Bill Text: IL SB2380 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Public Utilities Act. Makes a technical change in the short title Section.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2018-08-14 - Public Act . . . . . . . . . 100-0870 [SB2380 Detail]

Download: Illinois-2017-SB2380-Chaptered.html



Public Act 100-0870
SB2380 EnrolledLRB100 17903 SMS 33087 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Animal Welfare Act is amended by changing
Sections 2, 3.2, 3.4, 3.6, and 7 and by adding Section 7.1 as
follows:
(225 ILCS 605/2) (from Ch. 8, par. 302)
Sec. 2. Definitions. As used in this Act unless the context
otherwise requires:
"Department" means the Illinois Department of Agriculture.
"Director" means the Director of the Illinois Department of
Agriculture.
"Pet shop operator" means any person who sells, offers to
sell, exchange, or offers for adoption with or without charge
or donation dogs, cats, birds, fish, reptiles, or other animals
customarily obtained as pets in this State. However, a person
who sells only such animals that he has produced and raised
shall not be considered a pet shop operator under this Act, and
a veterinary hospital or clinic operated by a veterinarian or
veterinarians licensed under the Veterinary Medicine and
Surgery Practice Act of 2004 shall not be considered a pet shop
operator under this Act.
"Dog dealer" means any person who sells, offers to sell,
exchange, or offers for adoption with or without charge or
donation dogs in this State. However, a person who sells only
dogs that he has produced and raised shall not be considered a
dog dealer under this Act, and a veterinary hospital or clinic
operated by a veterinarian or veterinarians licensed under the
Veterinary Medicine and Surgery Practice Act of 2004 shall not
be considered a dog dealer under this Act.
"Secretary of Agriculture" or "Secretary" means the
Secretary of Agriculture of the United States Department of
Agriculture.
"Person" means any person, firm, corporation, partnership,
association or other legal entity, any public or private
institution, the State of Illinois, or any municipal
corporation or political subdivision of the State.
"Kennel operator" means any person who operates an
establishment, other than an animal control facility,
veterinary hospital, or animal shelter, where dogs or dogs and
cats are maintained for boarding, training or similar purposes
for a fee or compensation; or who sells, offers to sell,
exchange, or offers for adoption with or without charge dogs or
dogs and cats which he has produced and raised. A person who
owns, has possession of, or harbors 5 or less females capable
of reproduction shall not be considered a kennel operator.
"Cattery operator" means any person who operates an
establishment, other than an animal control facility or animal
shelter, where cats are maintained for boarding, training or
similar purposes for a fee or compensation; or who sells,
offers to sell, exchange, or offers for adoption with or
without charges cats which he has produced and raised. A person
who owns, has possession of, or harbors 5 or less females
capable of reproduction shall not be considered a cattery
operator.
"Animal control facility" means any facility operated by or
under contract for the State, county, or any municipal
corporation or political subdivision of the State for the
purpose of impounding or harboring seized, stray, homeless,
abandoned or unwanted dogs, cats, and other animals. "Animal
control facility" also means any veterinary hospital or clinic
operated by a veterinarian or veterinarians licensed under the
Veterinary Medicine and Surgery Practice Act of 2004 which
operates for the above mentioned purpose in addition to its
customary purposes.
"Animal shelter" means a facility operated, owned, or
maintained by a duly incorporated humane society, animal
welfare society, or other non-profit organization for the
purpose of providing for and promoting the welfare, protection,
and humane treatment of animals. "Animal shelter" also means
any veterinary hospital or clinic operated by a veterinarian or
veterinarians licensed under the Veterinary Medicine and
Surgery Practice Act of 2004 which operates for the above
mentioned purpose in addition to its customary purposes.
"Foster home" means an entity that accepts the
responsibility for stewardship of animals that are the
obligation of an animal shelter or animal control facility, not
to exceed 4 animals at any given time. Permits to operate as a
"foster home" shall be issued through the animal shelter or
animal control facility.
"Guard dog service" means an entity that, for a fee,
furnishes or leases guard or sentry dogs for the protection of
life or property. A person is not a guard dog service solely
because he or she owns a dog and uses it to guard his or her
home, business, or farmland.
"Guard dog" means a type of dog used primarily for the
purpose of defending, patrolling, or protecting property or
life at a commercial establishment other than a farm. "Guard
dog" does not include stock dogs used primarily for handling
and controlling livestock or farm animals, nor does it include
personally owned pets that also provide security.
"Sentry dog" means a dog trained to work without
supervision in a fenced facility other than a farm, and to
deter or detain unauthorized persons found within the facility.
"Probationary status" means the 12-month period following
a series of violations of this Act during which any further
violation shall result in an automatic 12-month suspension of
licensure.
"Owner" means any person having a right of property in an
animal, who keeps or harbors an animal, who has an animal in
his or her care or acts as its custodian, or who knowingly
permits a dog to remain on any premises occupied by him or her.
"Owner" does not include a feral cat caretaker participating in
a trap, spay/neuter, return or release program.
(Source: P.A. 99-310, eff. 1-1-16.)
(225 ILCS 605/3.2)
Sec. 3.2. Foster homes. A person shall not operate a foster
home without first obtaining a permit from the animal shelter
or animal control facility for which that person will operate
the foster home. Upon application and payment of the required
fees by the animal shelter, the Department shall issue foster
home permits to the animal shelter. The animal shelter shall be
responsible for the records and have all the obligations of
stewardship for animals in the foster homes to which it issues
permits.
Foster homes shall provide the care for animals required by
this Act and shall report any deviation that might affect the
status of the license or permit to the animal shelter.
A foster home shall not care for more than 4 animals at any
one time.
(Source: P.A. 89-178, eff. 7-19-95.)
(225 ILCS 605/3.4)
Sec. 3.4. Transfer of animals between shelters. An animal
shelter or animal control facility may not release any animal
to an individual representing an animal shelter or animal
control facility, unless (1) the recipient animal shelter or
animal control facility has been licensed or has a foster care
permit issued by the Department or (2) the individual is a
representative of a not-for-profit, out-of-State organization
or out-of-State animal control facility or animal shelter who
is transferring the animal out of the State of Illinois.
(Source: P.A. 99-310, eff. 1-1-16.)
(225 ILCS 605/3.6)
Sec. 3.6. Acceptance of stray dogs and cats.
(a) No animal shelter may accept a stray dog or cat unless
the animal is reported by the shelter to the animal control or
law enforcement of the county in which the animal is found by
the next business day. An animal shelter may accept animals
from: (1) the owner of the animal where the owner signs a
relinquishment form which states he or she is the owner of the
animal; (2) an animal shelter licensed under this Act; or (3)
an out-of-state animal control facility, rescue group, or
animal shelter that is duly licensed in their state or is a
not-for-profit organization.
(b) When stray dogs and cats are accepted by an animal
shelter, they must be scanned for the presence of a microchip
and examined for other currently-acceptable methods of
identification, including, but not limited to, identification
tags, tattoos, and rabies license tags. The examination for
identification shall be done within 24 hours after the intake
of each dog or cat. The animal shelter shall notify the owner
and transfer any dog with an identified owner to the animal
control or law enforcement agency in the jurisdiction in which
it was found or the local animal control agency for redemption.
(c) If no transfer can occur, the animal shelter shall make
every reasonable attempt to contact the owner, agent, or
caretaker as soon as possible. The animal shelter shall give
notice of not less than 7 business days to the owner, agent, or
caretaker prior to disposal of the animal. The notice shall be
mailed to the last known address of the owner, agent, or
caretaker. Testimony of the animal shelter, or its authorized
agent, who mails the notice shall be evidence of the receipt of
the notice by the owner, agent, or caretaker of the animal. A
mailed notice shall remain the primary means of owner, agent,
or caretaker contact; however, the animal shelter shall also
attempt to contact the owner, agent, or caretaker by any other
contact information, such as by telephone or email address,
provided by the microchip or other method of identification
found on the dog or cat. If the dog or cat has been
microchipped and the primary contact listed by the chip
manufacturer cannot be located or refuses to reclaim the dog or
cat, an attempt shall be made to contact any secondary contacts
listed by the chip manufacturer or the purchaser of the
microchip if the purchaser is a nonprofit organization, animal
shelter, animal control facility, pet store, breeder, or
veterinary office prior to adoption, transfer, or
euthanization. Prior to transferring any stray dog or cat to
another humane shelter, pet store, rescue group, or
euthanization, the dog or cat shall be scanned again for the
presence of a microchip and examined for other means of
identification. If a second scan provides the same identifying
information as the initial intake scan and the owner, agent, or
caretaker has not been located or refuses to reclaim the dog or
cat, the animal shelter may proceed with adoption, transfer, or
euthanization.
(d) When stray dogs and cats are accepted by an animal
shelter and no owner can be identified, the shelter shall hold
the animal for the period specified in local ordinance prior to
adoption, transfer, or euthanasia. The animal shelter shall
allow access to the public to view the animals housed there. If
a dog is identified by an owner who desires to make redemption
of it, the dog shall be transferred to the local animal control
for redemption. If no transfer can occur, the animal shelter
shall proceed pursuant to Section 3.7. Upon lapse of the hold
period specified in local ordinance and no owner can be
identified, ownership of the animal, by operation of law,
transfers to the shelter that has custody of the animal.
(e) No representative of an animal shelter may enter
private property and remove an animal without permission from
the property owner and animal owner, nor can any representative
of an animal shelter direct another individual to enter private
property and remove an animal unless that individual is an
approved humane investigator (approved by the Department)
operating pursuant to the provisions of the Humane Care for
Animals Act.
(f) Nothing in this Section limits an animal shelter and an
animal control facility who, through mutual agreement, wish to
enter into an agreement for animal control, boarding, holding,
measures to improve life-saving, or other services provided
that the agreement requires parties adhere to the provisions of
the Animal Control Act, the Humane Euthanasia in Animal
Shelters Act, and the Humane Care for Animals Act.
(Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17.)
(225 ILCS 605/7) (from Ch. 8, par. 307)
Sec. 7. Applications for renewal licenses shall be made to
the Department in a manner , shall be in writing on forms
prescribed by the Department, shall contain such information as
will enable the Department to determine if the applicant is
qualified to continue to hold a license, shall report beginning
inventory and intake and outcome statistics from the previous
calendar year, and shall be accompanied by the required fee,
which shall not be returnable. The report of intake and outcome
statistics shall include the following:
(1) The total number of dogs, cats, and other animals,
divided into species, taken in by the animal shelter or animal
control facility, in the following categories:
(A) surrendered by owner;
(B) stray;
(C) impounded other than stray;
(D) confiscated under the Humane Care for Animals Act;
(E) transfer from other licensees within the State;
(F) transferred into or imported from out of the State;
(G) transferred into or imported from outside the
country; and
(H) born in shelter or animal control facility.
(2) The disposition of all dogs, cats, and other animals
taken in by the animal shelter or animal control facility,
divided into species. This data must include dispositions by:
(A) reclamation by owner;
(B) adopted or sold;
(C) euthanized;
(D) euthanized per request of the owner;
(E) died in custody;
(F) transferred to another licensee;
(G) transferred to an out-of-State nonprofit agency;
(H) animals missing, stolen, or escaped;
(I) animals released in field; trapped, neutered,
released; and
(J) ending inventory; shelter count at end of the last
day of the year.
The Department shall not be required to audit or validate
the intake and outcome statistics required to be submitted
under this Section.
(Source: P.A. 81-198.)
(225 ILCS 605/7.1 new)
Sec. 7.1. Department reporting. The Department shall post
on its website the name of each licensed animal control
facility or animal shelter and all the reported intake and
outcome statistics required under paragraphs (1) and (2) of
Section 7 of this Act by December 31, 2020 and by December 31
of each year thereafter.
Section 10. The Animal Control Act is amended by changing
Sections 3.5, 5, and 11 as follows:
(510 ILCS 5/3.5)
Sec. 3.5. County animal population fund use limitation.
Funds from the $10 set aside of the differential under Section
3 of this Act that is placed in the county animal population
control fund may only be used to (1) spay, neuter, vaccinate,
or sterilize adopted dogs or cats; (2) spay, neuter, or
vaccinate dogs or cats owned by low income county residents who
are eligible for the Food Stamp Program or Social Security
Disability Benefits Program; or (3) spay, neuter, and vaccinate
feral cats in programs recognized by the county or a
municipality. This Section does not apply to a county with
3,000,000 or more inhabitants.
(Source: P.A. 100-405, eff. 1-1-18.)
(510 ILCS 5/5) (from Ch. 8, par. 355)
Sec. 5. Duties and powers.
(a) It shall be the duty of the Administrator or the Deputy
Administrator, through sterilization, humane education, rabies
inoculation, stray control, impoundment, quarantine, and any
other means deemed necessary, to control and prevent the spread
of rabies and to exercise dog and cat overpopulation control.
It shall also be the duty of the Administrator to investigate
and substantiate all claims made under Section 19 of this Act.
The duty may include return, adoption, transfer to rescues or
other animal shelters, and any other means of ensuring live
outcomes of homeless dogs and cats and through sterilization,
community outreach, impoundment of pets at risk and any other
humane means deemed necessary to address strays and ensure live
outcomes for dogs and cats that are not a danger to the
community or suffering irremediably.
(b) Counties may by ordinance determine the extent of the
police powers that may be exercised by the Administrator,
Deputy Administrators, and Animal Control Wardens, which
powers shall pertain only to this Act. The Administrator,
Deputy Administrators, and Animal Control Wardens may issue and
serve citations and orders for violations of this Act. The
Administrator, Deputy Administrators, and Animal Control
Wardens may not carry weapons unless they have been
specifically authorized to carry weapons by county ordinance.
Animal Control Wardens, however, may use tranquilizer guns and
other nonlethal weapons and equipment without specific weapons
authorization.
A person authorized to carry firearms by county ordinance
under this subsection must have completed the training course
for peace officers prescribed in the Peace Officer and
Probation Officer Firearm Training Act. The cost of this
training shall be paid by the county.
(c) The sheriff and all sheriff's deputies and municipal
police officers shall cooperate with the Administrator and his
or her representatives in carrying out the provisions of this
Act.
(d) The Administrator and animal control wardens shall aid
in the enforcement of the Humane Care for Animals Act and have
the ability to impound animals and apply for security posting
for violation of that Act.
(Source: P.A. 98-725, eff. 1-1-15.)
(510 ILCS 5/11) (from Ch. 8, par. 361)
Sec. 11. When not redeemed by the owner, agent, or
caretaker, a dog or cat must be scanned for a microchip. If a
microchip is present, the registered owner or chip purchaser if
the purchaser was a nonprofit organization, animal shelter,
animal control facility, pet store, breeder, or veterinary
office must be notified. After contact has been made or
attempted, dogs or cats deemed adoptable by the animal control
facility shall be offered for adoption, or made available to a
licensed humane society or rescue group. If no placement is
available, the animal may it shall be humanely dispatched
pursuant to the Humane Euthanasia in Animal Shelters Act. An
animal pound or animal shelter shall not adopt or release any
dog or cat to anyone other than the owner unless the animal has
been rendered incapable of reproduction and microchipped, or
the person wishing to adopt an animal prior to the surgical
procedures having been performed shall have executed a written
agreement promising to have such service performed, including
microchipping, within a specified period of time not to exceed
30 days. Failure to fulfill the terms of the agreement shall
result in seizure and impoundment of the animal and any
offspring by the animal pound or shelter, and any monies which
have been deposited shall be forfeited and submitted to the
county Pet Population Control Fund on a yearly basis. This Act
shall not prevent humane societies or animal shelters from
engaging in activities set forth by their charters; provided,
they are not inconsistent with provisions of this Act and other
existing laws. No animal shelter or animal control facility
shall release dogs or cats to an individual representing a
rescue group, unless the group has been licensed or has a
foster care permit issued by the Illinois Department of
Agriculture or is a representative of a not-for-profit
out-of-state organization, animal shelter, or animal control
facility. The Department may suspend or revoke the license of
any animal shelter or animal control facility that fails to
comply with the requirements set forth in this Section or that
fails to report its intake and euthanasia statistics each year.
(Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08.)
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