SB0108 99TH GENERAL ASSEMBLY

LRB099 03856 HAF 23870 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0108

Introduced 1/28/2015, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

225 ILCS 605/2	from Ch. 8, par. 302
225 ILCS 605/3	from Ch. 8, par. 303
225 ILCS 605/5	from Ch. 8, par. 305
225 ILCS 605/10	from Ch. 8, par. 310
225 ILCS 605/21	from Ch. 8, par. 321
510 ILCS 70/2.01h

Amends the Animal Welfare Act. Provides that the definition of "kennel operator" does not include an animal control facility operated directly by a government agency; a veterinary hospital that does not board animals overnight for other than ongoing veterinary treatment; or a person who owns, has possession of, or harbors 5 or fewer females capable of reproduction, unless the animals are being kept overnight for a fee or compensation. Requires veterinary hospitals engaged in boarding services to obtain kennel operator licenses. Requires applicants for original licensure to provide proof of zoning compliance. Provides that the Illinois Department of Agriculture may refuse to issue a license if the applicant, or a known prospective employee of the applicant, has ever been convicted of violating an animal cruelty statute. Provides that the Department shall not (instead of may refuse to) issue or renew a license and shall (instead of may) suspend or revoke a license if an applicant or licensee has engaged in certain activities or made certain types of misleading statements. Increases licensing fees. Amends the Humane Care for Animals Act. Changes the definition of "animal shelter" to exclude veterinary hospitals or clinics that also operate overnight boarding facilities.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Animal Welfare Act is amended by changing Sections 2, 3, 5, 10, and 21 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 (1) 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, including boarding for or on behalf of a government agency; or (2) 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. However, "kennel operator" does not include an animal control facility operated directly by a government agency, a veterinary hospital that does not board animals overnight for other than ongoing veterinary treatment, or an animal shelter. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a kennel operator, unless the animals are being kept overnight for a fee or compensation.

"Cattery operator" means any person who operates an establishment, other than an animal control facility or animal shelter, where cats are maintained for boarding, training or similar purposes for a fee or compensation; or who sells, offers to sell, exchange, or offers for adoption with or without charges cats which he has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a cattery operator.

"Animal control facility" means any facility operated by or under contract for the State, county, or any municipal corporation or political subdivision of the State for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats, and other animals. "Animal control facility" also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 which operates for the above mentioned purpose in addition to its customary purposes.

"Animal shelter" means a facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other non-profit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. "Animal shelter" also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 which operates for the above mentioned purpose in addition to its customary purposes.

"Foster home" means an entity that accepts the responsibility for stewardship of animals that are the obligation of an animal shelter, not to exceed 4 animals at any given time. Permits to operate as a "foster home" shall be issued through the animal shelter.

"Guard dog service" means an entity that, for a fee, furnishes or leases guard or sentry dogs for the protection of life or property. A person is not a guard dog service solely because he or she owns a dog and uses it to guard his or her home, business, or farmland.

"Guard dog" means a type of dog used primarily for the purpose of defending, patrolling, or protecting property or life at a commercial establishment other than a farm. "Guard dog" does not include stock dogs used primarily for handling and controlling livestock or farm animals, nor does it include personally owned pets that also provide security.

"Sentry dog" means a dog trained to work without supervision in a fenced facility other than a farm, and to deter or detain unauthorized persons found within the facility.

"Probationary status" means the 12-month period following a series of violations of this Act during which any further violation shall result in an automatic 12-month suspension of licensure.

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

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

Sec. 3. (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, cattery operator, or operate a guard dog service, an animal control facility or animal shelter or any combination thereof, in this State without a license therefor issued by the Department. Only one license shall be required for any combination of businesses at one location, except for:

(1) a veterinary hospital that also operates a boarding facility or kennel privately or under contract with a government agency to provide confinement, including, but not limited to, impoundment or quarantine services, which must obtain a license as a kennel operator in addition to being licensed to provide veterinary services; or

(2) 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.

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

Sec. 5. 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. 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. It shall include, but need not be limited to information concerning age, citizenship, present residence, location of the business licensed under this Act, including the location of all foster homes, description of facilities to be used, present and previous business connections and experience, bank and professional references, proof of zoning compliance, 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 whether the applicant or any known prospective employee of the applicant ever has been convicted of any a felony violation of an animal cruelty statute or misdemeanor violation of an animal cruelty statute. Conviction for violating an animal cruelty statute Such felony conviction may be taken into consideration by the Department in determining qualifications for licensing and may but shall not operate as a bar to licensing.

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

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

Sec. 10. Grounds for discipline. The Department shall not issue or renew a license and shall may refuse to issue or renew or may suspend or revoke a license on any one or more of the following grounds:

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

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

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

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

e. Conviction of any crime an essential element of which is misstatement, fraud or dishonesty or conviction of any felony, if the Department determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust;

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

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

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

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

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

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

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

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

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

Sec. 21. The following fees shall accompany each application for a license, which fees shall not be returnable:

a. for an original license to an individual ......$100 $25

b. for an original license to a partnership or

corporation ..............................$100 $25

c. for an annual renewal license .................$100 $25

d. for each branch office license ................$100 $25

e. for the renewal of any license not renewed by

July 1 of the year .......................$150 $40

f. for a permit for a foster home ................... $25

g. for renewal of a permit for a foster home ........ $25

h. for an original license to a not-for-profit

individual or organization.................. $100

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

Section 10. The Humane Care for Animals Act is amended by changing Section 2.01h as follows:

(510 ILCS 70/2.01h)

Sec. 2.01h. Animal shelter. "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 that: (i) is operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004; (ii) which operates for the above mentioned purpose in addition to its customary purposes; and (iii) does not operate an overnight boarding facility on the premises.

(Source: P.A. 92-454, eff. 1-1-02; 93-281, eff. 12-31-03.)