Illinois General Assembly - Full Text of SB0705
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Full Text of SB0705  102nd General Assembly

SB0705eng 102ND GENERAL ASSEMBLY



 


 
SB0705 EngrossedLRB102 04511 CMG 14530 b

1    AN ACT concerning agriculture.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Animal Welfare Act is amended by changing
5Section 2 as follows:
 
6    (225 ILCS 605/2)  (from Ch. 8, par. 302)
7    (Text of Section before amendment by P.A. 102-586)
8    Sec. 2. Definitions. As used in this Act unless the
9context otherwise requires:
10    "Department" means the Illinois Department of Agriculture.
11    "Director" means the Director of the Illinois Department
12of Agriculture.
13    "Pet shop operator" means any person who sells, offers to
14sell, exchange, or offers for adoption with or without charge
15or donation dogs, cats, birds, fish, reptiles, or other
16animals customarily obtained as pets in this State. However, a
17person who sells only such animals that he has produced and
18raised shall not be considered a pet shop operator under this
19Act, and a veterinary hospital or clinic operated by a
20veterinarian or veterinarians licensed under the Veterinary
21Medicine and Surgery Practice Act of 2004 shall not be
22considered a pet shop operator under this Act.
23    "Dog dealer" means any person who sells, offers to sell,

 

 

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

 

 

SB0705 Engrossed- 3 -LRB102 04511 CMG 14530 b

1reproduction shall not be considered a cat breeder.
2    "Dog breeder" means a person who sells, offers to sell,
3exchanges, or offers for adoption with or without charge dogs
4that he has produced and raised. A person who owns, has
5possession of, or harbors 5 or less females capable of
6reproduction shall not be considered a dog breeder.
7    "Animal control facility" means any facility operated by
8or under contract for the State, county, or any municipal
9corporation or political subdivision of the State for the
10purpose of impounding or harboring seized, stray, homeless,
11abandoned or unwanted dogs, cats, and other animals. "Animal
12control facility" also means any veterinary hospital or clinic
13operated by a veterinarian or veterinarians licensed under the
14Veterinary Medicine and Surgery Practice Act of 2004 which
15operates for the above mentioned purpose in addition to its
16customary purposes.
17    "Animal shelter" means a facility operated, owned, or
18maintained by a duly incorporated humane society, animal
19welfare society, or other non-profit organization for the
20purpose of providing for and promoting the welfare,
21protection, and humane treatment of animals. An organization
22that does not have its own building that maintains animals
23solely in foster homes or other licensees is an "animal
24shelter" for purposes of this Act. "Animal shelter" also means
25any veterinary hospital or clinic operated by a veterinarian
26or veterinarians licensed under the Veterinary Medicine and

 

 

SB0705 Engrossed- 4 -LRB102 04511 CMG 14530 b

1Surgery Practice Act of 2004 which operates for the above
2mentioned purpose in addition to its customary purposes.
3    "Day care operator" means a person who operates an
4establishment, other than an animal control facility,
5veterinary hospital, or animal shelter, where dogs or dogs and
6cats are kept for a period of time not exceeding 12 hours.
7    "Foster home" means an entity that accepts the
8responsibility for stewardship of animals that are the
9obligation of an animal shelter or animal control facility,
10not to exceed 4 foster animals or 2 litters under 8 weeks of
11age at any given time. A written agreement to operate as a
12"foster home" shall be contracted with the animal shelter or
13animal control facility.
14    "Guard dog service" means an entity that, for a fee,
15furnishes or leases guard or sentry dogs for the protection of
16life or property. A person is not a guard dog service solely
17because he or she owns a dog and uses it to guard his or her
18home, business, or farmland.
19    "Guard dog" means a type of dog used primarily for the
20purpose of defending, patrolling, or protecting property or
21life at a commercial establishment other than a farm. "Guard
22dog" does not include stock dogs used primarily for handling
23and controlling livestock or farm animals, nor does it include
24personally owned pets that also provide security.
25    "Return" in return to field or trap, neuter, return
26program means to return the cat to field after it has been

 

 

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1sterilized and vaccinated for rabies.
2    "Sentry dog" means a dog trained to work without
3supervision in a fenced facility other than a farm, and to
4deter or detain unauthorized persons found within the
5facility.
6    "Probationary status" means the 12-month period following
7a series of violations of this Act during which any further
8violation shall result in an automatic 12-month suspension of
9licensure.
10    "Owner" means any person having a right of property in an
11animal, who keeps or harbors an animal, who has an animal in
12his or her care or acts as its custodian, or who knowingly
13permits a dog to remain on any premises occupied by him or her.
14"Owner" does not include a feral cat caretaker participating
15in a trap, spay/neuter, vaccinate for rabies, and return
16program.
17(Source: P.A. 100-842, eff. 1-1-19; 100-870, eff. 1-1-19;
18101-81, eff. 7-12-19; 101-295, eff. 8-9-19.)
 
19    (Text of Section after amendment by P.A. 102-586)
20    Sec. 2. Definitions. As used in this Act unless the
21context otherwise requires:
22    "Department" means the Illinois Department of Agriculture.
23    "Director" means the Director of the Illinois Department
24of Agriculture.
25    "Pet shop operator" means any person who sells, offers to

 

 

SB0705 Engrossed- 6 -LRB102 04511 CMG 14530 b

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

 

 

SB0705 Engrossed- 7 -LRB102 04511 CMG 14530 b

1establishment, other than an animal control facility,
2veterinary hospital, or animal shelter, where dogs or dogs and
3cats are maintained for boarding, training or similar purposes
4for a fee or compensation.
5    "Boarding" means a time frame greater than 12 hours or an
6overnight period during which an animal is kept by a kennel
7operator.
8    "Cat breeder" means a person who sells, offers to sell,
9exchanges, or offers for adoption with or without charge cats
10that he or she has produced and raised. A person who owns, has
11possession of, or harbors 5 or less females capable of
12reproduction shall not be considered a cat breeder.
13    "Dog breeder" means a person who sells, offers to sell,
14exchanges, or offers for adoption with or without charge dogs
15that he has produced and raised. A person who owns, has
16possession of, or harbors 5 or less females capable of
17reproduction shall not be considered a dog breeder.
18    "Animal control facility" means any facility operated by
19or under contract for the State, county, or any municipal
20corporation or political subdivision of the State for the
21purpose of impounding or harboring seized, stray, homeless,
22abandoned or unwanted dogs, cats, and other animals. "Animal
23control facility" also means any veterinary hospital or clinic
24operated by a veterinarian or veterinarians licensed under the
25Veterinary Medicine and Surgery Practice Act of 2004 which
26operates for the above mentioned purpose in addition to its

 

 

SB0705 Engrossed- 8 -LRB102 04511 CMG 14530 b

1customary purposes.
2    "Animal shelter" means a facility operated, owned, or
3maintained by a duly incorporated humane society, animal
4welfare society, or other non-profit organization having
5tax-exempt status under Section 501(c)(3) of the Internal
6Revenue Code for the purpose of providing for and promoting
7the welfare, protection, and humane treatment of animals. An
8organization that does not have its own building that
9maintains animals solely in foster homes or other licensees is
10an "animal shelter" for purposes of this Act. "Animal shelter"
11also means any veterinary hospital or clinic operated by a
12veterinarian or veterinarians licensed under the Veterinary
13Medicine and Surgery Practice Act of 2004 which operates for
14the above mentioned purpose in addition to its customary
15purposes.
16    "Day care operator" means a person who operates an
17establishment, other than an animal control facility,
18veterinary hospital, or animal shelter, where dogs or dogs and
19cats are kept for a period of time not exceeding 12 hours.
20However, facilities where dogs or cats are held for the sole
21purpose of grooming or facilities where dogs or cats are held
22for less than 12 hours for training purposes shall not be
23considered day care operators under this Act.
24    "Foster home" means an entity that accepts the
25responsibility for stewardship of animals that are the
26obligation of an animal shelter or animal control facility,

 

 

SB0705 Engrossed- 9 -LRB102 04511 CMG 14530 b

1not to exceed 4 foster animals or 2 litters under 8 weeks of
2age at any given time. A written agreement to operate as a
3"foster home" shall be contracted with the animal shelter or
4animal control facility.
5    "Guard dog service" means an entity that, for a fee,
6furnishes or leases guard or sentry dogs for the protection of
7life or property. A person is not a guard dog service solely
8because he or she owns a dog and uses it to guard his or her
9home, business, or farmland.
10    "Guard dog" means a type of dog used primarily for the
11purpose of defending, patrolling, or protecting property or
12life at a commercial establishment other than a farm. "Guard
13dog" does not include stock dogs used primarily for handling
14and controlling livestock or farm animals, nor does it include
15personally owned pets that also provide security.
16    "Return" in return to field or trap, neuter, return
17program means to return the cat to field after it has been
18sterilized and vaccinated for rabies.
19    "Sentry dog" means a dog trained to work without
20supervision in a fenced facility other than a farm, and to
21deter or detain unauthorized persons found within the
22facility.
23    "Probationary status" means the 12-month period following
24a series of violations of this Act during which any further
25violation shall result in an automatic 12-month suspension of
26licensure.

 

 

SB0705 Engrossed- 10 -LRB102 04511 CMG 14530 b

1    "Owner" means any person having a right of property in an
2animal, who keeps or harbors an animal, who has an animal in
3his or her care or acts as its custodian, or who knowingly
4permits a dog to remain on any premises occupied by him or her.
5"Owner" does not include a feral cat caretaker participating
6in a trap, spay/neuter, vaccinate for rabies, and return
7program.
8    "Offer for sale" means to sell, exchange for
9consideration, offer for adoption, advertise for the sale of,
10barter, auction, give away, or otherwise dispose of animals.
11(Source: P.A. 101-81, eff. 7-12-19; 101-295, eff. 8-9-19;
12102-586, eff. 2-23-22.)
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.