Full Text of SB1230 103rd General Assembly
SB1230eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 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 | | Sections 2 and 10 as follows:
| 6 | | (225 ILCS 605/2) (from Ch. 8, par. 302)
| 7 | | Sec. 2. Definitions. As used in this Act unless the | 8 | | context otherwise
requires:
| 9 | | "Department" means the Illinois Department of Agriculture.
| 10 | | "Director" means the Director of the Illinois Department | 11 | | of Agriculture.
| 12 | | "Pet shop operator" means any person who sells, offers to | 13 | | sell,
exchange, or offers for adoption with or without charge | 14 | | or donation dogs,
cats, birds, fish, reptiles, or other | 15 | | animals customarily obtained as pets
in this State at retail | 16 | | to the public. However, a person who sells only such animals | 17 | | that he has
produced and raised shall not be considered a pet | 18 | | shop operator under this
Act, and a veterinary hospital or | 19 | | clinic operated by a veterinarian or
veterinarians licensed | 20 | | under the Veterinary Medicine and Surgery Practice
Act of 2004 | 21 | | shall not be considered a pet shop operator under this
Act.
| 22 | | "Dog dealer" means any person who sells, offers to sell, | 23 | | exchange, or
offers for adoption with or without charge or |
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| 1 | | donation dogs in this State.
However, a person who sells dogs | 2 | | at retail to the public or only dogs that he has produced and | 3 | | raised shall
not be considered a dog dealer under this Act, and | 4 | | a veterinary hospital or
clinic operated by a veterinarian or | 5 | | veterinarians licensed under the
Veterinary Medicine and | 6 | | Surgery Practice Act of 2004
shall not be considered a dog | 7 | | 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 having | 20 | | tax-exempt status under Section 501(c)(3) of the Internal | 21 | | Revenue Code for the purpose of providing for and promoting | 22 | | the welfare,
protection, and humane treatment of animals. An | 23 | | organization that does not have its own building that | 24 | | maintains animals solely in foster homes or other licensees is | 25 | | an "animal shelter" for purposes of this Act. "Animal shelter" | 26 | | also means any
veterinary hospital or clinic operated by a |
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| 1 | | veterinarian or veterinarians
licensed under the Veterinary | 2 | | Medicine and Surgery Practice Act of 2004 which
operates for | 3 | | the above mentioned purpose in addition to its customary | 4 | | purposes. However, a person who sells dogs at retail to the | 5 | | public shall not be considered an animal shelter under this | 6 | | Act.
| 7 | | "Day care operator" means a person who operates an | 8 | | establishment, other than an animal control facility, | 9 | | veterinary hospital, or animal shelter, where dogs or dogs and | 10 | | cats are kept for a period of time not exceeding 12 hours. | 11 | | "Foster home" means an entity that accepts the | 12 | | responsibility for
stewardship of animals that are the | 13 | | obligation of an animal shelter or animal control facility, | 14 | | not to
exceed 4 foster animals or 2 litters under 8 weeks of | 15 | | age at any given time. A written agreement to operate as a | 16 | | "foster home"
shall be contracted with the animal shelter or | 17 | | animal control facility.
| 18 | | "Guard dog service" means an entity that, for a fee, | 19 | | furnishes or leases
guard or sentry dogs for the protection of | 20 | | life or property. A person
is not a guard dog service solely | 21 | | because he or she owns a dog and uses it to
guard his or her | 22 | | home, business, or farmland.
| 23 | | "Guard dog" means a type of dog used primarily for the | 24 | | purpose of defending,
patrolling, or protecting property or | 25 | | life at a commercial establishment
other than a farm. "Guard | 26 | | dog" does not include stock dogs used primarily for
handling |
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| 1 | | and controlling livestock or farm animals, nor does it include
| 2 | | personally owned pets that also provide security.
| 3 | | "Return" in return to field or trap, neuter, return | 4 | | program means to return the cat to field after it has been | 5 | | sterilized and vaccinated for rabies. | 6 | | "Sentry dog" means a dog trained to work without | 7 | | supervision in a fenced
facility other than a farm, and to | 8 | | deter or detain unauthorized persons found
within the | 9 | | facility.
| 10 | | "Probationary status" means the 12-month period following | 11 | | a series of violations of this Act during which any further | 12 | | violation shall result in an automatic 12-month suspension of | 13 | | licensure.
| 14 | | "Owner" means any person having a right of property in an | 15 | | animal, who keeps or harbors an animal, who has an animal in | 16 | | his or her care or acts as its custodian, or who knowingly | 17 | | permits a dog to remain on any premises occupied by him or her. | 18 | | "Owner" does not include a feral cat caretaker participating | 19 | | in a trap, spay/neuter, vaccinate for rabies, and return | 20 | | program. | 21 | | "Offer for sale" means to sell, exchange for | 22 | | consideration, offer for adoption, advertise for the sale of, | 23 | | barter, auction, give away, or otherwise dispose of animals. | 24 | | "At retail to the public" means the selling or offering | 25 | | for sale, whether by appointment or otherwise, companion | 26 | | animals at a brick-and-mortar establishment that were obtained |
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| 1 | | from breeders or brokers for compensation and not bred on its | 2 | | premises. | 3 | | (Source: P.A. 101-81, eff. 7-12-19; 101-295, eff. 8-9-19; | 4 | | 102-586, eff. 2-23-22 .)
| 5 | | (225 ILCS 605/10) (from Ch. 8, par. 310)
| 6 | | Sec. 10. Grounds for discipline. The Department may refuse | 7 | | to issue or
renew or may suspend or
revoke a license on any one | 8 | | or more of the following grounds:
| 9 | | a. material misstatement in the application for | 10 | | original license or in
the application for any renewal | 11 | | license under this Act;
| 12 | | b. a violation of this Act or of any regulations
or
| 13 | | rules issued pursuant thereto;
| 14 | | c. aiding or abetting another in the violation of this | 15 | | Act or
of any regulation or rule issued pursuant thereto;
| 16 | | d. allowing one's license under this Act to be used by | 17 | | an unlicensed
person;
| 18 | | e. for licensees, conviction of any crime an essential | 19 | | element of which is
misstatement, fraud or dishonesty or | 20 | | conviction of any felony, if the
Department determines, | 21 | | after investigation, that such person has not been
| 22 | | sufficiently rehabilitated to warrant the public trust; | 23 | | for applicants, the Department may refuse to issue a | 24 | | license based on a conviction of any felony or a | 25 | | misdemeanor directly related to the practice of the |
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| 1 | | profession if the Department determines in accordance with | 2 | | Section 4 that such conviction will impair the ability of | 3 | | the applicant to engage in the position for which a | 4 | | license is sought;
| 5 | | f. conviction of a violation of any law of Illinois | 6 | | except minor
violations such as traffic violations and | 7 | | violations not related to the
disposition of dogs, cats | 8 | | and other animals or any rule or regulation of
the | 9 | | Department relating to dogs or cats and sale thereof;
| 10 | | g. making substantial misrepresentations or false | 11 | | promises of a
character likely to influence, persuade or | 12 | | induce in connection with the
business of a licensee under | 13 | | this Act;
| 14 | | h. pursuing a continued course of misrepresentation of | 15 | | or making false
promises through advertising, salesman, | 16 | | agents or otherwise in connection
with the business of a | 17 | | licensee under this Act;
| 18 | | i. failure to possess the necessary qualifications or | 19 | | to meet the
requirements of the Act for the issuance or | 20 | | holding a license; or
| 21 | | j. proof that the licensee is guilty of gross | 22 | | negligence,
incompetency, or cruelty with regard to | 23 | | animals ; or . | 24 | | k. operating without a proper license under this Act.
| 25 | | The Department may refuse to issue or may suspend the | 26 | | license
of any person who fails to file a return, or to pay the |
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| 1 | | tax, penalty or
interest shown in a filed return, or to pay any | 2 | | final assessment of tax,
penalty or interest, as required by | 3 | | any tax Act administered by the
Illinois Department of | 4 | | Revenue, until such time as the requirements of any
such tax | 5 | | Act are satisfied.
| 6 | | The Department may order any licensee to cease operation | 7 | | for a period not
to exceed 72 hours to correct deficiencies in | 8 | | order to meet licensing
requirements.
| 9 | | If the Department revokes a license under this Act at an | 10 | | administrative hearing, the licensee and any individuals | 11 | | associated with that license shall be prohibited from applying | 12 | | for or obtaining a license under this Act for a minimum of 3 | 13 | | years. | 14 | | (Source: P.A. 99-310, eff. 1-1-16; 100-286, eff. 1-1-18 .)
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