SB2380 Engrossed LRB100 17903 SMS 33087 b
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, 3.2, 3.4, 3.6, and 7 and by adding Section 7.1 as
6		follows:
7		(225 ILCS 605/2) (from Ch. 8, par. 302)
8		Sec. 2. Definitions. As used in this Act unless the context
9		otherwise requires:
10		"Department" means the Illinois Department of Agriculture.
11		"Director" means the Director of the Illinois Department of
12		Agriculture.
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 animals
16		customarily obtained as pets in this State. However, a person
17		who sells only such animals that he has produced and raised
18		shall not be considered a pet shop operator under this Act, and
19		a veterinary hospital or clinic operated by a veterinarian or
20		veterinarians licensed under the Veterinary Medicine and
21		Surgery Practice Act of 2004 shall not be considered a pet shop
22		operator under this Act.
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
6		Veterinary Medicine and Surgery Practice Act of 2004 shall not
7		be considered a dog 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; or who sells, offers to sell,
20		exchange, or offers for adoption with or without charge dogs or
21		dogs and cats which he has produced and raised. A person who
22		owns, has possession of, or harbors 5 or less females capable
23		of reproduction shall not be considered a kennel operator.
24		"Cattery operator" means any person who operates an
25		establishment, other than an animal control facility or animal
26		shelter, where cats are maintained for boarding, training or

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1		similar purposes for a fee or compensation; or who sells,
2		offers to sell, exchange, or offers for adoption with or
3		without charges cats which he has produced and raised. A person
4		who owns, has possession of, or harbors 5 or less females
5		capable of reproduction shall not be considered a cattery
6		operator.
7		"Animal control facility" means any facility operated by or
8		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 for the
20		purpose of providing for and promoting the welfare, protection,
21		and humane treatment of animals. "Animal shelter" also means
22		any veterinary hospital or clinic operated by a veterinarian or
23		veterinarians licensed under the Veterinary Medicine and
24		Surgery Practice Act of 2004 which operates for the above
25		mentioned purpose in addition to its customary purposes.
26		"Foster home" means an entity that accepts the

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1		responsibility for stewardship of animals that are the
2		obligation of an animal shelter or animal control facility, not
3		to exceed 4 animals at any given time. Permits to operate as a
4		"foster home" shall be issued through the animal shelter or
5		animal control facility.
6		"Guard dog service" means an entity that, for a fee,
7		furnishes or leases guard or sentry dogs for the protection of
8		life or property. A person is not a guard dog service solely
9		because he or she owns a dog and uses it to guard his or her
10		home, business, or farmland.
11		"Guard dog" means a type of dog used primarily for the
12		purpose of defending, patrolling, or protecting property or
13		life at a commercial establishment other than a farm. "Guard
14		dog" does not include stock dogs used primarily for handling
15		and controlling livestock or farm animals, nor does it include
16		personally owned pets that also provide security.
17		"Sentry dog" means a dog trained to work without
18		supervision in a fenced facility other than a farm, and to
19		deter or detain unauthorized persons found within the facility.
20		"Probationary status" means the 12-month period following
21		a series of violations of this Act during which any further
22		violation shall result in an automatic 12-month suspension of
23		licensure.
24		"Owner" means any person having a right of property in an
25		animal, who keeps or harbors an animal, who has an animal in
26		his or her care or acts as its custodian, or who knowingly

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1		permits a dog to remain on any premises occupied by him or her.
2		"Owner" does not include a feral cat caretaker participating in
3		a trap, spay/neuter, return or release program.
4		(Source: P.A. 99-310, eff. 1-1-16.)
5		(225 ILCS 605/3.2)
6		Sec. 3.2. Foster homes. A person shall not operate a foster
7		home without first obtaining a permit from the animal shelter
8		or animal control facility for which that person will operate
9		the foster home. Upon application and payment of the required
10		fees by the animal shelter, the Department shall issue foster
11		home permits to the animal shelter. The animal shelter shall be
12		responsible for the records and have all the obligations of
13		stewardship for animals in the foster homes to which it issues
14		permits.
15		Foster homes shall provide the care for animals required by
16		this Act and shall report any deviation that might affect the
17		status of the license or permit to the animal shelter.
18		A foster home shall not care for more than 4 animals at any
19		one time.
20		(Source: P.A. 89-178, eff. 7-19-95.)
21		(225 ILCS 605/3.4)
22		Sec. 3.4. Transfer of animals between shelters. An animal
23		shelter or animal control facility may not release any animal
24		to an individual representing an animal shelter or animal

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1		control facility, unless (1) the recipient animal shelter or
2		animal control facility has been licensed or has a foster care
3		permit issued by the Department or (2) the individual is a
4		representative of a not-for-profit, out-of-State organization
5		or out-of-State animal control facility or animal shelter who
6		is transferring the animal out of the State of Illinois.
7		(Source: P.A. 99-310, eff. 1-1-16.)
8		(225 ILCS 605/3.6)
9		Sec. 3.6. Acceptance of stray dogs and cats.
10		(a) No animal shelter may accept a stray dog or cat unless
11		the animal is reported by the shelter to the animal control or
12		law enforcement of the county in which the animal is found by
13		the next business day. An animal shelter may accept animals
14		from: (1) the owner of the animal where the owner signs a
15		relinquishment form which states he or she is the owner of the
16		animal; (2) an animal shelter licensed under this Act; or (3)
17		an out-of-state animal control facility, rescue group, or
18		animal shelter that is duly licensed in their state or is a
19		not-for-profit organization.
20		(b) When stray dogs and cats are accepted by an animal
21		shelter, they must be scanned for the presence of a microchip
22		and examined for other currently-acceptable methods of
23		identification, including, but not limited to, identification
24		tags, tattoos, and rabies license tags. The examination for
25		identification shall be done within 24 hours after the intake

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1		of each dog or cat. The animal shelter shall notify the owner
2		and transfer any dog with an identified owner to the animal
3		control or law enforcement agency in the jurisdiction in which
4		it was found or the local animal control agency for redemption.
5		(c) If no transfer can occur, the animal shelter shall make
6		every reasonable attempt to contact the owner, agent, or
7		caretaker as soon as possible. The animal shelter shall give
8		notice of not less than 7 business days to the owner, agent, or
9		caretaker prior to disposal of the animal. The notice shall be
10		mailed to the last known address of the owner, agent, or
11		caretaker. Testimony of the animal shelter, or its authorized
12		agent, who mails the notice shall be evidence of the receipt of
13		the notice by the owner, agent, or caretaker of the animal. A
14		mailed notice shall remain the primary means of owner, agent,
15		or caretaker contact; however, the animal shelter shall also
16		attempt to contact the owner, agent, or caretaker by any other
17		contact information, such as by telephone or email address,
18		provided by the microchip or other method of identification
19		found on the dog or cat. If the dog or cat has been
20		microchipped and the primary contact listed by the chip
21		manufacturer cannot be located or refuses to reclaim the dog or
22		cat, an attempt shall be made to contact any secondary contacts
23		listed by the chip manufacturer or the purchaser of the
24		microchip if the purchaser is a nonprofit organization, animal
25		shelter, animal control facility, pet store, or veterinary
26		office prior to adoption, transfer, or euthanization. Prior to

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1		transferring any stray dog or cat to another humane shelter,
2		pet store, rescue group, or euthanization, the dog or cat shall
3		be scanned again for the presence of a microchip and examined
4		for other means of identification. If a second scan provides
5		the same identifying information as the initial intake scan and
6		the owner, agent, or caretaker has not been located or refuses
7		to reclaim the dog or cat, the animal shelter may proceed with
8		adoption, transfer, or euthanization.
9		(d) When stray dogs and cats are accepted by an animal
10		shelter and no owner can be identified, the shelter shall hold
11		the animal for the period specified in local ordinance prior to
12		adoption, transfer, or euthanasia. The animal shelter shall
13		allow access to the public to view the animals housed there. If
14		a dog is identified by an owner who desires to make redemption
15		of it, the dog shall be transferred to the local animal control
16		for redemption. If no transfer can occur, the animal shelter
17		shall proceed pursuant to Section 3.7. Upon lapse of the hold
18		period specified in local ordinance and no owner can be
19		identified, ownership of the animal, by operation of law,
20		transfers to the shelter that has custody of the animal.
21		(e) No representative of an animal shelter may enter
22		private property and remove an animal without permission from
23		the property owner and animal owner, nor can any representative
24		of an animal shelter direct another individual to enter private
25		property and remove an animal unless that individual is an
26		approved humane investigator (approved by the Department)

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1		operating pursuant to the provisions of the Humane Care for
2		Animals Act.
3		(f) Nothing in this Section limits an animal shelter and an
4		animal control facility who, through mutual agreement, wish to
5		enter into an agreement for animal control, boarding, holding,
6		measures to improve life-saving, or other services provided
7		that the agreement requires parties adhere to the provisions of
8		the Animal Control Act, the Humane Euthanasia in Animal
9		Shelters Act, and the Humane Care for Animals Act.
10		(Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17.)
11		(225 ILCS 605/7) (from Ch. 8, par. 307)
12		Sec. 7. Applications for renewal licenses shall be made to
13		the Department in a manner , shall be in writing on forms
14		prescribed by the Department, shall contain such information as
15		will enable the Department to determine if the applicant is
16		qualified to continue to hold a license, shall report intake
17		and outcome statistics from the previous calendar year, and
18		shall be accompanied by the required fee, which shall not be
19		returnable. The report of intake and outcome statistics shall
20		include the following:
21		(1) The total number of dogs, cats and other animals,
22		divided into species, taken in by the animal shelter or animal
23		control facility, in the following categories:
24		(A) surrendered by owner;
25		(B) stray;

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1		(C) impounded;
2		(D) confiscated;
3		(E) transfer from other licensees within the State;
4		(F) transferred into or imported from out of the State;
5		(G) transferred into or imported from outside the
6		country; and
7		(H) born in shelter.
8		(2) The disposition of all dogs, cats, and other animals
9		taken in by the animal shelter or animal control facility,
10		divided into species. This data must include dispositions by:
11		(A) reclamation by owner;
12		(B) adopted or sold;
13		(C) euthanized;
14		(D) euthanized per request of the owner;
15		(E) died in custody;
16		(F) transferred to another licensee;
17		(G) transferred to an out-of-State nonprofit agency;
18		(H) animals missing, stolen, or escaped;
19		(I) animals released in field; trapped, neutered,
20		released; and
21		(J) ending inventory; shelter count at end of the last
22		day of the year.
23		The Department shall not be required to audit or validate
24		the intake and outcome statistics required to be submitted
25		under this Section.
26		(Source: P.A. 81-198.)

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1		(225 ILCS 605/7.1 new)
2		Sec. 7.1. Department reporting. The Department shall post
3		on its website the name and address of each licensed animal
4		control facility or animal shelter and all the reported intake
5		and outcome statistics required under paragraphs (1) and (2) of
6		Section 7 of this Act by December 31, 2020 and by December 31
7		of each year thereafter.
8		Section 10. The Animal Control Act is amended by changing
9		Sections 5 and 11 as follows:
10		(510 ILCS 5/5) (from Ch. 8, par. 355)
11		Sec. 5. Duties and powers.
12		(a) It shall be the duty of the Administrator or the Deputy
13		Administrator, through sterilization, humane education, rabies
14		inoculation, stray control, impoundment, quarantine, and any
15		other means deemed necessary, to control and prevent the spread
16		of rabies and to exercise dog and cat overpopulation control.
17		It shall also be the duty of the Administrator to investigate
18		and substantiate all claims made under Section 19 of this Act.
19		The duty may include return, adoption, transfer to rescues or
20		other animal shelters, and any other means of ensuring live
21		outcomes of homeless dogs and cats and through sterilization,
22		community outreach, impoundment of pets at risk and any other
23		humane means deemed necessary to address strays and ensure live

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1		outcomes for dogs and cats that are not a danger to the
2		community or suffering irremediably.
3		(b) Counties may by ordinance determine the extent of the
4		police powers that may be exercised by the Administrator,
5		Deputy Administrators, and Animal Control Wardens, which
6		powers shall pertain only to this Act. The Administrator,
7		Deputy Administrators, and Animal Control Wardens may issue and
8		serve citations and orders for violations of this Act. The
9		Administrator, Deputy Administrators, and Animal Control
10		Wardens may not carry weapons unless they have been
11		specifically authorized to carry weapons by county ordinance.
12		Animal Control Wardens, however, may use tranquilizer guns and
13		other nonlethal weapons and equipment without specific weapons
14		authorization.
15		A person authorized to carry firearms by county ordinance
16		under this subsection must have completed the training course
17		for peace officers prescribed in the Peace Officer and
18		Probation Officer Firearm Training Act. The cost of this
19		training shall be paid by the county.
20		(c) The sheriff and all sheriff's deputies and municipal
21		police officers shall cooperate with the Administrator and his
22		or her representatives in carrying out the provisions of this
23		Act.
24		(d) The Administrator and animal control wardens shall aid
25		in the enforcement of the Humane Care for Animals Act and have
26		the ability to impound animals and apply for security posting

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1		for violation of that Act.
2		(Source: P.A. 98-725, eff. 1-1-15.)
3		(510 ILCS 5/11) (from Ch. 8, par. 361)
4		Sec. 11. When not redeemed by the owner, agent, or
5		caretaker, a dog or cat must be scanned for a microchip. If a
6		microchip is present, the registered owner or chip purchaser if
7		the purchaser was a nonprofit organization, animal shelter,
8		animal control facility, pet store, or veterinary office must
9		be notified. After contact has been made or attempted, dogs or
10		cats deemed adoptable by the animal control facility shall be
11		offered for adoption, or made available to a licensed humane
12		society or rescue group. If no placement is available, the
13		animal may it shall be humanely dispatched pursuant to the
14		Humane Euthanasia in Animal Shelters Act. An animal pound or
15		animal shelter shall not adopt or release any dog or cat to
16		anyone other than the owner unless the animal has been rendered
17		incapable of reproduction and microchipped, or the person
18		wishing to adopt an animal prior to the surgical procedures
19		having been performed shall have executed a written agreement
20		promising to have such service performed, including
21		microchipping, within a specified period of time not to exceed
22		30 days. Failure to fulfill the terms of the agreement shall
23		result in seizure and impoundment of the animal and any
24		offspring by the animal pound or shelter, and any monies which
25		have been deposited shall be forfeited and submitted to the

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1		county Pet Population Control Fund on a yearly basis. This Act
2		shall not prevent humane societies or animal shelters from
3		engaging in activities set forth by their charters; provided,
4		they are not inconsistent with provisions of this Act and other
5		existing laws. No animal shelter or animal control facility
6		shall release dogs or cats to an individual representing a
7		rescue group, unless the group has been licensed or has a
8		foster care permit issued by the Illinois Department of
9		Agriculture or is a representative of a not-for-profit
10		out-of-state organization, animal shelter, or animal control
11		facility. The Department may suspend or revoke the license of
12		any animal shelter or animal control facility that fails to
13		comply with the requirements set forth in this Section or that
14		fails to report its intake and euthanasia statistics each year.
15		(Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08.)