Full Text of SB0129 103rd General Assembly
SB0129 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0129 Introduced 1/24/2023, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: |
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225 ILCS 605/2 | from Ch. 8, par. 302 |
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Amends the Animal Welfare Act. Provides that the definition of "dog dealer" does not include a person who sells dogs at retail to the public.
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| | A BILL FOR |
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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 | | Section 2 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, including by appointment only, or | 3 | | only dogs that he has produced and raised shall
not be | 4 | | considered a dog dealer under this Act, and a veterinary | 5 | | hospital or
clinic operated by a veterinarian or veterinarians | 6 | | licensed under the
Veterinary Medicine and Surgery Practice | 7 | | Act of 2004
shall not be considered a dog dealer under this | 8 | | Act.
| 9 | | "Secretary of Agriculture" or "Secretary" means the | 10 | | Secretary of
Agriculture of the United States Department of | 11 | | Agriculture.
| 12 | | "Person" means any person, firm, corporation, partnership, | 13 | | association
or other legal entity, any public or private | 14 | | institution, the State of
Illinois, or any municipal | 15 | | corporation or political subdivision of the
State.
| 16 | | "Kennel operator" means any 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 maintained
for boarding, training or similar purposes | 20 | | for a fee or compensation.
| 21 | | "Boarding" means a time frame greater than 12 hours or an | 22 | | overnight period during which an animal is kept by a kennel | 23 | | operator. | 24 | | "Cat breeder" means a person who sells, offers to sell, | 25 | | exchanges, or offers for adoption with or without charge cats | 26 | | that he or she has produced and raised. A person who owns, has |
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| 1 | | possession of, or harbors 5 or less females capable of | 2 | | reproduction shall not be considered a cat breeder. | 3 | | "Dog breeder" means a person who sells, offers to sell, | 4 | | exchanges, or offers for adoption with or without charge dogs | 5 | | that he has produced and raised. A person who owns, has | 6 | | possession of, or harbors 5 or less females capable of | 7 | | reproduction shall not be considered a dog breeder.
| 8 | | "Animal control facility" means any facility operated by | 9 | | or
under contract for the State,
county, or any municipal | 10 | | corporation or political subdivision of the State
for the | 11 | | purpose of impounding or harboring seized, stray, homeless,
| 12 | | abandoned or unwanted dogs, cats, and other animals. "Animal | 13 | | control
facility" also means any
veterinary hospital or clinic | 14 | | operated by a veterinarian or veterinarians
licensed under the | 15 | | Veterinary Medicine and Surgery Practice Act of 2004 which
| 16 | | operates for the above mentioned purpose in addition to its | 17 | | customary purposes.
| 18 | | "Animal shelter" means a facility operated, owned, or | 19 | | maintained by a duly
incorporated humane society, animal | 20 | | welfare society, or other non-profit
organization having | 21 | | tax-exempt status under Section 501(c)(3) of the Internal | 22 | | Revenue Code for the purpose of providing for and promoting | 23 | | the welfare,
protection, and humane treatment of animals. An | 24 | | organization that does not have its own building that | 25 | | maintains animals solely in foster homes or other licensees is | 26 | | an "animal shelter" for purposes of this Act. "Animal shelter" |
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| 1 | | also means any
veterinary hospital or clinic operated by a | 2 | | veterinarian or veterinarians
licensed under the Veterinary | 3 | | Medicine and Surgery Practice Act of 2004 which
operates for | 4 | | the above mentioned purpose in addition to its customary | 5 | | purposes.
| 6 | | "Day care operator" means a person who operates an | 7 | | establishment, other than an animal control facility, | 8 | | veterinary hospital, or animal shelter, where dogs or dogs and | 9 | | cats are kept for a period of time not exceeding 12 hours. | 10 | | "Foster home" means an entity that accepts the | 11 | | responsibility for
stewardship of animals that are the | 12 | | obligation of an animal shelter or animal control facility, | 13 | | not to
exceed 4 foster animals or 2 litters under 8 weeks of | 14 | | age at any given time. A written agreement to operate as a | 15 | | "foster home"
shall be contracted with the animal shelter or | 16 | | animal control facility.
| 17 | | "Guard dog service" means an entity that, for a fee, | 18 | | furnishes or leases
guard or sentry dogs for the protection of | 19 | | life or property. A person
is not a guard dog service solely | 20 | | because he or she owns a dog and uses it to
guard his or her | 21 | | home, business, or farmland.
| 22 | | "Guard dog" means a type of dog used primarily for the | 23 | | purpose of defending,
patrolling, or protecting property or | 24 | | life at a commercial establishment
other than a farm. "Guard | 25 | | dog" does not include stock dogs used primarily for
handling | 26 | | and controlling livestock or farm animals, nor does it include
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| 1 | | personally owned pets that also provide security.
| 2 | | "Return" in return to field or trap, neuter, return | 3 | | program means to return the cat to field after it has been | 4 | | sterilized and vaccinated for rabies. | 5 | | "Sentry dog" means a dog trained to work without | 6 | | supervision in a fenced
facility other than a farm, and to | 7 | | deter or detain unauthorized persons found
within the | 8 | | facility.
| 9 | | "Probationary status" means the 12-month period following | 10 | | a series of violations of this Act during which any further | 11 | | violation shall result in an automatic 12-month suspension of | 12 | | licensure.
| 13 | | "Owner" means any person having a right of property in an | 14 | | animal, who keeps or harbors an animal, who has an animal in | 15 | | his or her care or acts as its custodian, or who knowingly | 16 | | permits a dog to remain on any premises occupied by him or her. | 17 | | "Owner" does not include a feral cat caretaker participating | 18 | | in a trap, spay/neuter, vaccinate for rabies, and return | 19 | | program. | 20 | | "Offer for sale" means to sell, exchange for | 21 | | consideration, offer for adoption, advertise for the sale of, | 22 | | barter, auction, give away, or otherwise dispose of animals. | 23 | | (Source: P.A. 101-81, eff. 7-12-19; 101-295, eff. 8-9-19; | 24 | | 102-586, eff. 2-23-22 .)
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