Bill Text: IL HB5807 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Animal Welfare Act. Provides that a pet shop operator may offer a dog, cat, or rabbit for sale only if the pet shop operator has obtained the dog, cat, or rabbit from an animal control facility, animal shelter, or rescue group. Provides that a pet shop operator shall maintain specified records of each dog, cat, or rabbit sold. Provides that the pet shop operator shall post a sign on the cage or enclosure of the animal listing the name of the animal control facility, animal shelter, or rescue group from which the animal was obtained. Provides for administrative fine for each violation of the provisions. Provides that the provisions do not prohibit a unit of local government from adopting requirements that are more protective of animal welfare than those set forth in the provisions. Makes conforming changes throughout the Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5807 Detail]

Download: Illinois-2017-HB5807-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5807 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED:
225 ILCS 605/2 from Ch. 8, par. 302
225 ILCS 605/3.8
225 ILCS 605/20 from Ch. 8, par. 320
225 ILCS 605/20.5
Amends the Animal Welfare Act. Provides that a pet shop operator may offer a dog, cat, or rabbit for sale only if the pet shop operator has obtained the dog, cat, or rabbit from an animal control facility, animal shelter, or rescue group. Provides that a pet shop operator shall maintain specified records of each dog, cat, or rabbit sold. Provides that the pet shop operator shall post a sign on the cage or enclosure of the animal listing the name of the animal control facility, animal shelter, or rescue group from which the animal was obtained. Provides for administrative fine for each violation of the provisions. Provides that the provisions do not prohibit a unit of local government from adopting requirements that are more protective of animal welfare than those set forth in the provisions. Makes conforming changes throughout the Act. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
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, 3.8, 20, and 20.5 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, rabbits, 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

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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.
"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,

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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.
"Foster home" means an entity that accepts the
responsibility for stewardship of animals that are the

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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

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a trap, spay/neuter, return or release program.
(Source: P.A. 99-310, eff. 1-1-16.)
(225 ILCS 605/3.8)
Sec. 3.8. Sourcing of dogs, and cats, or rabbits sold by
pet shops.
(a) As used in this Section, a "rescue group" means an
organization that is tax exempt under Section 501 (c)(3) of the
Internal Revenue Code and that does not obtain animals from
breeders or brokers for compensation.
(b) A pet shop operator may offer a dog, cat, or rabbit for
sale only if the pet shop operator has obtained the dog, cat,
or rabbit from an animal control facility, animal shelter, or
rescue group that is in a cooperative agreement with at least
one animal shelter.
(c) A pet shop operator shall maintain records sufficient
to document the source of each dog, cat, or rabbit the pet shop
operator sells or for which the pet shop operator provides
space for at least one year following the date of acquisition.
(d) A pet shop operator shall post, in a conspicuous
location on the cage or enclosure of each animal, a sign
listing the name of the animal control facility, animal
shelter, or rescue group from which the dog, cat, or rabbit was
obtained. Animal control facilities or animal shelters may
periodically require pet shop operators engaged in sales of
dogs, cats, or rabbits to provide access to these records.

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(e) This Section does not prohibit a unit of local
government from adopting requirements that are more protective
of animal welfare than those set forth in this Section.
(a) A pet shop operator may not obtain a dog or cat for
resale or sell or offer for sale any dog or cat obtained from a
person who is required to be licensed by the pet dealer
regulations of the United States Department of Agriculture
under the federal Animal Welfare Act (7 U.S.C. 2131 et seq.) if
any of the following applies to the original breeder:
(1) The person is not currently licensed by the United
States Department of Agriculture under the federal Animal
Welfare Act.
(2) During the 2-year period before the day the dog or
cat is received by the pet shop, the person received a
direct or critical non-compliant citation on a final
inspection report from the United States Department of
Agriculture under the federal Animal Welfare Act.
(3) During the 2-year period before the day the dog or
cat is received by the pet shop, the person received 3 or
more non-compliant citations on a final inspection report
from the United States Department of Agriculture for
violations relating to the health or welfare of the animal
and the violations were not administrative in nature.
(4) The person received a no-access violation on each
of the 3 most recent final inspection reports from the
United States Department of Agriculture.

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(b) A pet shop operator is presumed to have acted in good
faith and to have satisfied its obligation to ascertain whether
a person meets the criteria described in subsection (a) of this
Section if, when placing an order to obtain a dog or cat for
sale or resale, the pet shop operator conducts a search for
inspection reports that are readily available of the breeder on
the Animal Care Information System online search tool
maintained by the United States Department of Agriculture. If
inspection reports are not readily available on the United
States Department of Agriculture website, the pet shop operator
must obtain the inspection reports from the person or persons
required to meet the criteria described in subsection (a) of
this Section.
(c) Notwithstanding subsections (a) and (b) of this
Section, a pet shop operator may obtain a dog or cat for resale
or sell or offer for sale any dog or cat obtained from: (1) a
person that sells dogs only he or she has produced and raised
and who is not required to be licensed by the United States
Department of Agriculture, (2) a publicly operated pound or a
private non-profit humane society or rescue, or (3) an animal
adoption event conducted by a pound or humane society.
(d) A pet shop operator shall maintain records verifying
its compliance with this Section for 2 years after obtaining
the dog or cat to be sold or offered for sale. Records
maintained pursuant to this subsection (d) shall be open to
inspection on request by a Department of Agriculture inspector.

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(Source: P.A. 100-322, eff. 8-24-17.)
(225 ILCS 605/20) (from Ch. 8, par. 320)
Sec. 20. Any person violating any provision of this Act,
other than a violation of Section 3.8 of this Act, or any rule,
regulation or order of the Department issued pursuant to this
Act is guilty of a Class C misdemeanor and every day a
violation continues constitutes a separate offense.
(Source: P.A. 89-178, eff. 7-19-95.)
(225 ILCS 605/20.5)
Sec. 20.5. Administrative fines.
(a) The following administrative fines shall be imposed by
the Department upon any person or entity who violates any
provision of this Act or any rule adopted by the Department
under this Act:
(1) For the first violation, a fine of $500.
(2) For a second violation that occurs within 3 years
after the first violation, a fine of $1,000.
(3) For a third violation that occurs within 3 years
after the first violation, mandatory probationary status
and a fine of $2,500.
(b) A pet shop operator who violates Section 3.8 is subject
to an administrative fine of $500. Each animal offered for sale
in violation of Section 3.8 is a separate violation.
(Source: P.A. 98-855, eff. 8-4-14.)

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Section 99. Effective date. This Act takes effect upon
becoming law.