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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3841
Introduced 2/16/2010, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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Amends the Animal Welfare Act. Provides that 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 the Act or the federal Animal Welfare Act. Provides for the licensure of dog daycare providers, hobby breeders, large-scale breeders, animal shelters, and records-only animal shelters. Places age restrictions on dogs and cats sold by dog breeders or pet shop operators. Requires certain licensees to provide certain specified information concerning the dog or cat upon the request of the purchaser or adopter. Requires the purchaser or adopter to be provided with a "Buying or Adopting a New Pet" pamphlet created by the Department. Provides that 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 the Act. Provides that the Department must complete a pre-licensing inspection to determine an applicant's compliance with the Act. Provides any licensee whose license is relinquished, revoked, or placed on suspension for more than 3 months, has one week to relinquish ownership and control of all animals under his or her possession or control to a facility licensed under the Act, with certain exceptions. Provides that the Department may issue a warning instead of a fine if deemed appropriate by the Department. Sets forth the fees for the various licenses under the Act. Defines "adoption", "dog breeder", "dog daycare provider", "female capable of reproduction", "hobby breeder", "large-scale breeder", and "records-only animal shelter". Makes other changes.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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SB3841 |
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LRB096 20893 ASK 36681 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Animal Welfare Act is amended by changing |
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| Sections 2, 2.2, 3, 3.1, 3.2, 5, 6, 6.5, 7, 8, 9, 10, 16, 18, |
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| 18.1, 20, 20.5, and 21 and by adding Section 2.3 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 |
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| otherwise
requires: |
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| "Adoption" means the acceptance of ownership of an animal
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| that is in the custody of an animal shelter, animal rescue,
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| humane society, foster home, or animal control or that is no
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| longer considered sellable or being offered for sale by a pet
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| shop or breeder. |
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| "Department" means the Illinois Department of Agriculture. |
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| "Director" means the Director of the Illinois Department of |
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| Agriculture. |
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| "Pet shop operator" means any person other than an animal
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| control facility, veterinary hospital, animal shelter, or
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| records-only animal shelter who sells, offers to sell, |
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| exchanges
exchange , or offers for adoption with or without |
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| charge or donation dogs,
cats, birds, fish, reptiles, or other |
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| animals customarily obtained as pets
in this State. |
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LRB096 20893 ASK 36681 b |
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| However, a person who sells only such animals that he or |
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| she has
produced and raised shall not be considered a pet shop |
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| operator under this
Act, and a veterinary hospital or clinic |
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| operated by a veterinarian or
veterinarians licensed under the |
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| Veterinary Medicine and Surgery Practice
Act of 2004 shall not |
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| be considered a pet shop operator under this
Act. |
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| "Dog breeder" means any person other than an animal control
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| facility, veterinary hospital, animal shelter, or records-only
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| animal shelter who sells, offers to sell, exchanges, or offers
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| for adoption with or without charge or donation dogs that he or |
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| she has produced
and raised. A person who owns, has possession |
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| of, or harbors 5
or fewer females capable of reproduction shall |
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| not be
considered a dog breeder unless that person is required |
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| be licensed under the federal Animal Welfare Act (7 U.S.C |
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| 2131). |
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| "Dog daycare provider" means any person other than an |
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| animal control
facility, veterinary hospital, animal shelter, |
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| or records-only
animal shelter who operates an establishment |
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| for a fee or
compensation where dogs are maintained in a |
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| communal
environment with dogs from other households for less |
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| than 24
continuous hours. |
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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 |
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| donation dogs in this State.
However, a person other than an |
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| animal control
facility, animal shelter, or records-only |
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| animal shelter who sells only dogs that he or she has produced |
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LRB096 20893 ASK 36681 b |
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| and raised shall
not be considered a dog dealer under this Act, |
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| and a veterinary hospital or
clinic operated by a veterinarian |
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| or veterinarians licensed under the
Veterinary Medicine and |
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| Surgery Practice Act of 2004
shall not be considered a dog |
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| dealer under this Act. |
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| "Female capable of reproduction" means any intact female
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| over the age of one year and under the age of 8 years. |
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| "Hobby breeder" means any person who has possession of or
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| harbors more than 5 but fewer than 26 female dogs capable of
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| reproduction and who sells, offers to sell, exchanges, or
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| offers for adoption with or without charge or donation dogs |
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| that he or she has
produced and raised. |
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| "Secretary of Agriculture" or "Secretary" means the |
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| Secretary of
Agriculture of the United States Department of |
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| Agriculture. |
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| "Person" means any person, firm, corporation, partnership, |
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| association
or other legal entity, any public or private |
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| institution, the State of
Illinois, or any municipal |
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| corporation or political subdivision of the
State. |
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| "Kennel operator" means any person who operates an |
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| establishment, other
than an animal control facility, |
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| veterinary hospital, or animal
shelter, where dogs or dogs and |
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| cats are maintained
for 24 continuous hours or longer for |
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| boarding, training , or similar purposes for a fee or |
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| compensation ; or
who sells, offers to sell, exchange, or offers |
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| for adoption with or without
charge dogs or dogs and cats which |
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SB3841 |
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LRB096 20893 ASK 36681 b |
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| he has produced and raised. A person who
owns, has possession |
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| of, or harbors 5 or less
females capable of reproduction shall |
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| not be considered a kennel
operator . |
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| "Large-scale breeder" means any person who has possession |
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| of or harbors 26 or more female dogs capable of reproduction |
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| and
who sells, offers to sell, exchanges, or offers for |
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| adoption
with or without charge or donation dogs that he or she |
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| has produced and raised. |
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| "Cattery operator" means any person other than an animal
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| control facility, veterinary hospital, animal shelter, or
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| records-only animal shelter who operates an establishment, |
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| other
than an animal control facility or animal
shelter, where |
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| cats are maintained for boarding,
training or similar purposes |
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| for a fee or compensation; or who sells,
offers to sell, |
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| exchanges exchange , or offers for adoption with or without |
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| charge or donation charges
cats that which he or she has |
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| produced and raised. A person who owns, has possession
of , or |
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| harbors 5 or fewer
less females capable of reproduction shall |
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| 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 |
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| corporation or political subdivision of the State
for the |
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| purpose of impounding or harboring seized, stray, homeless,
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| abandoned or unwanted dogs, cats, and other animals. "Animal |
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| control
facility" also means any
veterinary hospital or clinic |
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| operated by a veterinarian or veterinarians
licensed under the |
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| Veterinary Medicine and Surgery Practice Act of 2004 which
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| operates for the above mentioned purpose in addition to its |
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| customary purposes. |
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| "Animal shelter" means a facility operated, owned, or |
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| maintained by a duly
incorporated humane society, animal |
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| welfare society, or other non-profit
organization for the |
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| purpose of providing for and promoting the welfare,
protection, |
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| and humane treatment of animals. "Animal shelter" also means |
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| any
veterinary hospital or clinic operated by a veterinarian or |
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| veterinarians
licensed under the Veterinary Medicine and |
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| Surgery Practice Act of 2004 which
operates for the above |
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| mentioned purpose in addition to its customary purposes. |
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| "Records-only animal shelter" means a duly incorporated
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| humane society, animal welfare society, or other non-profit
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| organization that provides for and promotes
the welfare, |
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| protection, and humane treatment of animals
by housing and |
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| maintaining the animals at foster homes
permitted under this |
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| Act. |
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| "Foster home" means an entity that accepts the |
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| responsibility for
stewardship of animals that are the |
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| obligation of an animal shelter , records-only animal
shelter, |
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| or animal control facility. , not to
exceed 4 animals at any |
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| given time. Permits to operate as a " foster home "
shall be |
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| obtained from issued through the animal shelter , records-only |
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| animal shelter, or animal control facility that applies to the |
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| Department for the permit on behalf of the foster home . |
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LRB096 20893 ASK 36681 b |
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| "Guard dog service" means an entity that, for a fee, |
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| furnishes or leases
guard or sentry dogs for the protection of |
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| life or property. A person
is not a guard dog service solely |
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| because he or she owns a dog and uses it to
guard his or her |
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| home, business, or farmland. |
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| "Guard dog" means a type of dog used primarily for the |
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| purpose of defending,
patrolling, or protecting property or |
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| life at a commercial establishment
other than a farm. "Guard |
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| dog" does not include stock dogs used primarily for
handling |
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| 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 |
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| supervision in a fenced
facility other than a farm, and to |
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| deter or detain unauthorized persons found
within the facility. |
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| "Probationary status" means the 12-month period following |
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| a series of violations of this Act during which any further |
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| violation shall result in an automatic 12-month suspension of |
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| licensure.
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| (Source: P.A. 95-550, eff. 6-1-08 .) |
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| (225 ILCS 605/2.2) (from Ch. 8, par. 302.2) |
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| Sec. 2.2. Age restrictions on dogs and cats for sale; |
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| maintenance of records. |
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| (a) No dog dealer, dog breeder, pet shop operator, kennel |
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| operator, or cattery operator shall sell
separate a puppy or |
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| kitten from its mother, for the
purpose of sale, until such |
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| puppy or kitten has attained the age of 8
weeks. |
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| (b) All licensees under this Act shall maintain records of
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| the origin and sale or adoption of all dogs and cats , and such |
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| records shall be made available for
inspection by the Secretary |
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| or the Department upon demand. Such records
must contain proof |
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| in proper form of purebreds and their pedigree, and evidence
of |
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| such proof must be provided to any person acquiring a dog or |
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| cat from a licensee
under this Act. In addition, guard dog |
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| services shall be
required to maintain records of transfer of |
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| ownership, death, or disappearance
of a guard dog or sentry dog |
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| used by that guard dog service. |
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| (Source: P.A. 89-178, eff. 7-19-95.) |
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| (225 ILCS 605/2.3 new) |
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| Sec. 2.3. Restrictions on purchase of dogs and cats by pet |
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| shop operators. A pet shop operator may only purchase a dog or |
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| cat from a dog
dealer, large-scale dog breeder, cattery |
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| operator, or other pet shop operator
that is licensed under |
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| this Act or the federal Animal
Welfare Act (7 U.S.C. 2131). |
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| (225 ILCS 605/3) (from Ch. 8, par. 303) |
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| Sec. 3. Unlicensed activity; types of licenses; |
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| exemptions. |
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| (a) Except as provided in subsection (b) of this Section, |
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| no person shall engage in business as a pet shop operator, dog
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| dealer, kennel operator, dog daycare provider, hobby
breeder, |
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SB3841 |
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LRB096 20893 ASK 36681 b |
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| large-scale breeder, or cattery operator,
or operate a guard |
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| dog service, an animal control
facility , an animal shelter, or |
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| a records-only animal shelter or
any combination thereof, in |
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| this State without a license therefor issued by
the Department. |
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| (a-5) A separate license
shall be required to operate each |
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| of the businesses listed
in subsection (a) of this Section. |
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| Only one license shall be required for any combination of
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| businesses at one location, except that a separate license |
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| shall be required
to operate a guard dog service. Guard dog |
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| services that are located outside
this State but provide |
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| services within this State are required to obtain a
license |
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| from the Department. Out-of-state guard dog services are |
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| required to
comply with the requirements of this Act with |
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| regard to guard dogs and sentry
dogs transported to or used |
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| within this State. |
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| (a-10) The Department shall issue the following types of |
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| licenses under this Act for pet shop operators: |
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| (1) A Type I licensee may sell, offer to sell, |
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| exchange,
or offer for adoption with or without charge or |
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| donation
dogs, cats, birds, fish, reptiles, and other |
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| animals
customarily obtained as pets in this State. |
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| (2) A Type II licensee may sell, offer to sell, |
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| exchange,
or offer for adoption with or without charge or |
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| donation
birds, fish, reptiles, and other animals |
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| customarily
obtained as pets in this State, but not dogs or |
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| cats. |
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| (b) This Act does not apply to a private detective agency |
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| or private security agency licensed under the Private |
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| Detective, Private Alarm, Private Security, Fingerprint |
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| Vendor, and
Locksmith Act of 2004 that provides guard dog or |
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| canine odor detection services and does not otherwise operate a |
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| kennel for hire.
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| (Source: P.A. 95-613, eff. 9-11-07.) |
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| (225 ILCS 605/3.1) (from Ch. 8, par. 303.1) |
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| Sec. 3.1. Information on dogs and cats for sale or |
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| adoption . |
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| (a) Every pet shop
operator, dog dealer, dog breeder,
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| animal shelter, records-only animal shelter, and cattery |
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| operator shall provide the following
information upon request |
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| for every dog or cat available for sale or adoption : |
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| (1) (a) The age, sex, color, and weight of the animal. |
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| (2) (b) The breed of the animal. |
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| (3) (c) A record of vaccinations and veterinary care |
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| and treatment. If vaccinations or veterinary care were |
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| provided by
a veterinarian, then the date examined, the |
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| dates that any medication
was administered, and the name |
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| and business address of the
veterinarian who provided the |
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| services. |
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| (4) (d) A record of surgical sterilization or lack of |
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| surgical sterilization. |
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| (5) (e) The name , and address , Illinois license number, |
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LRB096 20893 ASK 36681 b |
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| and, if applicable, USDA
certificate number of the breeder |
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| of the animal. |
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| (6) (f) The name , and address , Illinois license number, |
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| and, if applicable, USDA
certificate number of any other |
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| person who owned or harbored the
animal between its birth |
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| and the point of sale. |
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| (7) If eligible for registration with a pedigree
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| registry, then the name and registration numbers of the |
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| sire and
dam and the address of the pedigree registry where |
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| the sire
and dam are registered. |
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| (b) A purchaser or adopter must be provided with a copy of |
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| the "Buying or Adopting a New Pet" pamphlet.
The pamphlet shall |
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| be created by and be in such format as
may be prescribed by the |
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| Department. The purchaser or adopter must
initial a statement |
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| verifying that he or she has received and read
the pamphlet |
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| prior to the sale. A copy of the initialed
statement shall be |
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| maintained by the licensee for a period of
12 months after the |
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| sale. |
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| (Source: P.A. 87-819.) |
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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 |
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| home without
first obtaining a permit from the animal shelter , |
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| records-only animal shelter, or animal control facility for |
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| which that person will
operate the foster home. Upon |
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| application and payment of the required fees by
the animal |
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LRB096 20893 ASK 36681 b |
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| shelter, records-only animal shelter, or animal control |
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| facility, the Department shall issue a foster home permit |
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| permits to the
animal shelter , records-only animal shelter, or |
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| animal control facility . The animal shelter , records-only |
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| animal shelter, or animal control facility shall be responsible |
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| for the records and
have all the obligations of stewardship for |
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| animals in the foster home for which it obtained a permit from |
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| the Department homes to
which it issues permits . By applying to |
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| the Department and obtaining a foster home permit, the
animal |
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| shelter, records-only animal shelter, or animal control
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| facility certifies that the foster home meets the requirements |
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| of this
Act. |
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| Foster homes shall provide the care for animals
required by |
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| 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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| records-only animal shelter, or animal control facility . |
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| A foster home shall not care for more than 4 fostered |
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| animals at any one time. A mother and all of her offspring that |
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| are under 3 months
of age shall be considered a single fostered |
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| animal. An equine mother and
all of her offspring that are |
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| under the age of one year shall be considered a single fostered |
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| animal. |
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| (Source: P.A. 89-178, eff. 7-19-95.) |
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| (225 ILCS 605/5) (from Ch. 8, par. 305) |
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| Sec. 5. Application by individual for licensure; |
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| pre-licensing inspection. |
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| (a) Applications by individuals for original licenses |
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| shall be made to
the Department, shall be in writing on forms |
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| prescribed by
the Department and shall be accompanied by the |
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| required fee, which shall
not be returnable. An incomplete
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| application shall be returned to the applicant for completion. |
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| Any such application shall require such information
as in the |
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| judgment of the Department will enable the Department to pass
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| on the qualifications of the applicant for a license. |
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| (b) The application It shall include,
but need not be |
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| limited to , information concerning age, citizenship,
present |
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| residence, and location of the business for which a license is |
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| being applied for licensed under this Act . The application |
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| shall also include, if applicable, the following information: ,
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| including |
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| (1) the location of all proposed foster homes ; ,
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| (2) a description of facilities to be used ; , |
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| (3) the applicant's present and previous business
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| connections and experience ; , bank and |
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| (4) professional references ; , |
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| (5) whether
any license of the applicant under this Act |
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| or any federal, state,
county or local law, ordinance or |
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| regulation, relating to dealing in or
handling dogs or |
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| cats, ever was suspended or revoked ; and |
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| (6) whether the
applicant ever has been convicted of a |
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| felony. |
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| (c) A Such felony conviction
may be taken into |
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| consideration by the Department in determining
qualifications |
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| for licensing but shall not operate as a bar to
licensing . |
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| (d) The Department must complete a pre-licensing
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| inspection to determine compliance with this Act. A license
may |
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| not be issued until the applicant is in full compliance
with |
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| this Act. No license shall be issued until all fines assessed |
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| against the applicant under this Act have been paid to the |
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| Department. |
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| (Source: P.A. 89-178, eff. 7-19-95.) |
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| (225 ILCS 605/6) (from Ch. 8, par. 306) |
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| Sec. 6. Application by partnership or corporation for |
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| licensure; pre-licensing inspection. |
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| (a) Applications by partnerships or corporations for |
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| original
licenses shall be made to the Department, shall be in |
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| writing on forms prescribed
by the Department and shall be |
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| accompanied by
the required fee, which shall not be returnable. |
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| An incomplete
application shall be returned to the applicant |
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| for completion. Any such application
shall list, but need not |
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| be limited to, the name of each partner, if a
partnership, each |
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| director and officer, if a corporation, its address, and
its |
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| financial resources, and shall indicate and list the partners,
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| directors or officers, as the case may be, or other persons |
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| authorized
to represent or act for it under this Act. |
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| (b) The Department must complete a pre-licensing |
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SB3841 |
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LRB096 20893 ASK 36681 b |
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| inspection
to determine the applicant's compliance with this |
2 |
| Act. A license may not be
issued until the applicant is in full |
3 |
| compliance with this
Act. No license shall be issued until all |
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| fines assessed against the applicant under this Act have been |
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| paid to the Department. |
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| (Source: P.A. 81-198.) |
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| (225 ILCS 605/6.5) |
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| Sec. 6.5. Termination of application; forfeiture of |
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| license fee. Failure
of any applicant to meet all of the |
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| requirements for compliance within 60 days after the |
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| pre-licensing
inspection conducted by the Department
of |
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| receipt of a license application shall result in termination of |
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| the
application and forfeiture of the license fee. |
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| (Source: P.A. 90-385, eff. 8-15-97; 90-403, eff. 8-15-97.) |
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| (225 ILCS 605/7) (from Ch. 8, par. 307) |
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| Sec. 7. Application for renewal of license. Applications |
17 |
| for renewal licenses shall be made to the
Department, shall be |
18 |
| in writing on forms prescribed by the
Department, shall contain |
19 |
| such information as will enable the Department
to determine if |
20 |
| the applicant is qualified to continue to hold a license
and |
21 |
| shall be accompanied by the required fee, which shall not be
|
22 |
| returnable. An incomplete
application shall be returned to the |
23 |
| applicant for completion. |
24 |
| (Source: P.A. 81-198.) |
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|
1 |
| (225 ILCS 605/8) (from Ch. 8, par. 308) |
2 |
| Sec. 8. Non-resident applicant for licensure or renewal of |
3 |
| license. Each non-resident applicant for an original license or |
4 |
| renewal
license, except a foreign corporation, shall file with |
5 |
| the Department an
irrevocable consent that actions against the |
6 |
| applicant may be filed in any
appropriate court of any county |
7 |
| or municipality of this State in which the
plaintiff resides or |
8 |
| in which some part of the transaction occurred out of
which the |
9 |
| alleged cause of action arose and that process in any action |
10 |
| may
be served on the applicant by leaving 2 copies thereof with |
11 |
| the Director.
Such consent shall stipulate and agree that such |
12 |
| service of process shall
be taken and held to be valid and |
13 |
| binding for all purposes. The Director
shall send forthwith one |
14 |
| copy of such process to the applicant at the
address shown on |
15 |
| the records of the Department by registered mail. No
foreign |
16 |
| corporation shall receive a license under this Act until it has
|
17 |
| been authorized to do business in this State by the Secretary |
18 |
| of State. A
non-resident applicant shall provide proof of |
19 |
| licensure in
his or her home state by the licensing authority |
20 |
| of that state or a
USDA license number. |
21 |
| (Source: Laws 1965, p. 2956.) |
22 |
| (225 ILCS 605/9) (from Ch. 8, par. 309) |
23 |
| Sec. 9. License expiration; display; issuance. |
24 |
| (a) Each license shall be issued for the term of one fiscal |
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1 |
| year or for such
part thereof as remains at the time of the |
2 |
| issuance of the license. Each
license shall be renewed during |
3 |
| the month of June of each year. Each
license not renewed during |
4 |
| June of each year shall expire on June 30 of
that year. |
5 |
| (b) A license must be prominently displayed at each place |
6 |
| of business of the
licensee. Where the licensee conducts |
7 |
| business at more than one address,
branch office licenses shall |
8 |
| be issued on payment of the required fee. |
9 |
| (c) Each license shall be signed by the Director of the |
10 |
| Department or his or her designee and shall
be issued under the |
11 |
| seal of the Department. |
12 |
| (Source: P.A. 79-997.) |
13 |
| (225 ILCS 605/10) (from Ch. 8, par. 310) |
14 |
| Sec. 10. Grounds for discipline. |
15 |
| (a) The Department may refuse to issue or
renew or may |
16 |
| suspend or
revoke a license on any one or more of the following |
17 |
| grounds: |
18 |
| (1) a. Material misstatement or intentional |
19 |
| misrepresentation of fact in the application for original |
20 |
| license or in
the application for any renewal license under |
21 |
| this Act; |
22 |
| (2) b. A violation of this Act or of any regulations
or
|
23 |
| rules issued pursuant thereto; |
24 |
| (3) c. Aiding or abetting another in the violation of |
25 |
| this Act or
of any regulation or rule issued pursuant |
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1 |
| thereto; |
2 |
| (4) d. Allowing one's license under this Act to be used |
3 |
| by an unlicensed
person; |
4 |
| (5) e. Conviction of any crime an essential element of |
5 |
| which is
misstatement, fraud or dishonesty or conviction of |
6 |
| any felony, if the
Department determines, after |
7 |
| investigation, that such person has not been
sufficiently |
8 |
| rehabilitated to warrant the public trust; |
9 |
| (6) f. Conviction of a violation of any law of Illinois |
10 |
| except minor
violations such as traffic violations and |
11 |
| violations not related to the
disposition of dogs, cats and |
12 |
| other animals or any rule or regulation of
the Department |
13 |
| relating to dogs or cats and sale thereof; |
14 |
| (7) g. Making substantial misrepresentations or false |
15 |
| promises of a
character likely to influence, persuade or |
16 |
| induce in connection with the
business of a licensee under |
17 |
| this Act; |
18 |
| (8) h. Pursuing a continued course of |
19 |
| misrepresentation of or making false
promises through |
20 |
| advertising, salesman, agents or otherwise in connection
|
21 |
| with the business of a licensee under this Act; |
22 |
| (9) i. Failure to possess the necessary qualifications |
23 |
| or to meet the
requirements of the Act for the issuance or |
24 |
| holding a license; or |
25 |
| (10) j. Proof that the licensee is guilty of gross |
26 |
| negligence,
incompetency, or cruelty with regard to |
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1 |
| animals. |
2 |
| (b) The Department may refuse to issue or may suspend the |
3 |
| license
of any person who fails to file a return, or to pay the |
4 |
| tax, penalty , or
interest shown in a filed return, or to pay |
5 |
| any final assessment of tax,
penalty , or interest, as required |
6 |
| by any tax Act administered by the
Illinois Department of |
7 |
| Revenue, until such time as the requirements of any
such tax |
8 |
| Act are satisfied. |
9 |
| (c) The Department may order any licensee to cease |
10 |
| operation for a period not
to exceed 72 hours to correct |
11 |
| deficiencies in order to meet licensing
requirements. |
12 |
| (Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97; |
13 |
| 90-403, eff.
8-15-97.) |
14 |
| (225 ILCS 605/16) (from Ch. 8, par. 316) |
15 |
| Sec. 16. Surrender of license; transfer of animals. |
16 |
| (a) Upon the relinquishment, revocation , or suspension of |
17 |
| any license, the licensee
shall forthwith surrender the license |
18 |
| and any branch office licenses to the
Department, and if the |
19 |
| licensee fails to do so, the Department shall have
the right to |
20 |
| seize the same. |
21 |
| (b) At the direction of the Department, any licensee whose |
22 |
| license
is relinquished, revoked, or placed on suspension for |
23 |
| more than 3 months, has up to one week from the
relinquishment, |
24 |
| revocation, or suspension to relinquish
ownership and control |
25 |
| of all animals under his or her possession or control to a |
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1 |
| facility
licensed under this Act. Animals may be relinquished |
2 |
| or
transferred to unlicensed persons or facilities only with |
3 |
| written
permission from the Department. |
4 |
| Failure to comply with this subsection (b) shall result
in |
5 |
| the immediate seizure of all the animals by the Department
and |
6 |
| transfer of the animals to a licensee or licensees designated |
7 |
| by the Department.
A licensee who voluntarily relinquishes his |
8 |
| or her license because he or she no longer desires to be |
9 |
| licensed under this Act and does not meet the requirements for |
10 |
| licensure under this Act shall be exempt from this
subsection |
11 |
| (b). |
12 |
| (Source: Laws 1965, p. 2956.) |
13 |
| (225 ILCS 605/18) (from Ch. 8, par. 318) |
14 |
| Sec. 18. Requirements. |
15 |
| (a) The licensee shall: |
16 |
| (1) a. Maintain sanitary conditions. |
17 |
| (2) b. Insure proper ventilation. |
18 |
| (3) c. Provide adequate nutrition. |
19 |
| (4) d. Provide humane care and treatment of all animals |
20 |
| under his
or her jurisdiction. |
21 |
| (5) Seek veterinary care for seriously ill or injured
|
22 |
| animals, which may include euthanasia. |
23 |
| (6) Maintain current rabies vaccination records of all |
24 |
| dogs
16 weeks of age and older in the possession of the |
25 |
| licensee. |
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| (7) Maintain records as prescribed by the Department. |
2 |
| (8) e. Take reasonable care to release for sale, trade, |
3 |
| or adoption only
those animals which are free of disease, |
4 |
| injuries or abnormalities. A
health certificate, meeting |
5 |
| the requirements of the Department and issued
by a licensed |
6 |
| veterinarian for any such animal within 5 days before such
|
7 |
| sale, trade or adoption is prima facie evidence that the |
8 |
| licensee has taken
reasonable care, as required by this |
9 |
| paragraph. |
10 |
| (b) f. Inspection of the premises of a licensee to |
11 |
| determine compliance with
this Act may be made only by the |
12 |
| Department. |
13 |
| (Source: P.A. 78-900.) |
14 |
| (225 ILCS 605/18.1) |
15 |
| Sec. 18.1. Sale or gift of reptiles and other animals. |
16 |
| (a) A pet shop shall not sell a reptile, offer a reptile |
17 |
| for sale or adoption , or
offer a reptile as a gift or |
18 |
| promotional consideration unless a notice
regarding safe |
19 |
| reptile-handling practices that meets the requirements in
|
20 |
| subsection (b) is (i) prominently displayed at each location in |
21 |
| the pet shop
where reptiles are displayed, housed, or held and |
22 |
| (ii) distributed to the
purchaser or recipient. |
23 |
| (b) The notice regarding safe reptile-handling practices |
24 |
| shall be one of the
following: |
25 |
| (1) a notice provided at no charge by the Illinois |
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1 |
| Department of Public
Health; or |
2 |
| (2) a notice that has the dimensions of at least 8.5 |
3 |
| inches by 11 inches,
that uses fonts that are clearly |
4 |
| visible and readily draw attention to the
notice, and that
|
5 |
| contains all of the following statements: |
6 |
| (A) "As with many other animals, reptiles carry |
7 |
| salmonella
bacteria, which can make people sick. Safe |
8 |
| reptile-handling steps should be
taken to
reduce the |
9 |
| chance of infection." |
10 |
| (B) "Always wash your hands thoroughly after you |
11 |
| handle your
pet reptile, its food, and anything it has |
12 |
| touched." |
13 |
| (C) "Keep your pet reptile and its equipment out of |
14 |
| the kitchen or
any area where food is prepared. Kitchen |
15 |
| sinks should not be used to bathe
reptiles or
wash |
16 |
| their dishes, cages, or aquariums. If a bathtub is used |
17 |
| for these
purposes, it should
be cleaned thoroughly and |
18 |
| disinfected with bleach." |
19 |
| (D) "Don't nuzzle or kiss your pet reptile." |
20 |
| (E) "Keep reptiles out of homes where there are |
21 |
| children under
5 years of age or people with weakened |
22 |
| immune systems. Children under 5
years of
age or people |
23 |
| with weakened immune systems should avoid contact with |
24 |
| reptiles." |
25 |
| (F) "Pet reptiles should not be allowed in child |
26 |
| care centers." |
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LRB096 20893 ASK 36681 b |
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|
1 |
| (G) "Pet reptiles should not be allowed to roam |
2 |
| freely throughout
the home or living area." |
3 |
| (Source: P.A. 91-741, eff. 1-1-01.) |
4 |
| (225 ILCS 605/20) (from Ch. 8, par. 320) |
5 |
| Sec. 20. Any person violating any provision of this Act or |
6 |
| any rule,
regulation or order of the Department issued pursuant |
7 |
| to this Act is guilty of
a Class C misdemeanor and every day a |
8 |
| violation continues constitutes a
separate offense . |
9 |
| (Source: P.A. 89-178, eff. 7-19-95.) |
10 |
| (225 ILCS 605/20.5) |
11 |
| Sec. 20.5. Administrative fines. |
12 |
| (a) The following administrative fines may shall be imposed |
13 |
| by the Department upon any person or entity who violates any |
14 |
| provision of this Act or any rule adopted by the Department |
15 |
| under this Act: |
16 |
| (1) For the first violation, a fine of $200. |
17 |
| (2) For a second violation that occurs within 3 years |
18 |
| after the first violation, a fine of $500. |
19 |
| (3) For a third violation that occurs within 3 years |
20 |
| after the first violation, mandatory probationary status |
21 |
| and a fine of $1,000. |
22 |
| (4) For a fourth violation that occurs within 3 years |
23 |
| after the first violation, a
fine of $5,000 and an |
24 |
| immediate 12-month suspension. |
|
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|
1 |
| (5) For a violation that occurs within 3 years after |
2 |
| any suspension, an immediate revocation of the license and |
3 |
| ban from licensure under this Act for 5 years. |
4 |
| (b) Fines shall be paid within 30 days after entry of the |
5 |
| final administrative decision by the
Department. |
6 |
| (c) A warning may be issued in lieu of a fine if deemed |
7 |
| appropriate by the Department. |
8 |
| (Source: P.A. 95-550, eff. 6-1-08 .) |
9 |
| (225 ILCS 605/21) (from Ch. 8, par. 321) |
10 |
| Sec. 21. Fees. |
11 |
| (a) The following non-refundable fees shall accompany each |
12 |
| application for a license or permit ,
which fees shall not be |
13 |
| returnable : |
14 |
| (1) Pet shop operator |
15 |
| (A) Type I
license ..............................$200 |
16 |
| (B) Type II license .............................$100 |
17 |
| (2) Dog breeder |
18 |
| (A) Breeder license ............................$50 |
19 |
| (B) Large-scale breeder license .................$150 |
20 |
| (3) Cattery operator .................................$50 |
21 |
| (4) Dog dealer ......................................$150 |
22 |
| (5) Dog daycare provider ............................$150 |
23 |
| (6) Kennel operator .................................$150 |
24 |
| (7) Animal shelter ..................................$100 |
25 |
| (8) Records-only animal shelter .....................$100 |
|
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|
1 |
| (9) Animal control facility ..........................$50 |
2 |
| a. for an original license to an individual ......... $25 |
3 |
| b. for an original license to a partnership or |
4 |
| corporation ................................. $25 |
5 |
| c. for an annual renewal license .................... $25 |
6 |
| d. for each branch office license ................... $25 |
7 |
| e. for the renewal of any |
8 |
| license not renewed by |
9 |
| July 1 of the year |
10 |
| ......................................................... $40 |
11 |
| (10) f. for a permit for a foster home .............. $25 |
12 |
| (11) g. for renewal of a permit for a foster home ... $25 |
13 |
| (b) If multiple licenses are issued to a licensee, then the |
14 |
| maximum
fee charged shall not exceed $250. If a license is not |
15 |
| renewed by July 1 of the year, then the renewal fee shall be |
16 |
| double the initial license fee. |
17 |
| (Source: P.A. 89-178, eff. 7-19-95.)
|
18 |
| (225 ILCS 605/13 rep.) |
19 |
| Section 10. The Animal Welfare Act is amended by repealing |
20 |
| Section 13. |
|
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LRB096 20893 ASK 36681 b |
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 225 ILCS 605/2 |
from Ch. 8, par. 302 |
| 4 |
| 225 ILCS 605/2.2 |
from Ch. 8, par. 302.2 |
| 5 |
| 225 ILCS 605/2.3 new |
|
| 6 |
| 225 ILCS 605/3 |
from Ch. 8, par. 303 |
| 7 |
| 225 ILCS 605/3.1 |
from Ch. 8, par. 303.1 |
| 8 |
| 225 ILCS 605/3.2 |
|
| 9 |
| 225 ILCS 605/5 |
from Ch. 8, par. 305 |
| 10 |
| 225 ILCS 605/6 |
from Ch. 8, par. 306 |
| 11 |
| 225 ILCS 605/6.5 |
|
| 12 |
| 225 ILCS 605/7 |
from Ch. 8, par. 307 |
| 13 |
| 225 ILCS 605/8 |
from Ch. 8, par. 308 |
| 14 |
| 225 ILCS 605/9 |
from Ch. 8, par. 309 |
| 15 |
| 225 ILCS 605/10 |
from Ch. 8, par. 310 |
| 16 |
| 225 ILCS 605/16 |
from Ch. 8, par. 316 |
| 17 |
| 225 ILCS 605/18 |
from Ch. 8, par. 318 |
| 18 |
| 225 ILCS 605/18.1 |
|
| 19 |
| 225 ILCS 605/20 |
from Ch. 8, par. 320 |
| 20 |
| 225 ILCS 605/20.5 |
|
| 21 |
| 225 ILCS 605/21 |
from Ch. 8, par. 321 |
| 22 |
| 225 ILCS 605/13 rep. |
|
|
|