishments licensed under this Act shall comply with all sections of the Humane Care for Animals Act.

(b) Sufficient clean water and fresh food shall be offered to each animal daily as prescribed in the rules for the Federal Animal Welfare Act (9 CFR 3.5-3.7). In the case of young animals, they shall be fed more than once daily. Reptiles, fish, or amphibians shall be fed and cared for in accordance with the eating patterns and environmental conditions compatible with each individual species.

(c) The licensee or his representative shall be present for general care and maintenance of the animals at least once daily.

(d) Aquariums containing fish shall be kept in a clean healthful condition. Live algae shall not be considered an unhealthful condition. Any dead fish shall be removed from aquariums.

(e) Adult cats shall be provided with litter pans at all times. The pans shall be cleaned and sanitized at least once daily or more often if necessary.

(f) Equine shelters shall follow the American Association of Equine Practitioners Care Guidelines for Equine Rescue and Retirement Facilities published in 2004. The American Association of Equine Practitioners Care Guidelines for Equine Rescue and Retirement Facilities care guidelines shall be published on the Department's web site.

(g) Dog breeders, animal shelters, kennel operators, animal control facilities, foster homes, and pet shop operators shall provide grooming to prevent matting of coat and to prevent accumulation of fecal matter, urine, or any other material within the coat. Grooming shall include nail trimming to ensure that nails do not injure the dog or cat.

(h) Dog breeders, animal shelters, kennel operators, animal control facilities, foster homes, and pet shop operators shall comply with the Animal Control Act with regards to rabies inoculation. The innoculation certificate must be registered in the applicable county.

(i) Dog breeders, animal shelters, kennel operators, animal control facilities, foster homes, and pet shop operators shall provide dogs an opportunity for daily exercise. Exercise may consist of a play area, time in run, or leash walks. A daily log shall be maintained documenting daily exercise.

(j) Dog breeders, animal shelters, kennel operators, animal control facilities, foster homes, and pet shop operators shall ensure that they have a working relationship with a veterinarian who provides recommendations on vaccination and deworming protocols. Each animal shall receive a complete physical examination within 30 days of intake, and thereafter on an annual basis. A record of the complete physical examinations shall be available for inspection.

(225 ILCS 605/21.15 new)

Sec. 21.15. Records.

(a) A record of the sale of each animal, excluding fish, shall be maintained by the licensee for a minimum period of 12 months after date of sale or transfer of the animal. The record shall include the source of the animal, the date of sale, the sex of the animal sold, and the name and address of purchaser. A record of the sale of a small mammal, including hamsters, mice, gerbils, or rats that were born in the United States, birds, and fish is not required. These records must be available for inspection during normal business hours by Department employees or persons designated by the Department. Each licensee must report to the Department the number of dogs, puppies, cats, kittens, and exotic or non-domesticated animals sold for the previous calendar year at the time of license renewal. Shelters and animal control facilities must report to the Department the total number of dogs, cats, and other animals received, adopted, euthanized, or reclaimed by the owner for the previous calendar year at the time of license renewal.

(b) If a record of the prophylactic medication received by an animal is used in an advertisement or is furnished to the purchaser or person who acquires an animal, the record must include specific information regarding the type, amount, and date of prophylactic medication. The record shall be kept by the licensee and shall become a part of the retail sales record.

(c) The licensee or his representative shall furnish the purchaser of a dog, cat, or nonhuman primate a written statement at the time of sale. The statement shall include all of the following:

(1) The date of sale and date of birth, if known.

(2) The name, address, and telephone number of licensee.

(3) The name, address, and telephone number of purchaser.

(4) The breed and description of the dog, cat, or non-human primate, including age, sex, and weight of the animal.

(5) A description of each prophylactic immunization provided to the animal and the dates that each immunization was administered.

(6) A description of each internal parasite medication provided to the animal and the dates that each medication was administered.

(7) The record of sterilization of an animal or lack of sterilization.

(8) The guarantee, if offered, or a statement that no guarantee was offered to the purchaser.

(9) If the dog or cat sold to the purchaser is capable of registration, the name and registration numbers of the sire and dam and registry information.

(10) Include any other significant identification, if known, for each animal, including any official tag number, tattoo, or microchip.

This information may be recorded on Animal Welfare Release Statement or on a similar form prepared by the licensee and approved in advance by the Department.

(d) The licensee shall have any dog used as a breeding animal tested annually for canine brucellosis. The test must be performed by a licensed veterinarian and the licensee must keep a copy of the test results for two years.

(225 ILCS 605/21.20 new)

Sec. 21.20. Rules. The Department of Agriculture shall adopt such rules as it deems necessary to carry out this Act.".