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

SB0705sam001 102ND GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 2/15/2022

 

 


 

 


 
10200SB0705sam001LRB102 04511 NLB 36411 a

1
AMENDMENT TO SENATE BILL 705

2    AMENDMENT NO. ______. Amend Senate Bill 705 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10200SB0705sam001- 2 -LRB102 04511 NLB 36411 a

1person who sells only such animals that he has produced and
2raised shall not be considered a pet shop operator under this
3Act, and a veterinary hospital or clinic operated by a
4veterinarian or veterinarians licensed under the Veterinary
5Medicine and Surgery Practice Act of 2004 shall not be
6considered a pet shop operator 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.

 

 

10200SB0705sam001- 3 -LRB102 04511 NLB 36411 a

1    "Boarding" means a time frame greater than 12 hours or an
2overnight period during which an animal is kept by a kennel
3operator.
4    "Cat breeder" means a person who sells, offers to sell,
5exchanges, or offers for adoption with or without charge cats
6that he or she has produced and raised. A person who owns, has
7possession of, or harbors 5 or less females capable of
8reproduction shall not be considered a cat breeder.
9    "Dog breeder" means a person who sells, offers to sell,
10exchanges, or offers for adoption with or without charge dogs
11that he has produced and raised. A person who owns, has
12possession of, or harbors 5 or less females capable of
13reproduction shall not be considered a dog breeder.
14    "Animal control facility" means any facility operated by
15or under 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

 

 

10200SB0705sam001- 4 -LRB102 04511 NLB 36411 a

1purpose of providing for and promoting the welfare,
2protection, and humane treatment of animals. An organization
3that does not have its own building that maintains animals
4solely in foster homes or other licensees is an "animal
5shelter" for purposes of this Act. "Animal shelter" also means
6any veterinary hospital or clinic operated by a veterinarian
7or veterinarians licensed under the Veterinary Medicine and
8Surgery Practice Act of 2004 which operates for the above
9mentioned purpose in addition to its customary purposes.
10    "Day care operator" means a person who operates an
11establishment, other than an animal control facility,
12veterinary hospital, or animal shelter, where dogs or dogs and
13cats are kept for a period of time not exceeding 12 hours.
14    "Foster home" means an entity that accepts the
15responsibility for stewardship of animals that are the
16obligation of an animal shelter or animal control facility,
17not to exceed 4 foster animals or 2 litters under 8 weeks of
18age at any given time. A written agreement to operate as a
19"foster home" shall be contracted with the animal shelter or
20animal control facility.
21    "Guard dog service" means an entity that, for a fee,
22furnishes or leases guard or sentry dogs for the protection of
23life or property. A person is not a guard dog service solely
24because he or she owns a dog and uses it to guard his or her
25home, business, or farmland.
26    "Guard dog" means a type of dog used primarily for the

 

 

10200SB0705sam001- 5 -LRB102 04511 NLB 36411 a

1purpose of defending, patrolling, or protecting property or
2life at a commercial establishment other than a farm. "Guard
3dog" does not include stock dogs used primarily for handling
4and controlling livestock or farm animals, nor does it include
5personally owned pets that also provide security.
6    "Return" in return to field or trap, neuter, return
7program means to return the cat to field after it has been
8sterilized and vaccinated for rabies.
9    "Sentry dog" means a dog trained to work without
10supervision in a fenced facility other than a farm, and to
11deter or detain unauthorized persons found within the
12facility.
13    "Probationary status" means the 12-month period following
14a series of violations of this Act during which any further
15violation shall result in an automatic 12-month suspension of
16licensure.
17    "Owner" means any person having a right of property in an
18animal, who keeps or harbors an animal, who has an animal in
19his or her care or acts as its custodian, or who knowingly
20permits a dog to remain on any premises occupied by him or her.
21"Owner" does not include a feral cat caretaker participating
22in a trap, spay/neuter, vaccinate for rabies, and return
23program.
24(Source: P.A. 100-842, eff. 1-1-19; 100-870, eff. 1-1-19;
25101-81, eff. 7-12-19; 101-295, eff. 8-9-19.)
 

 

 

10200SB0705sam001- 6 -LRB102 04511 NLB 36411 a

1    (Text of Section after amendment by P.A. 102-586)
2    Sec. 2. Definitions. As used in this Act unless the
3context otherwise requires:
4    "Department" means the Illinois Department of Agriculture.
5    "Director" means the Director of the Illinois Department
6of Agriculture.
7    "Pet shop operator" means any person who sells, offers to
8sell, exchange, or offers for adoption with or without charge
9or donation dogs, cats, birds, fish, reptiles, or other
10animals customarily obtained as pets in this State at retail
11to the public. However, a person who sells only such animals
12that he has produced and raised shall not be considered a pet
13shop operator under this Act, and a veterinary hospital or
14clinic operated by a veterinarian or veterinarians licensed
15under the Veterinary Medicine and Surgery Practice Act of 2004
16shall not be considered a pet shop operator under this Act.
17    "Dog dealer" means any person who sells, offers to sell,
18exchange, or offers for adoption with or without charge or
19donation dogs in this State. However, a person who sells dogs
20at retail to the public or who sells only dogs that he has
21produced and raised shall not be considered a dog dealer under
22this Act, and a veterinary hospital or clinic operated by a
23veterinarian or veterinarians licensed under the Veterinary
24Medicine and Surgery Practice Act of 2004 shall not be
25considered a dog dealer under this Act.
26    "Secretary of Agriculture" or "Secretary" means the

 

 

10200SB0705sam001- 7 -LRB102 04511 NLB 36411 a

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

 

 

10200SB0705sam001- 8 -LRB102 04511 NLB 36411 a

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

 

 

10200SB0705sam001- 9 -LRB102 04511 NLB 36411 a

1However, facilities where dogs or cats are held for the sole
2purpose of grooming or facilities where dogs or cats are held
3for less than 12 hours for training purposes shall not be
4considered day care operators under this Act.
5    "Foster home" means an entity that accepts the
6responsibility for stewardship of animals that are the
7obligation of an animal shelter or animal control facility,
8not to exceed 4 foster animals or 2 litters under 8 weeks of
9age at any given time. A written agreement to operate as a
10"foster home" shall be contracted with the animal shelter or
11animal control facility.
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    "Return" in return to field or trap, neuter, return
24program means to return the cat to field after it has been
25sterilized and vaccinated for rabies.
26    "Sentry dog" means a dog trained to work without

 

 

10200SB0705sam001- 10 -LRB102 04511 NLB 36411 a

1supervision in a fenced facility other than a farm, and to
2deter or detain unauthorized persons found within the
3facility.
4    "Probationary status" means the 12-month period following
5a series of violations of this Act during which any further
6violation shall result in an automatic 12-month suspension of
7licensure.
8    "Owner" means any person having a right of property in an
9animal, who keeps or harbors an animal, who has an animal in
10his or her care or acts as its custodian, or who knowingly
11permits a dog to remain on any premises occupied by him or her.
12"Owner" does not include a feral cat caretaker participating
13in a trap, spay/neuter, vaccinate for rabies, and return
14program.
15    "Offer for sale" means to sell, exchange for
16consideration, offer for adoption, advertise for the sale of,
17barter, auction, give away, or otherwise dispose of animals.
18(Source: P.A. 101-81, eff. 7-12-19; 101-295, eff. 8-9-19;
19102-586, eff. 2-23-22.)
 
20    Section 95. No acceleration or delay. Where this Act makes
21changes in a statute that is represented in this Act by text
22that is not yet or no longer in effect (for example, a Section
23represented by multiple versions), the use of that text does
24not accelerate or delay the taking effect of (i) the changes
25made by this Act or (ii) provisions derived from any other

 

 

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1Public Act.".