HB3390ham001 101ST GENERAL ASSEMBLY

Rep. Diane Pappas

Filed: 3/20/2019

10100HB3390ham001 LRB101 08508 CPF 58277 a

AMENDMENT TO HOUSE BILL 3390

AMENDMENT NO. ______. Amend House Bill 3390 by replacing everything after the enacting clause with the following:

"Section 5. The Animal Welfare Act is amended by adding Section 18.2 as follows:

(225 ILCS 605/18.2 new)

Sec. 18.2. Fire alarm system.

(a) In this Section:

"Fire alarm system" means a fire alarm system that complies with any applicable rules adopted by the State Fire Marshal and automatically triggers notification to local emergency responders when activated.

(b) A kennel operator that maintains dogs and cats for boarding that is not staffed at all times shall be equipped with at least one fire alarm system or fire sprinkler system in operating condition in every building of the kennel operator that is used for the housing of animals.

Compliance with an applicable federal, State, or local law, rule, or building code requiring the installation or maintenance of fire alarm monitoring systems in a manner different from this Section, but providing a level of safety for occupants that is equal to or greater than that provided by this Section, shall be deemed to comply with this Section, and the requirements of the more stringent law shall govern rather than this Section.

(c) The State Fire Marshal shall inspect, or shall direct a local fire marshal to inspect, a kennel operator that maintains dogs and cats for boarding when a resident makes a credible complaint alleging that the kennel operator is not in compliance with this Section.

Local fire inspectors shall determine whether a kennel operator that maintains dogs and cats for boarding is in compliance with this Section during the course of routine building and fire inspections of the kennel operator. Local fire officials and the State Fire Marshal shall immediately notify the Department upon discovering that a kennel operator is not in compliance with this Section.

(d) The Department shall deny issuing a license under this Act to a kennel operator that maintains dogs and cats for boarding that is not in compliance this Section. A kennel operator that is already licensed under this Act and found by the Department not to be in compliance with this Section shall be liable for $500 for the first violation, $1,500 for the second violation, and $2,500 and the loss of the license issued under this Act for the third violation. The State's Attorney of the county in which the violation occurred or the Attorney General may bring an action in the circuit court in which the violation occurred to enforce the collection of any civil penalty imposed.".