Rep. Charles Meier

Filed: 4/23/2018

 

 


 

 


 
10000HB5029ham001LRB100 16345 XWW 39034 a

1
AMENDMENT TO HOUSE BILL 5029

2    AMENDMENT NO. ______. Amend House Bill 5029 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Animal Welfare Act is amended by changing
5Sections 2, 2.2, 3, and 3.1 as follows:
 
6    (225 ILCS 605/2)  (from Ch. 8, par. 302)
7    Sec. 2. Definitions. As used in this Act unless the context
8otherwise requires:
9    "Department" means the Illinois Department of Agriculture.
10    "Director" means the Director of the Illinois Department of
11Agriculture.
12    "Pet shop operator" means any person who sells, offers to
13sell, exchange, or offers for adoption with or without charge
14or donation dogs, cats, birds, fish, reptiles, or other animals
15customarily obtained as pets in this State. However, a person
16who sells only such animals that he has produced and raised

 

 

10000HB5029ham001- 2 -LRB100 16345 XWW 39034 a

1shall not be considered a pet shop operator under this Act, and
2a veterinary hospital or clinic operated by a veterinarian or
3veterinarians licensed under the Veterinary Medicine and
4Surgery Practice Act of 2004 shall not be considered a pet shop
5operator under this Act.
6    "Dog dealer" means any person who sells, offers to sell,
7exchange, or offers for adoption with or without charge or
8donation dogs in this State. However, a person who sells only
9dogs that he has produced and raised shall not be considered a
10dog dealer under this Act, and a veterinary hospital or clinic
11operated by a veterinarian or veterinarians licensed under the
12Veterinary Medicine and Surgery Practice Act of 2004 shall not
13be considered a dog dealer under this Act.
14    "Secretary of Agriculture" or "Secretary" means the
15Secretary of Agriculture of the United States Department of
16Agriculture.
17    "Person" means any person, firm, corporation, partnership,
18association or other legal entity, any public or private
19institution, the State of Illinois, or any municipal
20corporation or political subdivision of the State.
21    "Kennel operator" means any person who operates an
22establishment, other than an animal control facility,
23veterinary hospital, or animal shelter, where dogs or dogs and
24cats are maintained for boarding, training or similar purposes
25for a fee or compensation; or who sells, offers to sell,
26exchange, or offers for adoption with or without charge dogs or

 

 

10000HB5029ham001- 3 -LRB100 16345 XWW 39034 a

1dogs and cats which he has produced and raised. A person who
2owns, has possession of, or harbors 5 or less females capable
3of reproduction shall not be considered a kennel operator.
4    "Boarding" means a time frame greater than 12 hours or an
5overnight period during which an animal is kept by a kennel
6operator.
7    "Cat breeder" means a person who sells, offers to sell,
8exchanges, or offers for adoption with or without charge cats
9that he or she has produced and raised. A person who owns, has
10possession of, or harbors 5 or less females capable of
11reproduction shall not be considered a cat breeder.
12    "Dog breeder" means a person who sells, offers to sell,
13exchanges, or offers for adoption with or without charge dogs
14that he has produced and raised. A person who owns, has
15possession of, or harbors 5 or less females capable of
16reproduction shall not be considered a dog breeder.
17    "Cattery operator" means any person who operates an
18establishment, other than an animal control facility or animal
19shelter, where cats are maintained for boarding, training or
20similar purposes for a fee or compensation; or who sells,
21offers to sell, exchange, or offers for adoption with or
22without charges cats which he has produced and raised. A person
23who owns, has possession of, or harbors 5 or less females
24capable of reproduction shall not be considered a cattery
25operator.
26    "Animal control facility" means any facility operated by or

 

 

10000HB5029ham001- 4 -LRB100 16345 XWW 39034 a

1under contract for the State, county, or any municipal
2corporation or political subdivision of the State for the
3purpose of impounding or harboring seized, stray, homeless,
4abandoned or unwanted dogs, cats, and other animals. "Animal
5control facility" also means any veterinary hospital or clinic
6operated by a veterinarian or veterinarians licensed under the
7Veterinary Medicine and Surgery Practice Act of 2004 which
8operates for the above mentioned purpose in addition to its
9customary purposes.
10    "Animal shelter" means a facility operated, owned, or
11maintained by a duly incorporated humane society, animal
12welfare society, or other non-profit organization for the
13purpose of providing for and promoting the welfare, protection,
14and humane treatment of animals. "Animal shelter" also means
15any veterinary hospital or clinic operated by a veterinarian or
16veterinarians licensed under the Veterinary Medicine and
17Surgery Practice Act of 2004 which operates for the above
18mentioned purpose in addition to its customary purposes.
19    "Day care operator" means a person who operates an
20establishment, other than an animal control facility,
21veterinary hospital, or animal shelter, where dogs or dogs and
22cats are kept for a period of time not exceeding 12 hours.
23    "Foster home" means an entity that accepts the
24responsibility for stewardship of animals that are the
25obligation of an animal shelter, not to exceed 4 animals at any
26given time. Permits to operate as a "foster home" shall be

 

 

10000HB5029ham001- 5 -LRB100 16345 XWW 39034 a

1issued through the animal shelter.
2    "Guard dog service" means an entity that, for a fee,
3furnishes or leases guard or sentry dogs for the protection of
4life or property. A person is not a guard dog service solely
5because he or she owns a dog and uses it to guard his or her
6home, business, or farmland.
7    "Guard dog" means a type of dog used primarily for the
8purpose of defending, patrolling, or protecting property or
9life at a commercial establishment other than a farm. "Guard
10dog" does not include stock dogs used primarily for handling
11and controlling livestock or farm animals, nor does it include
12personally owned pets that also provide security.
13    "Sentry dog" means a dog trained to work without
14supervision in a fenced facility other than a farm, and to
15deter or detain unauthorized persons found within the facility.
16    "Probationary status" means the 12-month period following
17a series of violations of this Act during which any further
18violation shall result in an automatic 12-month suspension of
19licensure.
20    "Owner" means any person having a right of property in an
21animal, who keeps or harbors an animal, who has an animal in
22his or her care or acts as its custodian, or who knowingly
23permits a dog to remain on any premises occupied by him or her.
24"Owner" does not include a feral cat caretaker participating in
25a trap, spay/neuter, return or release program.
26(Source: P.A. 99-310, eff. 1-1-16.)
 

 

 

10000HB5029ham001- 6 -LRB100 16345 XWW 39034 a

1    (225 ILCS 605/2.2)  (from Ch. 8, par. 302.2)
2    Sec. 2.2. No dog dealer, dog breeder, or cat breeder kennel
3operator, or cattery operator shall separate a puppy or kitten
4from its mother, for the purpose of sale, until such puppy or
5kitten has attained the age of 8 weeks.
6    All licensees under this Act shall maintain records of the
7origin and sale of all dogs, and such records shall be made
8available for inspection by the Secretary or the Department
9upon demand. Such records must contain proof in proper form of
10purebreds and their pedigree, and evidence of such proof must
11be provided to any person acquiring a dog from a licensee under
12this Act. In addition, guard dog services shall be required to
13maintain records of transfer of ownership, death, or
14disappearance of a guard dog or sentry dog used by that guard
15dog service.
16(Source: P.A. 89-178, eff. 7-19-95.)
 
17    (225 ILCS 605/3)  (from Ch. 8, par. 303)
18    Sec. 3. (a) Except as provided in subsection (b) of this
19Section, no person shall engage in business as a pet shop
20operator, dog dealer, kennel operator, day care operator, dog
21breeder, or cat breeder cattery operator, or operate a guard
22dog service, an animal control facility, or animal shelter, or
23any combination thereof, in this State without a license
24therefor issued by the Department. Only one license shall be

 

 

10000HB5029ham001- 7 -LRB100 16345 XWW 39034 a

1required for any combination of businesses at one location,
2except that a separate license shall be required to operate a
3guard dog service. Guard dog services that are located outside
4this State but provide services within this State are required
5to obtain a license from the Department. Out-of-state guard dog
6services are required to comply with the requirements of this
7Act with regard to guard dogs and sentry dogs transported to or
8used within this State.
9    (b) This Act does not apply to a private detective agency
10or private security agency licensed under the Private
11Detective, Private Alarm, Private Security, Fingerprint
12Vendor, and Locksmith Act of 2004 that provides guard dog or
13canine odor detection services and does not otherwise operate a
14kennel for hire.
15(Source: P.A. 95-613, eff. 9-11-07.)
 
16    (225 ILCS 605/3.1)  (from Ch. 8, par. 303.1)
17    Sec. 3.1. Information on dogs and cats for sale by a dog
18dealer, dog breeder, or cat breeder or cattery operator. Every
19dog dealer, dog breeder, and cat breeder and cattery operator
20shall provide the following information for every dog or cat
21available for sale:
22        (a) The age, sex, and weight of the animal.
23        (b) The breed of the animal.
24        (c) A record of vaccinations and veterinary care and
25    treatment.

 

 

10000HB5029ham001- 8 -LRB100 16345 XWW 39034 a

1        (d) A record of surgical sterilization or lack of
2    surgical sterilization.
3        (e) The name and address of the breeder of the animal.
4        (f) The name and address of any other person who owned
5    or harbored the animal between its birth and the point of
6    sale.
7        (g) Documentation that indicates that the dog or cat
8    has been microchipped and the microchip has been enrolled
9    in a nationally searchable database.
10(Source: P.A. 100-322, eff. 8-24-17.)".