Sen. Linda Holmes
Filed: 4/11/2018
 
 


 




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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 or animal control facility, not 
10to
exceed 4 animals at any given time. Permits to operate as a 
11"foster home"
shall be issued through the animal shelter or 
12animal control facility.

13 "Guard dog service" means an entity that, for a fee, 
14furnishes or leases
guard or sentry dogs for the protection of 
15life or property. A person
is not a guard dog service solely 
16because he or she owns a dog and uses it to
guard his or her 
17home, business, or farmland.

18 "Guard dog" means a type of dog used primarily for the 
19purpose of defending,
patrolling, or protecting property or 
20life at a commercial establishment
other than a farm. "Guard 
21dog" does not include stock dogs used primarily for
handling 
22and controlling livestock or farm animals, nor does it include

23personally owned pets that also provide security.

24 "Sentry dog" means a dog trained to work without 
25supervision in a fenced
facility other than a farm, and to 
26deter or detain unauthorized persons found
within the facility.

 
 
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1 "Probationary status" means the 12-month period following 
2a series of violations of this Act during which any further 
3violation shall result in an automatic 12-month suspension of 
4licensure.

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





12 (225 ILCS 605/3.2)



13 Sec. 3.2. Foster homes. A person shall not operate a foster 
14home without
first obtaining a permit from the animal shelter 
15or animal control facility for which that person will
operate 
16the foster home. Upon application and payment of the required 
17fees by
the animal shelter, the Department shall issue foster 
18home permits to the
animal shelter. The animal shelter shall be 
19responsible for the records and
have all the obligations of 
20stewardship for animals in the foster homes to
which it issues 
21permits.

22 Foster homes shall provide the care for animals
required by 
23this Act and shall report any deviation that might affect the

24status of the license or permit to the animal shelter.

25 A foster home shall not care for more than 4 animals at any 
 
 
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1one time.

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


3 (225 ILCS 605/3.4)
4 Sec. 3.4. Transfer of animals between shelters. An animal 
5shelter or animal control facility may not release any animal 
6to an individual representing an animal shelter or animal 
7control facility, unless (1) the recipient animal shelter or 
8animal control facility has been licensed or has a foster care 
9permit issued by the Department or (2) the individual is a 
10representative of a not-for-profit, out-of-State organization 
11or out-of-State animal control facility or animal shelter who 
12is transferring the animal out of the State of Illinois.

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

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

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




18 (225 ILCS 605/7) (from Ch. 8, par. 307)



19 Sec. 7. 
Applications for renewal licenses shall be made to 
20the
Department in a manner , shall be in writing on forms 
21prescribed by the
Department, shall contain such information as 
22will enable the Department
to determine if the applicant is 
23qualified to continue to hold a license, shall report intake 
24and outcome statistics from the previous calendar year, and 
25shall be accompanied by the required fee, which shall not be

 
 
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1returnable. The report of intake and outcome statistics shall 
2include the following: 

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


8 (225 ILCS 605/7.1 new)
9 Sec. 7.1. Department reporting. The Department shall post 
10on its website the name and address of each licensed animal 
11control facility or animal shelter and all the reported intake 
12and outcome statistics required under paragraphs (1) and (2) of 
13Section 7 of this Act by December 31, 2020 and by December 31 
14of each year thereafter.

15 Section 10. The Animal Control Act is amended by changing 
16Sections 5 and 11 as follows:



17 (510 ILCS 5/5) (from Ch. 8, par. 355)


18 Sec. 5. Duties and powers. 

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

20Administrator, through sterilization,
humane education, rabies

21inoculation, stray control, impoundment, quarantine, and any 
22other means deemed
necessary, to control and prevent the spread 
23of rabies and
to exercise dog and cat overpopulation control. 
 
 
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1It
shall
also be the duty of the Administrator to investigate 
2and substantiate all
claims made under Section 19 of this Act. 
3The duty may include return, adoption, transfer to rescues or 
4other animal shelters, and any other means of ensuring live 
5outcomes of homeless dogs and cats and through sterilization, 
6community outreach, impoundment of pets at risk and any other 
7humane means deemed necessary to address strays and ensure live 
8outcomes for dogs and cats that are not a danger to the 
9community or suffering irremediably. 

10 (b) Counties may by ordinance determine the extent of the 
11police powers
that may be exercised by the Administrator, 
12Deputy Administrators, and Animal
Control Wardens, which

13powers shall pertain only to this Act. The Administrator, 
14Deputy
Administrators, and Animal Control Wardens may issue and 
15serve citations and
orders for violations of
this Act. The

16Administrator, Deputy Administrators, and Animal Control 
17Wardens may not
carry weapons unless they have been

18specifically authorized to carry weapons by county ordinance. 
19Animal Control
Wardens, however, may use tranquilizer guns and 
20other nonlethal weapons and
equipment without specific
weapons 
21authorization.

22 A person authorized to carry firearms by county ordinance 
23under this
subsection must have completed the training course 
24for peace officers
prescribed in the Peace Officer and 
25Probation Officer Firearm Training Act. The cost of this

26training
shall be paid by the county.

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

2police officers shall cooperate with the Administrator and his 
3or her
representatives in carrying out the
provisions of this 
4Act.

5 (d) The Administrator and animal control wardens shall aid 
6in the enforcement of the Humane Care for Animals Act and have 
7the ability to impound animals and apply for security posting 
8for violation of that Act.

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




10 (510 ILCS 5/11) (from Ch. 8, par. 361)



11 Sec. 11. When not redeemed by the owner, agent, or 
12caretaker, a dog or cat must be scanned for a microchip. If a 
13microchip is present, the registered owner or chip purchaser if 
14the purchaser was a nonprofit organization, animal shelter, 
15animal control facility, pet store, or veterinary office must 
16be notified. After contact has been made or attempted, dogs or 
17cats deemed adoptable by the animal control facility shall be 
18offered for adoption, or made available to a licensed humane 
19society or rescue group. If no placement is available, the 
20animal may it shall be
humanely dispatched pursuant to the 
21Humane Euthanasia in Animal Shelters
Act. An animal pound
or 
22animal shelter shall not adopt or release any dog or cat to 
23anyone other than the owner unless the animal has been rendered 
24incapable of
reproduction
and microchipped, or the person 
25wishing to adopt
an animal prior
to the surgical procedures 
 
 
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1having been performed shall have executed a written
agreement 
2promising to have such service performed, including

3microchipping, within
a specified period
of time not to exceed 
430 days. Failure to fulfill the terms of the
agreement shall 
5result in
seizure and impoundment of the animal and any 
6offspring by the animal pound or shelter, and
any monies which 
7have been deposited shall be forfeited and submitted to the 
8county Pet Population Control Fund on a yearly basis. This Act 
9shall not
prevent humane societies or animal shelters from 
10engaging in activities set forth by their
charters; provided, 
11they are not inconsistent with provisions of this Act
and other 
12existing laws. No animal shelter or animal control facility 
13shall
release dogs or cats to an individual representing a 
14rescue group, unless the
group has been licensed or has a 
15foster care permit issued by the Illinois Department of 
16Agriculture or
is a representative of a not-for-profit 
17out-of-state organization, animal shelter, or animal control 
18facility. The Department may suspend or
revoke the license of

19any animal shelter or animal control facility that fails to 
20comply with the
requirements set forth in this Section or that 
21fails to report its intake and euthanasia statistics each year.

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