Bill Text: IL SB1230 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: 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. Provides that a person who sells dogs at retail to the public, shall not be considered an animal shelter under the Act. Defines "at retail to the public". Provides that the Illinois Department of Agriculture may refuse to issue or renew or may suspend or revoke a license for operating without a proper license under the Act.

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Engrossed) 2023-04-28 - Rule 19(a) / Re-referred to Rules Committee [SB1230 Detail]

Download: Illinois-2023-SB1230-Engrossed.html

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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 and 10 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 at retail
to the public. 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 dogs
at retail to the public or 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.
"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

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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.
"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 having
tax-exempt status under Section 501(c)(3) of the Internal
Revenue Code for the purpose of providing for and promoting
the welfare, protection, and humane treatment of animals. An
organization that does not have its own building that
maintains animals solely in foster homes or other licensees is
an "animal shelter" for purposes of this Act. "Animal shelter"
also means any veterinary hospital or clinic operated by a

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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. However, a person who sells dogs at retail to the
public shall not be considered an animal shelter under this
Act.
"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 or animal control facility,
not to exceed 4 foster animals or 2 litters under 8 weeks of
age at any given time. A written agreement to operate as a
"foster home" shall be contracted with the animal shelter or
animal control facility.
"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

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and controlling livestock or farm animals, nor does it include
personally owned pets that also provide security.
"Return" in return to field or trap, neuter, return
program means to return the cat to field after it has been
sterilized and vaccinated for rabies.
"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, vaccinate for rabies, and return
program.
"Offer for sale" means to sell, exchange for
consideration, offer for adoption, advertise for the sale of,
barter, auction, give away, or otherwise dispose of animals.
"At retail to the public" means the selling or offering
for sale, whether by appointment or otherwise, companion
animals at a brick-and-mortar establishment that were obtained

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from breeders or brokers for compensation and not bred on its
premises.
(Source: P.A. 101-81, eff. 7-12-19; 101-295, eff. 8-9-19;
102-586, eff. 2-23-22.)
(225 ILCS 605/10) (from Ch. 8, par. 310)
Sec. 10. Grounds for discipline. The Department may refuse
to issue or renew or may suspend or revoke a license on any one
or more of the following grounds:
a. material misstatement in the application for
original license or in the application for any renewal
license under this Act;
b. a violation of this Act or of any regulations or
rules issued pursuant thereto;
c. aiding or abetting another in the violation of this
Act or of any regulation or rule issued pursuant thereto;
d. allowing one's license under this Act to be used by
an unlicensed person;
e. for licensees, conviction of any crime an essential
element of which is misstatement, fraud or dishonesty or
conviction of any felony, if the Department determines,
after investigation, that such person has not been
sufficiently rehabilitated to warrant the public trust;
for applicants, the Department may refuse to issue a
license based on a conviction of any felony or a
misdemeanor directly related to the practice of the

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profession if the Department determines in accordance with
Section 4 that such conviction will impair the ability of
the applicant to engage in the position for which a
license is sought;
f. conviction of a violation of any law of Illinois
except minor violations such as traffic violations and
violations not related to the disposition of dogs, cats
and other animals or any rule or regulation of the
Department relating to dogs or cats and sale thereof;
g. making substantial misrepresentations or false
promises of a character likely to influence, persuade or
induce in connection with the business of a licensee under
this Act;
h. pursuing a continued course of misrepresentation of
or making false promises through advertising, salesman,
agents or otherwise in connection with the business of a
licensee under this Act;
i. failure to possess the necessary qualifications or
to meet the requirements of the Act for the issuance or
holding a license; or
j. proof that the licensee is guilty of gross
negligence, incompetency, or cruelty with regard to
animals; or .
k. operating without a proper license under this Act.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the

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tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
The Department may order any licensee to cease operation
for a period not to exceed 72 hours to correct deficiencies in
order to meet licensing requirements.
If the Department revokes a license under this Act at an
administrative hearing, the licensee and any individuals
associated with that license shall be prohibited from applying
for or obtaining a license under this Act for a minimum of 3
years.
(Source: P.A. 99-310, eff. 1-1-16; 100-286, eff. 1-1-18.)