Full Text of SB0705 102nd General Assembly
SB0705eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning agriculture.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Animal Welfare Act is amended by changing | 5 | | Section 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 | 9 | | context otherwise
requires:
| 10 | | "Department" means the Illinois Department of Agriculture.
| 11 | | "Director" means the Director of the Illinois Department | 12 | | of Agriculture.
| 13 | | "Pet shop operator" means any person who sells, offers to | 14 | | sell,
exchange, or offers for adoption with or without charge | 15 | | or donation dogs,
cats, birds, fish, reptiles, or other | 16 | | animals customarily obtained as pets
in this State. However, a | 17 | | person who sells only such animals that he has
produced and | 18 | | raised shall not be considered a pet shop operator under this
| 19 | | Act, and a veterinary hospital or clinic operated by a | 20 | | veterinarian or
veterinarians licensed under the Veterinary | 21 | | Medicine and Surgery Practice
Act of 2004 shall not be | 22 | | considered a pet shop operator under this
Act.
| 23 | | "Dog dealer" means any person who sells, offers to sell, |
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| 1 | | exchange, or
offers for adoption with or without charge or | 2 | | donation dogs in this State.
However, a person who sells only | 3 | | dogs that he has produced and raised shall
not be considered a | 4 | | dog dealer under this Act, and a veterinary hospital or
clinic | 5 | | operated by a veterinarian or veterinarians licensed under the
| 6 | | Veterinary Medicine and Surgery Practice Act of 2004
shall not | 7 | | be considered a dog dealer under this Act.
| 8 | | "Secretary of Agriculture" or "Secretary" means the | 9 | | Secretary of
Agriculture of the United States Department of | 10 | | Agriculture.
| 11 | | "Person" means any person, firm, corporation, partnership, | 12 | | association
or other legal entity, any public or private | 13 | | institution, the State of
Illinois, or any municipal | 14 | | corporation or political subdivision of the
State.
| 15 | | "Kennel operator" means any person who operates an | 16 | | establishment, other
than an animal control facility, | 17 | | veterinary hospital, or animal
shelter, where dogs or dogs and | 18 | | cats are maintained
for boarding, training or similar purposes | 19 | | for a fee or compensation.
| 20 | | "Boarding" means a time frame greater than 12 hours or an | 21 | | overnight period during which an animal is kept by a kennel | 22 | | operator. | 23 | | "Cat breeder" means a person who sells, offers to sell, | 24 | | exchanges, or offers for adoption with or without charge cats | 25 | | that he or she has produced and raised. A person who owns, has | 26 | | possession of, or harbors 5 or less females capable of |
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| 1 | | reproduction shall not be considered a cat breeder. | 2 | | "Dog breeder" means a person who sells, offers to sell, | 3 | | exchanges, or offers for adoption with or without charge dogs | 4 | | that he has produced and raised. A person who owns, has | 5 | | possession of, or harbors 5 or less females capable of | 6 | | reproduction shall not be considered a dog breeder.
| 7 | | "Animal control facility" means any facility operated by | 8 | | or
under contract for the State,
county, or any municipal | 9 | | corporation or political subdivision of the State
for the | 10 | | purpose of impounding or harboring seized, stray, homeless,
| 11 | | abandoned or unwanted dogs, cats, and other animals. "Animal | 12 | | control
facility" also means any
veterinary hospital or clinic | 13 | | operated by a veterinarian or veterinarians
licensed under the | 14 | | Veterinary Medicine and Surgery Practice Act of 2004 which
| 15 | | operates for the above mentioned purpose in addition to its | 16 | | customary purposes.
| 17 | | "Animal shelter" means a facility operated, owned, or | 18 | | maintained by a duly
incorporated humane society, animal | 19 | | welfare society, or other non-profit
organization for the | 20 | | purpose of providing for and promoting the welfare,
| 21 | | protection, and humane treatment of animals. An organization | 22 | | that does not have its own building that maintains animals | 23 | | solely in foster homes or other licensees is an "animal | 24 | | shelter" for purposes of this Act. "Animal shelter" also means | 25 | | any
veterinary hospital or clinic operated by a veterinarian | 26 | | or veterinarians
licensed under the Veterinary Medicine and |
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| 1 | | Surgery Practice Act of 2004 which
operates for the above | 2 | | mentioned purpose in addition to its customary purposes.
| 3 | | "Day care operator" means a person who operates an | 4 | | establishment, other than an animal control facility, | 5 | | veterinary hospital, or animal shelter, where dogs or dogs and | 6 | | cats are kept for a period of time not exceeding 12 hours. | 7 | | "Foster home" means an entity that accepts the | 8 | | responsibility for
stewardship of animals that are the | 9 | | obligation of an animal shelter or animal control facility, | 10 | | not to
exceed 4 foster animals or 2 litters under 8 weeks of | 11 | | age at any given time. A written agreement to operate as a | 12 | | "foster home"
shall be contracted with the animal shelter or | 13 | | animal control facility.
| 14 | | "Guard dog service" means an entity that, for a fee, | 15 | | furnishes or leases
guard or sentry dogs for the protection of | 16 | | life or property. A person
is not a guard dog service solely | 17 | | because he or she owns a dog and uses it to
guard his or her | 18 | | home, business, or farmland.
| 19 | | "Guard dog" means a type of dog used primarily for the | 20 | | purpose of defending,
patrolling, or protecting property or | 21 | | life at a commercial establishment
other than a farm. "Guard | 22 | | dog" does not include stock dogs used primarily for
handling | 23 | | and controlling livestock or farm animals, nor does it include
| 24 | | personally owned pets that also provide security.
| 25 | | "Return" in return to field or trap, neuter, return | 26 | | program means to return the cat to field after it has been |
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| 1 | | sterilized and vaccinated for rabies. | 2 | | "Sentry dog" means a dog trained to work without | 3 | | supervision in a fenced
facility other than a farm, and to | 4 | | deter or detain unauthorized persons found
within the | 5 | | facility.
| 6 | | "Probationary status" means the 12-month period following | 7 | | a series of violations of this Act during which any further | 8 | | violation shall result in an automatic 12-month suspension of | 9 | | licensure.
| 10 | | "Owner" means any person having a right of property in an | 11 | | animal, who keeps or harbors an animal, who has an animal in | 12 | | his or her care or acts as its custodian, or who knowingly | 13 | | permits a dog to remain on any premises occupied by him or her. | 14 | | "Owner" does not include a feral cat caretaker participating | 15 | | in a trap, spay/neuter, vaccinate for rabies, and return | 16 | | program. | 17 | | (Source: P.A. 100-842, eff. 1-1-19; 100-870, eff. 1-1-19; | 18 | | 101-81, 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 | 21 | | context otherwise
requires:
| 22 | | "Department" means the Illinois Department of Agriculture.
| 23 | | "Director" means the Director of the Illinois Department | 24 | | of Agriculture.
| 25 | | "Pet shop operator" means any person who sells, offers to |
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| 1 | | sell,
exchange, or offers for adoption with or without charge | 2 | | or donation dogs,
cats, birds, fish, reptiles, or other | 3 | | animals customarily obtained as pets
in this State at retail | 4 | | to the public. However, a person who sells only such animals | 5 | | that he has
produced and raised shall not be considered a pet | 6 | | shop operator under this
Act, and a veterinary hospital or | 7 | | clinic operated by a veterinarian or
veterinarians licensed | 8 | | under the Veterinary Medicine and Surgery Practice
Act of 2004 | 9 | | shall not be considered a pet shop operator under this
Act.
| 10 | | "Dog dealer" means any person who sells, offers to sell, | 11 | | exchange, or
offers for adoption with or without charge or | 12 | | donation dogs in this State.
However, a person who sells dogs | 13 | | at retail to the public or who sells only dogs that he has | 14 | | produced and raised shall
not be considered a dog dealer under | 15 | | this Act, and a veterinary hospital or
clinic operated by a | 16 | | veterinarian or veterinarians licensed under the
Veterinary | 17 | | Medicine and Surgery Practice Act of 2004
shall not be | 18 | | considered a dog dealer under this Act.
| 19 | | "Secretary of Agriculture" or "Secretary" means the | 20 | | Secretary of
Agriculture of the United States Department of | 21 | | Agriculture.
| 22 | | "Person" means any person, firm, corporation, partnership, | 23 | | association
or other legal entity, any public or private | 24 | | institution, the State of
Illinois, or any municipal | 25 | | corporation or political subdivision of the
State.
| 26 | | "Kennel operator" means any person who operates an |
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| 1 | | establishment, other
than an animal control facility, | 2 | | veterinary hospital, or animal
shelter, where dogs or dogs and | 3 | | cats are maintained
for boarding, training or similar purposes | 4 | | for a fee or compensation.
| 5 | | "Boarding" means a time frame greater than 12 hours or an | 6 | | overnight period during which an animal is kept by a kennel | 7 | | operator. | 8 | | "Cat breeder" means a person who sells, offers to sell, | 9 | | exchanges, or offers for adoption with or without charge cats | 10 | | that he or she has produced and raised. A person who owns, has | 11 | | possession of, or harbors 5 or less females capable of | 12 | | reproduction shall not be considered a cat breeder. | 13 | | "Dog breeder" means a person who sells, offers to sell, | 14 | | exchanges, or offers for adoption with or without charge dogs | 15 | | that he has produced and raised. A person who owns, has | 16 | | possession of, or harbors 5 or less females capable of | 17 | | reproduction shall not be considered a dog breeder.
| 18 | | "Animal control facility" means any facility operated by | 19 | | or
under contract for the State,
county, or any municipal | 20 | | corporation or political subdivision of the State
for the | 21 | | purpose of impounding or harboring seized, stray, homeless,
| 22 | | abandoned or unwanted dogs, cats, and other animals. "Animal | 23 | | control
facility" also means any
veterinary hospital or clinic | 24 | | operated by a veterinarian or veterinarians
licensed under the | 25 | | Veterinary Medicine and Surgery Practice Act of 2004 which
| 26 | | operates for the above mentioned purpose in addition to its |
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| 1 | | customary purposes.
| 2 | | "Animal shelter" means a facility operated, owned, or | 3 | | maintained by a duly
incorporated humane society, animal | 4 | | welfare society, or other non-profit
organization having | 5 | | tax-exempt status under Section 501(c)(3) of the Internal | 6 | | Revenue Code for the purpose of providing for and promoting | 7 | | the welfare,
protection, and humane treatment of animals. An | 8 | | organization that does not have its own building that | 9 | | maintains animals solely in foster homes or other licensees is | 10 | | an "animal shelter" for purposes of this Act. "Animal shelter" | 11 | | also means any
veterinary hospital or clinic operated by a | 12 | | veterinarian or veterinarians
licensed under the Veterinary | 13 | | Medicine and Surgery Practice Act of 2004 which
operates for | 14 | | the above mentioned purpose in addition to its customary | 15 | | purposes.
| 16 | | "Day care operator" means a person who operates an | 17 | | establishment, other than an animal control facility, | 18 | | veterinary hospital, or animal shelter, where dogs or dogs and | 19 | | cats are kept for a period of time not exceeding 12 hours. | 20 | | However, facilities where dogs or cats are held for the sole | 21 | | purpose of grooming or facilities where dogs or cats are held | 22 | | for less than 12 hours for training purposes shall not be | 23 | | considered day care operators under this Act. | 24 | | "Foster home" means an entity that accepts the | 25 | | responsibility for
stewardship of animals that are the | 26 | | obligation of an animal shelter or animal control facility, |
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| 1 | | not to
exceed 4 foster animals or 2 litters under 8 weeks of | 2 | | age at any given time. A written agreement to operate as a | 3 | | "foster home"
shall be contracted with the animal shelter or | 4 | | animal control facility.
| 5 | | "Guard dog service" means an entity that, for a fee, | 6 | | furnishes or leases
guard or sentry dogs for the protection of | 7 | | life or property. A person
is not a guard dog service solely | 8 | | because he or she owns a dog and uses it to
guard his or her | 9 | | home, business, or farmland.
| 10 | | "Guard dog" means a type of dog used primarily for the | 11 | | purpose of defending,
patrolling, or protecting property or | 12 | | life at a commercial establishment
other than a farm. "Guard | 13 | | dog" does not include stock dogs used primarily for
handling | 14 | | and controlling livestock or farm animals, nor does it include
| 15 | | personally owned pets that also provide security.
| 16 | | "Return" in return to field or trap, neuter, return | 17 | | program means to return the cat to field after it has been | 18 | | sterilized and vaccinated for rabies. | 19 | | "Sentry dog" means a dog trained to work without | 20 | | supervision in a fenced
facility other than a farm, and to | 21 | | deter or detain unauthorized persons found
within the | 22 | | facility.
| 23 | | "Probationary status" means the 12-month period following | 24 | | a series of violations of this Act during which any further | 25 | | violation shall result in an automatic 12-month suspension of | 26 | | licensure.
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| 1 | | "Owner" means any person having a right of property in an | 2 | | animal, who keeps or harbors an animal, who has an animal in | 3 | | his or her care or acts as its custodian, or who knowingly | 4 | | permits a dog to remain on any premises occupied by him or her. | 5 | | "Owner" does not include a feral cat caretaker participating | 6 | | in a trap, spay/neuter, vaccinate for rabies, and return | 7 | | program. | 8 | | "Offer for sale" means to sell, exchange for | 9 | | consideration, offer for adoption, advertise for the sale of, | 10 | | barter, auction, give away, or otherwise dispose of animals. | 11 | | (Source: P.A. 101-81, eff. 7-12-19; 101-295, eff. 8-9-19; | 12 | | 102-586, eff. 2-23-22.)
| 13 | | Section 95. No acceleration or delay. Where this Act makes | 14 | | changes in a statute that is represented in this Act by text | 15 | | that is not yet or no longer in effect (for example, a Section | 16 | | represented by multiple versions), the use of that text does | 17 | | not accelerate or delay the taking effect of (i) the changes | 18 | | made by this Act or (ii) provisions derived from any other | 19 | | Public Act. |
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