Sen. Linda Holmes
Filed: 3/20/2018
 
 


 




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1
AMENDMENT TO SENATE BILL 2380




2 AMENDMENT NO. ______. Amend Senate Bill 2380 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Animal Welfare Act is amended by changing 
5Sections 2, 3.2, 3.4, 3.6, and 7 and by adding Section 7.1 as 
6follows:



7 (225 ILCS 605/2) (from Ch. 8, par. 302)



8 Sec. 2. Definitions. As used in this Act unless the context 
9otherwise
requires:

10 "Department" means the Illinois Department of Agriculture.

11 "Director" means the Director of the Illinois Department of 
12Agriculture.

13 "Pet shop operator" means any person who sells, offers to 
14sell,
exchange, or offers for adoption with or without charge 
15or donation dogs,
cats, birds, fish, reptiles, or other animals 
16customarily obtained as pets
in this State. However, a person 
 
 
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1who sells only such animals that he has
produced and raised 
2shall not be considered a pet shop operator under this
Act, and 
3a veterinary hospital or clinic operated by a veterinarian or

4veterinarians licensed under the Veterinary Medicine and 
5Surgery Practice
Act of 2004 shall not be considered a pet shop 
6operator under this
Act.

7 "Dog dealer" means any person who sells, offers to sell, 
8exchange, or
offers for adoption with or without charge or 
9donation dogs in this State.
However, a person who sells only 
10dogs that he has produced and raised shall
not be considered a 
11dog dealer under this Act, and a veterinary hospital or
clinic 
12operated by a veterinarian or veterinarians licensed under the

13Veterinary Medicine and Surgery Practice Act of 2004
shall not 
14be considered a dog dealer under this Act.

15 "Secretary of Agriculture" or "Secretary" means the 
16Secretary of
Agriculture of the United States Department of 
17Agriculture.

18 "Person" means any person, firm, corporation, partnership, 
19association
or other legal entity, any public or private 
20institution, the State of
Illinois, or any municipal 
21corporation or political subdivision of the
State.

22 "Kennel operator" means any person who operates an 
23establishment, other
than an animal control facility, 
24veterinary hospital, or animal
shelter, where dogs or dogs and 
25cats are maintained
for boarding, training or similar purposes 
26for a fee or compensation; or
who sells, offers to sell, 
 
 
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1exchange, or offers for adoption with or without
charge dogs or 
2dogs and cats which he has produced and raised. A person who

3owns, has possession of, or harbors 5 or less
females capable 
4of reproduction shall not be considered a kennel
operator.

5 "Cattery operator" means any person who operates an 
6establishment, other
than an animal control facility or animal

7shelter, where cats are maintained for boarding,
training or 
8similar purposes for a fee or compensation; or who sells,

9offers to sell, exchange, or offers for adoption with or 
10without charges
cats which he has produced and raised. A person 
11who owns, has possession
of, or harbors 5 or
less females 
12capable of reproduction shall not be considered a
cattery 
13operator.

14 "Animal control facility" means any facility operated by or

15under contract for the State,
county, or any municipal 
16corporation or political subdivision of the State
for the 
17purpose of impounding or harboring seized, stray, homeless,

18abandoned or unwanted dogs, cats, and other animals. "Animal 
19control
facility" also means any
veterinary hospital or clinic 
20operated by a veterinarian or veterinarians
licensed under the 
21Veterinary Medicine and Surgery Practice Act of 2004 which

22operates for the above mentioned purpose in addition to its 
23customary purposes.

24 "Animal shelter" means a facility operated, owned, or 
25maintained by a duly
incorporated humane society, animal 
26welfare society, or other non-profit
organization for the 
 
 
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1purpose of providing for and promoting the welfare,
protection, 
2and humane treatment of animals. "Animal shelter" also means 
3any
veterinary hospital or clinic operated by a veterinarian or 
4veterinarians
licensed under the Veterinary Medicine and 
5Surgery Practice Act of 2004 which
operates for the above 
6mentioned purpose in addition to its customary purposes.

7 "Foster home" means an entity that accepts the 
8responsibility for
stewardship of animals that are the 
9obligation of an animal shelter, not to
exceed 4 animals at any 
10given time. Permits to operate as a "foster home"
shall be 
11issued through the animal shelter or animal control facility.

12 "Guard dog service" means an entity that, for a fee, 
13furnishes or leases
guard or sentry dogs for the protection of 
14life or property. A person
is not a guard dog service solely 
15because he or she owns a dog and uses it to
guard his or her 
16home, business, or farmland.

17 "Guard dog" means a type of dog used primarily for the 
18purpose of defending,
patrolling, or protecting property or 
19life at a commercial establishment
other than a farm. "Guard 
20dog" does not include stock dogs used primarily for
handling 
21and controlling livestock or farm animals, nor does it include

22personally owned pets that also provide security.

23 "Sentry dog" means a dog trained to work without 
24supervision in a fenced
facility other than a farm, and to 
25deter or detain unauthorized persons found
within the facility.

26 "Probationary status" means the 12-month period following 
 
 
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1a series of violations of this Act during which any further 
2violation shall result in an automatic 12-month suspension of 
3licensure.

4 "Owner" means any person having a right of property in an 
5animal, who keeps or harbors an animal, who has an animal in 
6his or her care or acts as its custodian, or who knowingly 
7permits a dog to remain on any premises occupied by him or her. 
8"Owner" does not include a feral cat caretaker participating in 
9a trap, spay/neuter, return or release program. 
10(Source: P.A. 99-310, eff. 1-1-16.)





11 (225 ILCS 605/3.2)



12 Sec. 3.2. Foster homes. A person shall not operate a foster 
13home without
first obtaining a permit from the animal shelter 
14or animal control facility for which that person will
operate 
15the foster home. Upon application and payment of the required 
16fees by
the animal shelter, the Department shall issue foster 
17home permits to the
animal shelter. The animal shelter shall be 
18responsible for the records and
have all the obligations of 
19stewardship for animals in the foster homes to
which it issues 
20permits.

21 Foster homes shall provide the care for animals
required by 
22this Act and shall report any deviation that might affect the

23status of the license or permit to the animal shelter.

24 A foster home shall not care for more than 4 animals at any 
25one time.

 
 
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1(Source: P.A. 89-178, eff. 7-19-95.)


2 (225 ILCS 605/3.4)
3 Sec. 3.4. Transfer of animals between shelters. An animal 
4shelter or animal control facility may not release any animal 
5to an individual representing an animal shelter or animal 
6control facility, unless (1) the recipient animal shelter or 
7animal control facility has been licensed or has a foster care 
8permit issued by the Department or (2) the individual is a 
9representative of a not-for-profit, out-of-State organization 
10or out-of-State animal control facility or animal shelter who 
11is transferring the animal out of the State of Illinois.

12(Source: P.A. 99-310, eff. 1-1-16.)

13 (225 ILCS 605/3.6)
14 Sec. 3.6. Acceptance of stray dogs and cats.
15 (a) No animal shelter may accept a stray dog or cat unless 
16the animal is reported by the shelter to the animal control or 
17law enforcement of the county in which the animal is found by 
18the next business day. An animal shelter may accept animals 
19from: (1) the owner of the animal where the owner signs a 
20relinquishment form which states he or she is the owner of the 
21animal; (2) an animal shelter licensed under this Act; or (3) 
22an out-of-state animal control facility, rescue group, or 
23animal shelter that is duly licensed in their state or is a 
24not-for-profit organization.
 
 
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1 (b) When stray dogs and cats are accepted by an animal 
2shelter, they must be scanned for the presence of a microchip 
3and examined for other currently-acceptable methods of 
4identification, including, but not limited to, identification 
5tags, tattoos, and rabies license tags. The examination for 
6identification shall be done within 24 hours after the intake 
7of each dog or cat. The animal shelter shall notify the owner 
8and transfer any dog with an identified owner to the animal 
9control or law enforcement agency in the jurisdiction in which 
10it was found or the local animal control agency for redemption.
11 (c) If no transfer can occur, the animal shelter shall make 
12every reasonable attempt to contact the owner, agent, or 
13caretaker as soon as possible. The animal shelter shall give 
14notice of not less than 7 business days to the owner, agent, or 
15caretaker prior to disposal of the animal. The notice shall be 
16mailed to the last known address of the owner, agent, or 
17caretaker. Testimony of the animal shelter, or its authorized 
18agent, who mails the notice shall be evidence of the receipt of 
19the notice by the owner, agent, or caretaker of the animal. A 
20mailed notice shall remain the primary means of owner, agent, 
21or caretaker contact; however, the animal shelter shall also 
22attempt to contact the owner, agent, or caretaker by any other 
23contact information, such as by telephone or email address, 
24provided by the microchip or other method of identification 
25found on the dog or cat. If the dog or cat has been 
26microchipped and the primary contact listed by the chip 
 
 
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1manufacturer cannot be located or refuses to reclaim the dog or 
2cat, an attempt shall be made to contact any secondary contacts 
3listed by the chip manufacturer or the purchaser of the 
4microchip if the purchaser is a nonprofit organization, animal 
5shelter, animal control facility, or veterinarian facility 
6prior to adoption, transfer, or euthanization. Prior to 
7transferring any stray dog or cat to another humane shelter, 
8pet store, rescue group, or euthanization, the dog or cat shall 
9be scanned again for the presence of a microchip and examined 
10for other means of identification. If a second scan provides 
11the same identifying information as the initial intake scan and 
12the owner, agent, or caretaker has not been located or refuses 
13to reclaim the dog or cat, the animal shelter may proceed with 
14adoption, transfer, or euthanization.
15 (d) When stray dogs and cats are accepted by an animal 
16shelter and no owner can be identified, the shelter shall hold 
17the animal for the period specified in local ordinance prior to 
18adoption, transfer, or euthanasia. The animal shelter shall 
19allow access to the public to view the animals housed there. If 
20a dog is identified by an owner who desires to make redemption 
21of it, the dog shall be transferred to the local animal control 
22for redemption. If no transfer can occur, the animal shelter 
23shall proceed pursuant to Section 3.7. Upon lapse of the hold 
24period specified in local ordinance and no owner can be 
25identified, ownership of the animal, by operation of law, 
26transfers to the shelter that has custody of the animal.
 
 
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1 (e) No representative of an animal shelter may enter 
2private property and remove an animal without permission from 
3the property owner and animal owner, nor can any representative 
4of an animal shelter direct another individual to enter private 
5property and remove an animal unless that individual is an 
6approved humane investigator (approved by the Department) 
7operating pursuant to the provisions of the Humane Care for 
8Animals Act.
9 (f) Nothing in this Section limits an animal shelter and an 
10animal control facility who, through mutual agreement, wish to 
11enter into an agreement for animal control, boarding, holding, 
12measures to improve life-saving, or other services provided 
13that the agreement requires parties adhere to the provisions of 
14the Animal Control Act, the Humane Euthanasia in Animal 
15Shelters Act, and the Humane Care for Animals Act.

16(Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17.)




17 (225 ILCS 605/7) (from Ch. 8, par. 307)



18 Sec. 7. 
Applications for renewal licenses shall be made to 
19the
Department, shall be in writing on forms prescribed by the

20Department, shall contain such information as will enable the 
21Department
to determine if the applicant is qualified to 
22continue to hold a license, shall report intake and outcome 
23statistics from the previous calendar year, and shall be 
24accompanied by the required fee, which shall not be
returnable. 
25The report of intake and outcome statistics shall include the 
 
 
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1following: 

2 (1) The total number of dogs, cats and other animals, 
3divided into species, taken in by the animal shelter or animal 
4control facility, in the following categories: 
5  (A) surrendered by owner; 
6  (B) stray; 
7  (C) impounded; 
8  (D) confiscated; 
9  (E) transfer from other licensees within the State; 
10  (F) transferred into or imported from out of the state; 
11  (G) transferred into or imported from outside the 
12 country; and 
13  (H) born in shelter. 
14 (2) The disposition of all dogs, cats, and other animals 
15taken in by the animal shelter or animal control facility, 
16divided into species. This data must include dispositions by: 
17  (A) reclamation by owner; 
18  (B) adopted or sold; 
19  (C) euthanized; 
20  (D) euthanized per request of the owner; 
21  (E) died in custody; 
22  (F) transferred to another licensee; 
23  (G) transferred to an out-of-State nonprofit agency; 
24  (H) animals missing, stolen, or escaped; 
25  (I) animals released in field; trapped, neutered, 
26 released; and 
 
 
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1  (J) ending inventory; shelter count at end of the last 
2 day of the year. 
3(Source: P.A. 81-198.)


4 (225 ILCS 605/7.1 new)
5 Sec. 7.1. Department reporting. The Department shall post 
6on its website, the name and address of each licensed animal 
7control facility or animal shelter and all the reported intake 
8and outcome statistics in paragraphs (1) and (2) of Section 7 
9of this Act.

10 Section 10. The Animal Control Act is amended by changing 
11Sections 5 and 11 as follows:



12 (510 ILCS 5/5) (from Ch. 8, par. 355)


13 Sec. 5. Duties and powers. 

14 (a) It shall be the duty of the Administrator or the Deputy

15Administrator, through sterilization,
humane education, rabies

16inoculation, stray control, impoundment, quarantine, and any 
17other means deemed
necessary, to control and prevent the spread 
18of rabies and
to exercise dog and cat overpopulation control. 
19It
shall
also be the duty of the Administrator to investigate 
20and substantiate all
claims made under Section 19 of this Act. 
21The duty may include return, adoption, transfer to rescues or 
22other animal shelters, and any other means of ensuring live 
23outcomes of homeless dogs and cats and through sterilization, 
 
 
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1community outreach, impoundment of pets at risk and any other 
2humane means deemed necessary to address strays and ensure live 
3outcomes for dogs and cats that are not a danger to the 
4community or suffering irremediably. 

5 (b) Counties may by ordinance determine the extent of the 
6police powers
that may be exercised by the Administrator, 
7Deputy Administrators, and Animal
Control Wardens, which

8powers shall pertain only to this Act. The Administrator, 
9Deputy
Administrators, and Animal Control Wardens may issue and 
10serve citations and
orders for violations of
this Act. The

11Administrator, Deputy Administrators, and Animal Control 
12Wardens may not
carry weapons unless they have been

13specifically authorized to carry weapons by county ordinance. 
14Animal Control
Wardens, however, may use tranquilizer guns and 
15other nonlethal weapons and
equipment without specific
weapons 
16authorization.

17 A person authorized to carry firearms by county ordinance 
18under this
subsection must have completed the training course 
19for peace officers
prescribed in the Peace Officer and 
20Probation Officer Firearm Training Act. The cost of this

21training
shall be paid by the county.

22 (c) The sheriff and all sheriff's deputies and municipal

23police officers shall cooperate with the Administrator and his 
24or her
representatives in carrying out the
provisions of this 
25Act.

26 (d) The Administrator and animal control wardens shall aid 
 
 
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1in the enforcement of the Humane Care for Animals Act and have 
2the ability to impound animals and apply for security posting 
3for violation of that Act.

4(Source: P.A. 98-725, eff. 1-1-15.)




5 (510 ILCS 5/11) (from Ch. 8, par. 361)



6 Sec. 11. When not redeemed by the owner, agent, or 
7caretaker, a dog or cat must be scanned for a microchip. If a 
8microchip is present, the registered owner or chip purchaser if 
9the purchaser was a nonprofit organization, animal shelter, 
10animal control facility, or veterinarian facility must be 
11notified. After contact has been made or attempted, dogs or 
12cats deemed adoptable by the animal control facility shall be 
13offered for adoption, or made available to a licensed humane 
14society or rescue group. If no placement is available, the 
15animal may it shall be
humanely dispatched pursuant to the 
16Humane Euthanasia in Animal Shelters
Act. An animal pound
or 
17animal shelter shall not adopt or release any dog or cat to 
18anyone other than the owner unless the animal has been rendered 
19incapable of
reproduction
and microchipped, or the person 
20wishing to adopt
an animal prior
to the surgical procedures 
21having been performed shall have executed a written
agreement 
22promising to have such service performed, including

23microchipping, within
a specified period
of time not to exceed 
2430 days. Failure to fulfill the terms of the
agreement shall 
25result in
seizure and impoundment of the animal and any 
 
 
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1offspring by the animal pound or shelter, and
any monies which 
2have been deposited shall be forfeited and submitted to the 
3county Pet Population Control Fund on a yearly basis. This Act 
4shall not
prevent humane societies or animal shelters from 
5engaging in activities set forth by their
charters; provided, 
6they are not inconsistent with provisions of this Act
and other 
7existing laws. No animal shelter or animal control facility 
8shall
release dogs or cats to an individual representing a 
9rescue group, unless the
group has been licensed or has a 
10foster care permit issued by the Illinois Department of 
11Agriculture or
is a representative of a not-for-profit 
12out-of-state organization, animal shelter, or animal control 
13facility. The Department may suspend or
revoke the license of

14any animal shelter or animal control facility that fails to 
15comply with the
requirements set forth in this Section or that 
16fails to report its intake and euthanasia statistics each year.

17(Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08.)".