Public Act 100-0842
 
HB5029 EnrolledLRB100 16345 SLF 31471 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Animal Welfare Act is amended by changing
Sections 2, 2.2, 3, and 3.1 as follows:
 
    (225 ILCS 605/2)  (from Ch. 8, par. 302)
    Sec. 2. Definitions. As used in this Act unless the context
otherwise requires:
    "Department" means the Illinois Department of Agriculture.
    "Director" means the Director of the Illinois Department of
Agriculture.
    "Pet shop operator" means any person who sells, offers to
sell, exchange, or offers for adoption with or without charge
or donation dogs, cats, birds, fish, reptiles, or other animals
customarily obtained as pets in this State. However, a person
who sells only such animals that he has produced and raised
shall not be considered a pet shop operator under this Act, and
a veterinary hospital or clinic operated by a veterinarian or
veterinarians licensed under the Veterinary Medicine and
Surgery Practice Act of 2004 shall not be considered a pet shop
operator under this Act.
    "Dog dealer" means any person who sells, offers to sell,
exchange, or offers for adoption with or without charge or
donation dogs in this State. However, a person who sells only
dogs that he has produced and raised shall not be considered a
dog dealer under this Act, and a veterinary hospital or clinic
operated by a veterinarian or veterinarians licensed under the
Veterinary Medicine and Surgery Practice Act of 2004 shall not
be considered a dog dealer under this Act.
    "Secretary of Agriculture" or "Secretary" means the
Secretary of Agriculture of the United States Department of
Agriculture.
    "Person" means any person, firm, corporation, partnership,
association or other legal entity, any public or private
institution, the State of Illinois, or any municipal
corporation or political subdivision of the State.
    "Kennel operator" means any person who operates an
establishment, other than an animal control facility,
veterinary hospital, or animal shelter, where dogs or dogs and
cats are maintained for boarding, training or similar purposes
for a fee or compensation; or who sells, offers to sell,
exchange, or offers for adoption with or without charge dogs or
dogs and cats which he has produced and raised. A person who
owns, has possession of, or harbors 5 or less females capable
of reproduction shall not be considered a kennel operator.
    "Boarding" means a time frame greater than 12 hours or an
overnight period during which an animal is kept by a kennel
operator.
    "Cat breeder" means a person who sells, offers to sell,
exchanges, or offers for adoption with or without charge cats
that he or she has produced and raised. A person who owns, has
possession of, or harbors 5 or less females capable of
reproduction shall not be considered a cat breeder.
    "Dog breeder" means a person who sells, offers to sell,
exchanges, or offers for adoption with or without charge dogs
that he has produced and raised. A person who owns, has
possession of, or harbors 5 or less females capable of
reproduction shall not be considered a dog breeder.
    "Cattery operator" means any person who operates an
establishment, other than an animal control facility or animal
shelter, where cats are maintained for boarding, training or
similar purposes for a fee or compensation; or who sells,
offers to sell, exchange, or offers for adoption with or
without charges cats which he has produced and raised. A person
who owns, has possession of, or harbors 5 or less females
capable of reproduction shall not be considered a cattery
operator.
    "Animal control facility" means any facility operated by or
under contract for the State, county, or any municipal
corporation or political subdivision of the State for the
purpose of impounding or harboring seized, stray, homeless,
abandoned or unwanted dogs, cats, and other animals. "Animal
control facility" also means any veterinary hospital or clinic
operated by a veterinarian or veterinarians licensed under the
Veterinary Medicine and Surgery Practice Act of 2004 which
operates for the above mentioned purpose in addition to its
customary purposes.
    "Animal shelter" means a facility operated, owned, or
maintained by a duly incorporated humane society, animal
welfare society, or other non-profit organization for the
purpose of providing for and promoting the welfare, protection,
and humane treatment of animals. "Animal shelter" also means
any veterinary hospital or clinic operated by a veterinarian or
veterinarians licensed under the Veterinary Medicine and
Surgery Practice Act of 2004 which operates for the above
mentioned purpose in addition to its customary purposes.
    "Day care operator" means a person who operates an
establishment, other than an animal control facility,
veterinary hospital, or animal shelter, where dogs or dogs and
cats are kept for a period of time not exceeding 12 hours.
    "Foster home" means an entity that accepts the
responsibility for stewardship of animals that are the
obligation of an animal shelter, not to exceed 4 animals at any
given time. Permits to operate as a "foster home" shall be
issued through the animal shelter.
    "Guard dog service" means an entity that, for a fee,
furnishes or leases guard or sentry dogs for the protection of
life or property. A person is not a guard dog service solely
because he or she owns a dog and uses it to guard his or her
home, business, or farmland.
    "Guard dog" means a type of dog used primarily for the
purpose of defending, patrolling, or protecting property or
life at a commercial establishment other than a farm. "Guard
dog" does not include stock dogs used primarily for handling
and controlling livestock or farm animals, nor does it include
personally owned pets that also provide security.
    "Sentry dog" means a dog trained to work without
supervision in a fenced facility other than a farm, and to
deter or detain unauthorized persons found within the facility.
    "Probationary status" means the 12-month period following
a series of violations of this Act during which any further
violation shall result in an automatic 12-month suspension of
licensure.
    "Owner" means any person having a right of property in an
animal, who keeps or harbors an animal, who has an animal in
his or her care or acts as its custodian, or who knowingly
permits a dog to remain on any premises occupied by him or her.
"Owner" does not include a feral cat caretaker participating in
a trap, spay/neuter, return or release program.
(Source: P.A. 99-310, eff. 1-1-16.)
 
    (225 ILCS 605/2.2)  (from Ch. 8, par. 302.2)
    Sec. 2.2. No dog dealer, dog breeder, or cat breeder kennel
operator, or cattery operator shall separate a puppy or kitten
from its mother, for the purpose of sale, until such puppy or
kitten has attained the age of 8 weeks.
    All licensees under this Act shall maintain records of the
origin and sale of all dogs, and such records shall be made
available for inspection by the Secretary or the Department
upon demand. Such records must contain proof in proper form of
purebreds and their pedigree, and evidence of such proof must
be provided to any person acquiring a dog from a licensee under
this Act. In addition, guard dog services shall be required to
maintain records of transfer of ownership, death, or
disappearance of a guard dog or sentry dog used by that guard
dog service.
(Source: P.A. 89-178, eff. 7-19-95.)
 
    (225 ILCS 605/3)  (from Ch. 8, par. 303)
    Sec. 3. (a) Except as provided in subsection (b) of this
Section, no person shall engage in business as a pet shop
operator, dog dealer, kennel operator, day care operator, dog
breeder, or cat breeder cattery operator, or operate a guard
dog service, an animal control facility, or animal shelter, or
any combination thereof, in this State without a license
therefor issued by the Department. Only one license shall be
required for any combination of businesses at one location,
except that a separate license shall be required to operate a
guard dog service. Guard dog services that are located outside
this State but provide services within this State are required
to obtain a license from the Department. Out-of-state guard dog
services are required to comply with the requirements of this
Act with regard to guard dogs and sentry dogs transported to or
used within this State.
    (b) This Act does not apply to a private detective agency
or private security agency licensed under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004 that provides guard dog or
canine odor detection services and does not otherwise operate a
kennel for hire.
(Source: P.A. 95-613, eff. 9-11-07.)
 
    (225 ILCS 605/3.1)  (from Ch. 8, par. 303.1)
    Sec. 3.1. Information on dogs and cats for sale by a dog
dealer, dog breeder, or cat breeder or cattery operator. Every
dog dealer, dog breeder, and cat breeder and cattery operator
shall provide the following information for every dog or cat
available for sale:
        (a) The age, sex, and weight of the animal.
        (b) The breed of the animal.
        (c) A record of vaccinations and veterinary care and
    treatment.
        (d) A record of surgical sterilization or lack of
    surgical sterilization.
        (e) The name and address of the breeder of the animal.
        (f) The name and address of any other person who owned
    or harbored the animal between its birth and the point of
    sale.
        (g) Documentation that indicates that the dog or cat
    has been microchipped and the microchip has been enrolled
    in a nationally searchable database.
(Source: P.A. 100-322, eff. 8-24-17.)

Effective Date: 1/1/2019