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| | SB0705 Engrossed | | LRB102 04511 CMG 14530 b |
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1 | | AN ACT concerning agriculture.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Animal Welfare Act is amended by changing |
5 | | Section 2 as follows:
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6 | | (225 ILCS 605/2) (from Ch. 8, par. 302)
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7 | | (Text of Section before amendment by P.A. 102-586 )
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8 | | Sec. 2. Definitions. As used in this Act unless the |
9 | | context otherwise
requires:
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10 | | "Department" means the Illinois Department of Agriculture.
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11 | | "Director" means the Director of the Illinois Department |
12 | | of Agriculture.
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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
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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.
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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
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6 | | Veterinary Medicine and Surgery Practice Act of 2004
shall not |
7 | | be considered a dog dealer under this Act.
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8 | | "Secretary of Agriculture" or "Secretary" means the |
9 | | Secretary of
Agriculture of the United States Department of |
10 | | Agriculture.
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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.
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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,
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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
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15 | | operates for the above mentioned purpose in addition to its |
16 | | customary purposes.
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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,
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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.
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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.
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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.
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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
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24 | | personally owned pets that also provide security.
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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.
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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.
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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.)
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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.
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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.)
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