SB1230 EngrossedLRB103 28195 AMQ 54574 b



1 AN ACT concerning regulation.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Animal Welfare Act is amended by changing 
5Sections 2 and 10 as follows:



6 (225 ILCS 605/2) (from Ch. 8, par. 302)


7 Sec. 2. Definitions. As used in this Act unless the 
8context otherwise
requires:

9 "Department" means the Illinois Department of Agriculture.

10 "Director" means the Director of the Illinois Department 
11of Agriculture.

12 "Pet shop operator" means any person who sells, offers to 
13sell,
exchange, or offers for adoption with or without charge 
14or donation dogs,
cats, birds, fish, reptiles, or other 
15animals customarily obtained as pets
in this State at retail 
16to the public. However, a person who sells only such animals 
17that he has
produced and raised shall not be considered a pet 
18shop operator under this
Act, and a veterinary hospital or 
19clinic operated by a veterinarian or
veterinarians licensed 
20under the Veterinary Medicine and Surgery Practice
Act of 2004 
21shall not be considered a pet shop operator under this
Act.

22 "Dog dealer" means any person who sells, offers to sell, 
23exchange, or
offers for adoption with or without charge or 
 
 
SB1230 Engrossed- 2 -LRB103 28195 AMQ 54574 b


1donation dogs in this State.
However, a person who sells dogs 
2at retail to the public or only dogs that he has produced and 
3raised shall
not be considered a dog dealer under this Act, and 
4a veterinary hospital or
clinic operated by a veterinarian or 
5veterinarians licensed under the
Veterinary Medicine and 
6Surgery Practice Act of 2004
shall not be considered a dog 
7dealer under this Act.

8 "Secretary of Agriculture" or "Secretary" means the 
9Secretary of
Agriculture of the United States Department of 
10Agriculture.

11 "Person" means any person, firm, corporation, partnership, 
12association
or other legal entity, any public or private 
13institution, the State of
Illinois, or any municipal 
14corporation or political subdivision of the
State.

15 "Kennel operator" means any person who operates an 
16establishment, other
than an animal control facility, 
17veterinary hospital, or animal
shelter, where dogs or dogs and 
18cats are maintained
for boarding, training or similar purposes 
19for a fee or compensation.

20 "Boarding" means a time frame greater than 12 hours or an 
21overnight period during which an animal is kept by a kennel 
22operator. 
23 "Cat breeder" means a person who sells, offers to sell, 
24exchanges, or offers for adoption with or without charge cats 
25that he or she has produced and raised. A person who owns, has 
26possession of, or harbors 5 or less females capable of 
 
 
SB1230 Engrossed- 3 -LRB103 28195 AMQ 54574 b


1reproduction shall not be considered a cat breeder. 
2 "Dog breeder" means a person who sells, offers to sell, 
3exchanges, or offers for adoption with or without charge dogs 
4that he has produced and raised. A person who owns, has 
5possession of, or harbors 5 or less females capable of 
6reproduction shall not be considered a dog breeder. 

7 "Animal control facility" means any facility operated by 
8or
under contract for the State,
county, or any municipal 
9corporation or political subdivision of the State
for the 
10purpose of impounding or harboring seized, stray, homeless,

11abandoned or unwanted dogs, cats, and other animals. "Animal 
12control
facility" also means any
veterinary hospital or clinic 
13operated by a veterinarian or veterinarians
licensed under the 
14Veterinary Medicine and Surgery Practice Act of 2004 which

15operates for the above mentioned purpose in addition to its 
16customary purposes.

17 "Animal shelter" means a facility operated, owned, or 
18maintained by a duly
incorporated humane society, animal 
19welfare society, or other non-profit
organization having 
20tax-exempt status under Section 501(c)(3) of the Internal 
21Revenue Code for the purpose of providing for and promoting 
22the welfare,
protection, and humane treatment of animals. An 
23organization that does not have its own building that 
24maintains animals solely in foster homes or other licensees is 
25an "animal shelter" for purposes of this Act. "Animal shelter" 
26also means any
veterinary hospital or clinic operated by a 
 
 
SB1230 Engrossed- 4 -LRB103 28195 AMQ 54574 b


1veterinarian or veterinarians
licensed under the Veterinary 
2Medicine and Surgery Practice Act of 2004 which
operates for 
3the above mentioned purpose in addition to its customary 
4purposes. However, a person who sells dogs at retail to the 
5public shall not be considered an animal shelter under this 
6Act. 

7 "Day care operator" means a person who operates an 
8establishment, other than an animal control facility, 
9veterinary hospital, or animal shelter, where dogs or dogs and 
10cats are kept for a period of time not exceeding 12 hours. 
11 "Foster home" means an entity that accepts the 
12responsibility for
stewardship of animals that are the 
13obligation of an animal shelter or animal control facility, 
14not to
exceed 4 foster animals or 2 litters under 8 weeks of 
15age at any given time. A written agreement to operate as a 
16"foster home"
shall be contracted with the animal shelter or 
17animal control facility.

18 "Guard dog service" means an entity that, for a fee, 
19furnishes or leases
guard or sentry dogs for the protection of 
20life or property. A person
is not a guard dog service solely 
21because he or she owns a dog and uses it to
guard his or her 
22home, business, or farmland.

23 "Guard dog" means a type of dog used primarily for the 
24purpose of defending,
patrolling, or protecting property or 
25life at a commercial establishment
other than a farm. "Guard 
26dog" does not include stock dogs used primarily for
handling 
 
 
SB1230 Engrossed- 5 -LRB103 28195 AMQ 54574 b


1and controlling livestock or farm animals, nor does it include

2personally owned pets that also provide security.

3 "Return" in return to field or trap, neuter, return 
4program means to return the cat to field after it has been 
5sterilized and vaccinated for rabies. 
6 "Sentry dog" means a dog trained to work without 
7supervision in a fenced
facility other than a farm, and to 
8deter or detain unauthorized persons found
within the 
9facility.

10 "Probationary status" means the 12-month period following 
11a series of violations of this Act during which any further 
12violation shall result in an automatic 12-month suspension of 
13licensure.

14 "Owner" means any person having a right of property in an 
15animal, who keeps or harbors an animal, who has an animal in 
16his or her care or acts as its custodian, or who knowingly 
17permits a dog to remain on any premises occupied by him or her. 
18"Owner" does not include a feral cat caretaker participating 
19in a trap, spay/neuter, vaccinate for rabies, and return 
20program. 
21 "Offer for sale" means to sell, exchange for 
22consideration, offer for adoption, advertise for the sale of, 
23barter, auction, give away, or otherwise dispose of animals.
24 "At retail to the public" means the selling or offering 
25for sale, whether by appointment or otherwise, companion 
26animals at a brick-and-mortar establishment that were obtained 
 
 
SB1230 Engrossed- 6 -LRB103 28195 AMQ 54574 b


1from breeders or brokers for compensation and not bred on its 
2premises. 
3(Source: P.A. 101-81, eff. 7-12-19; 101-295, eff. 8-9-19; 
4102-586, eff. 2-23-22.)




5 (225 ILCS 605/10) (from Ch. 8, par. 310)



6 Sec. 10. Grounds for discipline. The Department may refuse 
7to issue or
renew or may suspend or
revoke a license on any one 
8or more of the following grounds:

9  a. material misstatement in the application for 
10 original license or in
the application for any renewal 
11 license under this Act;

12  b. a violation of this Act or of any regulations
or

13 rules issued pursuant thereto;

14  c. aiding or abetting another in the violation of this 
15 Act or
of any regulation or rule issued pursuant thereto;

16  d. allowing one's license under this Act to be used by 
17 an unlicensed
person;

18  e. for licensees, conviction of any crime an essential 
19 element of which is
misstatement, fraud or dishonesty or 
20 conviction of any felony, if the
Department determines, 
21 after investigation, that such person has not been

22 sufficiently rehabilitated to warrant the public trust; 
23 for applicants, the Department may refuse to issue a 
24 license based on a conviction of any felony or a 
25 misdemeanor directly related to the practice of the 
 
 
SB1230 Engrossed- 7 -LRB103 28195 AMQ 54574 b


1 profession if the Department determines in accordance with 
2 Section 4 that such conviction will impair the ability of 
3 the applicant to engage in the position for which a 
4 license is sought;
 
5  f. conviction of a violation of any law of Illinois 
6 except minor
violations such as traffic violations and 
7 violations not related to the
disposition of dogs, cats 
8 and other animals or any rule or regulation of
the 
9 Department relating to dogs or cats and sale thereof;

10  g. making substantial misrepresentations or false 
11 promises of a
character likely to influence, persuade or 
12 induce in connection with the
business of a licensee under 
13 this Act;

14  h. pursuing a continued course of misrepresentation of 
15 or making false
promises through advertising, salesman, 
16 agents or otherwise in connection
with the business of a 
17 licensee under this Act;

18  i. failure to possess the necessary qualifications or 
19 to meet the
requirements of the Act for the issuance or 
20 holding a license; or

21  j. proof that the licensee is guilty of gross 
22 negligence,
incompetency, or cruelty with regard to 
23 animals; or .
24  k. operating without a proper license under this Act. 

25 The Department may refuse to issue or may suspend the 
26license
of any person who fails to file a return, or to pay the 
 
 
SB1230 Engrossed- 8 -LRB103 28195 AMQ 54574 b


1tax, penalty or
interest shown in a filed return, or to pay any 
2final assessment of tax,
penalty or interest, as required by 
3any tax Act administered by the
Illinois Department of 
4Revenue, until such time as the requirements of any
such tax 
5Act are satisfied.

6 The Department may order any licensee to cease operation 
7for a period not
to exceed 72 hours to correct deficiencies in 
8order to meet licensing
requirements.

9 If the Department revokes a license under this Act at an 
10administrative hearing, the licensee and any individuals 
11associated with that license shall be prohibited from applying 
12for or obtaining a license under this Act for a minimum of 3 
13years. 
14(Source: P.A. 99-310, eff. 1-1-16; 100-286, eff. 1-1-18.)