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1 | AN ACT concerning dog breeders.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Dog | ||||||||||||||||||||||||||||||||||||||
5 | Breeder License Act. | ||||||||||||||||||||||||||||||||||||||
6 | Section 5. Definitions. The following terms have the | ||||||||||||||||||||||||||||||||||||||
7 | meanings indicated, unless the context requires otherwise: | ||||||||||||||||||||||||||||||||||||||
8 | "Department" means the Department of Financial and | ||||||||||||||||||||||||||||||||||||||
9 | Professional Regulation. | ||||||||||||||||||||||||||||||||||||||
10 | "Division" means the Division of Professional Regulation | ||||||||||||||||||||||||||||||||||||||
11 | of the Department of Financial and Professional Regulation. | ||||||||||||||||||||||||||||||||||||||
12 | "Director" means the Director of the Division of | ||||||||||||||||||||||||||||||||||||||
13 | Professional Regulation. | ||||||||||||||||||||||||||||||||||||||
14 | "Indoor housing facility" means any structure or building | ||||||||||||||||||||||||||||||||||||||
15 | that contains primary enclosures. | ||||||||||||||||||||||||||||||||||||||
16 | "Person" means any person, firm, corporation, partnership, | ||||||||||||||||||||||||||||||||||||||
17 | association, or other legal entity; any public or private | ||||||||||||||||||||||||||||||||||||||
18 | institution; the State of Illinois; or any municipal | ||||||||||||||||||||||||||||||||||||||
19 | corporation or political subdivision of the State. | ||||||||||||||||||||||||||||||||||||||
20 | "Primary enclosure" means the primary structure that | ||||||||||||||||||||||||||||||||||||||
21 | restricts a dog's ability to move, which includes a kennel, | ||||||||||||||||||||||||||||||||||||||
22 | cage, or run. | ||||||||||||||||||||||||||||||||||||||
23 | "Sale" means the transfer of a dog to another person in any |
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1 | of the following ways: | ||||||
2 | (1) Offering directly to a consumer for purchase. | ||||||
3 | (2) Offering at a retail pet shop for purchase. | ||||||
4 | (3) Offering a dog on the internet for purchase. | ||||||
5 | (4) Offering a wholesale exchange. | ||||||
6 | (5) Offering a dog up for adoption with any charges or | ||||||
7 | donation associated. | ||||||
8 | (6) Offering a dog up for research purposes. | ||||||
9 | "Sanitized" means cleaning hard surfaces and food and water | ||||||
10 | receptacles using one of the following methods: | ||||||
11 | (1) Live steam under pressure. | ||||||
12 | (2) Washing with water with a temperature of at least | ||||||
13 | 180 degrees Fahrenheit and soap or detergent, as with a | ||||||
14 | mechanical cage washer. | ||||||
15 | (3) Washing all soiled surfaces with appropriate | ||||||
16 | detergent solutions or disinfectant products followed by a | ||||||
17 | clean water rinse that removes all organic material and | ||||||
18 | mineral buildup. | ||||||
19 | "Secretary" means the Secretary of Financial and | ||||||
20 | Professional Regulation. | ||||||
21 | "Unaltered dog" means any dog that is not spaded or | ||||||
22 | neutered. | ||||||
23 | "Veterinarian" means a person holding the degree of Doctor | ||||||
24 | of Veterinary Medicine who is licensed under the Veterinary | ||||||
25 | Medicine and Surgery Practice Act of 2004. |
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1 | Section 10. License requirements. Any person who maintains | ||||||
2 | 3 or more female dogs for the purpose of the sale of their | ||||||
3 | offspring must be licensed under this Act. | ||||||
4 | Section 15. Powers and duties of the Department. | ||||||
5 | (a) The Department exercises the powers and duties | ||||||
6 | prescribed by the Civil Administrative Code of Illinois for the | ||||||
7 | Administration of Licensure Acts and exercises other powers and | ||||||
8 | duties necessary for effectuating the purposes of this Act. | ||||||
9 | (b) The Department may adopt rules to administer and | ||||||
10 | enforce this Act including, but not limited to, setting fees | ||||||
11 | for original license and renewal and restoration of license and | ||||||
12 | any other administrative fees, and may prescribe forms to be | ||||||
13 | issued to implement this Act. At a minimum, the rules adopted | ||||||
14 | by the Department must include standards and criteria for | ||||||
15 | license and for professional conduct and discipline. | ||||||
16 | Section 20. Application for original license. | ||||||
17 | (a) Applications for an original license must be made to | ||||||
18 | the Department in writing, signed by the applicant on forms | ||||||
19 | prescribed by the Department, and accompanied by a | ||||||
20 | nonrefundable fee set by rule. The Department must require | ||||||
21 | information from the applicant that, in its judgment, will | ||||||
22 | enable the Department to determine the qualifications of the | ||||||
23 | applicant for license. Such information must include the | ||||||
24 | location of all facilities to be used, description of |
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1 | facilities to be used, present and previous business | ||||||
2 | connections and experience, bank and professional references, | ||||||
3 | whether any license of the applicant under this Act or any | ||||||
4 | federal, state, county or local law, ordinance, or regulation | ||||||
5 | relating to dealing in or handling dogs or cats was ever | ||||||
6 | suspended or revoked, and whether the applicant has ever been | ||||||
7 | convicted of a felony. | ||||||
8 | Any applicant is ineligible for licensure if he or she has | ||||||
9 | been convicted of any of the following: | ||||||
10 | (1) A felony under any Section of the Humane Care for | ||||||
11 | Animals Act. | ||||||
12 | (2) Dog fighting under Section 26-5 of the Criminal | ||||||
13 | Code of 1961. | ||||||
14 | (3) Any violation of Section 12-35 or 26-5 of the | ||||||
15 | Criminal Code of 1961. | ||||||
16 | (4) A criminal offense in another jurisdiction of the | ||||||
17 | United States that is substantially similar to any of the | ||||||
18 | offenses listed in paragraphs (1) through (3) of this | ||||||
19 | subsection (a). | ||||||
20 | The Department shall consider if the applicant has been | ||||||
21 | convicted within the last 10 years in any state of dog | ||||||
22 | fighting, animal abuse, or any other animal-related action. | ||||||
23 | (b) A license must not be issued to someone who is | ||||||
24 | prohibited from owning unaltered dogs under Section 12-36 of | ||||||
25 | the Criminal Code of 1961. | ||||||
26 | (c) Applicants for licensure must have their fingerprints |
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1 | submitted to the Illinois State Police in an electronic format | ||||||
2 | that complies with the form and manner for requesting and | ||||||
3 | furnishing criminal history record information as prescribed | ||||||
4 | by the Illinois State Police. These fingerprints must be | ||||||
5 | checked against the most current Illinois State Police and | ||||||
6 | Federal Bureau of Investigation criminal history record | ||||||
7 | databases. The Illinois State Police may charge applicants a | ||||||
8 | fee for conducting the criminal history records check, which | ||||||
9 | must be deposited into the State Police Services Fund and must | ||||||
10 | not exceed the actual cost of the records check. The Illinois | ||||||
11 | State Police must furnish, pursuant to positive | ||||||
12 | identification, records of Illinois convictions to the | ||||||
13 | Department. The Department may require applicants to pay a | ||||||
14 | separate fingerprinting fee, either to the Department or to a | ||||||
15 | vendor. The Department, in its discretion, may allow applicants | ||||||
16 | who do not have reasonable access to a designated vendor to | ||||||
17 | provide their fingerprints in an alternative manner. The | ||||||
18 | Department may adopt any rules necessary to implement this | ||||||
19 | Section. | ||||||
20 | (d) Two or more dog breeding physical facilities under | ||||||
21 | common ownership that are separated by a distance of an | ||||||
22 | one-quarter mile or more must be licensed individually under | ||||||
23 | this Act. | ||||||
24 | (e) The Department must conduct an inspection to determine | ||||||
25 | compliance with this Act prior to issuing a license. If the | ||||||
26 | applicant's facility is not in full compliance with this Act, |
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1 | the license may not be issued until the applicant is in full | ||||||
2 | compliance. | ||||||
3 | Section 25. Issuance of license. The Department must begin | ||||||
4 | issuing licenses under this Act within 6 months after the | ||||||
5 | effective date of this Act. The Department must issue a license | ||||||
6 | to an applicant who meets the requirements and pays the | ||||||
7 | required application fee. | ||||||
8 | Section 30. Licenses; renewal; restoration. | ||||||
9 | (a) The expiration date, renewal period, renewal fees, and | ||||||
10 | procedures for renewal of each license issued under this Act | ||||||
11 | must be set by rule. | ||||||
12 | (b) Any person who has permitted their license to expire or | ||||||
13 | who has a license on inactive status may have it restored by | ||||||
14 | submitting an application to the Department and filing proof of | ||||||
15 | fitness, as defined by rule, to have the license restored. | ||||||
16 | (c) In renewing or restoring a license, the Department must | ||||||
17 | consider if the licensee has violated this Act or was convicted | ||||||
18 | of any violation of the Humane Care for Animals Act, dog | ||||||
19 | fighting under Section 26-5 of the Criminal Code of 1961, any | ||||||
20 | violation of Section 12-35 or 26-5 of the Criminal Code of | ||||||
21 | 1961, or a criminal offense in another jurisdiction of the | ||||||
22 | United States that is substantially similar to any of the | ||||||
23 | Illinois offenses listed in this subsection (c). | ||||||
24 | (d) Every year the Department must conduct at least one |
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1 | unannounced inspection of the licensee. An inspection fee may | ||||||
2 | be set by rule. | ||||||
3 | (e) If an applicant is currently out of compliance with | ||||||
4 | this Act, the applicant has 7 days to come into full compliance | ||||||
5 | or otherwise their renewal application must be denied by the | ||||||
6 | Department. | ||||||
7 | Section 35. Fees; returned checks. An agency or person who | ||||||
8 | delivers a check or other payment to the Department that is | ||||||
9 | returned to the Department unpaid by the financial institution | ||||||
10 | upon which the check or other payment is drawn must pay to the | ||||||
11 | Department the amount owed to the Department as well as a fine | ||||||
12 | of $50. The fines imposed by this Section are in addition to | ||||||
13 | any other discipline provided under this Act. The Director may | ||||||
14 | waive the fines due under this Section in individual cases | ||||||
15 | where the Director finds that the fines would be unreasonable | ||||||
16 | or unnecessarily burdensome. | ||||||
17 | Section 40. Records. All licensees under this Act must | ||||||
18 | maintain records of the origin and sale of all dogs, and such | ||||||
19 | records must be made available for inspection upon demand by | ||||||
20 | the Division, the Illinois Department of Agriculture, the | ||||||
21 | appropriate county animal control agency, or the appropriate | ||||||
22 | local law enforcement. Records must be maintained for at least | ||||||
23 | 5 years and must include the following: | ||||||
24 | (1) The date on which a dog enters the operation. |
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1 | (2) The person from whom the dog was purchased or | ||||||
2 | obtained, including the address and phone number of that | ||||||
3 | person. | ||||||
4 | (3) A description of the dog, including the species, | ||||||
5 | color, breed, sex, and approximate age and weight upon | ||||||
6 | arrival. | ||||||
7 | (4) Any tattoo, microchip number, or other | ||||||
8 | identification number carried by or appearing on the dog. | ||||||
9 | (5) Each date that puppies were born to that dog and | ||||||
10 | the number of puppies. | ||||||
11 | (6) All medical care and vaccinations provided to the | ||||||
12 | dog. | ||||||
13 | (7) The disposition of each dog and the date. | ||||||
14 | (8) Records that show compliance with Sections 55 and | ||||||
15 | 60 of this Act. | ||||||
16 | (9) Copies of disclosures required under Section 50 of | ||||||
17 | this Act. | ||||||
18 | Section 45. Reporting requirements. Every calendar year | ||||||
19 | the following information must be reported to the Department by | ||||||
20 | the licensee: | ||||||
21 | (1) Number of unaltered females over 5 months. | ||||||
22 | (2) Number of unaltered males over 5 months. | ||||||
23 | (3) Number of puppies born. | ||||||
24 | (4) Number of puppies sold whether sold directly to a | ||||||
25 | consumer, to a retail pet shop, via the internet, through |
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1 | wholesale exchange, or offering them for adoption with a | ||||||
2 | charge or donation. | ||||||
3 | (5) Number of dogs that were found dead in their | ||||||
4 | enclosure. | ||||||
5 | (6) Number of dogs that were euthanized. | ||||||
6 | Section 50. Disclosures at time of sale. | ||||||
7 | (a) Every licensee must provide the information set forth | ||||||
8 | in this subsection (a) prior to the sale of a dog. For dog | ||||||
9 | breeders selling dogs over the internet, the disclosure must be | ||||||
10 | posted in conjunction with the information about the individual | ||||||
11 | dog for sale. | ||||||
12 | Both the licensee and the consumer must sign the disclosure | ||||||
13 | and the licensee must maintain an original copy of the | ||||||
14 | disclosure for a period of 2 years after the date of sale. The | ||||||
15 | disclosure must include all of the following: | ||||||
16 | (1) The breed, age, date of birth, sex, and color of | ||||||
17 | the dog. | ||||||
18 | (2) The dates of any inoculations and medical | ||||||
19 | treatments administered to the dog at any time prior to the | ||||||
20 | sale, including the name and address of the individual who | ||||||
21 | performed the examination and administered any treatments | ||||||
22 | or medications. | ||||||
23 | (3) The name of the breeder and the facility where the | ||||||
24 | dog was bred, including the address and phone number. If | ||||||
25 | the breeder is located in Illinois, the breeder's license |
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1 | number must be included. If the breeder holds a license | ||||||
2 | issued by the United States Department of Agriculture, the | ||||||
3 | breeder's federal identification number must be provided. | ||||||
4 | (4) The name and address of any other person who owned | ||||||
5 | or harbored the dog between its birth and the point of | ||||||
6 | sale. | ||||||
7 | (5) The retail price of the dog, including any | ||||||
8 | additional fees or charges. If financing is being offered | ||||||
9 | for the purchase of the dog, the disclosure must also | ||||||
10 | include the following information: name of the company | ||||||
11 | financing the sale, annual percentage rate, monthly | ||||||
12 | payment amount, term of the loan, total finance charge, and | ||||||
13 | total amount paid at the end of the loan. | ||||||
14 | (6) Any known congenital or hereditary diseases of the | ||||||
15 | parents of the dog. | ||||||
16 | (7) Any known illness or medical condition of the dog | ||||||
17 | at the time of sale. | ||||||
18 | (8) If the dog is being sold as being capable of | ||||||
19 | registration with a pedigree registry organization, the | ||||||
20 | name and registration numbers of the mother and father and | ||||||
21 | the name and address of the pedigree registry organization | ||||||
22 | where the mother and father are registered. | ||||||
23 | (9) If the dog was returned by a retail customer, the | ||||||
24 | date and reason for the return. | ||||||
25 | (10) Include the following statement and circle the | ||||||
26 | corresponding answer: "The facility in which the dog was |
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1 | born has produced: (1) 1-2 litters in the past calendar | ||||||
2 | year, (2) 3-10 litters in the past calendar year, (3) 11-39 | ||||||
3 | litters in the past calendar year, or (4) more than 40 | ||||||
4 | litters in the past calendar year.". | ||||||
5 | (11) State the licensee's policy regarding any | ||||||
6 | guarantees, warranties, refunds, and returns. | ||||||
7 | (12) The signature and printed name of the licensee and | ||||||
8 | the date beneath the following statement: "I hereby attest | ||||||
9 | that all of the above information is true and correct to | ||||||
10 | the best of my knowledge, and I have made a diligent effort | ||||||
11 | to obtain this information.". | ||||||
12 | (13) Blank space for the customer to sign and print | ||||||
13 | their name and print the date beneath the following | ||||||
14 | statement: "I hereby attest that this disclosure was posted | ||||||
15 | with the dog for sale and that I have read all the | ||||||
16 | disclosures. I further understand that I am entitled to | ||||||
17 | keep a signed copy of this disclosure.". | ||||||
18 | (b) Before the sale is completed, the licensee must have | ||||||
19 | the consumer sign and date the disclosure as described in | ||||||
20 | paragraph (13) of subsection (a) of this Section. | ||||||
21 | (c) Every licensee must make copies and provide a copy of | ||||||
22 | the "Buying a New Dog" pamphlet described in this subsection | ||||||
23 | (c) to each purchaser. The purchaser must initial that they | ||||||
24 | have read the pamphlet prior to the completion of the sale. A | ||||||
25 | copy of the signed pamphlet must be maintained by the licensee | ||||||
26 | and a copy must be given to the consumer. |
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1 | The Department of Agriculture must create this pamphlet and | ||||||
2 | decide on the format of the pamphlet. The information in the | ||||||
3 | pamphlet must include at least the following: | ||||||
4 | (1) The benefits of visiting a veterinarian shortly | ||||||
5 | after purchasing a dog. | ||||||
6 | (2) The benefits of spaying or neutering a dog. | ||||||
7 | (3) "The cost of owning a dog: Beyond the purchase | ||||||
8 | price of a dog, there are annual expenses to care for a dog | ||||||
9 | including: routine veterinary care, vaccinations and | ||||||
10 | medications, food, grooming, training, licensing, | ||||||
11 | supplies, and additional or emergency medical care.". | ||||||
12 | (4) "Consider when purchasing a dog that with proper | ||||||
13 | care a dog can live well past 10 years.". | ||||||
14 | (d) A licensee who intentionally makes false or misleading | ||||||
15 | statements in connection with the disclosures required by this | ||||||
16 | Section has committed a violation of the Consumer Fraud and | ||||||
17 | Deceptive Business Practices Act. | ||||||
18 | Section 55. Unaltered dogs. | ||||||
19 | (a) A licensed dog breeder must maintain no more than 20 | ||||||
20 | unaltered dogs over the age of one year. | ||||||
21 | (b) Unaltered dogs must meet the following criteria before | ||||||
22 | being bred: | ||||||
23 | (1) A male unaltered dog must have been examined by a | ||||||
24 | veterinarian at least once a year and a female unaltered | ||||||
25 | dog must be examined by a veterinarian at least once a year |
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1 | or at each pregnancy, whichever occurs more frequently. | ||||||
2 | During the examination the veterinarian shall use | ||||||
3 | appropriate methods to prevent, control, diagnose, and | ||||||
4 | treat diseases and injuries. A dog shall not be bred if a | ||||||
5 | veterinarian determines that the animal is unfit for | ||||||
6 | breeding purposes. | ||||||
7 | (2) The dog must be between the ages of 18 months and 8 | ||||||
8 | years of age. | ||||||
9 | Section 60. Primary enclosures. | ||||||
10 | (a) Primary enclosures must contain potable water that is | ||||||
11 | not frozen, is free from debris, and is readily accessible to | ||||||
12 | all dogs at all times. | ||||||
13 | Food must be stored in a manner that protects it from | ||||||
14 | spoilage, vermin infestation, and prevents contamination. All | ||||||
15 | dogs must be provided with adequate food at least daily. | ||||||
16 | Food and water receptacles must be cleaned weekly and | ||||||
17 | sanitized so as to comply with this subsection (a). | ||||||
18 | (b) Feces, urine, hair, dirt, debris, and food waste must | ||||||
19 | be removed from the primary enclosure and it must be sanitized | ||||||
20 | at least daily or more often if necessary to prevent an | ||||||
21 | accumulation and to reduce disease hazards, insects, pests, and | ||||||
22 | odors. | ||||||
23 | Dogs must be removed from the primary enclosure when | ||||||
24 | cleaning occurs. | ||||||
25 | (c) The flooring of primary enclosure must meet all of the |
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1 | following criteria: | ||||||
2 | (1) It must be strong enough so that the floor does not | ||||||
3 | sag or bend between structural supports. Floors that are | ||||||
4 | warped or sagging shall be replaced. | ||||||
5 | (2) It must not be able to be destroyed through digging | ||||||
6 | or chewing by the dogs housed in the primary enclosure. | ||||||
7 | (3) It must not permit the feet of any dog housed in | ||||||
8 | the primary enclosure to pass through openings in the | ||||||
9 | floor. | ||||||
10 | (4) It must not be metal strand or wire, whether or not | ||||||
11 | it is coated and must not be sloped more than 0.25 inches | ||||||
12 | per foot. | ||||||
13 | The floors and cage must have no sharp points or edges that | ||||||
14 | could injure the dogs. | ||||||
15 | Flooring constructed with slats must meet all of the | ||||||
16 | following conditions: | ||||||
17 | (i) Slats must be flat. | ||||||
18 | (ii) Slats must have spaces in between that are no more | ||||||
19 | than 0.5 inches in width. | ||||||
20 | (iii) Slats must have spaces between them that run the | ||||||
21 | length or the width of the floor, but not both. | ||||||
22 | (iv) Slats must be no less than 3.5 inches in width. | ||||||
23 | (v) Slats must be level with the slat next to it within | ||||||
24 | a single primary enclosure. | ||||||
25 | (vi) Slats must be constructed of a material that is | ||||||
26 | impervious to moisture and able to be cleaned and sanitized |
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1 | and must not be treated with any substance that would be | ||||||
2 | toxic to dogs that are exposed to it or ingest it. | ||||||
3 | All cages must include a solid surface, which may be | ||||||
4 | removable for cleaning. The solid surface must be large enough | ||||||
5 | for all the dogs in the enclosure to lie down in a full lateral | ||||||
6 | recumbent position. | ||||||
7 | The primary enclosure must be impervious to moisture and | ||||||
8 | must be able to be sanitized. | ||||||
9 | (d) The primary enclosure must provide space to allow each | ||||||
10 | dog to turn about freely, stand, sit, and lie in a comfortable | ||||||
11 | and normal position. The dog must be able to lie down while | ||||||
12 | fully extended without the dog's head, tail, legs, face, or | ||||||
13 | feet touching any side of the enclosure and without touching | ||||||
14 | any other dog in the cage. Licensees must also comply with | ||||||
15 | federal law requiring a specified amount of space as found in 9 | ||||||
16 | C.F.R. 3.6(c)(1) and multiply the calculated dimensions by 2. | ||||||
17 | (e) Any breeding female with nursing puppies must be | ||||||
18 | provided with an additional amount of floor space, based on her | ||||||
19 | breed and behavioral characteristics. In order to comply with | ||||||
20 | this subsection (e), the amount of floor space provided any | ||||||
21 | breeding female with nursing puppies must be in accordance with | ||||||
22 | generally accepted husbandry practices as determined by the | ||||||
23 | Department. | ||||||
24 | (f) All dogs housed in the same primary enclosure must be | ||||||
25 | compatible, as determined by observation, and the licensee must | ||||||
26 | comply with the following requirements: |
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1 | (1) Not more than 3 dogs that are 5 months or older may | ||||||
2 | be housed in the cage, kennel, or run. | ||||||
3 | (2) Dogs with a vicious or aggressive disposition, as | ||||||
4 | defined by the Department, must be housed individually. | ||||||
5 | (3) Breeding females in heat may not be housed in the | ||||||
6 | same primary enclosure with sexually mature males, except | ||||||
7 | for breeding. | ||||||
8 | (4) Breeding females with litters may not be housed in | ||||||
9 | the same primary enclosure with other adult dogs, and | ||||||
10 | puppies under 12 weeks of age may not be housed in the same | ||||||
11 | primary enclosure with adult dogs, other than the dam or | ||||||
12 | foster dam. | ||||||
13 | (g) Primary enclosures must be placed no higher than 30 | ||||||
14 | inches above the floor of the housing facility and may not be | ||||||
15 | placed over or stacked on top of another cage or primary | ||||||
16 | enclosure. | ||||||
17 | (h) Each primary enclosure must have an entry way that | ||||||
18 | allows each dog unfettered clearance to an outdoor run. Each | ||||||
19 | primary enclosure must open onto and be adjacent to an outdoor | ||||||
20 | run area. Each outdoor run must only be accessible from one | ||||||
21 | primary enclosure. Dogs must not be able to access runs that | ||||||
22 | are accessible from other primary enclosures. Each entry way | ||||||
23 | from a primary enclosure to an outdoor run area must be | ||||||
24 | equipped with a wind or rain break which protects the dogs from | ||||||
25 | rain, snow, sun, and wind while in their primary enclosures. | ||||||
26 | Dogs must have unfettered clearance from their primary |
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1 | enclosures to the outdoor run area. The run must: | ||||||
2 | (1) be at least 2 times the size of the primary | ||||||
3 | enclosure as required under subsection (d) of this Section; | ||||||
4 | (2) have adequate means to prevent the dogs from | ||||||
5 | escaping or allowing other creatures to enter the run; | ||||||
6 | (3) be kept in good repair and be free of rust, jagged | ||||||
7 | edges, or other defects that could cause injury to the | ||||||
8 | dogs; | ||||||
9 | (4) be sanitized at least daily or more often if | ||||||
10 | necessary to prevent accumulation of debris and waste and | ||||||
11 | reduce disease hazards, insects, pests, and odors; | ||||||
12 | (5) have ground that is solid and maintainable. | ||||||
13 | Surfaces, such as gravel, packed earth, and grass, may be | ||||||
14 | used; and | ||||||
15 | (6) be on ground level. | ||||||
16 | Section 65. Indoor housing facility. | ||||||
17 | (a) All indoor housing facilities must meet all of the | ||||||
18 | following requirements: | ||||||
19 | (1) Be sufficiently heated and cooled to protect the | ||||||
20 | dogs from temperature or humidity extremes and to provide | ||||||
21 | for their health and well-being. The ambient temperature in | ||||||
22 | the facility must not fall below 50 degrees Fahrenheit or | ||||||
23 | rise above 85 degrees Fahrenheit. | ||||||
24 | (2) Be sufficiently ventilated at all times to minimize | ||||||
25 | odors, drafts, and ammonia levels and to prevent moisture |
| |||||||
| |||||||
1 | condensation. | ||||||
2 | (3) Be equipped with a working smoke alarm and have a | ||||||
3 | means of fire suppression, such as a functioning fire | ||||||
4 | extinguisher or a functioning sprinkler system on the | ||||||
5 | premises. | ||||||
6 | (4) Be an enclosure created by the continuous | ||||||
7 | connection of a roof, floor, and walls. | ||||||
8 | (5) Have at least one door for entry and exit that can | ||||||
9 | be opened and closed (any windows or openings which provide | ||||||
10 | natural light must be covered with a transparent material, | ||||||
11 | such as glass or hard plastic) or in the case of an outdoor | ||||||
12 | run, a wind or rain break must be provided. | ||||||
13 | (6) Have sufficient lighting to allow for observation | ||||||
14 | of the dogs. | ||||||
15 | (b) The area surrounding the indoor housing facility must | ||||||
16 | be kept clean and in good repair to protect the dogs from | ||||||
17 | injury, to facilitate the husbandry practices required in this | ||||||
18 | Act, and to prevent infestation by rodents or other pests. | ||||||
19 | Premises must be kept free of accumulations of trash, junk, | ||||||
20 | waste products, and discarded matter. Weeds, grasses, and | ||||||
21 | bushes must be controlled to facilitate cleaning of the | ||||||
22 | premises, to allow for effective pest control, and to protect | ||||||
23 | the health and well-being of the dogs. | ||||||
24 | Section 70. Animal welfare issues. The Department must | ||||||
25 | refer any situation that appears to violate the Humane Care for |
| |||||||
| |||||||
1 | Animals Act to the appropriate County Animal control and either | ||||||
2 | local law enforcement or the appropriate County States Attorney | ||||||
3 | for further investigation within 24 hours. Nothing in this Act | ||||||
4 | would prevent further investigation and prosecution under the | ||||||
5 | Humane Care for Animals Act or the Animal Welfare Act. | ||||||
6 | Section 75. Euthanasia. All dogs euthanized must be | ||||||
7 | humanely euthanized by a licensed veterinarian. | ||||||
8 | Section 80. Separation of dogs for medical reasons. A dog | ||||||
9 | may not be kept in the same kennel, cage, or run as other dogs | ||||||
10 | if the dog has a chronic cough, chronic diarrhea, or other | ||||||
11 | known communicable illness. Dogs separated because of medical | ||||||
12 | reasons may not use food or water containers used by any other | ||||||
13 | dogs. A licensee must seek veterinary care if chronic cough, | ||||||
14 | chronic diarrhea, or other known communicable illnesses are | ||||||
15 | present. Dogs separated for medical reasons must be kept | ||||||
16 | separate until such time as a veterinarian prescribes. | ||||||
17 | Section 85. Advertising; license number. Any licensee who | ||||||
18 | advertises the availability of any dog for sale, adoption, or | ||||||
19 | transfer, whether for compensation or otherwise must | ||||||
20 | prominently display their license number in any such | ||||||
21 | advertisement. The licensee must provide their license number | ||||||
22 | to any person who purchases, adopts, or receives any dog from | ||||||
23 | the licensee and include the license number on any receipt of |
| |||||||
| |||||||
1 | sale. | ||||||
2 | Section 90. Grounds for discipline. | ||||||
3 | (a) In addition to any other cause set out in this Act, the | ||||||
4 | Department may refuse to issue or renew and may suspend, place | ||||||
5 | on probation, or revoke any license to operate as a dog | ||||||
6 | breeder, or take any other action that the Department may deem | ||||||
7 | proper, including the imposition of fines not to exceed $5,000 | ||||||
8 | for each violation, for any one of the following causes: | ||||||
9 | (1) Material misstatement in the application for | ||||||
10 | original license or in the application for any renewal | ||||||
11 | license under this Act. | ||||||
12 | (2) Violation of this Act or of any rules adopted | ||||||
13 | pursuant to this Act. | ||||||
14 | (3) Aiding or abetting another in the violation of this | ||||||
15 | Act or of any rule adopted pursuant to this Act. | ||||||
16 | (4) Allowing one's license under this Act to be used by | ||||||
17 | an unlicensed person. | ||||||
18 | (5) Conviction of any crime where an essential element | ||||||
19 | of that crime is misstatement, fraud, or dishonesty. | ||||||
20 | (6) Conviction of a felony, if the Department | ||||||
21 | determines after investigation that such person has not | ||||||
22 | been sufficiently rehabilitated to warrant the public | ||||||
23 | trust. | ||||||
24 | (7) Conviction for violating any rule or law of | ||||||
25 | Illinois relating to the sale of dogs, cats, or other |
| |||||||
| |||||||
1 | animals. | ||||||
2 | (8) In connection with the business of a licensee under | ||||||
3 | this Act, making substantial misrepresentations or false | ||||||
4 | promises of a character likely to influence, persuade, or | ||||||
5 | induce a sale. | ||||||
6 | (9) Pursuing a continued course of misrepresentation | ||||||
7 | of or making false promises through advertising, salesman, | ||||||
8 | agents, or otherwise in connection with the business of a | ||||||
9 | licensee under this Act. | ||||||
10 | (10) Failure to possess the necessary qualifications | ||||||
11 | or to meet the requirements of the Dog Breeders License Act | ||||||
12 | for the issuance or holding a license. | ||||||
13 | (11) Proof that the licensee is guilty of gross | ||||||
14 | negligence, incompetency, or cruelty with regard to | ||||||
15 | animals. | ||||||
16 | (b) The Department may refuse to issue or may suspend the | ||||||
17 | license of any person who fails to file a return, to pay the | ||||||
18 | tax, penalty, or interest shown in a filed return, or to pay | ||||||
19 | any final assessment of tax, penalty, or interest as required | ||||||
20 | by any tax Act administered by the Illinois Department of | ||||||
21 | Revenue, until such time as the requirements of any such tax | ||||||
22 | Act are satisfied. | ||||||
23 | Section 95. Compliance upon receiving an order of | ||||||
24 | revocation. | ||||||
25 | (a) When the Department issues an order revoking a license, |
| |||||||
| |||||||
1 | the order must set forth the general factual and legal basis | ||||||
2 | for the action and must advise the affected person that, within | ||||||
3 | 7 days of receipt of the order, the licensee may file with the | ||||||
4 | Secretary a written request for an administrative hearing. The | ||||||
5 | order of revocation shall become a final order of the | ||||||
6 | Department upon expiration of the 7-day period for requesting | ||||||
7 | an administrative hearing, unless a timely request has been | ||||||
8 | filed with the Department. | ||||||
9 | (b) The licensee must dispose of all unaltered dogs within | ||||||
10 | 7 days after receiving an order of revocation. The licensee may | ||||||
11 | only dispose of the dogs to an animal control facility or | ||||||
12 | Illinois licensed shelter or by having a dog humanely | ||||||
13 | euthanized by a licensed veterinarian. Failure to comply | ||||||
14 | results in forfeiture of their unaltered dogs to the Department | ||||||
15 | of Agriculture or a local animal control facility and the | ||||||
16 | issuance of a civil penalty by the Department in an amount not | ||||||
17 | to exceed $5,000 for each offense. | ||||||
18 | (c) A licensee that requests a hearing under this Act | ||||||
19 | within 7 days of receiving an order of revocation does not have | ||||||
20 | to comply with subsection (b) until the hearing on the order of | ||||||
21 | revocation has concluded. However, until the hearing has | ||||||
22 | concluded, the licensee must not sell any dog by any means. | ||||||
23 | Section 100. Investigations; notice and hearing. The | ||||||
24 | Department must, before refusing to issue or renew a license or | ||||||
25 | disciplining a licensee pursuant to Section 90 of this Act, |
| |||||||
| |||||||
1 | notify the applicant or holder of a license in writing, at | ||||||
2 | least 30 days prior to the date set for the hearing, of the | ||||||
3 | nature of the charges and that a hearing will be held on the | ||||||
4 | date designated. The notice must direct the applicant or | ||||||
5 | licensee to file a written answer under oath within 20 days | ||||||
6 | after the service of the notice, and must inform the applicant | ||||||
7 | or licensee that failure to file an answer will result in a | ||||||
8 | default judgment being entered against the applicant or | ||||||
9 | licensee. A default order may result in the license being | ||||||
10 | suspended, revoked, or placed on probationary status, or other | ||||||
11 | disciplinary action may be taken, including limiting the scope, | ||||||
12 | nature, or extent of practice, as the Director may deem proper. | ||||||
13 | Written notice may be served by personal delivery or certified | ||||||
14 | or registered mail to the respondent at the address of his or | ||||||
15 | her last notification to the Department. | ||||||
16 | In case the person fails to file an answer after receiving | ||||||
17 | notice, his or her license or license may, in the discretion of | ||||||
18 | the Department, be suspended, revoked, or placed on | ||||||
19 | probationary status and the Department may take whatever | ||||||
20 | disciplinary action it deems proper, including limiting the | ||||||
21 | scope, nature, or extent of the person's practice or the | ||||||
22 | imposition of a fine, without a hearing, if the act or acts | ||||||
23 | charged constitute sufficient grounds for that action under | ||||||
24 | this Act. At the time and place fixed in the notice, a hearing | ||||||
25 | officer proceeds to hear the charges and the parties or their | ||||||
26 | counsel must be accorded ample opportunity to present |
| |||||||
| |||||||
1 | statements, testimony, evidence, and argument that may be | ||||||
2 | pertinent to the charges or to the licensee's defense. | ||||||
3 | Section 105. Inspection. The Director may at any time | ||||||
4 | inspect the licensee's facility or the facility of a person | ||||||
5 | acting as a dog breeder who is required to be, but is not, | ||||||
6 | licensed. The inspector must have access to all records and | ||||||
7 | files used by the licensee or an unlicensed dog breeder. If the | ||||||
8 | licensee refuses to provide access to any animal, record, or | ||||||
9 | file, then the Department may issue a cease and desist order or | ||||||
10 | revoke their license. Nothing in this Act limits the ability of | ||||||
11 | a Department of Agriculture investigator, an animal control | ||||||
12 | administrator, or a law enforcement official from inspecting | ||||||
13 | the premises to enforce the Humane Care for Animals Act. | ||||||
14 | Section 110. Department may take testimony and oaths. The | ||||||
15 | Department has the power to subpoena and bring before it any | ||||||
16 | person in this State and to take testimony either orally or by | ||||||
17 | deposition, or both, with the same fees and mileage and in the | ||||||
18 | same manner as prescribed by law in judicial procedure in civil | ||||||
19 | cases in courts of this State. | ||||||
20 | The hearing officer has the power to administer oaths to | ||||||
21 | witnesses at any hearing which the Department is authorized by | ||||||
22 | law to conduct, and any other oaths required or authorized in | ||||||
23 | any Act administered by the Department. |
| |||||||
| |||||||
1 | Section 115. Appointment of a hearing officer. The | ||||||
2 | Director has the authority to appoint any attorney duly | ||||||
3 | licensed to practice law in this State to serve as the hearing | ||||||
4 | officer in any action for refusal to issue or renew a license | ||||||
5 | or permit or for the discipline of a licensee. The hearing | ||||||
6 | officer has full authority to conduct the hearing and must | ||||||
7 | report his or her findings and recommendations to the Director. | ||||||
8 | Section 120. Findings and recommendations. At the | ||||||
9 | conclusion of the hearing, the hearing officer presents to the | ||||||
10 | Director a written report of his or her findings and | ||||||
11 | recommendations. The report must contain a finding of whether | ||||||
12 | or not the accused person violated this Act or failed to comply | ||||||
13 | with the conditions required under this Act. The hearing | ||||||
14 | officer must specify the nature of the violation or failure to | ||||||
15 | comply and must make his or her recommendations to the | ||||||
16 | Director. | ||||||
17 | The report of findings and recommendations of the hearing | ||||||
18 | officer must be the basis for the Department's order or refusal | ||||||
19 | or for the granting of a license unless the Director determines | ||||||
20 | that the hearing officer's report is contrary to the manifest | ||||||
21 | weight of the evidence, then the Director may issue an order in | ||||||
22 | contravention of the hearing officer's report. The findings in | ||||||
23 | the hearing officer's report are not admissible in evidence | ||||||
24 | against the person in a criminal prosecution brought for the | ||||||
25 | violation of this Act, but the hearing and finding are not a |
| |||||||
| |||||||
1 | bar a criminal prosecution brought for the violation of this | ||||||
2 | Act. | ||||||
3 | Section 125. Administrative review; venue. | ||||||
4 | (a) All final administrative decisions of the Department | ||||||
5 | are subject to judicial review pursuant to the Administrative | ||||||
6 | Review Law and its rules. The term "administrative decision" is | ||||||
7 | defined as in Section 3-101 of the Code of Civil Procedure. | ||||||
8 | (b) Proceedings for judicial review must commence in the | ||||||
9 | circuit court of the county in which the party applying for | ||||||
10 | relief resides; but if the party is not a resident of this | ||||||
11 | State, the venue must be in Sangamon County. | ||||||
12 | (c) The Department is not required to certify any record to | ||||||
13 | the court or file any answer in court or otherwise appear in | ||||||
14 | any court in a judicial review proceeding, unless there is | ||||||
15 | filed in the court, with the complaint, a receipt from the | ||||||
16 | Department acknowledging payment of the costs of furnishing and | ||||||
17 | certifying the record. Failure on the part of the plaintiff to | ||||||
18 | file a receipt in court is be grounds for dismissal of the | ||||||
19 | action. | ||||||
20 | Section 130. Violations; injunction; cease and desist | ||||||
21 | order. | ||||||
22 | (a) If any person violates a provision of this Act, the | ||||||
23 | Director may, in the name of the People of the State of | ||||||
24 | Illinois, through the Attorney General of the State of Illinois |
| |||||||
| |||||||
1 | or the State's Attorney in the county in which the offense | ||||||
2 | occurs, petition for an order enjoining the violation or for an | ||||||
3 | order enforcing compliance with this Act. Upon the filing of a | ||||||
4 | verified petition in court, the court may issue a temporary | ||||||
5 | restraining order, without notice or bond, and may | ||||||
6 | preliminarily and permanently enjoin the violation. If the | ||||||
7 | court finds that the person has violated or is violating the | ||||||
8 | injunction, the court may punish the offender for contempt of | ||||||
9 | court. Proceedings under this Section are in addition to, and | ||||||
10 | not instead of, all other remedies and penalties provided by | ||||||
11 | this Act. | ||||||
12 | (b) Whenever, in the opinion of the Department, a person | ||||||
13 | violates any provision of this Act, the Department may issue a | ||||||
14 | rule to show cause why an order to cease and desist should not | ||||||
15 | be entered against him or her. The rule must clearly set forth | ||||||
16 | the grounds relied upon by the Department and must provide the | ||||||
17 | person a period of 7 days from the date of the rule to file an | ||||||
18 | answer to the satisfaction of the Department. If the answer | ||||||
19 | fails to satisfy the Department, the Department may immediately | ||||||
20 | issue an order to cease and desist. | ||||||
21 | Section 135. Unlicensed practice; violation; civil | ||||||
22 | penalty. | ||||||
23 | (a) Any person not licensed under this Act must, in | ||||||
24 | addition to any other penalty provided by law, pay a civil | ||||||
25 | penalty to the Department in an amount not to exceed $5,000 for |
| |||||||
| |||||||
1 | each offense as determined by the Department. The Department | ||||||
2 | assesses the civil penalty after holding a hearing in | ||||||
3 | accordance with the provisions set forth in Section 100 of this | ||||||
4 | Act.
The Department has the authority and power to investigate | ||||||
5 | any unlicensed activity.
| ||||||
6 | (b) The civil penalty must be paid within 60 days after the | ||||||
7 | effective date of the order imposing the civil penalty. The | ||||||
8 | order constitutes a judgment and may be filed and executed in | ||||||
9 | the same manner as any judgment from any court of record. | ||||||
10 | (c) The Department may also issue a cease and desist order | ||||||
11 | to any person doing business without the required license. | ||||||
12 | The order must set forth the general factual and legal | ||||||
13 | basis for the action and must advise the affected person that | ||||||
14 | within 7 days of receipt of the order, he or she may file with | ||||||
15 | the secretary a written request for an administrative hearing. | ||||||
16 | The order to cease and desist becomes a final order of the | ||||||
17 | Department upon expiration of the 7 day period for requesting | ||||||
18 | an administrative hearing, unless a timely request is filed | ||||||
19 | with the Department. | ||||||
20 | An unlicensed dog breeder who receives a cease and desist | ||||||
21 | order must dispose of all unaltered dogs within 7 days of | ||||||
22 | having his or her license revoked. The unlicensed dog breeder | ||||||
23 | may only dispose of the dogs to an animal control facility or | ||||||
24 | Illinois licensed shelter or by having a dog humanely | ||||||
25 | euthanized by a licensed veterinarian. Failure to comply | ||||||
26 | results in forfeiture of his or her unaltered dogs to the |
| |||||||
| |||||||
1 | Illinois Department of Agriculture or local animal control | ||||||
2 | facility and the issuance of a civil penalty by the Department | ||||||
3 | in an amount not to exceed $5,000 for each offense. | ||||||
4 | An unlicensed dog breeder that requests a hearing and | ||||||
5 | applies for a license under this Act within 7 days of receiving | ||||||
6 | the cease and desist order does not have to dispose of | ||||||
7 | unaltered dogs in accordance with this subsection (c). However, | ||||||
8 | until a license is granted, the unlicensed dog breeder may not | ||||||
9 | breed any dog or sell any dog by any means. | ||||||
10 | Section 140. Criminal penalties and seizures. Nothing in | ||||||
11 | this Act prevents individuals or licensees from being charged | ||||||
12 | with a violation of the Humane Care for Animals Act or the | ||||||
13 | Animal Welfare Act or from having their animals seized for | ||||||
14 | violations of the Humane Care for Animals Act or the Animal | ||||||
15 | Welfare Act. The Department may refer any matter for criminal | ||||||
16 | investigation and prosecution to the appropriate County States | ||||||
17 | Attorney and local law enforcement. | ||||||
18 | Section 145. Surrender of license. Upon the voluntary | ||||||
19 | surrender of a license, revocation, or suspension of any | ||||||
20 | license, the licensee relinquishes his or her license to the | ||||||
21 | Department. If the licensee does not relinquish the license to | ||||||
22 | the Department, the Department may seize the license. Upon | ||||||
23 | surrender of the license, the Department must contact the | ||||||
24 | appropriate County Animal Control and appropriate County |
| |||||||
| |||||||
1 | States Attorney. The fees assessed under this Act may be set by | ||||||
2 | rule. | ||||||
3 | Section 150. Deposit of fees and fines; appropriations. All | ||||||
4 | fees and fines collected under this Act must be deposited into | ||||||
5 | the General Professions Dedicated Fund and must be used by the | ||||||
6 | Department of Financial and Professional Regulation, as | ||||||
7 | appropriated, for the ordinary and contingent expenses of the | ||||||
8 | Department in the administration of this Act. | ||||||
9 | Section 155. Administrative Procedure Act. The Illinois | ||||||
10 | Administrative Procedure Act is hereby expressly adopted and | ||||||
11 | incorporated in this Act as if all the provisions of the | ||||||
12 | Illinois Administrative Procedure Act were included in this | ||||||
13 | Act, except for the provision of subsection (d) of Section | ||||||
14 | 10-65 of the Illinois Administrative Procedure Act that gives | ||||||
15 | the licensee at hearings the right to show compliance with all | ||||||
16 | lawful requirements for retention, continuation, or renewal of | ||||||
17 | the license. For the purposes of this Act, the notice | ||||||
18 | requirement under Section 10-25 of the Administrative | ||||||
19 | Procedure Act is met when notice is mailed to the party's last | ||||||
20 | known address. | ||||||
21 | Section 160. Severability. If any provision of this Act or | ||||||
22 | the application of any provision of this Act to any person or | ||||||
23 | circumstance is held invalid, the invalidity does not affect |
| |||||||
| |||||||
1 | other provisions or applications of this Act that can be given | ||||||
2 | effect without the invalid provision or application, and for | ||||||
3 | this purpose the provisions of this Act are severable. | ||||||
4 | Section 900. The Regulatory Sunset Act is amended by adding | ||||||
5 | Section 4.30 as follows: | ||||||
6 | (5 ILCS 80/4.30 new) | ||||||
7 | Sec. 4.30. Act repealed on January 1, 2020. The following | ||||||
8 | Act is repealed on January 1, 2020: | ||||||
9 | The Dog Breeder License Act.
| ||||||
10 | Section 905. The Animal Welfare Act is amended by changing | ||||||
11 | Sections 2, 2.2, 3, and 3.1 and by adding Section 3.15 as | ||||||
12 | follows:
| ||||||
13 | (225 ILCS 605/2) (from Ch. 8, par. 302)
| ||||||
14 | (Text of Section before amendment by P.A. 95-550 )
| ||||||
15 | Sec. 2. Definitions. As used in this Act unless the context | ||||||
16 | otherwise
requires:
| ||||||
17 | "Department" means the Illinois Department of Agriculture.
| ||||||
18 | "Director" means the Director of the Illinois Department of | ||||||
19 | Agriculture.
| ||||||
20 | "Pet shop operator" means any person who sells, offers to | ||||||
21 | sell,
exchange, or offers for adoption with or without charge | ||||||
22 | or donation dogs,
cats, birds, fish, reptiles, or other animals |
| |||||||
| |||||||
1 | customarily obtained as pets
in this State. However, a person | ||||||
2 | who sells only such animals that he has
produced and raised | ||||||
3 | shall not be considered a pet shop operator under this
Act, and | ||||||
4 | a veterinary hospital or clinic operated by a veterinarian or
| ||||||
5 | veterinarians licensed under the Veterinary Medicine and | ||||||
6 | Surgery Practice
Act of 2004 shall not be considered a pet shop | ||||||
7 | operator under this
Act. "Pet shop operator" does not include a | ||||||
8 | licensed shelter or an animal control facility that is licensed | ||||||
9 | under this Act or the Animal Control Act.
| ||||||
10 | "Dog breeder dealer " means any person who is, or should be | ||||||
11 | licensed under the Dog Breeder License Act. who sells, offers | ||||||
12 | to sell, exchange, or
offers for adoption with or without | ||||||
13 | charge or donation dogs in this State.
However, a person who | ||||||
14 | sells only dogs that he has produced and raised shall
not be | ||||||
15 | considered a dog dealer under this Act, and a veterinary | ||||||
16 | hospital or
clinic operated by a veterinarian or veterinarians | ||||||
17 | licensed under the
Veterinary Medicine and Surgery Practice Act | ||||||
18 | of 2004
shall not be considered a dog dealer under this Act.
| ||||||
19 | "Secretary of Agriculture" or "Secretary" means the | ||||||
20 | Secretary of
Agriculture of the United States Department of | ||||||
21 | Agriculture.
| ||||||
22 | "Person" means any person, firm, corporation, partnership, | ||||||
23 | association
or other legal entity, any public or private | ||||||
24 | institution, the State of
Illinois, or any municipal | ||||||
25 | corporation or political subdivision of the
State.
| ||||||
26 | "Kennel operator" means any person who operates an |
| |||||||
| |||||||
1 | establishment, other
than an animal control facility, | ||||||
2 | veterinary hospital, or animal
shelter, where dogs or dogs and | ||||||
3 | cats are maintained
for boarding, training or similar purposes | ||||||
4 | for a fee or compensation . ; or
who sells, offers to sell, | ||||||
5 | exchange, or offers for adoption with or without
charge dogs or | ||||||
6 | dogs and cats which he has produced and raised. A person who
| ||||||
7 | owns, has possession of, or harbors 5 or less
females capable | ||||||
8 | of reproduction shall not be considered a kennel
operator.
| ||||||
9 | "Cattery operator" means any person who operates an | ||||||
10 | establishment, other
than an animal control facility or animal
| ||||||
11 | shelter, where cats are maintained for boarding,
training or | ||||||
12 | similar purposes for a fee or compensation; or who sells,
| ||||||
13 | offers to sell, exchange, or offers for adoption with or | ||||||
14 | without charges
cats which he has produced and raised. A person | ||||||
15 | who owns, has possession
of, or harbors 5 or
less females | ||||||
16 | capable of reproduction shall not be considered a
cattery | ||||||
17 | operator.
| ||||||
18 | "Animal control facility" means any facility operated by or
| ||||||
19 | under contract for the State,
county, or any municipal | ||||||
20 | corporation or political subdivision of the State
for the | ||||||
21 | purpose of impounding or harboring seized, stray, homeless,
| ||||||
22 | abandoned or unwanted dogs, cats, and other animals. "Animal | ||||||
23 | control
facility" also means any
veterinary hospital or clinic | ||||||
24 | operated by a veterinarian or veterinarians
licensed under the | ||||||
25 | Veterinary Medicine and Surgery Practice Act of 2004 which
| ||||||
26 | operates for the above mentioned purpose in addition to its |
| |||||||
| |||||||
1 | customary purposes.
| ||||||
2 | "Animal shelter" means a facility operated, owned, or | ||||||
3 | maintained by a duly
incorporated humane society, animal | ||||||
4 | welfare society, or other non-profit
organization for the | ||||||
5 | purpose of providing for and promoting the welfare,
protection, | ||||||
6 | and humane treatment of animals. "Animal shelter" also means | ||||||
7 | any
veterinary hospital or clinic operated by a veterinarian or | ||||||
8 | veterinarians
licensed under the Veterinary Medicine and | ||||||
9 | Surgery Practice Act of 2004 which
operates for the above | ||||||
10 | mentioned purpose in addition to its customary purposes.
| ||||||
11 | "Foster home" means an entity that accepts the | ||||||
12 | responsibility for
stewardship of animals that are the | ||||||
13 | obligation of an animal shelter, not to
exceed 4 animals at any | ||||||
14 | given time. Permits to operate as a "foster home"
shall be | ||||||
15 | issued through the animal shelter.
| ||||||
16 | "Guard dog service" means an entity that, for a fee, | ||||||
17 | furnishes or leases
guard or sentry dogs for the protection of | ||||||
18 | life or property. A person
is not a guard dog service solely | ||||||
19 | because he or she owns a dog and uses it to
guard his or her | ||||||
20 | home, business, or farmland.
| ||||||
21 | "Guard dog" means a type of dog used primarily for the | ||||||
22 | purpose of defending,
patrolling, or protecting property or | ||||||
23 | life at a commercial establishment
other than a farm. "Guard | ||||||
24 | dog" does not include stock dogs used primarily for
handling | ||||||
25 | and controlling livestock or farm animals, nor does it include
| ||||||
26 | personally owned pets that also provide security.
|
| |||||||
| |||||||
1 | "Sentry dog" means a dog trained to work without | ||||||
2 | supervision in a fenced
facility other than a farm, and to | ||||||
3 | deter or detain unauthorized persons found
within the facility.
| ||||||
4 | (Source: P.A. 93-281, eff. 12-31-03.)
| ||||||
5 | (Text of Section after amendment by P.A. 95-550 )
| ||||||
6 | Sec. 2. Definitions. As used in this Act unless the context | ||||||
7 | otherwise
requires:
| ||||||
8 | "Department" means the Illinois Department of Agriculture.
| ||||||
9 | "Director" means the Director of the Illinois Department of | ||||||
10 | Agriculture.
| ||||||
11 | "Pet shop operator" means any person who sells, offers to | ||||||
12 | sell,
exchange, or offers for adoption with or without charge | ||||||
13 | or donation dogs,
cats, birds, fish, reptiles, or other animals | ||||||
14 | customarily obtained as pets
in this State. However, a person | ||||||
15 | who sells only such animals that he has
produced and raised | ||||||
16 | shall not be considered a pet shop operator under this
Act, and | ||||||
17 | a veterinary hospital or clinic operated by a veterinarian or
| ||||||
18 | veterinarians licensed under the Veterinary Medicine and | ||||||
19 | Surgery Practice
Act of 2004 shall not be considered a pet shop | ||||||
20 | operator under this
Act. "Pet shop operator" does not include a | ||||||
21 | licensed shelter or an animal control facility that is licensed | ||||||
22 | under this Act or the Animal Control Act.
| ||||||
23 | "Dog breeder dealer " means any person who is, or should be | ||||||
24 | licensed under the Dog Breeder License Act. who sells, offers | ||||||
25 | to sell, exchange, or
offers for adoption with or without |
| |||||||
| |||||||
1 | charge or donation dogs in this State.
However, a person who | ||||||
2 | sells only dogs that he has produced and raised shall
not be | ||||||
3 | considered a dog dealer under this Act, and a veterinary | ||||||
4 | hospital or
clinic operated by a veterinarian or veterinarians | ||||||
5 | licensed under the
Veterinary Medicine and Surgery Practice Act | ||||||
6 | of 2004
shall not be considered a dog dealer under this Act.
| ||||||
7 | "Secretary of Agriculture" or "Secretary" means the | ||||||
8 | Secretary of
Agriculture of the United States Department of | ||||||
9 | Agriculture.
| ||||||
10 | "Person" means any person, firm, corporation, partnership, | ||||||
11 | association
or other legal entity, any public or private | ||||||
12 | institution, the State of
Illinois, or any municipal | ||||||
13 | corporation or political subdivision of the
State.
| ||||||
14 | "Kennel operator" means any person who operates an | ||||||
15 | establishment, other
than an animal control facility, | ||||||
16 | veterinary hospital, or animal
shelter, where dogs or dogs and | ||||||
17 | cats are maintained
for boarding, training or similar purposes | ||||||
18 | for a fee or compensation . ; or
who sells, offers to sell, | ||||||
19 | exchange, or offers for adoption with or without
charge dogs or | ||||||
20 | dogs and cats which he has produced and raised. A person who
| ||||||
21 | owns, has possession of, or harbors 5 or less
females capable | ||||||
22 | of reproduction shall not be considered a kennel
operator.
| ||||||
23 | "Cattery operator" means any person who operates an | ||||||
24 | establishment, other
than an animal control facility or animal
| ||||||
25 | shelter, where cats are maintained for boarding,
training or | ||||||
26 | similar purposes for a fee or compensation; or who sells,
|
| |||||||
| |||||||
1 | offers to sell, exchange, or offers for adoption with or | ||||||
2 | without charges
cats which he has produced and raised. A person | ||||||
3 | who owns, has possession
of, or harbors 5 or
less females | ||||||
4 | capable of reproduction shall not be considered a
cattery | ||||||
5 | operator.
| ||||||
6 | "Animal control facility" means any facility operated by or
| ||||||
7 | under contract for the State,
county, or any municipal | ||||||
8 | corporation or political subdivision of the State
for the | ||||||
9 | purpose of impounding or harboring seized, stray, homeless,
| ||||||
10 | abandoned or unwanted dogs, cats, and other animals. "Animal | ||||||
11 | control
facility" also means any
veterinary hospital or clinic | ||||||
12 | operated by a veterinarian or veterinarians
licensed under the | ||||||
13 | Veterinary Medicine and Surgery Practice Act of 2004 which
| ||||||
14 | operates for the above mentioned purpose in addition to its | ||||||
15 | customary purposes.
| ||||||
16 | "Animal shelter" means a facility operated, owned, or | ||||||
17 | maintained by a duly
incorporated humane society, animal | ||||||
18 | welfare society, or other non-profit
organization for the | ||||||
19 | purpose of providing for and promoting the welfare,
protection, | ||||||
20 | and humane treatment of animals. "Animal shelter" also means | ||||||
21 | any
veterinary hospital or clinic operated by a veterinarian or | ||||||
22 | veterinarians
licensed under the Veterinary Medicine and | ||||||
23 | Surgery Practice Act of 2004 which
operates for the above | ||||||
24 | mentioned purpose in addition to its customary purposes.
| ||||||
25 | "Foster home" means an entity that accepts the | ||||||
26 | responsibility for
stewardship of animals that are the |
| |||||||
| |||||||
1 | obligation of an animal shelter, not to
exceed 4 animals at any | ||||||
2 | given time. Permits to operate as a "foster home"
shall be | ||||||
3 | issued through the animal shelter.
| ||||||
4 | "Guard dog service" means an entity that, for a fee, | ||||||
5 | furnishes or leases
guard or sentry dogs for the protection of | ||||||
6 | life or property. A person
is not a guard dog service solely | ||||||
7 | because he or she owns a dog and uses it to
guard his or her | ||||||
8 | home, business, or farmland.
| ||||||
9 | "Guard dog" means a type of dog used primarily for the | ||||||
10 | purpose of defending,
patrolling, or protecting property or | ||||||
11 | life at a commercial establishment
other than a farm. "Guard | ||||||
12 | dog" does not include stock dogs used primarily for
handling | ||||||
13 | and controlling livestock or farm animals, nor does it include
| ||||||
14 | personally owned pets that also provide security.
| ||||||
15 | "Sentry dog" means a dog trained to work without | ||||||
16 | supervision in a fenced
facility other than a farm, and to | ||||||
17 | deter or detain unauthorized persons found
within the facility.
| ||||||
18 | "Probationary status" means the 12-month period following | ||||||
19 | a series of violations of this Act during which any further | ||||||
20 | violation shall result in an automatic 12-month suspension of | ||||||
21 | licensure.
| ||||||
22 | (Source: P.A. 95-550, eff. 6-1-08.)
| ||||||
23 | (225 ILCS 605/2.2) (from Ch. 8, par. 302.2)
| ||||||
24 | Sec. 2.2.
No dog breeder dealer , kennel operator, or | ||||||
25 | cattery operator shall
separate a puppy or kitten from its |
| |||||||
| |||||||
1 | mother, for the
purpose of sale, until such puppy or kitten has | ||||||
2 | attained the age of 8
weeks.
| ||||||
3 | All licensees under this Act shall maintain records of
the | ||||||
4 | origin and sale of all dogs, and such records shall be made | ||||||
5 | available for
inspection by the Secretary or the Department | ||||||
6 | upon demand. Such records
must contain proof in proper form of | ||||||
7 | purebreds and their pedigree, and evidence
of such proof must | ||||||
8 | be provided to any person acquiring a dog from a licensee
under | ||||||
9 | this Act. In addition, guard dog services shall be
required to | ||||||
10 | maintain records of transfer of ownership, death, or | ||||||
11 | disappearance
of a guard dog or sentry dog used by that guard | ||||||
12 | dog service.
| ||||||
13 | (Source: P.A. 89-178, eff. 7-19-95.)
| ||||||
14 | (225 ILCS 605/3) (from Ch. 8, par. 303)
| ||||||
15 | Sec. 3. (a) Except as provided in subsection (b) of this | ||||||
16 | Section, no person shall engage in business as a pet shop | ||||||
17 | operator, dog
breeder dealer , kennel operator, cattery | ||||||
18 | operator,
or operate a guard dog service, an animal control
| ||||||
19 | facility or animal shelter or
any combination thereof, in this | ||||||
20 | State without a license therefor issued by
the Department. Only | ||||||
21 | one license shall be required for any combination of
businesses | ||||||
22 | at one location, except that a separate license shall be | ||||||
23 | required
to operate a guard dog service. Guard dog services | ||||||
24 | that are located outside
this State but provide services within | ||||||
25 | this State are required to obtain a
license from the |
| |||||||
| |||||||
1 | Department. Out-of-state guard dog services are required to
| ||||||
2 | comply with the requirements of this Act with regard to guard | ||||||
3 | dogs and sentry
dogs transported to or used within this State.
| ||||||
4 | (b) This Act does not apply to a private detective agency | ||||||
5 | or private security agency licensed under the Private | ||||||
6 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
7 | Vendor, and
Locksmith Act of 2004 that provides guard dog or | ||||||
8 | canine odor detection services and does not otherwise operate a | ||||||
9 | kennel for hire.
| ||||||
10 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
11 | (225 ILCS 605/3.1) (from Ch. 8, par. 303.1)
| ||||||
12 | Sec. 3.1. Information on dogs for sale. Information on dogs | ||||||
13 | and cats for sale. Every pet shop operator must post in a | ||||||
14 | conspicuous place in writing on or near the cage of every dog | ||||||
15 | available for sale the information set forth below. For pet | ||||||
16 | shop operators making dogs available for sale over the | ||||||
17 | internet, the disclosure must be posted in conjunction with the | ||||||
18 | information about the individual dog for sale. The disclosure | ||||||
19 | must be signed by both the pet shop and the consumer and must | ||||||
20 | be maintained by the pet shop operator for a period of 2 years | ||||||
21 | from the date of sale. The disclosure must include: Every pet | ||||||
22 | shop
operator, dog dealer, and cattery operator shall provide | ||||||
23 | the following
information for every dog or cat available for | ||||||
24 | sale:
| ||||||
25 | (a) The breed, age, date of birth, sex, and color of |
| |||||||
| |||||||
1 | the dog. The age, sex, and weight of the animal.
| ||||||
2 | (b) The dates of any inoculations and medical | ||||||
3 | treatments administered to the dog at any time prior to the | ||||||
4 | sale, including the name and address of the individual who | ||||||
5 | performed the examination and administered any treatments | ||||||
6 | or medications. The breed of the animal.
| ||||||
7 | (c) The name of the breeder and the facility where the | ||||||
8 | dog was bred, including the address and phone number. If | ||||||
9 | the breeder is located in Illinois, the breeder's license | ||||||
10 | number must be included. If the breeder holds a license | ||||||
11 | issued by the United States Department of Agriculture, the | ||||||
12 | breeder's federal identification number must be provided. | ||||||
13 | A record of vaccinations and veterinary care and treatment.
| ||||||
14 | (d) The name and address of any other person who owned | ||||||
15 | or harbored the dog between its birth and the point of | ||||||
16 | sale. A record of surgical sterilization or lack of | ||||||
17 | surgical sterilization.
| ||||||
18 | (e) The retail price of the dog, including any | ||||||
19 | additional fees or charges. If financing is being offered | ||||||
20 | for the purchase of the dog, the disclosure must also | ||||||
21 | include the following information: name of the company | ||||||
22 | financing the sale, annual percentage rate, monthly | ||||||
23 | payment amount, term of the loan, total finance charge, and | ||||||
24 | total amount paid at the end of the loan. The name and | ||||||
25 | address of the breeder of the animal.
| ||||||
26 | (f) Any known congenital or hereditary diseases of the |
| |||||||
| |||||||
1 | parents of the dog The name and address of any other person | ||||||
2 | who owned or harbored the
animal between its birth and the | ||||||
3 | point of sale .
| ||||||
4 | (g) Any known illness or medical condition of the dog | ||||||
5 | at the time of sale. | ||||||
6 | (h) If the dog is being sold as being capable of | ||||||
7 | registration with a pedigree registry organization, the | ||||||
8 | name and registration numbers of the mother and father, and | ||||||
9 | the name and address of the pedigree registry organization | ||||||
10 | where the mother and father are registered. | ||||||
11 | (i) If the dog was returned by a retail customer, the | ||||||
12 | date and reason for the return. | ||||||
13 | (j) Include the following statement and circle the | ||||||
14 | corresponding answer: "The facility in which the dog was | ||||||
15 | born has produced: (1) 1-2 litters in the past calendar | ||||||
16 | year, (2) 3-10 litters in the past calendar year, (3) 11-39 | ||||||
17 | litters in the past calendar year, or (4) more than 40 | ||||||
18 | litters in the past calendar year.". | ||||||
19 | (k) The pet shop's policy regarding any guarantees, | ||||||
20 | warranties, refunds, and returns. | ||||||
21 | (l) The signature and printed name of an owner or | ||||||
22 | manager of the pet shop operator and the date beneath the | ||||||
23 | following statement: "I hereby attest that all of the above | ||||||
24 | information is true and correct to the best of my | ||||||
25 | knowledge, and I have made a diligent effort to obtain this | ||||||
26 | information.". |
| |||||||
| |||||||
1 | (m) Blank space for the customer to sign and print | ||||||
2 | their name and print the date beneath the following | ||||||
3 | statement: "I hereby attest that this disclosure was posted | ||||||
4 | with the dog for sale and that I have read all the | ||||||
5 | disclosures. I further understand that I am entitled to | ||||||
6 | keep a signed copy of this disclosure.". | ||||||
7 | Before the sale is completed, the pet shop operator must | ||||||
8 | have the consumer sign and date the disclosure as described in | ||||||
9 | subsection (m) of this Section. | ||||||
10 | Every pet shop operator must make copies and provide a copy | ||||||
11 | of the "Buying a New Dog" pamphlet created by the Department of | ||||||
12 | Agriculture under subsection (c) of Section 50 of the Dog | ||||||
13 | Breeder License Act to each purchaser. The purchaser must | ||||||
14 | initial that they have read the pamphlet prior to the | ||||||
15 | completion of the sale. A copy of the signed pamphlet must be | ||||||
16 | maintained by the pet shop operator and a copy must be given to | ||||||
17 | the consumer. | ||||||
18 | A pet shop operator who intentionally makes false or | ||||||
19 | misleading statements in connection with the disclosures | ||||||
20 | required under this Section has committed a violation of the | ||||||
21 | Consumer Fraud and Deceptive Business Practices Act. | ||||||
22 | (Source: P.A. 87-819.)
| ||||||
23 | (225 ILCS 605/3.15 new)
| ||||||
24 | Sec. 3.15. Requirements for the care of dogs maintained by | ||||||
25 | a pet shop operator. |
| |||||||
| |||||||
1 | (a) Pet shop operators may only acquire dogs from breeders | ||||||
2 | that are licensed by the Dog Breeder License Act or are | ||||||
3 | licensed as a breeder by the United States Department of | ||||||
4 | Agriculture as defined by 7 U.S.C. 2131 at the time the dog is | ||||||
5 | bred and at the time of sale. | ||||||
6 | (b) All primary enclosures including any kennel, cage or | ||||||
7 | run must meet the requirements set by Section 60 of the Dog | ||||||
8 | Breeder License Act.
| ||||||
9 | Section 910. The Consumer Fraud and Deceptive Business | ||||||
10 | Practices Act is amended by changing Section 2Z as follows:
| ||||||
11 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| ||||||
12 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
13 | violates
the Automotive Repair Act, the Automotive Collision | ||||||
14 | Repair Act,
the Home Repair and Remodeling Act,
the Dance | ||||||
15 | Studio Act,
the Physical Fitness Services Act,
the Hearing | ||||||
16 | Instrument Consumer Protection Act,
the Illinois Union Label | ||||||
17 | Act,
the Job Referral and Job Listing Services Consumer | ||||||
18 | Protection Act,
the Travel Promotion Consumer Protection Act,
| ||||||
19 | the Credit Services Organizations Act,
the Automatic Telephone | ||||||
20 | Dialers Act,
the Pay-Per-Call Services Consumer Protection | ||||||
21 | Act,
the Telephone Solicitations Act,
the Illinois Funeral or | ||||||
22 | Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic | ||||||
23 | Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home | ||||||
24 | Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud |
| |||||||
| |||||||
1 | Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | ||||||
2 | Act, the Payday Loan Reform Act, subsection
(a) or (b) of | ||||||
3 | Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail | ||||||
4 | Act, the Internet Caller Identification Act, paragraph (6)
of
| ||||||
5 | subsection (k) of Section 6-305 of the Illinois Vehicle Code, | ||||||
6 | Section 18d-115, 18d-120, 18d-125, 18d-135, or 18d-150 of the | ||||||
7 | Illinois Vehicle Code, Article 3 of the Residential Real | ||||||
8 | Property Disclosure Act, the Automatic Contract Renewal Act, or | ||||||
9 | the Personal Information Protection Act , Section 50 of the Dog | ||||||
10 | Breeder License Act, or Section 3.1 of the Animal Welfare Act | ||||||
11 | commits an unlawful practice within the meaning of this Act.
| ||||||
12 | (Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, | ||||||
13 | eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, | ||||||
14 | eff. 1-1-08; 95-562, eff. 7-1-08; 95-876, eff. 8-21-08.) | ||||||
15 | Section 915. No acceleration or delay. Where this Act makes | ||||||
16 | changes in a statute that is represented in this Act by text | ||||||
17 | that is not yet or no longer in effect (for example, a Section | ||||||
18 | represented by multiple versions), the use of that text does | ||||||
19 | not accelerate or delay the taking effect of (i) the changes | ||||||
20 | made by this Act or (ii) provisions derived from any other | ||||||
21 | Public Act. | ||||||
22 | Section 999. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
|