HB2793 103RD GENERAL ASSEMBLY

LRB103 30039 AMQ 56460 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2793

Introduced 2/16/2023, by Rep. William "Will" Davis

SYNOPSIS AS INTRODUCED:

225 ILCS 605/2	from Ch. 8, par. 302
225 ILCS 605/3.6
225 ILCS 605/3.8
225 ILCS 605/3.10 new

Amends the Animal Welfare Act. Defines "professional breeder". Provides that an animal shelter shall not accept a dog or cat from an animal shelter licensed under the Act or an out-of-state animal control facility, rescue group, or animal shelter that is duly licensed in their state or is a not-for-profit organization unless it obtains documentation attesting that the dog or cat was not obtained through compensation or payment made to a cat breeder, dog breeder, dog dealer, or dog broker. Provides that an animal shelter shall not obtain a dog or cat by any means other than owner surrender, transfer from an animal control facility, an order by law enforcement, or an animal shelter in compliance with provisions concerning reporting of animals. Provides that a pet shop operator or dog dealer (rather than just a pet shop operator) may offer for sale a dog or cat only if the dog or cat is obtained from an animal control facility, animal shelter, or professional breeder (rather than just an animal control facility or an animal shelter) located in-state or out-of-state, that is in compliance with provisions concerning animal control facilities and animal shelters supplying to pet shop operators and requirements of professional dog breeders. Removes provisions concerning the requirement that a pet shop operator shall keep a record of each dog or cat offered for sale. Provides for requirements of professional dog breeders.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Animal Welfare Act is amended by changing Sections 2, 3.6, and 3.8 and by adding Section 3.10 as follows:

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

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

"Department" means the Illinois Department of Agriculture.

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

"Pet shop operator" means any person who sells, offers to sell, exchange, or offers for adoption with or without charge or donation dogs, cats, birds, fish, reptiles, or other animals customarily obtained as pets in this State at retail to the public. However, a person who sells only such animals that he has produced and raised shall not be considered a pet shop operator under this Act, and a veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 shall not be considered a pet shop operator under this Act.

"Dog dealer" means any person who sells, offers to sell, exchange, or offers for adoption with or without charge or donation dogs in this State. However, a person who sells only dogs that he has produced and raised shall not be considered a dog dealer under this Act, and a veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 shall not be considered a dog dealer under this Act.

"Secretary of Agriculture" or "Secretary" means the Secretary of Agriculture of the United States Department of Agriculture.

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

"Kennel operator" means any person who operates an establishment, other than an animal control facility, veterinary hospital, or animal shelter, where dogs or dogs and cats are maintained for boarding, training or similar purposes for a fee or compensation.

"Boarding" means a time frame greater than 12 hours or an overnight period during which an animal is kept by a kennel operator.

"Cat breeder" means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge cats that he or she has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a cat breeder.

"Dog breeder" means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge dogs that he has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a dog breeder.

"Animal control facility" means any facility operated by or under contract for the State, county, or any municipal corporation or political subdivision of the State for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats, and other animals. "Animal control facility" also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 which operates for the above mentioned purpose in addition to its customary purposes.

"Animal shelter" means a facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other non-profit organization having tax-exempt status under Section 501(c)(3) of the Internal Revenue Code for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. An organization that does not have its own building that maintains animals solely in foster homes or other licensees is an "animal shelter" for purposes of this Act. "Animal shelter" also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 which operates for the above mentioned purpose in addition to its customary purposes.

"Day care operator" means a person who operates an establishment, other than an animal control facility, veterinary hospital, or animal shelter, where dogs or dogs and cats are kept for a period of time not exceeding 12 hours.

"Foster home" means an entity that accepts the responsibility for stewardship of animals that are the obligation of an animal shelter or animal control facility, not to exceed 4 foster animals or 2 litters under 8 weeks of age at any given time. A written agreement to operate as a "foster home" shall be contracted with the animal shelter or animal control facility.

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

"Guard dog" means a type of dog used primarily for the purpose of defending, patrolling, or protecting property or life at a commercial establishment other than a farm. "Guard dog" does not include stock dogs used primarily for handling and controlling livestock or farm animals, nor does it include personally owned pets that also provide security.

"Return" in return to field or trap, neuter, return program means to return the cat to field after it has been sterilized and vaccinated for rabies.

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

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

"Owner" means any person having a right of property in an animal, who keeps or harbors an animal, who has an animal in his or her care or acts as its custodian, or who knowingly permits a dog to remain on any premises occupied by him or her. "Owner" does not include a feral cat caretaker participating in a trap, spay/neuter, vaccinate for rabies, and return program.

"Offer for sale" means to sell, exchange for consideration, offer for adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of animals.

"Professional breeder" means a legal entity or individual that conducts business within this State and that owns, has possession of, or houses more than 5 breeding female dogs, is required to be licensed and regulated under the federal Animal Welfare Act by the United States Department of Agriculture, and, in return for a fee or consideration, sells or adopts the offspring of the breeding dogs to the public, a pet store, or a tax-exempt rescue organization.

(Source: P.A. 101-81, eff. 7-12-19; 101-295, eff. 8-9-19; 102-586, eff. 2-23-22.)

(225 ILCS 605/3.6)

Sec. 3.6. Acceptance of stray dogs and cats.

(a) No animal shelter may accept a stray dog or cat unless the animal is reported by the shelter to the animal control or law enforcement of the county in which the animal is found by the next business day. An animal shelter may accept animals from: (1) the owner of the animal where the owner signs a relinquishment form which states he or she is the owner of the animal; (2) an animal shelter licensed under this Act; or (3) an out-of-state animal control facility, rescue group, or animal shelter that is duly licensed in their state or is a not-for-profit organization. An animal shelter shall not accept a dog or cat from an organization described in item (2) or (3) unless it obtains documentation attesting that the dog or cat was not obtained through compensation or payment made to a cat breeder, dog breeder, dog dealer, or dog broker.

(b) When stray dogs and cats are accepted by an animal shelter, they must be scanned for the presence of a microchip and examined for other currently-acceptable methods of identification, including, but not limited to, identification tags, tattoos, and rabies license tags. The examination for identification shall be done within 24 hours after the intake of each dog or cat. The animal shelter shall notify the owner and transfer any dog with an identified owner to the animal control or law enforcement agency in the jurisdiction in which it was found or the local animal control agency for redemption.

(c) If no transfer can occur, the animal shelter shall make every reasonable attempt to contact the owner, agent, or caretaker as soon as possible. The animal shelter shall give notice of not less than 7 business days to the owner, agent, or caretaker prior to disposal of the animal. The notice shall be mailed to the last known address of the owner, agent, or caretaker. Testimony of the animal shelter, or its authorized agent, who mails the notice shall be evidence of the receipt of the notice by the owner, agent, or caretaker of the animal. A mailed notice shall remain the primary means of owner, agent, or caretaker contact; however, the animal shelter shall also attempt to contact the owner, agent, or caretaker by any other contact information, such as by telephone or email address, provided by the microchip or other method of identification found on the dog or cat. If the dog or cat has been microchipped and the primary contact listed by the chip manufacturer cannot be located or refuses to reclaim the dog or cat, an attempt shall be made to contact any secondary contacts listed by the chip manufacturer or the purchaser of the microchip if the purchaser is a nonprofit organization, animal shelter, animal control facility, pet store, breeder, or veterinary office prior to adoption, transfer, or euthanization. Prior to transferring any stray dog or cat to another humane shelter, pet store, rescue group, or euthanization, the dog or cat shall be scanned again for the presence of a microchip and examined for other means of identification. If a second scan provides the same identifying information as the initial intake scan and the owner, agent, or caretaker has not been located or refuses to reclaim the dog or cat, the animal shelter may proceed with adoption, transfer, or euthanization.

(d) When stray dogs and cats are accepted by an animal shelter and no owner can be identified, the shelter shall hold the animal for the period specified in local ordinance prior to adoption, transfer, or euthanasia. The animal shelter shall allow access to the public to view the animals housed there. If a dog is identified by an owner who desires to make redemption of it, the dog shall be transferred to the local animal control for redemption. If no transfer can occur, the animal shelter shall proceed pursuant to Section 3.7. Upon lapse of the hold period specified in local ordinance and no owner can be identified, ownership of the animal, by operation of law, transfers to the shelter that has custody of the animal.

(e) No representative of an animal shelter may enter private property and remove an animal without permission from the property owner and animal owner, nor can any representative of an animal shelter direct another individual to enter private property and remove an animal unless that individual is an approved humane investigator (approved by the Department) operating pursuant to the provisions of the Humane Care for Animals Act.

(f) Nothing in this Section limits an animal shelter and an animal control facility who, through mutual agreement, wish to enter into an agreement for animal control, boarding, holding, measures to improve life-saving, or other services provided that the agreement requires parties adhere to the provisions of the Animal Control Act, the Humane Euthanasia in Animal Shelters Act, and the Humane Care for Animals Act.

(g) An animal shelter shall not obtain a dog or cat by any means other than owner surrender, transfer from an animal control facility, an order by law enforcement, a court order, or an animal shelter in compliance with subsection (a).

(Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17; 100-870, eff. 1-1-19.)

(225 ILCS 605/3.8)

Sec. 3.8. Requirements Prohibition of dogs and cats sold by pet shops; recordkeeping.

(a) A pet shop operator or dog dealer may offer for sale a dog or cat only if the dog or cat is obtained from an animal control facility, or animal shelter, or professional breeder located in-state or out-of-state, that is in compliance with Section 3.9 or Section 3.10.

(b) (Blank). A pet shop operator shall keep a record of each dog or cat offered for sale. The record must be kept on file for a period of 2 years following the acquisition of each dog or cat, made available to the Department upon request, and submitted to the Department on May 1 and November 1 of each year. The record shall include the following:

(1) name, address, and phone number of the animal control facilityor animal shelter each dog or cat was obtained from; and

(2) documentation from the animal control facility or animal shelter each dog or cat was obtained from demonstrating compliance with Section 3.9, including the circumstances that led to the animal control facility or animal shelter obtaining ownership of the dog or cat and any other information indicating the dog or cat was not obtained from a source prohibited in Section 3.9.

(c) In addition to the penalties set forth in Section 20.5, a pet shop operator that violates subsection (a) shall no longer offer for sale a dog or cat regardless of where the dog or cat was obtained.

(d) Nothing in this Section prohibits a pet shop operator from providing space to an animal control facility or animal shelter to showcase dogs or cats owned by these entities for the purpose of adoption.

(Source: P.A. 102-586, eff. 2-23-22.)

(225 ILCS 605/3.10 new)

Sec. 3.10. Requirements of professional dog breeders.

(a) In addition to the sourcing requirements in Section 3.08, a pet shop operator or dog dealer shall also submit records to the Department that attest that dogs offered for sale are obtained from a professional breeder and that the pet shop operator or dog dealer are in compliance with this Section.

(b) A professional breeder violates this Section if any 2 of the following conditions are not met:

(1) Primary enclosures comply with the following:

(A)(i) Prior to December 31, 2024, a primary enclosure provides each dog with a minimum amount of floor space, in square inches, that is equal to at least 2 times the square of the length of the dog housed in the enclosure in inches, as measured from the tip of the nose to the base of the tail 6 inches; or (ii) on and after December 31, 2024, a primary enclosure provides each dog with a minimum amount of floor space, in square inches, that is equal to at least 2 times the square of the length of the dog housed in the enclosure in inches, as measured from the tip of the nose to the base of the tail plus 9 inches. For each additional dog that is kept or confined in a primary enclosure, the enclosure shall have additional floor space in square inches equal to the square of the length of the dog housed in the enclosure in inches, as measured from the tip of the nose to the base of the tail plus 9 inches.

(B) The primary enclosures have solid or slatted floors and may consist of coated or expanded metal flooring. The mandatory minimum space required for primary enclosures in professional breeding facilities shall have solid floors or flooring that is slatted with slats that are at least 3.5 inches in width with no more than half-inch gaps between slats. Flooring shall be constructed in a manner that protects the dogs' feet and legs from injury and that will not allow the dogs' feet to pass through any openings in the floor.

(C) The primary enclosures consist of materials that can be cleaned and sanitized, are safe for the breed, size, and age of the dog, are free from protruding sharp edges, and are designed so that the paw of the dog is unable to extend through or become caught in the flooring.

(D) If the flooring surface of the primary enclosure consists of a material that is not solid, the primary enclosure has a solid resting area that can accommodate the full length of the dog while lying down.

(E) The flooring of the primary enclosure does not sag, bend, or bounce.

(F) The primary enclosures are not stacked on top of one another.

(G) The indoor temperatures of the primary enclosures do not exceed below 45 degrees Fahrenheit or above 85 degrees Fahrenheit for more than 2 hours, unless a variation is recommended in consultation with a licensed veterinarian.

(2) Breeding practices and veterinary care shall comply with the following:

(A) A breeding female shall receive an examination by a licensed veterinarian prior to its first breeding cycle to ensure the female is healthy enough to be bred.

(B) Annual veterinarian exams shall include, but are not limited to: (i) a hands-on examination by a veterinarian, including a comprehensive physical examination, dental assessment, body condition scoring, and pain assessment, at least once a year to ensure health problems are identified and treated; (ii) an assessment that a breeding female has received adequate rest between litters to allow for proper physical recovery and remains healthy enough to be bred prior to its next breeding cycle; and (iii) regular fur grooming and nail trimming as needed for the safety and comfort of the dog based on that dog's breed or at least twice a year.

(C) Canine cesarean sections and euthanasia are to be performed only by licensed veterinarians.

(D) Retention of veterinarian records detailing the program of care to ensure professional breeding facilities provide the necessary care routinely prescribed to companion animals.

(E) Unless otherwise directed by a veterinarian, the dog is provided, twice each day, food that is sufficient to maintain body condition and weight as directed by a veterinarian. The food shall be unspoiled and uncontaminated, provided in accordance with a nutritional plan recommended by a veterinarian, and served in receptacles that are clean and sanitary.

(F) Each day, the dog is provided access to a continuous supply of potable water that is in clean and sanitary receptacles and is of sufficient quality and quantity to ensure maintenance of normal body condition and growth unless otherwise directed by a veterinarian.

(G) The breeder shall comply with a vaccination and parasite control program that is approved by a veterinarian and that is consistent with recommendations of the American Veterinary Medical Association or the American Animal Hospital Association.

(3) All adult dogs in professional breeding facilities have either constant, unfettered access or supervised daily access to an exercise area of sufficient size to ensure proper physical development, health, and socialization. Socialization includes, but is not limited to, daily petting, stroking, grooming, feeding, playing with, exercising, or other touching of the dog that is beneficial to the well-being of the dog. The exercise area should, at a minimum, be at least twice the amount of space required for the primary enclosure. The exercise area may be indoors or outdoors. The exercise and socialization program must be approved and certified by a licensed veterinarian.

(4) If a dog is no longer to be bred or a veterinarian determines the dog is no longer healthy enough to be bred, the breeder shall retire the animal. If the breeder chooses not to keep the dog, the breeder must make all reasonable efforts to find placement with an adoptive family, rescue organization, or other appropriate owner for that animal.

(5) A professional breeder shall maintain all veterinarian and animal care records for each animal for 2 years after ceasing to own the animal. A professional breeder shall provide a copy of all veterinarian records, audit records, and inspection reports upon the sale of any animal. A pet store operator or dog dealer shall make available copies of all veterinarian records, audit records, and inspection reports of any animal to the Department upon request.

(c) In addition to the penalties set forth in Section 20.5:

(1) Whenever the Attorney General has reason to believe that a professional breeder is intentionally or recklessly using any method, act, or practice that is in violation of Section 3.10 and that proceedings would be in the public interest, the Attorney General may bring an action against such professional breeder to restrain by preliminary or permanent injunction the use of such method, act, or practice.

(2) Any person who received a dog or cat from a professional breeder and who suffers actual damage may bring an action for injunctive relief against a professional breeder who intentionally or recklessly violates Section 3.10. The court, in its discretion, may restrain by preliminary or permanent injunction the use of such method, act, or practice that is in violation of Section 3.10.

(3) Prior to bringing an action under paragraph (2), a person must first send notice to the Department of the person's intent to file an action and shall include a list of alleged violations. Actions pursuant to paragraph (2) may be brought if, prior to initiating an action against a professional breeder, the Department provides the professional breeder 30 days' written notice identifying the specific provisions of this Act the professional breeder is alleged to be violating. In the event a cure is possible, if within 30 days the professional breeder actually cures the noticed violation and provides the Department with an express written statement that the violations have been cured and no further violations shall occur, no action may be initiated against the professional breeder. If a professional breeder continues to violate Section 3.10 in breach of the express written statement provided under this Section, the person may initiate an action against the professional breeder to enforce the written statement and may pursue damages for each breach of the express written statement, as well as any other violation of Section 3.10 that postdates the written statement.