Illinois 2023-2024 Regular Session

Illinois House Bill HB1373 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1373 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: 225 ILCS 605/2 from Ch. 8, par. 302 Amends the Animal Welfare Act. Provides that the definition of "dog dealer" does not include a person who sells dogs at retail to the public. LRB103 25734 AMQ 52083 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1373 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: 225 ILCS 605/2 from Ch. 8, par. 302 225 ILCS 605/2 from Ch. 8, par. 302 Amends the Animal Welfare Act. Provides that the definition of "dog dealer" does not include a person who sells dogs at retail to the public. LRB103 25734 AMQ 52083 b LRB103 25734 AMQ 52083 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1373 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 605/2 from Ch. 8, par. 302 225 ILCS 605/2 from Ch. 8, par. 302
4	4	225 ILCS 605/2 from Ch. 8, par. 302
5	5	Amends the Animal Welfare Act. Provides that the definition of "dog dealer" does not include a person who sells dogs at retail to the public.
6	6	LRB103 25734 AMQ 52083 b LRB103 25734 AMQ 52083 b
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8	8	A BILL FOR
9	9	HB1373LRB103 25734 AMQ 52083 b HB1373 LRB103 25734 AMQ 52083 b
10	10	HB1373 LRB103 25734 AMQ 52083 b
11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Animal Welfare Act is amended by changing
15	15	5 Section 2 as follows:
16	16	6 (225 ILCS 605/2) (from Ch. 8, par. 302)
17	17	7 Sec. 2. Definitions. As used in this Act unless the
18	18	8 context otherwise requires:
19	19	9 "Department" means the Illinois Department of Agriculture.
20	20	10 "Director" means the Director of the Illinois Department
21	21	11 of Agriculture.
22	22	12 "Pet shop operator" means any person who sells, offers to
23	23	13 sell, exchange, or offers for adoption with or without charge
24	24	14 or donation dogs, cats, birds, fish, reptiles, or other
25	25	15 animals customarily obtained as pets in this State at retail
26	26	16 to the public. However, a person who sells only such animals
27	27	17 that he has produced and raised shall not be considered a pet
28	28	18 shop operator under this Act, and a veterinary hospital or
29	29	19 clinic operated by a veterinarian or veterinarians licensed
30	30	20 under the Veterinary Medicine and Surgery Practice Act of 2004
31	31	21 shall not be considered a pet shop operator under this Act.
32	32	22 "Dog dealer" means any person who sells, offers to sell,
33	33	23 exchange, or offers for adoption with or without charge or
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1373 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
38	38	225 ILCS 605/2 from Ch. 8, par. 302 225 ILCS 605/2 from Ch. 8, par. 302
39	39	225 ILCS 605/2 from Ch. 8, par. 302
40	40	Amends the Animal Welfare Act. Provides that the definition of "dog dealer" does not include a person who sells dogs at retail to the public.
41	41	LRB103 25734 AMQ 52083 b LRB103 25734 AMQ 52083 b
42	42	LRB103 25734 AMQ 52083 b
43	43	A BILL FOR
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49	49	225 ILCS 605/2 from Ch. 8, par. 302
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68	68	1 donation dogs in this State. However, a person who sells dogs
69	69	2 at retail to the public, including by appointment only, or
70	70	3 only dogs that he has produced and raised shall not be
71	71	4 considered a dog dealer under this Act, and a veterinary
72	72	5 hospital or clinic operated by a veterinarian or veterinarians
73	73	6 licensed under the Veterinary Medicine and Surgery Practice
74	74	7 Act of 2004 shall not be considered a dog dealer under this
75	75	8 Act.
76	76	9 "Secretary of Agriculture" or "Secretary" means the
77	77	10 Secretary of Agriculture of the United States Department of
78	78	11 Agriculture.
79	79	12 "Person" means any person, firm, corporation, partnership,
80	80	13 association or other legal entity, any public or private
81	81	14 institution, the State of Illinois, or any municipal
82	82	15 corporation or political subdivision of the State.
83	83	16 "Kennel operator" means any person who operates an
84	84	17 establishment, other than an animal control facility,
85	85	18 veterinary hospital, or animal shelter, where dogs or dogs and
86	86	19 cats are maintained for boarding, training or similar purposes
87	87	20 for a fee or compensation.
88	88	21 "Boarding" means a time frame greater than 12 hours or an
89	89	22 overnight period during which an animal is kept by a kennel
90	90	23 operator.
91	91	24 "Cat breeder" means a person who sells, offers to sell,
92	92	25 exchanges, or offers for adoption with or without charge cats
93	93	26 that he or she has produced and raised. A person who owns, has
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104	104	1 possession of, or harbors 5 or less females capable of
105	105	2 reproduction shall not be considered a cat breeder.
106	106	3 "Dog breeder" means a person who sells, offers to sell,
107	107	4 exchanges, or offers for adoption with or without charge dogs
108	108	5 that he has produced and raised. A person who owns, has
109	109	6 possession of, or harbors 5 or less females capable of
110	110	7 reproduction shall not be considered a dog breeder.
111	111	8 "Animal control facility" means any facility operated by
112	112	9 or under contract for the State, county, or any municipal
113	113	10 corporation or political subdivision of the State for the
114	114	11 purpose of impounding or harboring seized, stray, homeless,
115	115	12 abandoned or unwanted dogs, cats, and other animals. "Animal
116	116	13 control facility" also means any veterinary hospital or clinic
117	117	14 operated by a veterinarian or veterinarians licensed under the
118	118	15 Veterinary Medicine and Surgery Practice Act of 2004 which
119	119	16 operates for the above mentioned purpose in addition to its
120	120	17 customary purposes.
121	121	18 "Animal shelter" means a facility operated, owned, or
122	122	19 maintained by a duly incorporated humane society, animal
123	123	20 welfare society, or other non-profit organization having
124	124	21 tax-exempt status under Section 501(c)(3) of the Internal
125	125	22 Revenue Code for the purpose of providing for and promoting
126	126	23 the welfare, protection, and humane treatment of animals. An
127	127	24 organization that does not have its own building that
128	128	25 maintains animals solely in foster homes or other licensees is
129	129	26 an "animal shelter" for purposes of this Act. "Animal shelter"
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140	140	1 also means any veterinary hospital or clinic operated by a
141	141	2 veterinarian or veterinarians licensed under the Veterinary
142	142	3 Medicine and Surgery Practice Act of 2004 which operates for
143	143	4 the above mentioned purpose in addition to its customary
144	144	5 purposes.
145	145	6 "Day care operator" means a person who operates an
146	146	7 establishment, other than an animal control facility,
147	147	8 veterinary hospital, or animal shelter, where dogs or dogs and
148	148	9 cats are kept for a period of time not exceeding 12 hours.
149	149	10 "Foster home" means an entity that accepts the
150	150	11 responsibility for stewardship of animals that are the
151	151	12 obligation of an animal shelter or animal control facility,
152	152	13 not to exceed 4 foster animals or 2 litters under 8 weeks of
153	153	14 age at any given time. A written agreement to operate as a
154	154	15 "foster home" shall be contracted with the animal shelter or
155	155	16 animal control facility.
156	156	17 "Guard dog service" means an entity that, for a fee,
157	157	18 furnishes or leases guard or sentry dogs for the protection of
158	158	19 life or property. A person is not a guard dog service solely
159	159	20 because he or she owns a dog and uses it to guard his or her
160	160	21 home, business, or farmland.
161	161	22 "Guard dog" means a type of dog used primarily for the
162	162	23 purpose of defending, patrolling, or protecting property or
163	163	24 life at a commercial establishment other than a farm. "Guard
164	164	25 dog" does not include stock dogs used primarily for handling
165	165	26 and controlling livestock or farm animals, nor does it include
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176	176	1 personally owned pets that also provide security.
177	177	2 "Return" in return to field or trap, neuter, return
178	178	3 program means to return the cat to field after it has been
179	179	4 sterilized and vaccinated for rabies.
180	180	5 "Sentry dog" means a dog trained to work without
181	181	6 supervision in a fenced facility other than a farm, and to
182	182	7 deter or detain unauthorized persons found within the
183	183	8 facility.
184	184	9 "Probationary status" means the 12-month period following
185	185	10 a series of violations of this Act during which any further
186	186	11 violation shall result in an automatic 12-month suspension of
187	187	12 licensure.
188	188	13 "Owner" means any person having a right of property in an
189	189	14 animal, who keeps or harbors an animal, who has an animal in
190	190	15 his or her care or acts as its custodian, or who knowingly
191	191	16 permits a dog to remain on any premises occupied by him or her.
192	192	17 "Owner" does not include a feral cat caretaker participating
193	193	18 in a trap, spay/neuter, vaccinate for rabies, and return
194	194	19 program.
195	195	20 "Offer for sale" means to sell, exchange for
196	196	21 consideration, offer for adoption, advertise for the sale of,
197	197	22 barter, auction, give away, or otherwise dispose of animals.
198	198	23 (Source: P.A. 101-81, eff. 7-12-19; 101-295, eff. 8-9-19;
199	199	24 102-586, eff. 2-23-22.)
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