State of Illinois
91st General Assembly
Legislation
91_HB3429ham001
LRB9109822ACtmam01

1 AMENDMENT TO HOUSE BILL 3429


2 AMENDMENT NO. . Amend House Bill 3429, by replacing

3 the title with the following:

4 "AN ACT regarding pet day care."; and



5 by replacing everything after the enacting clause with the

6 following:



7 "Section 5. The Animal Welfare Act is amended by

8 changing Sections 2 and 3 and adding Section 6.6 as follows:



9 (225 ILCS 605/2) (from Ch. 8, par. 302)

10 Sec. 2. Definitions. As used in this Act unless the

11 context otherwise requires:

12 "Department" means the Illinois Department of

13 Agriculture.

14 "Director" means the Director of the Illinois Department

15 of Agriculture.

16 "Pet shop operator" means any person who sells, offers to

17 sell, exchange, or offers for adoption with or without charge

18 or donation dogs, cats, birds, fish, reptiles, or other

19 animals customarily obtained as pets in this State. However,

20 a person who sells only such animals that he has produced and

21 raised shall not be considered a pet shop operator under this



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1 Act, and a veterinary hospital or clinic operated by a

2 veterinarian or veterinarians licensed under the Veterinary

3 Medicine and Surgery Practice Act of 1994 shall not be

4 considered a pet shop operator under this Act.

5 "Dog dealer" means any person who sells, offers to sell,

6 exchange, or offers for adoption with or without charge or

7 donation dogs in this State. However, a person who sells only

8 dogs that he has produced and raised shall not be considered

9 a dog dealer under this Act, and a veterinary hospital or

10 clinic operated by a veterinarian or veterinarians licensed

11 under the Veterinary Medicine and Surgery Practice Act of

12 1994 shall not be considered a dog dealer under this Act.

13 "Secretary of Agriculture" or "Secretary" means the

14 Secretary of Agriculture of the United States Department of

15 Agriculture.

16 "Person" means any person, firm, corporation,

17 partnership, association or other legal entity, any public or

18 private institution, the State of Illinois, or any municipal

19 corporation or political subdivision of the State.

20 "Kennel operator" means any person who operates an

21 establishment, other than an animal control facility,

22 veterinary hospital, or animal shelter, where dogs or dogs

23 and cats are maintained for boarding, training or similar

24 purposes for a fee or compensation; or who sells, offers to

25 sell, exchange, or offers for adoption with or without charge

26 dogs or dogs and cats which he has produced and raised. A

27 person who owns, has possession of, or harbors 5 or less

28 females capable of reproduction shall not be considered a

29 kennel operator.

30 "Cattery operator" means any person who operates an

31 establishment, other than an animal control facility or

32 animal shelter, where cats are maintained for boarding,

33 training or similar purposes for a fee or compensation; or

34 who sells, offers to sell, exchange, or offers for adoption



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1 with or without charges cats which he has produced and

2 raised. A person who owns, has possession of, or harbors 5

3 or less females capable of reproduction shall not be

4 considered a cattery operator.

5 "Animal control facility" means any facility operated by

6 or under contract for the State, county, or any municipal

7 corporation or political subdivision of the State for the

8 purpose of impounding or harboring seized, stray, homeless,

9 abandoned or unwanted dogs, cats, and other animals. "Animal

10 control facility" also means any veterinary hospital or

11 clinic operated by a veterinarian or veterinarians licensed

12 under the Veterinary Medicine and Surgery Practice Act of

13 1994 which operates for the above mentioned purpose in

14 addition to its customary purposes.

15 "Animal shelter" means a facility operated, owned, or

16 maintained by a duly incorporated humane society, animal

17 welfare society, or other non-profit organization for the

18 purpose of providing for and promoting the welfare,

19 protection, and humane treatment of animals. "Animal

20 shelter" also means any veterinary hospital or clinic

21 operated by a veterinarian or veterinarians licensed under

22 the Veterinary Medicine and Surgery Practice Act of 1994

23 which operates for the above mentioned purpose in addition to

24 its customary purposes.

25 "Foster home" means an entity that accepts the

26 responsibility for stewardship of animals that are the

27 obligation of an animal shelter, not to exceed 4 animals at

28 any given time. Permits to operate as a "foster home" shall

29 be issued through the animal shelter.

30 "Guard dog service" means an entity that, for a fee,

31 furnishes or leases guard or sentry dogs for the protection

32 of life or property. A person is not a guard dog service

33 solely because he or she owns a dog and uses it to guard his

34 or her home, business, or farmland.



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1 "Guard dog" means a type of dog used primarily for the

2 purpose of defending, patrolling, or protecting property or

3 life at a commercial establishment other than a farm. "Guard

4 dog" does not include stock dogs used primarily for handling

5 and controlling livestock or farm animals, nor does it

6 include personally owned pets that also provide security.

7 "Sentry dog" means a dog trained to work without

8 supervision in a fenced facility other than a farm, and to

9 deter or detain unauthorized persons found within the

10 facility.

11 "Dog day care facility" means a facility that regularly

12 provides day care for less than 24 hours per day for dogs for

13 a fee or compensation.

14 (Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97;

15 90-403, eff. 8-15-97.)



16 (225 ILCS 605/3) (from Ch. 8, par. 303)

17 Sec. 3. No person shall engage in business as a pet shop

18 operator, dog dealer, kennel operator, cattery operator, or

19 operate a guard dog service, an animal control facility or

20 animal shelter or any combination thereof, in this State

21 without a license therefor issued by the Department.

22 Beginning January 1, 2001, no person shall operate a dog day

23 care facility without a license issued by the Department.

24 Only one license shall be required for any combination of

25 businesses at one location, except that a separate license

26 shall be required to operate a guard dog service or,

27 beginning January 1, 2001, a dog day care facility. Guard

28 dog services that are located outside this State but provide

29 services within this State are required to obtain a license

30 from the Department. Out-of-state guard dog services are

31 required to comply with the requirements of this Act with

32 regard to guard dogs and sentry dogs transported to or used

33 within this State.



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



2 (225 ILCS 605/6.6 new)

3 Sec. 6.6. Dog day care facilities.

4 (a) The Department may promulgate rules regulating dog

5 day care facilities. Rules regarding the maximum number of

6 dogs that a dog day care facility may accept shall be based

7 on the size of the facility and the number of attendants and

8 shall take into consideration the health and welfare of the

9 animals involved.

10 (b) A dog enrolled in a dog day care facility may be

11 commingled with other dogs if the owner of the dog provides a

12 certificate of health and proof of vaccination against

13 distemper, rabies, the parvo virus, and other communicable

14 diseases or viruses as specified by rule of the Department.

15 The vaccination records of the dog must be current and in

16 compliance with all vaccination requirements of law for the

17 boarding of dogs.

18 (c) The Department is not liable for injury that occurs

19 while on the premises of a dog day care facility.



20 Section 99. Effective date. This Act takes effect upon

21 becoming law.".