103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1373

 

Introduced 1/31/2023, by Rep. Anne Stava-Murray

 

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

    Amends the Animal Welfare Act. Provides that the definition of "dog dealer" does not include a person who sells dogs at retail to the public.


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A BILL FOR

 

HB1373LRB103 25734 AMQ 52083 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 as follows:
 
6    (225 ILCS 605/2)  (from Ch. 8, par. 302)
7    Sec. 2. Definitions. As used in this Act unless the
8context otherwise requires:
9    "Department" means the Illinois Department of Agriculture.
10    "Director" means the Director of the Illinois Department
11of Agriculture.
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
15animals customarily obtained as pets in this State at retail
16to the public. However, a person who sells only such animals
17that he has produced and raised shall not be considered a pet
18shop operator under this Act, and a veterinary hospital or
19clinic operated by a veterinarian or veterinarians licensed
20under the Veterinary Medicine and Surgery Practice Act of 2004
21shall not be considered a pet shop operator 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 dogs
2at retail to the public, including by appointment only, or
3only dogs that he has produced and raised shall not be
4considered a dog dealer under this Act, and a veterinary
5hospital or clinic operated by a veterinarian or veterinarians
6licensed under the Veterinary Medicine and Surgery Practice
7Act of 2004 shall not be considered a dog dealer under this
8Act.
9    "Secretary of Agriculture" or "Secretary" means the
10Secretary of Agriculture of the United States Department of
11Agriculture.
12    "Person" means any person, firm, corporation, partnership,
13association or other legal entity, any public or private
14institution, the State of Illinois, or any municipal
15corporation or political subdivision of the State.
16    "Kennel operator" means any person who operates an
17establishment, other than an animal control facility,
18veterinary hospital, or animal shelter, where dogs or dogs and
19cats are maintained for boarding, training or similar purposes
20for a fee or compensation.
21    "Boarding" means a time frame greater than 12 hours or an
22overnight period during which an animal is kept by a kennel
23operator.
24    "Cat breeder" means a person who sells, offers to sell,
25exchanges, or offers for adoption with or without charge cats
26that he or she has produced and raised. A person who owns, has

 

 

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1possession of, or harbors 5 or less females capable of
2reproduction shall not be considered a cat breeder.
3    "Dog breeder" means a person who sells, offers to sell,
4exchanges, or offers for adoption with or without charge dogs
5that he has produced and raised. A person who owns, has
6possession of, or harbors 5 or less females capable of
7reproduction shall not be considered a dog breeder.
8    "Animal control facility" means any facility operated by
9or under contract for the State, county, or any municipal
10corporation or political subdivision of the State for the
11purpose of impounding or harboring seized, stray, homeless,
12abandoned or unwanted dogs, cats, and other animals. "Animal
13control facility" also means any veterinary hospital or clinic
14operated by a veterinarian or veterinarians licensed under the
15Veterinary Medicine and Surgery Practice Act of 2004 which
16operates for the above mentioned purpose in addition to its
17customary purposes.
18    "Animal shelter" means a facility operated, owned, or
19maintained by a duly incorporated humane society, animal
20welfare society, or other non-profit organization having
21tax-exempt status under Section 501(c)(3) of the Internal
22Revenue Code for the purpose of providing for and promoting
23the welfare, protection, and humane treatment of animals. An
24organization that does not have its own building that
25maintains animals solely in foster homes or other licensees is
26an "animal shelter" for purposes of this Act. "Animal shelter"

 

 

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1also means any veterinary hospital or clinic operated by a
2veterinarian or veterinarians licensed under the Veterinary
3Medicine and Surgery Practice Act of 2004 which operates for
4the above mentioned purpose in addition to its customary
5purposes.
6    "Day care operator" means a person who operates an
7establishment, other than an animal control facility,
8veterinary hospital, or animal shelter, where dogs or dogs and
9cats are kept for a period of time not exceeding 12 hours.
10    "Foster home" means an entity that accepts the
11responsibility for stewardship of animals that are the
12obligation of an animal shelter or animal control facility,
13not to exceed 4 foster animals or 2 litters under 8 weeks of
14age at any given time. A written agreement to operate as a
15"foster home" shall be contracted with the animal shelter or
16animal control facility.
17    "Guard dog service" means an entity that, for a fee,
18furnishes or leases guard or sentry dogs for the protection of
19life or property. A person is not a guard dog service solely
20because he or she owns a dog and uses it to guard his or her
21home, business, or farmland.
22    "Guard dog" means a type of dog used primarily for the
23purpose of defending, patrolling, or protecting property or
24life at a commercial establishment other than a farm. "Guard
25dog" does not include stock dogs used primarily for handling
26and controlling livestock or farm animals, nor does it include

 

 

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1personally owned pets that also provide security.
2    "Return" in return to field or trap, neuter, return
3program means to return the cat to field after it has been
4sterilized and vaccinated for rabies.
5    "Sentry dog" means a dog trained to work without
6supervision in a fenced facility other than a farm, and to
7deter or detain unauthorized persons found within the
8facility.
9    "Probationary status" means the 12-month period following
10a series of violations of this Act during which any further
11violation shall result in an automatic 12-month suspension of
12licensure.
13    "Owner" means any person having a right of property in an
14animal, who keeps or harbors an animal, who has an animal in
15his or her care or acts as its custodian, or who knowingly
16permits a dog to remain on any premises occupied by him or her.
17"Owner" does not include a feral cat caretaker participating
18in a trap, spay/neuter, vaccinate for rabies, and return
19program.
20    "Offer for sale" means to sell, exchange for
21consideration, offer for adoption, advertise for the sale of,
22barter, auction, give away, or otherwise dispose of animals.
23(Source: P.A. 101-81, eff. 7-12-19; 101-295, eff. 8-9-19;
24102-586, eff. 2-23-22.)