Full Text of SB0053 96th General Assembly
SB0053sam001 96TH GENERAL ASSEMBLY
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Sen. Dan Kotowski
Filed: 3/10/2009
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| AMENDMENT TO SENATE BILL 53
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| AMENDMENT NO. ______. Amend Senate Bill 53 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Animal Welfare Act is amended by changing | 5 |
| Sections 2, 2.2, 3, 3.1, 5, 10, 18, and 20.5 and by adding | 6 |
| Sections 3.15, 10.5, 17, 18.01, 18.04, 18.05, 18.06, 18.5, | 7 |
| 20.1, and 23 as follows:
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| (225 ILCS 605/2) (from Ch. 8, par. 302)
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| Sec. 2. Definitions. As used in this Act unless the context | 10 |
| otherwise
requires:
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| "Department" means the Illinois Department of Agriculture.
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| "Director" means the Director of the Illinois Department of | 13 |
| Agriculture.
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| "Pet shop operator" means any person who sells, offers to | 15 |
| sell,
exchange, or offers for adoption with or without charge | 16 |
| or donation dogs,
cats, birds, fish, reptiles, or other animals |
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| 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
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| 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.
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| "Dog dealer" means any person who sells, offers to sell, | 9 |
| exchange, or
offers for adoption with or without charge or | 10 |
| donation dogs in this State.
However, a person who sells only | 11 |
| dogs that he has produced and raised shall
not be considered a | 12 |
| dog dealer under this Act, and a veterinary hospital or
clinic | 13 |
| operated by a veterinarian or veterinarians licensed under the
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| Veterinary Medicine and Surgery Practice Act of 2004
shall not | 15 |
| be considered a dog dealer under this Act.
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| "Secretary of Agriculture" or "Secretary" means the | 17 |
| Secretary of
Agriculture of the United States Department of | 18 |
| Agriculture.
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| "Person" means any person, firm, corporation, partnership, | 20 |
| association
or other legal entity, any public or private | 21 |
| institution, the State of
Illinois, or any municipal | 22 |
| corporation or political subdivision of the
State.
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| "Kennel operator" means any person who operates an | 24 |
| establishment, other
than an animal control facility, | 25 |
| veterinary hospital, or animal
shelter, where dogs or dogs and | 26 |
| cats are maintained
for boarding, training or similar purposes |
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| for a fee or compensation ; or
who sells, offers to sell, | 2 |
| exchange, or offers for adoption with or without
charge dogs or | 3 |
| dogs and cats which he has produced and raised. A person who
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| owns, has possession of, or harbors 5 or less
females capable | 5 |
| of reproduction shall not be considered a kennel
operator .
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| "Dog breeder" means any person who owns, has possession of, | 7 |
| or harbors 6 or more female dogs capable of reproduction for | 8 |
| the purpose of the sale of their offspring. A licensed animal | 9 |
| shelter or licensed animal control facility is not required to | 10 |
| be licensed as a dog breeder except as required by Section 3 of | 11 |
| this Act. | 12 |
| "Commercial dog breeder" means any person who owns, has | 13 |
| possession of, or harbors 6 or more female dogs capable of | 14 |
| reproduction and breeds or whelps dogs and: | 15 |
| (1) sells or transfers any dog to a wholesale dog | 16 |
| dealer or to a pet shop; or | 17 |
| (2) sells or transfers more than 30 dogs per calendar | 18 |
| year. | 19 |
| "Cattery operator" means any person who operates an | 20 |
| establishment, other
than an animal control facility or animal
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| shelter, where cats are maintained for boarding,
training or | 22 |
| similar purposes for a fee or compensation; or who sells,
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| offers to sell, exchange, or offers for adoption with or | 24 |
| without charges
cats which he has produced and raised. A person | 25 |
| who owns, has possession
of, or harbors 5 or
less females | 26 |
| capable of reproduction shall not be considered a
cattery |
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| operator.
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| "Animal control facility" means any facility operated by or
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| under contract for the State,
county, or any municipal | 4 |
| corporation or political subdivision of the State
for the | 5 |
| purpose of impounding or harboring seized, stray, homeless,
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| abandoned or unwanted dogs, cats, and other animals. "Animal | 7 |
| control
facility" also means any
veterinary hospital or clinic | 8 |
| operated by a veterinarian or veterinarians
licensed under the | 9 |
| Veterinary Medicine and Surgery Practice Act of 2004 which
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| operates for the above mentioned purpose in addition to its | 11 |
| customary purposes.
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| "Animal shelter" means a facility that is operated, owned, | 13 |
| or maintained by a duly
incorporated humane society, animal | 14 |
| welfare society, or other non-profit
organization for the | 15 |
| purpose of providing for and promoting the welfare,
protection, | 16 |
| and humane treatment of animals , and that does not engage in | 17 |
| the intentional breeding of any animal . "Animal shelter" also | 18 |
| means any
veterinary hospital or clinic operated by a | 19 |
| veterinarian or veterinarians
licensed under the Veterinary | 20 |
| Medicine and Surgery Practice Act of 2004 which
operates for | 21 |
| the above mentioned purpose in addition to its customary | 22 |
| purposes.
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| "Foster home" means an entity that accepts the | 24 |
| responsibility for
stewardship of animals that are the | 25 |
| obligation of an animal shelter, not to
exceed 4 animals at any | 26 |
| given time. Permits to operate as a "foster home"
shall be |
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| issued through the animal shelter.
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| "Guard dog service" means an entity that, for a fee, | 3 |
| furnishes or leases
guard or sentry dogs for the protection of | 4 |
| life or property. A person
is not a guard dog service solely | 5 |
| because he or she owns a dog and uses it to
guard his or her | 6 |
| home, business, or farmland.
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| "Guard dog" means a type of dog used primarily for the | 8 |
| purpose of defending,
patrolling, or protecting property or | 9 |
| life at a commercial establishment
other than a farm. "Guard | 10 |
| dog" does not include stock dogs used primarily for
handling | 11 |
| and controlling livestock or farm animals, nor does it include
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| personally owned pets that also provide security.
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| "Sentry dog" means a dog trained to work without | 14 |
| supervision in a fenced
facility other than a farm, and to | 15 |
| deter or detain unauthorized persons found
within the facility.
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| "Probationary status" means the 12-month period following | 17 |
| a series of violations of this Act during which any further | 18 |
| violation shall result in an automatic 12-month suspension of | 19 |
| licensure.
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| "Indoor housing facility" means any structure or building | 21 |
| that contains primary enclosures. | 22 |
| "Primary enclosure" means the primary structure that | 23 |
| restricts a dog's ability to move, which includes a kennel, | 24 |
| cage or run. | 25 |
| "Sale" means the transfer of a dog or cat to another person | 26 |
| in any of the following ways: |
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| (1) Offering directly to a consumer for purchase. | 2 |
| (2) Offering at a retail pet shop for purchase. | 3 |
| (3) Offering a dog or cat on the internet for purchase. | 4 |
| (4) Offering a wholesale exchange. | 5 |
| (5) Offering a dog or cat up for adoption with any | 6 |
| charges or donation unless the offeror is licensed under | 7 |
| this Act as an animal shelter or animal control facility. | 8 |
| (6) Offering a dog or cat 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 | 13 |
| least180 degrees Fahrenheit and soap or detergent, as with | 14 |
| a 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 build-up. | 19 |
| (Source: P.A. 95-550, eff. 6-1-08 .)
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| (225 ILCS 605/2.2) (from Ch. 8, par. 302.2)
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| Sec. 2.2.
No dog dealer, dog breeder, commercial dog | 22 |
| breeder, kennel operator, or cattery operator shall
separate a | 23 |
| puppy or kitten from its mother, for the
purpose of sale, until | 24 |
| such puppy or kitten has attained the age of 8
weeks.
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| All licensees under this Act shall maintain records of
the |
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| origin and sale of all dogs, and such records shall be made | 2 |
| available for
inspection by the Secretary or the Department | 3 |
| upon demand. Such records
must contain proof in proper form of | 4 |
| purebreds and their pedigree, and evidence
of such proof must | 5 |
| be provided to any person acquiring a dog from a licensee
under | 6 |
| this Act. In addition, guard dog services shall be
required to | 7 |
| maintain records of transfer of ownership, death, or | 8 |
| disappearance
of a guard dog or sentry dog used by that guard | 9 |
| dog service.
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| (Source: P.A. 89-178, eff. 7-19-95.)
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| (225 ILCS 605/3) (from Ch. 8, par. 303)
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| Sec. 3. (a) Except as provided in subsection (b) of this | 13 |
| Section, no person shall engage in business as a pet shop | 14 |
| operator, dog
dealer, dog breeder, commercial dog breeder, | 15 |
| kennel operator, cattery operator,
or operate a guard dog | 16 |
| service, an animal control
facility or animal shelter or
any | 17 |
| combination thereof, in this State without a license therefor | 18 |
| issued by
the Department. A separate license shall be required | 19 |
| to operate each of the following at one location: dog dealer, | 20 |
| commercial dog breeder, kennel operator, cattery operator, dog | 21 |
| breeder, pet shop operator, animal shelter, animal control | 22 |
| facility and guard dog service, except that a commercial dog | 23 |
| breeder does not need to be licensed as a dog breeder. Only one | 24 |
| license shall be required for any combination of
businesses at | 25 |
| one location, except that a separate license shall be required
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| to operate a guard dog service. Guard dog services that are | 2 |
| located outside
this State but provide services within this | 3 |
| State are required to obtain a
license from the Department. | 4 |
| Out-of-state guard dog services are required to
comply with the | 5 |
| requirements of this Act with regard to guard dogs and sentry
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| dogs transported to or used within this State.
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| (b) This Act does not apply to a private detective agency | 8 |
| or private security agency licensed under the Private | 9 |
| Detective, Private Alarm, Private Security, Fingerprint | 10 |
| Vendor, and
Locksmith Act of 2004 that provides guard dog or | 11 |
| canine odor detection services and does not otherwise operate a | 12 |
| kennel for hire.
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| (Source: P.A. 95-613, eff. 9-11-07.)
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| (225 ILCS 605/3.1) (from Ch. 8, par. 303.1)
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| Sec. 3.1. Information on dogs and cats for sale. Prior to | 16 |
| the time of sale, every pet shop operator and cattery operator | 17 |
| must provide to the consumer the following information on any | 18 |
| cat being offered for sale: Every pet shop
operator, dog | 19 |
| dealer, and cattery operator shall provide the following
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| information for every dog or cat available for sale:
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| (a) The age, sex, and weight of the animal.
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| (b) The breed of the animal.
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| (c) A record of vaccinations and veterinary care and | 24 |
| treatment.
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| (d) A record of surgical sterilization or lack of surgical |
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| sterilization.
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| (e) The name and address of the breeder of the animal.
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| (f) The name and address of any other person who owned or | 4 |
| harbored the
animal between its birth and the point of sale.
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| (Source: P.A. 87-819.)
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| (225 ILCS 605/3.15 new) | 7 |
| Sec. 3.15. Information on dogs for sale. | 8 |
| (a) Prior to the time of sale, every pet shop operator, dog | 9 |
| breeder, and commercial dog breeder must, to the best of his or | 10 |
| her knowledge, provide to the consumer the following | 11 |
| information on any dog being offered for sale: | 12 |
| (1) The breed, age, date of birth, sex, and color of | 13 |
| the dog; | 14 |
| (2) The dates of any inoculations and medical | 15 |
| treatments administered to the dog at any time prior to the | 16 |
| sale, and: | 17 |
| (i) For veterinarians, the name and business | 18 |
| address of the individual who performed the | 19 |
| examination(s) and administered any treatments or | 20 |
| medications; | 21 |
| (ii) For pet stores, dog breeders, and dog dealers, | 22 |
| the name of the licensee or manager who authorized the | 23 |
| administration of any treatments or medications; | 24 |
| (3) The name and business address of both the breeder | 25 |
| and the facility where the dog was born. If the breeder is |
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| located in the State, the breeder's license number must be | 2 |
| included. If the breeder holds a license issued by the | 3 |
| United States Department of Agriculture, the breeder's | 4 |
| federal identification number must be provided; | 5 |
| (4) The name and business address of any other person | 6 |
| who owned or harbored the dog between its birth and the | 7 |
| point of sale; | 8 |
| (5) The retail price of the dog, including any | 9 |
| additional fees or charges. If financing is being offered | 10 |
| for the purchase of the dog, then the following information | 11 |
| must be provided at the time of sale: the name of the | 12 |
| company financing the sale, the annual percentage rate, the | 13 |
| monthly payment amount, the term of the loan, the total | 14 |
| finance charge, and the total amount paid at the end of the | 15 |
| loan; | 16 |
| (6) Any known congenital or hereditary diseases of the | 17 |
| parents of the dog; | 18 |
| (7) 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 |
| (8) If the dog was returned by a retail customer, the | 24 |
| date and reason for the return; | 25 |
| (9) Include the following statement and circle the | 26 |
| corresponding answer: "The facility in which the dog was |
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| 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 |
| (10) State the licensee's policy regarding any | 6 |
| guarantees, warranties, refunds and/or returns; | 7 |
| (11) The signature, printed name and date of the pet | 8 |
| shop operator, dog breeder, or commercial dog breeder | 9 |
| beneath the following statement: "I hereby attest that all | 10 |
| of the above information is true and correct to the best of | 11 |
| my knowledge, and I have made a diligent effort to obtain | 12 |
| this information."; | 13 |
| (12) Blank space for the customer to sign and print | 14 |
| their name and print the date beneath the following | 15 |
| statement: "I hereby attest that this disclosure was posted | 16 |
| with the dog for sale and that I have read all the | 17 |
| disclosures. I further understand that I am entitled to | 18 |
| keep a signed copy of this disclosure." | 19 |
| (b) Before the sale is completed, the pet shop operator, | 20 |
| dog breeder, or commercial dog breeder must have the consumer | 21 |
| sign and date the disclosure as described in subsection (a). | 22 |
| (c) Every pet shop operator, dog breeder, or commercial dog | 23 |
| breeder shall make copies and provide a copy of the "Buying a | 24 |
| New Dog" pamphlet to each purchaser. The purchaser must initial | 25 |
| that they have read the pamphlet prior to the completion of the | 26 |
| sale. A copy of the signed statement shall be maintained by the |
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| pet shop operator and a copy of the pamphlet shall be given to | 2 |
| the consumer. The pamphlet will be created and shall be in such | 3 |
| format as decided by the Department. The information in the | 4 |
| pamphlet must include, but is not limited to, the following: | 5 |
| (i) The benefits of visiting a veterinarian shortly | 6 |
| after purchasing a dog; | 7 |
| (ii) The benefits of spaying or neutering a dog; | 8 |
| (iii) The following statement: "The cost of owning a | 9 |
| dog: Beyond the purchase price of a dog, there are annual | 10 |
| expenses to care for a dog including: routine veterinary | 11 |
| care, vaccinations and medications, food, grooming, | 12 |
| training, licensing, supplies and additional or emergency | 13 |
| medical care."; and | 14 |
| (iv) The following statement: "Consider when | 15 |
| purchasing a dog that with proper care a dog can live well | 16 |
| past 10 years." | 17 |
| (d) A pet shop operator, dog breeder, or commercial dog | 18 |
| breeder who makes false or misleading statements in connection | 19 |
| with the above disclosures has committed a violation of the | 20 |
| Consumer Fraud and Deceptive Business Practices Act. | 21 |
| (e) Every pet shop operator shall post in a conspicuous | 22 |
| place in writing on or near the cage of every dog available for | 23 |
| sale the information required by this Section. | 24 |
| (f) Every pet shop operator, dog dealer, or commercial dog | 25 |
| breeder making dogs available for sale over the internet must | 26 |
| post the disclosures required by this Section in conjunction |
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| with the information about the individual dog for sale. | 2 |
| Disclosures shall be signed by both the pet shop operator, dog | 3 |
| dealer, or commercial dog breeder and the consumer and shall be | 4 |
| maintained by the licensee for a period of 2 years from the | 5 |
| date of sale.
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| (225 ILCS 605/5) (from Ch. 8, par. 305)
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| Sec. 5.
Applications by individuals for original licenses | 8 |
| shall be made to
the Department, shall be in writing on forms | 9 |
| prescribed by
the Department and shall be accompanied by the | 10 |
| required fee, which shall
not be returnable. Any such | 11 |
| application shall require such information
as in the judgment | 12 |
| of the Department will enable the Department to pass
on the | 13 |
| qualifications of the applicant for a license. It shall | 14 |
| include,
but need not be limited to information concerning age, | 15 |
| citizenship,
present residence, location of the business | 16 |
| licensed under this Act,
including the location of all foster | 17 |
| homes,
description of facilities to be used, present and | 18 |
| previous business
connections and experience, bank and | 19 |
| professional references, whether
any license of the applicant | 20 |
| under this Act or any federal, state,
county or local law, | 21 |
| ordinance or regulation, relating to dealing in or
handling | 22 |
| dogs or cats, ever was suspended or revoked and whether the
| 23 |
| applicant ever has been convicted of a felony. Such felony | 24 |
| conviction
may be taken into consideration by the Department in | 25 |
| determining
qualifications for licensing but shall not operate |
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| as a bar to
licensing. The Department must conduct an | 2 |
| inspection to determine compliance with this Act prior to | 3 |
| issuing a license. If the applicant's facility is not in full | 4 |
| compliance with this Act, the license may not be issued until | 5 |
| the applicant is in full compliance.
| 6 |
| (Source: P.A. 89-178, eff. 7-19-95.)
| 7 |
| (225 ILCS 605/10) (from Ch. 8, par. 310)
| 8 |
| Sec. 10. Grounds for discipline. | 9 |
| (a) The Department may refuse to issue or
renew or may | 10 |
| suspend or
revoke a license on any one or more of the following | 11 |
| grounds:
| 12 |
| (1) a. Material misstatement in the application for | 13 |
| original license or in
the application for any renewal | 14 |
| license under this Act;
| 15 |
| (2) b. A violation of this Act or of any regulations
or
| 16 |
| rules issued pursuant thereto;
| 17 |
| (3) c. Aiding or abetting another in the violation of | 18 |
| this Act or
of any regulation or rule issued pursuant | 19 |
| thereto;
| 20 |
| (4) d. Allowing one's license under this Act to be used | 21 |
| by an unlicensed
person;
| 22 |
| (5) e. Conviction of any crime an essential element of | 23 |
| which is
misstatement, fraud or dishonesty or conviction of | 24 |
| any felony, if the
Department determines, after | 25 |
| investigation, that such person has not been
sufficiently |
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| rehabilitated to warrant the public trust;
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| (6) f. Conviction of a violation of any law of Illinois | 3 |
| except minor
violations such as traffic violations and | 4 |
| violations not related to the
disposition of dogs, cats and | 5 |
| other animals or any rule or regulation of
the Department | 6 |
| relating to dogs or cats and sale thereof;
| 7 |
| (7) g. Making substantial misrepresentations or false | 8 |
| promises of a
character likely to influence, persuade or | 9 |
| induce in connection with the
business of a licensee under | 10 |
| this Act;
| 11 |
| (8) h. Pursuing a continued course of | 12 |
| misrepresentation of or making false
promises through | 13 |
| advertising, salesman, agents or otherwise in connection
| 14 |
| with the business of a licensee under this Act; or
| 15 |
| (9) i. Failure to possess the necessary qualifications | 16 |
| or to meet the
requirements of the Act for the issuance or | 17 |
| holding a license . ; or
| 18 |
| j. Proof that the licensee is guilty of gross negligence,
| 19 |
| incompetency, or cruelty with regard to animals.
| 20 |
| (b) The Department may refuse to issue or may suspend the | 21 |
| license
of any person who fails to file a return, or to pay the | 22 |
| tax, penalty or
interest shown in a filed return, or to pay any | 23 |
| final assessment of tax,
penalty or interest, as required by | 24 |
| any tax Act administered by the
Illinois Department of Revenue, | 25 |
| until such time as the requirements of any
such tax Act are | 26 |
| satisfied.
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| (c) The Department shall refuse to issue or renew or shall | 2 |
| suspend or revoke a license if an applicant or licensee has | 3 |
| been convicted of any one or more of the following: | 4 |
| (1) A misdemeanor or felony under any Section of the | 5 |
| Humane Care for Animals Act. | 6 |
| (2) Any violation of Section 12-35 or 26-5 of the | 7 |
| Criminal Code of 1961. | 8 |
| (3) A criminal offense of which the Department has | 9 |
| knowledge that took place in another jurisdiction of the | 10 |
| United States that is substantially similar to any of the | 11 |
| offenses listed in paragraphs (1) or (2). | 12 |
| The Department shall consider if the applicant has been | 13 |
| convicted within the last 10 years in any state of dog | 14 |
| fighting, animal abuse, or any other animal-related offense. | 15 |
| The Department may order any licensee to cease operation | 16 |
| for a period not
to exceed 72 hours to correct deficiencies in | 17 |
| order to meet licensing
requirements.
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| (Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97; | 19 |
| 90-403, eff.
8-15-97.)
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| (225 ILCS 605/10.5 new) | 21 |
| Sec. 10.5. Violations; injunction; cease and desist 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 | 25 |
| or the State's Attorney in the county in which the offense |
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| occurs, petition for an order enjoining the violation or for an | 2 |
| order enforcing compliance with this Act. Upon the filing of a | 3 |
| verified petition in court, the court may issue a temporary | 4 |
| restraining order, without notice or bond, and may | 5 |
| preliminarily and permanently enjoin the violation. If it is | 6 |
| established that the person has violated or is violating the | 7 |
| injunction, the court may punish the offender for contempt of | 8 |
| court. Proceedings under this Section shall be in addition to, | 9 |
| and not in lieu of, all other remedies and penalties provided | 10 |
| by this Act. | 11 |
| (b) The Department may issue an order to cease and desist | 12 |
| against any person who is in violation of this Act as | 13 |
| warranted. The order shall clearly set forth the general | 14 |
| factual and legal basis for the order and state that within | 15 |
| seven days of receipt of the order, the recipient may file a | 16 |
| written request for an administrative hearing with the | 17 |
| Department. The order to cease and desist shall become a final | 18 |
| order of the Department upon expiration of the 7-day period for | 19 |
| requesting an administrative hearing, unless a timely request | 20 |
| has been filed with the Department. A pet store operator, dog | 21 |
| breeder, or commercial dog breeder who receives a cease and | 22 |
| desist order shall dispose of all affected dogs within 10 | 23 |
| calendar days of receiving the order. The pet shop operator, | 24 |
| dog dealer, or commercial dog breeder may only dispose of the | 25 |
| dogs to an animal control facility or animal shelter that is | 26 |
| licensed in the State, or by having a dog humanely euthanized |
|
|
|
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| 1 |
| by a licensed veterinarian, unless otherwise authorized in | 2 |
| writing by the Department, which may include transfer to a | 3 |
| licensed dog breeder or licensed commercial dog breeder. | 4 |
| Failure to comply will result in forfeiture of the dogs in a | 5 |
| manner approved by the Department and the imposition of a civil | 6 |
| penalty by the Department in an amount not to exceed $5,000 for | 7 |
| each offense. | 8 |
| (225 ILCS 605/17 new) | 9 |
| Sec. 17. Order of revocation; compliance. | 10 |
| (a) When the Department issues an order revoking a pet shop | 11 |
| operator, dog breeder, or commercial dog breeder license, the | 12 |
| order shall set forth the general factual and legal basis for | 13 |
| the action and shall advise the affected person that within 10 | 14 |
| days of receipt of the order, the pet shop operator, dog | 15 |
| breeder, or commercial dog breeder may file with the Secretary | 16 |
| a written request for an administrative hearing. The order of | 17 |
| revocation shall become a final order of the Department upon | 18 |
| expiration of the 7-day period for requesting an administrative | 19 |
| hearing, unless a timely request has been filed with the | 20 |
| Department. | 21 |
| (b) The pet shop operator, dog breeder, or commercial dog | 22 |
| breeder shall dispose of all unaltered dogs within 10 calendar | 23 |
| days after receiving an order of revocation. The licensee may | 24 |
| only dispose of the dogs to an animal control facility or | 25 |
| animal shelter licensed in the State, or by having a dog |
|
|
|
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| 1 |
| humanely euthanized by a licensed veterinarian, unless | 2 |
| otherwise authorized in writing by the Department, which may | 3 |
| include transfer to a licensed dog breeder or licensed | 4 |
| commercial dog breeder. Failure to comply will result in | 5 |
| forfeiture of unaltered dogs to an animal control facility or | 6 |
| animal shelter licensed in the State, or by having a dog | 7 |
| humanely euthanized by a licensed veterinarian, unless | 8 |
| otherwise authorized in writing by the Department. | 9 |
| (c) A pet shop operator, dog dealer, or commercial dog | 10 |
| breeder that requests a hearing under this Act within 10 | 11 |
| calendar days of receiving an order of revocation does not have | 12 |
| to comply with subsection (b) until the hearing on the order of | 13 |
| revocation has concluded. However, until a final order on the | 14 |
| hearing has been issued, the pet shop operator, dog dealer, or | 15 |
| commercial dog breeder shall not sell or transfer any dog by | 16 |
| any means without prior written authorization from the | 17 |
| Department.
| 18 |
| (225 ILCS 605/18) (from Ch. 8, par. 318)
| 19 |
| Sec. 18. Requirements for licensees. A licensee under this | 20 |
| Act The licensee shall:
| 21 |
| (1) a. Maintain sanitary conditions.
| 22 |
| (2) b. Insure proper ventilation.
| 23 |
| (3) c. Provide adequate nutrition.
| 24 |
| (4) d. Provide humane care and treatment of all animals | 25 |
| under his
or her jurisdiction.
|
|
|
|
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| 1 |
| (5) e. Take reasonable care to release for sale, trade, | 2 |
| or adoption only
those animals which are free of disease, | 3 |
| injuries or abnormalities. A
health certificate, meeting | 4 |
| the requirements of the Department and issued
by a licensed | 5 |
| veterinarian for any such animal within 5 days before such
| 6 |
| sale, trade or adoption is prima facie evidence that the | 7 |
| licensee has taken
reasonable care, as required by this | 8 |
| paragraph.
| 9 |
| f. Inspection of the premises of a licensee to determine | 10 |
| compliance with
this Act may be made only by the Department.
| 11 |
| (Source: P.A. 78-900.)
| 12 |
| (225 ILCS 605/18.01 new) | 13 |
| Sec. 18.01. Inspection. | 14 |
| (a) Inspection of the premises of a licensee to determine | 15 |
| compliance with
this Act may be made only by the Department. | 16 |
| The Department must conduct at least one unannounced inspection | 17 |
| of each licensee within a 2-year period. | 18 |
| (b) The Department may, for the purpose of inspection, | 19 |
| enter during normal business hours upon any licensed premises | 20 |
| or unlicensed premises where activities consistent with that of | 21 |
| a dog breeder or commercial dog breeder are occurring. | 22 |
| Inspection shall not occur unless an adult who is 18 years or | 23 |
| older is present. Entry shall not be made into any building | 24 |
| which is a person's residence, except by search warrant, court | 25 |
| order or consent. |
|
|
|
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| 1 |
| (c) Institutions operating under a federal license to | 2 |
| conduct laboratory experimentation utilizing animals for | 3 |
| research or medical purpose are, however, exempt from the | 4 |
| provisions of this Section. | 5 |
| (d) State's Attorney's and law enforcement officials shall | 6 |
| provide such assistance as may be required in the conduct of | 7 |
| such investigations. | 8 |
| (e) The Department shall be given access to all records and | 9 |
| files related to dog breeding activities. If the licensee | 10 |
| refuses to provide access to any animal, record, or file, the | 11 |
| Department may issue a cease and desist order or revoke their | 12 |
| license. | 13 |
| (f) Nothing in this Act shall limit the ability of a | 14 |
| Department of Agriculture investigator, an animal control | 15 |
| administrator, or a law enforcement official from inspecting | 16 |
| the premises for the purpose of enforcing the Humane Care for | 17 |
| Animals Act (510 ILCS 70). | 18 |
| (225 ILCS 605/18.04 new) | 19 |
| Sec. 18.04. Additional requirements for dog breeders and | 20 |
| commercial dog breeders. In addition to the requirements of | 21 |
| Section 18, dog breeders and commercial dog breeders must also | 22 |
| comply with the requirements of this Section. | 23 |
| (a) All unaltered dogs must meet the following criteria | 24 |
| before being bred: | 25 |
| (1) A female shall be examined by a veterinarian at |
|
|
|
09600SB0053sam001 |
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LRB096 04209 ASK 23256 a |
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| 1 |
| least once a year or prior to each attempt at breeding, | 2 |
| whichever occurs more frequently. A dog shall not be bred | 3 |
| unless a veterinarian has determined that the dog is in | 4 |
| good physical condition. | 5 |
| (2) A male shall be examined by a veterinarian at least | 6 |
| once a year. A dog shall not be bred unless a veterinarian | 7 |
| has determined that the dog is in good physical condition. | 8 |
| (3) A female dog must be between the ages of 18 months | 9 |
| and 8 years of age. | 10 |
| (b) All dogs euthanized must be humanely euthanized by a | 11 |
| licensed veterinarian. This Section shall not be construed in a | 12 |
| manner that is inconsistent with the provisions of the Humane | 13 |
| Care for Animals Act regarding exigent circumstances. | 14 |
| (c) Any dog breeder or commercial dog breeder shall provide | 15 |
| an area separate from other dogs for the isolation of any dog | 16 |
| that appears to be affected with any infectious or contagious | 17 |
| disease, parasitism, or physical injuries. The isolation area | 18 |
| must be physically separate from the area of the general | 19 |
| population so that there can be no contact between the isolated | 20 |
| animal and animals in the general population. Dogs may be | 21 |
| returned to the general kennel population after an examination, | 22 |
| treatment, if required, and written release from a licensed | 23 |
| veterinarian. Nothing in this subsection shall require nursing | 24 |
| mothers to be separated from their litters. | 25 |
| (d) Any dog breeder or commercial dog breeder who | 26 |
| advertises the availability of any dog for sale, adoption, or |
|
|
|
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| 1 |
| transfer, whether for compensation or otherwise must | 2 |
| prominently display their license number in any such | 3 |
| advertisement. Further, the dog breeder or commercial dog | 4 |
| breeder must provide his or her license number to any person | 5 |
| who purchases, adopts, or receives any dog from him or her and | 6 |
| include the license number on any receipt of sale. | 7 |
| (e) Two or more dog breeding physical facilities under | 8 |
| common ownership that are separated by a distance of an | 9 |
| one-quarter mile or more must be licensed individually as a dog | 10 |
| breeder. | 11 |
| (f) All dog breeders and commercial dog breeders under this | 12 |
| Act must maintain records of the origin and sale of all dogs, | 13 |
| and such records must be made available for inspection upon | 14 |
| demand by the Division, the Illinois Department of Agriculture, | 15 |
| the appropriate county animal control agency, or the | 16 |
| appropriate local law enforcement. Records must be maintained | 17 |
| for at least 5 years and must include the following: | 18 |
| (1) The date on which a dog enters the operation. | 19 |
| (2) The person from whom the dog was purchased or | 20 |
| obtained, including the address and phone number of that | 21 |
| person. | 22 |
| (3) A description of the dog, color, breed, sex, and | 23 |
| approximate age and weight upon arrival. | 24 |
| (4) Any tattoo, microchip number, or other | 25 |
| identification number carried by or appearing on the dog. | 26 |
| (5) Each date that puppies were born to that dog and |
|
|
|
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| 1 |
| the number of puppies. | 2 |
| (6) All medical care and vaccinations provided to the | 3 |
| dog. | 4 |
| (7) The disposition of each dog and the date. | 5 |
| (8) Records that show compliance with Sections | 6 |
| 18.05(1) of this Act. | 7 |
| (9) Copies of disclosures required under Section 3.15 | 8 |
| of this Act. | 9 |
| (g) Every calendar year the following information must be | 10 |
| reported to the Department by the dog breeder or commercial dog | 11 |
| breeder: | 12 |
| (1) Number of unaltered females over one year. | 13 |
| (2) Number of unaltered males over one year. | 14 |
| (3) Number of puppies born. | 15 |
| (4) Number of puppies sold whether sold directly to a | 16 |
| consumer, to a retail pet shop, via the internet, through | 17 |
| wholesale exchange, or offering them for adoption with a | 18 |
| charge or donation. | 19 |
| (5) Number of dogs that were found dead in their | 20 |
| enclosure. | 21 |
| (6) Number of dogs that were euthanized. | 22 |
| (225 ILCS 605/18.05 new)
| 23 |
| Sec. 18.05. Primary enclosure; indoor housing facility; | 24 |
| commercial dog breeder. | 25 |
| (a) If a commercial dog breeder keeps dogs in primary |
|
|
|
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LRB096 04209 ASK 23256 a |
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| 1 |
| enclosures, which includes cages, kennels, and runs, the | 2 |
| commercial dog breeder must: | 3 |
| (1) Ensure that the primary enclosure contains potable | 4 |
| water that is not frozen, that is free from debris, and is | 5 |
| readily accessible to all dogs at all times. | 6 |
| (2) Store all food in a manner that prevents spoilage, | 7 |
| vermin infestation, and contamination. | 8 |
| (3) Provide all dogs at least daily with adequate food. | 9 |
| (4) Clean and sanitize the food and water receptacles | 10 |
| on a weekly basis so as to comply with subparagraphs (1) | 11 |
| and (2). | 12 |
| (5) Remove feces, urine, hair, dirt, debris, and food | 13 |
| waste from the primary enclosures and sanitize them at | 14 |
| least daily, or more often if necessary, to prevent an | 15 |
| accumulation and to reduce disease hazards, insects, | 16 |
| pests, and odors. | 17 |
| (6) Remove all dogs from the primary enclosures when | 18 |
| sanitization or cleaning with pressurized water or | 19 |
| chemicals occurs. | 20 |
| (7) Ensure that all primary enclosures are impervious | 21 |
| to moisture and able to be sanitized. | 22 |
| (8) Ensure that the flooring of primary enclosures | 23 |
| shall: | 24 |
| (A) Be strong enough so that the floor does not sag | 25 |
| or bend between structural supports. Floors that are | 26 |
| warped or sagging shall be replaced. |
|
|
|
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| 1 |
| (B) Not be able to be destroyed through digging or | 2 |
| chewing by the dogs housed in the primary enclosure. | 3 |
| (C) Not permit the feet of any dog housed in the | 4 |
| primary enclosure to pass through openings in the | 5 |
| floor. | 6 |
| (D) Not be metal strand or wire, whether or not it | 7 |
| is coated, and shall not be sloped more than 0.25 | 8 |
| inches per foot. | 9 |
| (E) Shall have floors and cages without any sharp | 10 |
| points or edges that could injure the dogs. | 11 |
| (F) If constructed with slats, meet all of the | 12 |
| following conditions: | 13 |
| (i) Slats shall be flat. | 14 |
| (ii) Slats shall have spaces in between that | 15 |
| are no more than 0.5 inches in width. | 16 |
| (iii) Slats shall have spaces between them | 17 |
| that run the length or the width of the floor, but | 18 |
| not both. | 19 |
| (iv) Slats shall be no less than 3.5 inches in | 20 |
| width. | 21 |
| (v) Slats shall be level with the slat next to | 22 |
| it within a single primary enclosure. | 23 |
| (vi) Slats shall be constructed of a material | 24 |
| that is impervious to moisture, able to be cleaned | 25 |
| and sanitized, and that is not treated with any | 26 |
| substance that would be toxic to dogs that are |
|
|
|
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| 1 |
| exposed to it or ingest it. | 2 |
| (9) Ensure that all cages include a solid surface, | 3 |
| which may be removable for cleaning. The solid surface must | 4 |
| be large enough for all the dogs in the enclosure to lie | 5 |
| down in a full lateral recumbent position. | 6 |
| (10) Ensure that the primary enclosures provide enough | 7 |
| space to allow each dog to turn about freely, to stand, | 8 |
| sit, and lie in a comfortable and normal position. The dog | 9 |
| must be able to lie down while fully extended without the | 10 |
| dog's head, tail, legs, face, or feet touching any side of | 11 |
| the enclosure and without touching any other dog in the | 12 |
| cage. Commercial dog breeders shall also comply with | 13 |
| federal law requiring a specified amount of space as found | 14 |
| in 9 C.F.R. 3.6(c)(1) and multiply the calculated | 15 |
| dimensions by 2. For the second dog placed in the primary | 16 |
| enclosure the minimum floor space shall be doubled. The | 17 |
| floor space shall be calculated using the longest dog. For | 18 |
| each dog above 2, the minimum floor space shall by | 19 |
| multiplied by 1.5 per additional dog. | 20 |
| (11) Ensure that each breeding female with nursing | 21 |
| puppies is provided with an additional amount of floor | 22 |
| space based on her breed and behavioral characteristics and | 23 |
| in accordance with generally accepted husbandry practices. | 24 |
| (12) Ensure that all dogs housed in the same primary | 25 |
| enclosure must be compatible, as determined by | 26 |
| observation. |
|
|
|
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| 1 |
| (A) Dogs with an aggressive disposition must be | 2 |
| housed individually. | 3 |
| (B) Breeding females in heat may not be housed in | 4 |
| the same primary enclosure with sexually mature males, | 5 |
| except for breeding. | 6 |
| (C) Breeding females with litters may not be housed | 7 |
| in the same primary enclosure with other adult dogs, | 8 |
| and puppies under 12 weeks of age may not be housed in | 9 |
| the same primary enclosure with adult dogs, other than | 10 |
| the dam or foster dam. | 11 |
| (13) Ensure that primary enclosures are placed no | 12 |
| higher than 30 inches above the floor of the housing | 13 |
| facility and may not be placed over or stacked on top of | 14 |
| another cage or primary enclosure. | 15 |
| (14) Ensure that each primary enclosure has an entry | 16 |
| way that allows each dog unfettered clearance to an outdoor | 17 |
| run that is not accessible to other primary enclosures. | 18 |
| Each entry way from a primary enclosure to an outdoor run | 19 |
| area must be equipped with a wind or rain break which | 20 |
| protects the dogs from rain, snow, sun, and wind while in | 21 |
| their primary enclosures. The commercial dog breeder must | 22 |
| ensure that each run: | 23 |
| (A) Be at least 2 times the size of the primary | 24 |
| enclosure as required under Section 18.05 (2)(D). | 25 |
| (B) Has adequate means to prevent the dogs from | 26 |
| escaping or allowing predators to enter the run. |
|
|
|
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| 1 |
| (C) Be kept in good repair and free of rust, jagged | 2 |
| edges, or other defects that could cause injury to the | 3 |
| dogs. | 4 |
| (D) Be sanitized at least daily, or more often if | 5 |
| necessary, to prevent accumulation of debris and waste | 6 |
| and reduce disease hazards, insects, pests, and odors. | 7 |
| (E) Be surfaced with concrete or other impervious | 8 |
| material, but designed to permit the surface to be | 9 |
| cleaned and kept free from excessive accumulation of | 10 |
| animal waste. | 11 |
| (F) Be on ground level. | 12 |
| (G) Allows for adequate drainage, including | 13 |
| gutters and discharge of any fluid or content into a | 14 |
| sewer, septic tank, or filter field, and complies with | 15 |
| any local zoning. | 16 |
| This paragraph (14) shall not apply to indoor housing | 17 |
| facilities which, on or before the date of enactment of | 18 |
| this Section, were located below ground level and are | 19 |
| constructed in a manner that prohibits the commercial dog | 20 |
| breeder from providing dogs with access to an outdoor run | 21 |
| or whose indoor housing facility is located in a home. For | 22 |
| such indoor housing facilities, all primary enclosures | 23 |
| shall open into and be adjacent to an indoor run area. Each | 24 |
| indoor run shall only be accessible from one primary | 25 |
| enclosure. Dogs shall not be able to access runs that are | 26 |
| accessible from other primary enclosures. Dogs must have |
|
|
|
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LRB096 04209 ASK 23256 a |
|
| 1 |
| unfettered clearance from their primary enclosures to the | 2 |
| indoor run area. The provisions of subparagraphs (A) | 3 |
| through (E) of this paragraph (14) shall apply to any | 4 |
| indoor runs required under this subsection. | 5 |
| (b) If the commercial dog breeder keeps a dog in an indoor | 6 |
| housing facility, the indoor housing facility must: | 7 |
| (1) Be sufficiently heated and cooled to protect the | 8 |
| dogs from temperature or humidity extremes and to provide | 9 |
| for their health and well-being. The ambient temperature in | 10 |
| the facility must not fall below 50 degrees Fahrenheit. The | 11 |
| ambient temperature must not rise above 85 degrees | 12 |
| Fahrenheit. The temperature requirement may be waived if a | 13 |
| veterinarian specifies in writing that in the case of an | 14 |
| individual breeder, the breeding facility and the breed of | 15 |
| the dog housed therein is able to withstand temperatures | 16 |
| lower than 50 degrees without discomfort or the potential | 17 |
| for harm to the dog(s) as a result of the temperature. | 18 |
| (2) Be sufficiently ventilated at all times to minimize | 19 |
| odors, drafts, ammonia levels and to prevent moisture | 20 |
| condensation. | 21 |
| (3) Be equipped with a working smoke alarm and shall | 22 |
| have a means of fire suppression, such as a functioning | 23 |
| fire extinguishers or a functioning sprinkler system on the | 24 |
| premises. | 25 |
| (4) Be an enclosure created by the continuous | 26 |
| connection of a roof, floor, and walls; and |
|
|
|
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|
| 1 |
| (5) Have at least one door for entry and exit that can | 2 |
| be opened and closed (any windows or openings which provide | 3 |
| natural light must be covered with a transparent material | 4 |
| such as glass or hard plastic) or in the case of an outdoor | 5 |
| run a wind or rain break shall be provided; | 6 |
| (6) Have sufficient lighting to allow for observation | 7 |
| of the dogs; | 8 |
| (7) The area surrounding the indoor housing facility | 9 |
| must be kept clean and in good repair to protect the dogs | 10 |
| from injury, to facilitate the husbandry practices | 11 |
| required in this act and to reduce or eliminate breeding | 12 |
| and living areas for rodents and other pests and vermin. | 13 |
| Premises must be kept free of accumulations of trash, junk, | 14 |
| waste products, and discarded matter. Weeds, grasses and | 15 |
| bushes must be controlled so as to facilitate cleaning of | 16 |
| the premises and pest control and to protect the health and | 17 |
| well-being of the dogs. | 18 |
| (c) This Section applies beginning one year after the | 19 |
| effective date of this amendatory Act of the 96th General | 20 |
| Assembly. | 21 |
| (225 ILCS 605/18.06 new) | 22 |
| Sec. 18.06. Additional requirements for pet shop | 23 |
| operators. | 24 |
| (a) Pet shop operators shall only acquire dogs from | 25 |
| breeders that are duly licensed under this Act if required to |
|
|
|
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LRB096 04209 ASK 23256 a |
|
| 1 |
| be so licensed, and licensed as a breeder by the United States | 2 |
| Department of Agriculture as defined by 7 U.S.C. §2131 at the | 3 |
| time the dog is bred and at the time of sale if required to be | 4 |
| so licensed. | 5 |
| (b) If a pet shop operator keeps dogs in primary | 6 |
| enclosures, which includes cages, kennels, and runs, he or she | 7 |
| must: | 8 |
| (1) Ensure that the primary enclosure contains potable | 9 |
| water that is not frozen, that is free from debris, and is | 10 |
| readily accessible to all dogs at all times. | 11 |
| (2) Store all food in a manner that prevents spoilage, | 12 |
| vermin infestation, and contamination. | 13 |
| (3) Provide all dogs at least daily with adequate food. | 14 |
| (4) Clean and sanitize the food and water receptacles | 15 |
| on a weekly basis so as to comply with subparagraphs (1) | 16 |
| and (2). | 17 |
| (5) Remove feces, urine, hair, dirt, debris, and food | 18 |
| waste from the primary enclosures and sanitize them at | 19 |
| least daily, or more often if necessary, to prevent an | 20 |
| accumulation and to reduce disease hazards, insects, | 21 |
| pests, and odors. | 22 |
| (6) Ensure that the dogs are removed from the primary | 23 |
| enclosure when cleaning occurs. | 24 |
| (7) Ensure that all floors are constructed in a manner | 25 |
| that protects the dogs' feet and legs from injury and that: | 26 |
| (A) all cages include a solid surface, which may be |
|
|
|
09600SB0053sam001 |
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|
| 1 |
| removable for cleaning, the solid surface must be large | 2 |
| enough for all the dogs in the enclosure to lie down in | 3 |
| a full lateral recumbent position simultaneously; | 4 |
| (B) all floors that are warped or sagging are | 5 |
| replaced; and | 6 |
| (C) all floors and cages have no sharp points or | 7 |
| edges that could injure the dogs. | 8 |
| (8) Provide space to allow each dog to turn about | 9 |
| freely, to stand, sit, and lie in a comfortable and normal | 10 |
| position. The dog must be able to lie down while fully | 11 |
| extended without the dog's head, tail, legs, face or feet | 12 |
| touching any side of the enclosure and without touching any | 13 |
| other dog in the cage. Pet Shop Operators shall also comply | 14 |
| with federal law requiring a specified amount of space as | 15 |
| found in 9 C.F.R. § 3.6(c)(1). For the second dog placed in | 16 |
| the primary enclosure the minimum floor space shall be | 17 |
| doubled. The floor space shall be calculated using the | 18 |
| longest dog. For each dog above two, the minimum floor | 19 |
| space shall by multiplied by 1.5 per additional dog. This | 20 |
| paragraph (8) applies beginning one year after the | 21 |
| effective date of this amendatory Act of the 96th General | 22 |
| Assembly. | 23 |
| (9) Ensure that all dogs housed in the same primary | 24 |
| enclosure must be compatible, as determined by | 25 |
| observation. | 26 |
| (A) Not more than 3 dogs that are 5 months or older |
|
|
|
09600SB0053sam001 |
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|
| 1 |
| may be housed in the cage, kennel or run. | 2 |
| (B) Dogs with a vicious or aggressive disposition | 3 |
| must be housed individually. | 4 |
| (10) Ensure that all structures or dwellings where dogs | 5 |
| are kept are sufficiently heated and cooled to protect the | 6 |
| dogs from temperature or humidity extremes and to provide | 7 |
| for their health and well-being. The ambient temperature in | 8 |
| the facility must not fall below 50 degrees F. The ambient | 9 |
| temperature must not rise above 85 degrees F. | 10 |
| (11) Ensure that all structures or dwellings where dogs | 11 |
| are kept are sufficiently ventilated at all times to | 12 |
| minimize odors, drafts, ammonia levels and to prevent | 13 |
| moisture condensation | 14 |
| (12) Ensure that all structures or dwellings where dogs | 15 |
| are kept are equipped with a working smoke alarm and shall | 16 |
| have a means of fire suppression, such as a functioning | 17 |
| fire extinguishers or a functioning sprinkler system on the | 18 |
| premises. | 19 |
| (13) Ensure that, if the primary enclosures are | 20 |
| stacked, a tray or other department-approved device is | 21 |
| utilized which will prevent urine, feces, and other debris | 22 |
| from passing onto or being discharged onto the underlying | 23 |
| primary enclosure and that: | 24 |
| (A) The tray or approved device must be impermeable to | 25 |
| water and capable of being easily sanitized; and | 26 |
| (B) The tray or approved device must cleaned and be |
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| sanitized of all feces, urine, hair, dirt, and debris and | 2 |
| food waste must be removed from primary enclosure at least | 3 |
| daily or more often if necessary to prevent an accumulation | 4 |
| and to reduce disease hazards, insects, pests and odors. | 5 |
| (14) A pet shop operator shall provide an area separate | 6 |
| from other dogs for the isolation of any dog that appears | 7 |
| to be affected with any infectious or contagious disease, | 8 |
| parasitism, or physical injuries. The isolation area must | 9 |
| be physically separate from the area of the general | 10 |
| population so that there can be no contact between the | 11 |
| isolated animal and animals in the general population. Dogs | 12 |
| may be returned to the general kennel population after an | 13 |
| examination, treatment, if required, and written release | 14 |
| from a licensed veterinarian. Nothing in this subsection | 15 |
| shall require nursing mothers to be separated from their | 16 |
| litters. | 17 |
| (225 ILCS 605/18.5 new) | 18 |
| Sec. 18.5. Animal welfare issues. The Department must refer | 19 |
| any possible violation of Sections 3.01, 3.02, 3.03, and 4.01 | 20 |
| of the Humane Care for Animals Act or Section 26-5 of the | 21 |
| Criminal Code of 1961 within 24 hours of the Department | 22 |
| becoming knowledgeable about the possible violation to the | 23 |
| appropriate local county animal control, law enforcement, or | 24 |
| the county States Attorney. Nothing in this Act prevent the | 25 |
| Department from further investigation and prosecution under |
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| the Humane Care for Animals Act or the Animal Welfare Act. | 2 |
| (225 ILCS 605/20.1 new) | 3 |
| Sec. 20.1. Unlicensed practice as a dog breeder or | 4 |
| commercial dog breeder; violation; civil penalty. | 5 |
| (a) Any person operating as a dog breeder or a commercial | 6 |
| dog breeder without a license under this act must in addition | 7 |
| to any other penalty provided by law, pay a civil penalty to | 8 |
| the Department in an amount not to exceed $5,000 for each | 9 |
| offense as determined by the Department. The civil penalty | 10 |
| shall be assessed by the Department after a hearing is held in | 11 |
| accordance with the provisions set forth in this Act regarding | 12 |
| the provision of a hearing for the discipline of a licensee. | 13 |
| (b) The Department has the authority and power to | 14 |
| investigate any unlicensed activity. | 15 |
| (c) The civil penalty shall be paid within 60 days after | 16 |
| the effective date of the order imposing the civil penalty. The | 17 |
| order shall constitute a judgment and may be filed and | 18 |
| execution had thereon in the same manner as any judgment from | 19 |
| any court of record. | 20 |
| (d) The Department may also issue a cease and desist order | 21 |
| to any person doing business without the required license. The | 22 |
| order shall set forth the general factual and legal basis for | 23 |
| the action and shall advise the affected person that within | 24 |
| seven days of receipt of the order, he may file with the | 25 |
| secretary a written request for an administrative hearing. The |
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| order to cease and desist shall become a final order of the | 2 |
| department upon expiration of the seven-day period for | 3 |
| requesting an administrative hearing, unless a timely request | 4 |
| has been filed with the department. An unlicensed dog breeder | 5 |
| or commercial dog breeder who receives a cease and desist order | 6 |
| shall dispose of all dogs within 10 calendar days of receiving | 7 |
| the order. The unlicensed dog breeder or commercial dog breeder | 8 |
| may only dispose of the dogs to an animal control facility or | 9 |
| Illinois licensed shelter or by having a dog humanely | 10 |
| euthanized by a licensed veterinarian unless otherwise | 11 |
| authorizes in writing by the Department of Agriculture, which | 12 |
| may include to a licensed dog breeder or licensed commercial | 13 |
| dog breeder. Failure to comply will result in forfeiture of the | 14 |
| dogs in a manner approved by the Department and the imposition | 15 |
| of a civil penalty by the Department in an amount not to exceed | 16 |
| $5,000 for each offense. | 17 |
| (e) An unlicensed dog breeder or commercial dog breeder | 18 |
| that requests a hearing and applies for a license under this | 19 |
| act within 10 calendar days of receiving the cease and desist | 20 |
| order does not have to comply with subsection (b). However, | 21 |
| until a license is granted, the unlicensed dog breeder or | 22 |
| commercial dog breeder shall not breed or sell any dog without | 23 |
| prior written authorization by the Department of Agriculture. | 24 |
| (225 ILCS 605/20.5) | 25 |
| Sec. 20.5. Administrative fines. The following |
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| administrative fines shall be imposed by the Department upon | 2 |
| any person or entity who violates any provision of this Act or | 3 |
| any rule adopted by the Department under this Act , except as | 4 |
| specified in Sections 10.5 and 20.1 of this Act : | 5 |
| (1) For the first violation, a fine of $200. | 6 |
| (2) For a second violation that occurs within 3 years | 7 |
| after the first violation, a fine of $500. | 8 |
| (3) For a third violation that occurs within 3 years | 9 |
| after the first violation, mandatory 12 month suspension | 10 |
| probationary status and a fine of $1,000.
| 11 |
| (4) For a fourth violation occurring within 4 years of | 12 |
| the first violation, mandatory revocation for a period of | 13 |
| at least 5 years and a fine of $5,000. | 14 |
| (Source: P.A. 95-550, eff. 6-1-08 .) | 15 |
| (225 ILCS 605/23 new) | 16 |
| Sec. 23. Severability. If any provision of this Act or the | 17 |
| application of any provision of this Act to any person or | 18 |
| circumstance is held invalid, the invalidity does not affect | 19 |
| other provisions or applications of this Act that can be given | 20 |
| effect without the invalid provision or application, and for | 21 |
| this purpose the provisions of this Act are severable.
| 22 |
| Section 99. Effective date. This Act takes effect on | 23 |
| January 1, 2010.".
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