101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5448

 

Introduced , by Rep. Anne Stava-Murray

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 605/2  from Ch. 8, par. 302
225 ILCS 605/3.20 new
225 ILCS 605/3.25 new

    Amends the Animal Welfare Act. Provides that high volume breeders shall comply with specified requirements for each dog that is kept, housed, and maintained by the breeder, including enclosure size and standards, food and water standards, medical care standards, and exercise and enrichment standards. Requires the Department of Agriculture to adopt rules that require high volume breeders to keep and maintain a record of veterinary care for each dog kept, housed, and maintained by the high volume breeder. Requires a dog broker or pet shop operator that seeks to purchase a dog from a high volume breeder, or an out-of-state dog breeder that would be a high volume breeder if located in this State, to request the breeder to sign a specified document stating that the breeder is in compliance with the standards applicable to high volume breeders. Defines terms. Makes other changes.


LRB101 20756 SPS 70443 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5448LRB101 20756 SPS 70443 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Animal Welfare Act is amended by changing
5Section 2 and by adding Sections 3.20 and 3.25 as follows:
 
6    (225 ILCS 605/2)  (from Ch. 8, par. 302)
7    Sec. 2. Definitions. As used in this Act unless the context
8otherwise requires:
9    "Department" means the Illinois Department of Agriculture.
10    "Director" means the Director of the Illinois Department of
11Agriculture.
12    "Pet shop operator" means any person who sells, offers to
13sell, exchange, or offers for adoption with or without charge
14or donation dogs, cats, birds, fish, reptiles, or other animals
15customarily obtained as pets in this State. However, a person
16who sells only such animals that he has produced and raised
17shall not be considered a pet shop operator under this Act, and
18a veterinary hospital or clinic operated by a veterinarian or
19veterinarians licensed under the Veterinary Medicine and
20Surgery Practice Act of 2004 shall not be considered a pet shop
21operator under this Act.
22    "Dog dealer" means any person who sells, offers to sell,
23exchange, or offers for adoption with or without charge or

 

 

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1donation dogs in this State. However, a person who sells only
2dogs that he has produced and raised shall not be considered a
3dog dealer under this Act, and a veterinary hospital or clinic
4operated by a veterinarian or veterinarians licensed under the
5Veterinary Medicine and Surgery Practice Act of 2004 shall not
6be considered a dog dealer under this Act.
7    "Secretary of Agriculture" or "Secretary" means the
8Secretary of Agriculture of the United States Department of
9Agriculture.
10    "Person" means any person, firm, corporation, partnership,
11association or other legal entity, any public or private
12institution, the State of Illinois, or any municipal
13corporation or political subdivision of the State.
14    "Kennel operator" means any person who operates an
15establishment, other than an animal control facility,
16veterinary hospital, or animal shelter, where dogs or dogs and
17cats are maintained for boarding, training or similar purposes
18for a fee or compensation.
19    "Boarding" means a time frame greater than 12 hours or an
20overnight period during which an animal is kept by a kennel
21operator.
22    "Cat breeder" means a person who sells, offers to sell,
23exchanges, or offers for adoption with or without charge cats
24that he or she has produced and raised. A person who owns, has
25possession of, or harbors 5 or less females capable of
26reproduction shall not be considered a cat breeder.

 

 

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1    "Dog breeder" means a person who sells, offers to sell,
2exchanges, or offers for adoption with or without charge dogs
3that he has produced and raised. A person who owns, has
4possession of, or harbors 5 or less females capable of
5reproduction shall not be considered a dog breeder.
6    "High volume breeder" means an establishment that keeps,
7houses, and maintains 6 or more unspayed adult female dogs used
8for producing offspring and does at least one of the following:
9        (1) in return for a fee or other consideration, sells 5
10    or more adult dogs or puppies in any calendar year to dog
11    brokers or pet shop operators;
12        (2) in return for a fee or other consideration, sells
13    40 or more puppies in any calendar year to the public; or
14        (3) keeps, houses, and maintains, at any given time in
15    a calendar year, more than 40 puppies that are under 4
16    months of age, that have been bred on the premises of the
17    establishment, and that have been primarily kept, housed,
18    and maintained from birth on the premises of the
19    establishment.
20    "Dog broker" means a person who buys, sells, or offers to
21sell dogs at wholesale for resale to another or who sells or
22gives one or more dogs to a pet shop operator annually. "Dog
23broker" does not include an animal shelter, animal control
24facility, a kennel operator, a pet shop operator, or a
25veterinarian.
26    "Animal control facility" means any facility operated by or

 

 

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1under contract for the State, county, or any municipal
2corporation or political subdivision of the State for the
3purpose of impounding or harboring seized, stray, homeless,
4abandoned or unwanted dogs, cats, and other animals. "Animal
5control facility" also means any veterinary hospital or clinic
6operated by a veterinarian or veterinarians licensed under the
7Veterinary Medicine and Surgery Practice Act of 2004 which
8operates for the above mentioned purpose in addition to its
9customary purposes.
10    "Animal shelter" means a facility operated, owned, or
11maintained by a duly incorporated humane society, animal
12welfare society, or other non-profit organization for the
13purpose of providing for and promoting the welfare, protection,
14and humane treatment of animals. An organization that does not
15have its own building that maintains animals solely in foster
16homes or other licensees is an "animal shelter" for purposes of
17this Act. "Animal shelter" also means any veterinary hospital
18or clinic operated by a veterinarian or veterinarians licensed
19under the Veterinary Medicine and Surgery Practice Act of 2004
20which operates for the above mentioned purpose in addition to
21its customary purposes.
22    "Day care operator" means a person who operates an
23establishment, other than an animal control facility,
24veterinary hospital, or animal shelter, where dogs or dogs and
25cats are kept for a period of time not exceeding 12 hours.
26    "Foster home" means an entity that accepts the

 

 

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1responsibility for stewardship of animals that are the
2obligation of an animal shelter or animal control facility, not
3to exceed 4 foster animals or 2 litters under 8 weeks of age at
4any given time. A written agreement to operate as a "foster
5home" shall be contracted with the animal shelter or animal
6control facility.
7    "Guard dog service" means an entity that, for a fee,
8furnishes or leases guard or sentry dogs for the protection of
9life or property. A person is not a guard dog service solely
10because he or she owns a dog and uses it to guard his or her
11home, business, or farmland.
12    "Guard dog" means a type of dog used primarily for the
13purpose of defending, patrolling, or protecting property or
14life at a commercial establishment other than a farm. "Guard
15dog" does not include stock dogs used primarily for handling
16and controlling livestock or farm animals, nor does it include
17personally owned pets that also provide security.
18    "Return" in return to field or trap, neuter, return program
19means to return the cat to field after it has been sterilized
20and vaccinated for rabies.
21    "Sentry dog" means a dog trained to work without
22supervision in a fenced facility other than a farm, and to
23deter or detain unauthorized persons found within the facility.
24    "Probationary status" means the 12-month period following
25a series of violations of this Act during which any further
26violation shall result in an automatic 12-month suspension of

 

 

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1licensure.
2    "Owner" means any person having a right of property in an
3animal, who keeps or harbors an animal, who has an animal in
4his or her care or acts as its custodian, or who knowingly
5permits a dog to remain on any premises occupied by him or her.
6"Owner" does not include a feral cat caretaker participating in
7a trap, spay/neuter, vaccinate for rabies, and return program.
8    "Enrichment" means any modification in the environment of a
9confined dog that seeks to enhance the dog's physical and
10psychological well-being by providing stimuli that meets the
11dog's breed-specific needs.
12    "Exercise" means activity that allows a dog to extend to
13full stride, play, and engage in other types of mentally
14stimulating and social behaviors.
15    "Thermoneutral zone" means the range of ambient
16temperature in which a dog is able to maintain normal body
17temperature without a change in metabolic rate.
18(Source: P.A. 100-842, eff. 1-1-19; 100-870, eff. 1-1-19;
19101-81, eff. 7-12-19; 101-295, eff. 8-9-19.)
 
20    (225 ILCS 605/3.20 new)
21    Sec. 3.20. High volume breeders.
22    (a) In addition to complying with all rules and laws
23applicable to a dog breeder, a high volume breeder shall do all
24of the following with regard to a dog that is kept, housed, and
25maintained by the breeder:

 

 

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1        (1) Unless otherwise directed by a veterinarian,
2    provide the dog, twice each day, with food that is:
3            (A) sufficient to maintain body condition and
4        weight as directed by a veterinarian;
5            (B) unspoiled and uncontaminated;
6            (C) provided in accordance with a nutritional plan
7        recommended by a veterinarian; and
8            (D) served in receptacles that are clean and
9        sanitary.
10        (2) Each day provide access to a continuous supply of
11    potable water in clean and sanitary receptacles that is of
12    sufficient quality and quantity to ensure maintenance of
13    normal body condition and growth unless otherwise directed
14    by a veterinarian.
15        (3) Keep or confine the dog in a primary enclosure that
16    complies with all of the following:
17            (A) The interior of the enclosure is at least 6
18        inches higher than the head of the tallest dog housed
19        in the enclosure when the dog is in a normal standing
20        position.
21            (B) It allows each dog housed in the enclosure to
22        turn in a complete circle, lie down, and fully extend
23        its limbs.
24            (C) It is not stacked on top of another primary
25        enclosure.
26            (D) It is cleaned at least once per day to remove

 

 

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1        excreta, dirt, grime, and other waste.
2        (4) On and after December 31, 2021, keep or confine the
3    dog in a primary enclosure that has a minimum floor space
4    in square inches equal to the following: (the length of the
5    dog housed in the enclosure in inches, as measured from the
6    tip of the nose to the base of the tail, plus 9 inches)^2
7    multiplied by 2. For each additional dog that is kept or
8    confined in a primary enclosure, the enclosure shall have
9    additional floor space in square inches equal to the
10    following: (length of each additional dog housed in the
11    enclosure in inches, as measured from the tip of the nose
12    to the base of the tail, plus 9 inches)^2.
13        (5) On and after December 31, 2021, ensure that the
14    minimum floor space provided in accordance with paragraph
15    (4) is solid or consists of slats. If the floor space
16    consists of slats, the high volume breeder shall ensure the
17    following:
18            (A) The spaces between the slats are not more than
19        one-half inch in width.
20            (B) The slats are not less than 3 and one-half
21        inches in width.
22            (C) All of the slats run in the same direction.
23            (D) The floor is level.
24        (6) On and after December 31, 2021, ensure that all
25    flooring complies with the following:
26            (A) It consists of materials that can be cleaned

 

 

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1        and sanitized; is safe for the breed, size, and age of
2        the dog; is free from protruding sharp edges; and is
3        designed so that the paw of the dog is unable to extend
4        through or become caught in the flooring.
5            (B) If the flooring surface consists of a material
6        that is not solid, it has a solid resting area that can
7        accommodate the full length of the dog while lying
8        down.
9            (C) It does not sag, bend, or bounce.
10            (D) It does not consist of wire made of metal,
11        including metal wire that is coated with another
12        material.
13        (7) If the high volume breeder is using an indoor
14    primary enclosure to house the dog, ensure that the
15    enclosure is located in a facility that permits regulation
16    of temperature, ventilation, and lighting, including
17    diurnal lighting. The high volume breeder shall ensure that
18    the lighting is sufficient, either through natural or
19    artificial means, to observe the physical condition of the
20    dog and to permit inspection and cleaning of the dog and
21    the primary enclosure.
22        (8) Use an outdoor primary enclosure to house the dog
23    only if a veterinarian approves such use.
24        (9) If the high volume breeder is using an outdoor
25    primary enclosure to house the dog as provided in paragraph
26    (8) and if climatic or ambient temperatures pose a threat

 

 

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1    to the health and welfare of the dog, take effective
2    measures to eliminate the threat. If the high volume
3    breeder has to take such measures, the high volume breeder
4    shall consider the dog's age, breed, overall health, and
5    acclimation to the environment. The high volume breeder
6    shall not use an outdoor primary enclosure to house the dog
7    if the dog is unable to tolerate the prevalent temperatures
8    within the dog's thermoneutral zone.
9        (10) House the dog with other dogs, except for reasons
10    of health, biosecurity, breeding, and behavioral issues.
11        (11) If the dog is a puppy that is 4 months or younger,
12    house the dog with an adult dog only if the adult dog is
13    the puppy's dam or foster dam.
14        (12) If the dog is a female, ensure that the dog does
15    not produce more than 8 litters in its lifetime.
16        (13) If the dog is a female, ensure that the dog does
17    not produce more than 8 litters in its lifetime.
18        (14) Provide a clean, dry whelping area for each dam
19    and its nursing puppies. The high volume breeder shall
20    ensure that the area fully accommodates all puppies, allows
21    the dam to lie fully recumbent and stand, and permits the
22    dam to temporarily move away from its puppies as it
23    chooses. The high volume breeder shall ensure that no other
24    animals inhabit the whelping area other than the dam and
25    its puppies.
26        (15) Provide the dog with an opportunity for daily

 

 

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1    exercise of at least 30 minutes. However, this requirement
2    does not apply to an expectant female dog, postpartum
3    female dog, or any other dog as directed by a veterinarian.
4        (16) Provide the dog an opportunity to safely access
5    the outdoors during daylight hours.
6        (17) Provide the dog with daily environmental
7    enrichment in the dog's primary enclosure.
8        (18) Provide human interaction with the dog for at
9    least 15 minutes each day in addition to interaction that
10    occurs during feeding and cleaning time. The interaction,
11    at a minimum, shall include verbal and tactile stimulation
12    in a positive and beneficial manner.
13        (19) Provide the dog appropriate medical care by a
14    veterinarian, including prompt treatment for any
15    significant disease, illness, or injury.
16        (20) If the dog is an adult dog, provide the dog with
17    an annual physical examination by a veterinarian.
18        (21) Comply with a vaccination and parasite control
19    program that is provided by a veterinarian and that is
20    consistent with recommendations of the American
21    Veterinarian Medical Association or the American Animal
22    Hospital Association.
23        (22) If a surgical or euthanasia procedure is required,
24    use a veterinarian to perform the procedure.
25    (b) The Department shall adopt rules that require a high
26volume breeder to keep and maintain a record of veterinary care

 

 

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1for each dog kept, housed, and maintained by the high volume
2breeder. The rules shall require the records to be kept and
3maintained for 3 years after the care is provided by a
4veterinarian.
 
5    (225 ILCS 605/3.25 new)
6    Sec. 3.25. Purchase of dogs from high volume breeders and
7out-of-state dog breeders.
8    (a) As used in this Section, "out-of-state dog breeder"
9means a dog breeder located outside of this State that, if
10located in this State, would be a high volume breeder.
11    (b) A dog broker or a pet shop operator that seeks to
12purchase a dog from a high volume breeder or out-of-state dog
13breeder, prior to completing the transaction, shall request the
14breeder to sign a document prescribed and provided by the
15Director. The document shall state that the high volume breeder
16or out-of-state dog breeder is in compliance with the standards
17of care established in Section 3.20 and the rules adopted
18thereunder. The broker or pet shop operator shall keep and
19maintain the signed document. If the high volume breeder or
20out-of-state dog breeder does not provide the signed document,
21the broker or pet shop operator shall not purchase the dog.
22    The broker or owner or operator shall allow the Director to
23inspect the signed document during normal business hours.
24    (c) No dog broker or pet shop operator shall knowingly sell
25a dog unless the dog broker or pet shop operator has obtained a

 

 

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1signed document with respect to the dog as required under
2subsection (b). It is not a violation of this Section if the
3dog broker or pet shop operator has obtained such a document
4with regard to the dog.