HB4029sam001 99TH GENERAL ASSEMBLY

Sen. Thomas Cullerton

Filed: 5/8/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4029

2    AMENDMENT NO. ______. Amend House Bill 4029 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Animal Welfare Act is amended by changing
5Sections 2, 3.4, and 10 and by adding Sections 3.6 and 3.7 as
6follows:
 
7    (225 ILCS 605/2)  (from Ch. 8, par. 302)
8    Sec. 2. Definitions. As used in this Act unless the context
9otherwise requires:
10    "Department" means the Illinois Department of Agriculture.
11    "Director" means the Director of the Illinois Department of
12Agriculture.
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 animals
16customarily obtained as pets in this State. However, a person

 

 

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

 

 

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1exchange, or offers for adoption with or without charge dogs or
2dogs and cats which he has produced and raised. A person who
3owns, has possession of, or harbors 5 or less females capable
4of reproduction shall not be considered a kennel operator.
5    "Cattery operator" means any person who operates an
6establishment, other than an animal control facility or animal
7shelter, where cats are maintained for boarding, training or
8similar purposes for a fee or compensation; or who sells,
9offers to sell, exchange, or offers for adoption with or
10without charges cats which he has produced and raised. A person
11who owns, has possession of, or harbors 5 or less females
12capable of reproduction shall not be considered a cattery
13operator.
14    "Animal control facility" means any facility operated by or
15under contract for the State, county, or any municipal
16corporation or political subdivision of the State for the
17purpose of impounding or harboring seized, stray, homeless,
18abandoned or unwanted dogs, cats, and other animals. "Animal
19control facility" also means any veterinary hospital or clinic
20operated by a veterinarian or veterinarians licensed under the
21Veterinary Medicine and Surgery Practice Act of 2004 which
22operates for the above mentioned purpose in addition to its
23customary purposes.
24    "Animal shelter" means a facility operated, owned, or
25maintained by a duly incorporated humane society, animal
26welfare society, or other non-profit organization for the

 

 

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1purpose of providing for and promoting the welfare, protection,
2and humane treatment of animals. "Animal shelter" also means
3any veterinary hospital or clinic operated by a veterinarian or
4veterinarians licensed under the Veterinary Medicine and
5Surgery Practice Act of 2004 which operates for the above
6mentioned purpose in addition to its customary purposes.
7    "Foster home" means an entity that accepts the
8responsibility for stewardship of animals that are the
9obligation of an animal shelter, not to exceed 4 animals at any
10given time. Permits to operate as a "foster home" shall be
11issued through the animal shelter.
12    "Guard dog service" means an entity that, for a fee,
13furnishes or leases guard or sentry dogs for the protection of
14life or property. A person is not a guard dog service solely
15because he or she owns a dog and uses it to guard his or her
16home, business, or farmland.
17    "Guard dog" means a type of dog used primarily for the
18purpose of defending, patrolling, or protecting property or
19life at a commercial establishment other than a farm. "Guard
20dog" does not include stock dogs used primarily for handling
21and controlling livestock or farm animals, nor does it include
22personally owned pets that also provide security.
23    "Sentry dog" means a dog trained to work without
24supervision in a fenced facility other than a farm, and to
25deter or detain unauthorized persons found within the facility.
26    "Probationary status" means the 12-month period following

 

 

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1a series of violations of this Act during which any further
2violation shall result in an automatic 12-month suspension of
3licensure.
4    "Owner" means any person having a right of property in an
5animal, who keeps or harbors an animal, who has an animal in
6his or her care or acts as its custodian, or who knowingly
7permits a dog to remain on any premises occupied by him or her.
8"Owner" does not include a feral cat caretaker participating in
9a trap, spay/neuter, return or release program.
10(Source: P.A. 95-550, eff. 6-1-08.)
 
11    (225 ILCS 605/3.4)
12    Sec. 3.4. Transfer Release of animals between to shelters.
13An animal shelter or animal control facility may not release
14any animal to an individual representing an animal shelter,
15unless (1) the recipient animal shelter has been licensed or
16has a foster care permit issued by the Department or (2) the
17individual is a representative of a not-for-profit,
18out-of-State organization who is transferring the animal out of
19the State of Illinois.
20(Source: P.A. 96-314, eff. 8-11-09.)
 
21    (225 ILCS 605/3.6 new)
22    Sec. 3.6. Acceptance of stray dogs and cats.
23    (a) No animal shelter may accept a stray dog or cat unless
24the animal is reported by the shelter to the animal control or

 

 

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1law enforcement of the county in which the animal is found by
2the next business day. An animal shelter may accept animals
3from: (1) the owner of the animal where the owner signs a
4relinquishment form which states he or she is the owner of the
5animal; (2) an animal shelter licensed under this Act; or (3)
6an out-of-state animal control facility, rescue group, or
7animal shelter that is duly licensed in their state or is a
8not-for-profit organization.
9    (b) When stray dogs and cats are accepted by an animal
10shelter, they must be scanned for the presence of a microchip
11and examined for other currently-acceptable methods of
12identification, including, but not limited to, identification
13tags, tattoos, and rabies license tags. The examination for
14identification shall be done within 24 hours after the intake
15of each dog or cat. The animal shelter shall notify the owner
16and transfer any dog with an identified owner to the animal
17control or law enforcement agency in the jurisdiction in which
18it was found or the local animal control agency for redemption.
19    (c) If no transfer can occur, the animal shelter shall make
20every reasonable attempt to contact the owner, agent, or
21caretaker as soon as possible. The animal shelter shall give
22notice of not less than 7 business days to the owner, agent, or
23caretaker prior to disposal of the animal. The notice shall be
24mailed to the last known address of the owner, agent, or
25caretaker. Testimony of the animal shelter, or its authorized
26agent, who mails the notice shall be evidence of the receipt of

 

 

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1the notice by the owner, agent, or caretaker of the animal. A
2mailed notice shall remain the primary means of owner, agent,
3or caretaker contact; however, the animal shelter shall also
4attempt to contact the owner, agent, or caretaker by any other
5contact information, such as by telephone or email address,
6provided by the microchip or other method of identification
7found on the dog or cat. If the dog or cat has been
8microchipped and the primary contact listed by the chip
9manufacturer cannot be located or refuses to reclaim the dog or
10cat, an attempt shall be made to contact any secondary contacts
11listed by the chip manufacturer prior to adoption, transfer, or
12euthanization. Prior to transferring any stray dog or cat to
13another humane shelter or rescue group or euthanization, the
14dog or cat shall be scanned again for the presence of a
15microchip and examined for other means of identification. If a
16second scan provides the same identifying information as the
17initial intake scan and the owner, agent, or caretaker has not
18been located or refuses to reclaim the dog or cat, the animal
19shelter may proceed with adoption, transfer, or euthanization.
20The provisions of this subsection (c) do not apply to feral
21cats.
22    (d) When stray dogs and cats are accepted by an animal
23shelter and no owner can be identified, the shelter shall hold
24the animal for the period specified in local ordinance prior to
25adoption, transfer, or euthanasia. The animal shelter shall
26allow access to the public to view the animals housed there. If

 

 

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1a dog is identified by an owner who desires to make redemption
2of it, the dog shall be transferred to the local animal control
3for redemption. If no transfer can occur, the animal shelter
4shall proceed pursuant to Section 3.7. Upon lapse of the hold
5period specified in local ordinance and no owner can be
6identified, ownership of the animal, by operation of law,
7transfers to the shelter that has custody of the animal. The
8provisions of this subsection (d) do not apply to feral cats.
9    (e) No representative of an animal shelter may enter
10private property and remove an animal, nor can any
11representative of an animal shelter direct another individual
12to enter private property and remove an animal unless the
13individual is an approved humane investigator (approved by the
14Department) operating pursuant to the provisions of the Humane
15Care for Animals Act.
16    (f) Nothing in this Section limits an animal shelter and an
17animal control facility who, through mutual agreement, wish to
18enter into an agreement for animal control, boarding, holding,
19or other services provided that the agreement requires parties
20adhere to the provisions of the Animal Control Act, the Humane
21Euthanasia in Animal Shelters Act, and the Humane Care for
22Animals Act.
 
23    (225 ILCS 605/3.7 new)
24    Sec. 3.7. Redemption of stray dogs and cats from animal
25shelters. Any owner, agent, or caretaker wishing to make

 

 

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1redemption of a dog or cat held by a shelter under the
2provisions of subsection (c) of Section 3.6 of this Act may do
3so by doing the following:
4        (1) paying the shelter for the board of the dog or cat
5    for the period the shelter was in possession of the animal;
6    the daily boarding rate shall not exceed the daily boarding
7    rate of the animal control agency in the jurisdiction in
8    which the shelter is located; and
9        (2) paying the shelter for reasonable costs of
10    veterinary care, if applicable.
11    The shelter has the option to waive any fees or veterinary
12costs.
13    The provisions of this Section do not apply to feral cats.
 
14    (225 ILCS 605/10)  (from Ch. 8, par. 310)
15    Sec. 10. Grounds for discipline. The Department may refuse
16to issue or renew or may suspend or revoke a license on any one
17or more of the following grounds:
18    a. Material misstatement in the application for original
19license or in the application for any renewal license under
20this Act;
21    b. A violation of this Act or of any regulations or rules
22issued pursuant thereto;
23    c. Aiding or abetting another in the violation of this Act
24or of any regulation or rule issued pursuant thereto;
25    d. Allowing one's license under this Act to be used by an

 

 

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1unlicensed person;
2    e. Conviction of any crime an essential element of which is
3misstatement, fraud or dishonesty or conviction of any felony,
4if the Department determines, after investigation, that such
5person has not been sufficiently rehabilitated to warrant the
6public trust;
7    f. Conviction of a violation of any law of Illinois except
8minor violations such as traffic violations and violations not
9related to the disposition of dogs, cats and other animals or
10any rule or regulation of the Department relating to dogs or
11cats and sale thereof;
12    g. Making substantial misrepresentations or false promises
13of a character likely to influence, persuade or induce in
14connection with the business of a licensee under this Act;
15    h. Pursuing a continued course of misrepresentation of or
16making false promises through advertising, salesman, agents or
17otherwise in connection with the business of a licensee under
18this Act;
19    i. Failure to possess the necessary qualifications or to
20meet the requirements of the Act for the issuance or holding a
21license; or
22    j. Proof that the licensee is guilty of gross negligence,
23incompetency, or cruelty with regard to animals.
24    The Department may refuse to issue or may suspend the
25license of any person who fails to file a return, or to pay the
26tax, penalty or interest shown in a filed return, or to pay any

 

 

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1final assessment of tax, penalty or interest, as required by
2any tax Act administered by the Illinois Department of Revenue,
3until such time as the requirements of any such tax Act are
4satisfied.
5    The Department may order any licensee to cease operation
6for a period not to exceed 72 hours to correct deficiencies in
7order to meet licensing requirements.
8    If the Department revokes a license under this Act at an
9administrative hearing, the licensee and any individuals
10associated with that license shall be prohibited from applying
11for or obtaining a license under this Act for a minimum of 3
12years.
13(Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97;
1490-403, eff. 8-15-97.)".