SB0053 96TH GENERAL ASSEMBLY

LRB096 04209 ASK 14254 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0053

Introduced 1/30/2009, by Sen. Dan Kotowski, Ira I. Silverstein and Terry Link

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 80/4.30 new
225 ILCS 605/2	from Ch. 8, par. 302
225 ILCS 605/2.2	from Ch. 8, par. 302.2
225 ILCS 605/3	from Ch. 8, par. 303
225 ILCS 605/3.1	from Ch. 8, par. 303.1
225 ILCS 605/3.13 new
225 ILCS 605/3.15 new
815 ILCS 505/2Z	from Ch. 121 1/2, par. 262Z

Creates the Dog Breeder License Act. Provides for the licensure of dog breeders with the Department of Financial and Professional Regulation beginning 6 months after the effective date of the Act. Sets forth powers and duties of the Department, licensure requirements, grounds for discipline, civil and criminal penalties for violation of the Act, and administrative procedure. Includes provisions concerning exemption from the Act. Provides that the Act does not limit the power of a unit of local government from regulating or licensing the practice of dog breeding in a stricter manner. Amends the Animal Welfare Act. Provides that pet shop operators must publicly disclose certain information regarding dogs for sale. Amends the Consumer Fraud and Deceptive Business Practices Act to provide that a licensee who intentionally makes false or misleading statements in connection with the disclosures required by the Dog Breeder License Act and the Animal Welfare Act are violations of the Consumer Fraud and Deceptive Business Practices Act. Amends the Regulatory Sunset Act to set a repeal date of January 1, 2020 for the new Act. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning dog breeders.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Dog Breeder License Act.

Section 5. Definitions. The following terms have the meanings indicated, unless the context requires otherwise:

"Department" means the Department of Financial and Professional Regulation.

"Division" means the Division of Professional Regulation of the Department of Financial and Professional Regulation.

"Director" means the Director of the Division of Professional Regulation.

"Dog" means any member of the subspecies Canis lupus familiaris.

"Indoor housing facility" means any structure or building that contains primary enclosures.

"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.

"Primary enclosure" means the primary structure that restricts a dog's ability to move, which includes a kennel, cage, or run.

"Sale" means the transfer of a dog to another person in any of the following ways:

(1) Offering directly to a consumer for purchase.

(2) Offering at a retail pet shop for purchase.

(3) Offering a dog on the internet for purchase.

(4) Offering a wholesale exchange.

(5) Offering a dog up for adoption with any charges or donation associated.

(6) Offering a dog up for research purposes.

"Sanitized" means cleaning hard surfaces and food and water receptacles using one of the following methods:

(1) Live steam under pressure.

(2) Washing with water with a temperature of at least 180 degrees Fahrenheit and soap or detergent, as with a mechanical cage washer.

(3) Washing all soiled surfaces with appropriate detergent solutions or disinfectant products followed by a clean water rinse that removes all organic material and mineral buildup.

"Secretary" means the Secretary of Financial and Professional Regulation.

"Unaltered dog" means any dog that is not spayed or neutered.

"Veterinarian" means a person holding the degree of Doctor of Veterinary Medicine who is licensed under the Illinois Veterinary Medicine and Surgery Practice Act of 2004.

Section 10. License requirements. Any person who maintains 3 or more female dogs for the purpose of the sale of their offspring must be licensed under this Act.

Section 15. Powers and duties of the Department.

(a) The Department exercises the powers and duties prescribed by the Civil Administrative Code of Illinois for the Administration of Licensure Acts and exercises other powers and duties necessary for effectuating the purposes of this Act.

(b) The Department must adopt rules to administer and enforce this Act including, but not limited to, setting fees for original license and renewal and restoration of license and any other administrative fees, and may prescribe forms to be issued to implement this Act. At a minimum, the rules adopted by the Department must include standards and criteria for license and for professional conduct and discipline. The Department must promulgate rules within 6 months of this Act being signed into law.

Section 20. Application for original license.

(a) Applications for an original license must be made to the Department in writing, signed by the applicant on forms prescribed by the Department, and accompanied by a nonrefundable fee set by rule. The Department must require information from the applicant that, in its judgment, will enable the Department to determine the qualifications of the applicant for license. Such information must include the location of all facilities to be used, description of facilities to be used, present and previous business connections and experience, bank and professional references, whether any license of the applicant under this Act or any federal, state, county or local law, ordinance, or regulation relating to dealing in or handling dogs or cats was ever suspended or revoked, and whether the applicant has ever been convicted of a felony.

Any applicant is ineligible for licensure if he or she has been convicted of any of the following:

(1) A felony under any Section of the Humane Care for Animals Act.

(2) Dog fighting under Section 26-5 of the Criminal Code of 1961.

(3) Any violation of Section 12-35 or 26-5 of the Criminal Code of 1961.

(4) A criminal offense in another jurisdiction of the United States that is substantially similar to any of the offenses listed in paragraphs (1) through (3) of this subsection (a).

The Department shall consider if the applicant has been convicted within the last 10 years in any state of dog fighting, animal abuse, or any other animal-related action.

(b) A license must not be issued to someone who is prohibited from owning unaltered dogs under Section 12-36 of the Criminal Code of 1961.

(c) Applicants for licensure must have their fingerprints submitted to the Illinois State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Illinois State Police. These fingerprints must be checked against the most current Illinois State Police and Federal Bureau of Investigation criminal history record databases. The Illinois State Police may charge applicants a fee for conducting the criminal history records check, which must be deposited into the State Police Services Fund and must not exceed the actual cost of the records check. The Illinois State Police must furnish, pursuant to positive identification, records of Illinois convictions to the Department. The Department may require applicants to pay a separate fingerprinting fee, either to the Department or to a vendor. The Department, in its discretion, may allow applicants who do not have reasonable access to a designated vendor to provide their fingerprints in an alternative manner. The Department may adopt any rules necessary to implement this Section.

(d) Two or more dog breeding physical facilities under common ownership that are separated by a distance of an one-quarter mile or more must be licensed individually under this Act.

(e) The Department must conduct an inspection to determine compliance with this Act prior to issuing a license. If the applicant's facility is not in full compliance with this Act, the license may not be issued until the applicant is in full compliance.

Section 25. Issuance of license. The Department must begin issuing licenses under this Act within 6 months after the effective date of this Act. The Department must issue a license to an applicant who meets the requirements and pays the required application fee.

Section 30. Licenses; renewal; restoration.

(a) The expiration date, renewal period, renewal fees, and procedures for renewal of each license issued under this Act must be set by rule.

(b) Any person who has permitted their license to expire or who has a license on inactive status may have it restored by submitting an application to the Department and filing proof of fitness, as defined by rule, to have the license restored.

(c) In renewing or restoring a license, the Department must consider if the licensee has violated this Act or was convicted of any violation of the Humane Care for Animals Act, dog fighting under Section 26-5 of the Criminal Code of 1961, any violation of Section 12-35 or 26-5 of the Criminal Code of 1961, or a criminal offense in another jurisdiction of the United States that is substantially similar to any of the Illinois offenses listed in this subsection (c).

(d) Every year the Department must conduct at least one unannounced inspection of the licensee. An inspection fee may be set by rule.

(e) If an applicant is currently out of compliance with this Act, the applicant has 7 days to come into full compliance or otherwise their renewal application must be denied by the Department.

Section 35. Fees; returned checks. An agency or person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which the check or other payment is drawn must pay to the Department the amount owed to the Department as well as a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act. The Director may waive the fines due under this Section in individual cases where the Director finds that the fines would be unreasonable or unnecessarily burdensome.

Section 40. Records. All licensees under this Act must maintain records of the origin and sale of all dogs, and such records must be made available for inspection upon demand by the Division, the Illinois Department of Agriculture, the appropriate county animal control agency, or the appropriate local law enforcement. Records must be maintained for at least 5 years and must include the following:

(1) The date on which a dog enters the operation.

(2) The person from whom the dog was purchased or obtained, including the address and phone number of that person.

(3) A description of the dog, including the subspecies, color, breed, sex, and approximate age and weight upon arrival.

(4) Any tattoo, microchip number, or other identification number carried by or appearing on the dog.

(5) Each date that puppies were born to that dog and the number of puppies.

(6) All medical care and vaccinations provided to the dog.

(7) The disposition of each dog and the date.

(8) Records that show compliance with Sections 55 and 60 of this Act.

(9) Copies of disclosures required under Section 50 of this Act.

Section 45. Reporting requirements. Every calendar year the following information must be reported to the Department by the licensee:

(1) Number of unaltered females over 5 months.

(2) Number of unaltered males over 5 months.

(3) Number of puppies born.

(4) Number of puppies sold whether sold directly to a consumer, to a retail pet shop, via the internet, through wholesale exchange, or offering them for adoption with a charge or donation.

(5) Number of dogs that were found dead in their enclosure.

(6) Number of dogs that were euthanized.

Section 50. Disclosures at time of sale.

(a) Every licensee must provide the information set forth in this subsection (a) prior to the sale of a dog. For dog breeders selling dogs over the internet, the disclosure must be posted in conjunction with the information about the individual dog for sale.

Both the licensee and the consumer must sign the disclosure and the licensee must maintain an original copy of the disclosure for a period of 2 years after the date of sale. The disclosure must include all of the following:

(1) The breed, age, date of birth, sex, and color of the dog.

(2) The dates of any inoculations and medical treatments administered to the dog at any time prior to the sale, including the name and address of the individual who performed the examination and administered any treatments or medications.

(3) The name of the breeder and the facility where the dog was bred, including the address and phone number. If the breeder is located in Illinois, the breeder's license number must be included. If the breeder holds a license issued by the United States Department of Agriculture, the breeder's federal identification number must be provided.

(4) The name and address of any other person who owned or harbored the dog between its birth and the point of sale.

(5) The retail price of the dog, including any additional fees or charges. If financing is being offered for the purchase of the dog, the disclosure must also include the following information: name of the company financing the sale, annual percentage rate, monthly payment amount, term of the loan, total finance charge, and total amount paid at the end of the loan.

(6) Any known congenital or hereditary diseases of the parents of the dog.

(7) Any known illness or medical condition of the dog at the time of sale.

(8) If the dog is being sold as being capable of registration with a pedigree registry organization, the name and registration numbers of the mother and father and the name and address of the pedigree registry organization where the mother and father are registered.

(9) If the dog was returned by a retail customer, the date and reason for the return.

(10) Include the following statement and circle the corresponding answer: "The facility in which the dog was born has produced: (1) 1-2 litters in the past calendar year, (2) 3-10 litters in the past calendar year, (3) 11-39 litters in the past calendar year, or (4) more than 40 litters in the past calendar year.".

(11) State the licensee's policy regarding any guarantees, warranties, refunds, and returns.

(12) The signature and printed name of the licensee and the date beneath the following statement: "I hereby attest that all of the above information is true and correct to the best of my knowledge, and I have made a diligent effort to obtain this information.".

(13) Blank space for the customer to sign and print their name and print the date beneath the following statement: "I hereby attest that this disclosure was posted with the dog for sale and that I have read all the disclosures. I further understand that I am entitled to keep a signed copy of this disclosure.".

(b) Before the sale is completed, the licensee must have the consumer sign and date the disclosure as described in paragraph (13) of subsection (a) of this Section.

(c) Every licensee must make copies and provide a copy of the "Buying a New Dog" pamphlet described in this subsection (c) to each purchaser. The purchaser must initial that they have read the pamphlet prior to the completion of the sale. A copy of the signed pamphlet must be maintained by the licensee and a copy must be given to the consumer.

The Department of Agriculture must create this pamphlet and decide on the format of the pamphlet in consultation with animal welfare organizations. The information in the pamphlet must include at least the following:

(1) The benefits of visiting a veterinarian shortly after purchasing a dog.

(2) The benefits of spaying or neutering a dog.

(3) "The cost of owning a dog: Beyond the purchase price of a dog, there are annual expenses to care for a dog including: routine veterinary care, vaccinations and medications, food, grooming, training, licensing, supplies, and additional or emergency medical care.".

(4) "Consider when purchasing a dog that with proper care a dog can live well past 10 years.".

(d) A licensee who intentionally makes false or misleading statements in connection with the disclosures required by this Section has committed a violation of the Consumer Fraud and Deceptive Business Practices Act.

Section 55. Unaltered dogs.

(a) A licensed dog breeder must maintain no more than 20 unaltered dogs over the age of one year.

(b) Unaltered dogs must meet the following criteria before being bred:

(1) A male unaltered dog must be examined by a veterinarian at least once a year and a female unaltered dog must be examined by a veterinarian at least once a year or prior to each attempt at breeding, whichever occurs more frequently. During the examination the veterinarian shall use appropriate methods to prevent, control, diagnose, and treat diseases and injuries. A dog shall not be bred if a veterinarian determines that the animal is unfit for breeding purposes.

(2) The dog must be between the ages of 18 months and 8 years of age.

Section 60. Primary enclosures.

(a) Primary enclosures must contain potable water that is not frozen, is free from debris, and is readily accessible to all dogs at all times.

Food must be stored in a manner that protects it from spoilage, vermin infestation, and prevents contamination. All dogs must be provided with adequate food at least daily.

Food and water receptacles must be cleaned weekly and sanitized so as to comply with this subsection (a).

(b) Feces, urine, hair, dirt, debris, and food waste must be removed from the primary enclosure and it must be sanitized at least daily or more often if necessary to prevent an accumulation and to reduce disease hazards, insects, pests, and odors.

Dogs must be removed from the primary enclosure when cleaning occurs.

(c) The flooring of primary enclosure must meet all of the following criteria:

(1) It must be strong enough so that the floor does not sag or bend between structural supports. Floors that are warped or sagging must be replaced.

(2) It must not be able to be destroyed through digging or chewing by the dogs housed in the primary enclosure.

(3) It must not permit the feet of any dog housed in the primary enclosure to pass through openings in the floor.

(4) It must not be metal strand or wire, whether or not it is coated and must not be sloped more than 0.25 inches per foot.

The floors and cage must not have any sharp points or edges that could injure the dogs.

Flooring constructed with slats must meet all of the following conditions:

(i) Slats must be flat.

(ii) Slats must have spaces in between that are no more than 0.5 inches in width.

(iii) Slats must have spaces between them that run the length or the width of the floor, but not both.

(iv) Slats must be no less than 3.5 inches in width.

(v) Slats must be level with the slat next to it within a single primary enclosure.

(vi) Slats must be constructed of a material that is impervious to moisture and able to be cleaned and sanitized and must not be treated with any substance that would be toxic to dogs that are exposed to it or ingest it.

All cages must include a solid surface, which may be removable for cleaning. The solid surface must be large enough for all the dogs in the enclosure to lie down in a full lateral recumbent position.

The primary enclosure must be impervious to moisture and must be able to be sanitized.

(d) The primary enclosure must provide space to allow each dog to turn about freely, stand, sit, and lie in a comfortable and normal position. The dog must be able to lie down while fully extended without the dog's head, tail, legs, face, or feet touching any side of the enclosure and without touching any other dog in the cage. Licensees must also comply with federal law requiring a specified amount of space as found in 9 C.F.R. 3.6(c)(1) and multiply the calculated dimensions by 2.

(e) Any breeding female with nursing puppies must be provided with an additional amount of floor space, based on her breed and behavioral characteristics. In order to comply with this subsection (e), the amount of floor space provided any breeding female with nursing puppies must be in accordance with generally accepted husbandry practices as determined by the Department.

(f) All dogs housed in the same primary enclosure must be compatible, as determined by observation, and the licensee must comply with the following requirements:

(1) Not more than 3 dogs that are 5 months or older may be housed in the cage, kennel, or run.

(2) Dogs with a vicious or aggressive disposition, as defined by the Department, must be housed individually.

(3) Breeding females in heat may not be housed in the same primary enclosure with sexually mature males, except for breeding.

(4) Breeding females with litters may not be housed in the same primary enclosure with other adult dogs, and puppies under 12 weeks of age may not be housed in the same primary enclosure with adult dogs, other than the dam or foster dam.

(g) Primary enclosures must be placed no higher than 30 inches above the floor of the housing facility and may not be placed over or stacked on top of another cage or primary enclosure.

(h) Each primary enclosure must have an entry way that allows each dog unfettered clearance to an outdoor run. Each primary enclosure must open onto and be adjacent to an outdoor run area. Each outdoor run must only be accessible from one primary enclosure. Dogs must not be able to access runs that are accessible from other primary enclosures. Each entry way from a primary enclosure to an outdoor run area must be equipped with a wind or rain break which protects the dogs from rain, snow, sun, and wind while in their primary enclosures. Dogs must have unfettered clearance from their primary enclosures to the outdoor run area. The run must:

(1) be at least 2 times the size of the primary enclosure as required under subsection (d) of this Section;

(2) be constructed to prevent the dogs from escaping;

(3) be kept in good repair and be free of rust, jagged edges, or other defects that could cause injury to the dogs;

(4) be sanitized to remove all debris and waste on a daily basis or more often if necessary to prevent accumulation of debris and waste and reduce disease hazards, insects, pests, and odors;

(5) have ground that is solid and maintainable. Surfaces, such as gravel, packed earth, and grass, may be used;

(6) be on ground level;

(7) be cleared of snow and ice when conditions require; and

(8) provide sufficient shade for all dogs.

Section 65. Indoor housing facility.

(a) All indoor housing facilities must meet all of the following requirements:

(1) Be sufficiently heated and cooled to protect the dogs from temperature or humidity extremes and to provide for their health and well-being. The ambient temperature in the facility must not fall below 50 degrees Fahrenheit or rise above 85 degrees Fahrenheit.

(2) Be sufficiently ventilated at all times to minimize odors, drafts, and ammonia levels and to prevent moisture condensation.

(3) Be equipped with a working smoke alarm and have a means of fire suppression, such as a functioning fire extinguisher or a functioning sprinkler system on the premises.

(4) Be an enclosure created by the continuous connection of a roof, floor, and walls.

(5) Have at least one door for entry and exit that can be opened and closed (any windows or openings which provide natural light must be covered with a transparent material, such as glass or hard plastic) or in the case of an outdoor run, a wind or rain break must be provided.

(6) Have sufficient lighting to allow for observation of the dogs.

(b) The area surrounding the indoor housing facility must be kept clean and in good repair to protect the dogs from injury, to facilitate the husbandry practices required in this Act, and to prevent infestation by rodents or other pests. Premises must be kept free of accumulations of trash, junk, waste products, and discarded matter. Weeds, grasses, and bushes must be controlled to facilitate cleaning of the premises, to allow for effective pest control, and to protect the health and well-being of the dogs.

Section 70. Animal welfare issues. The Department must refer any situation that appears to violate the Humane Care for Animals Act to the appropriate County Animal control and either local law enforcement or the appropriate County States Attorney for further investigation within 24 hours. Nothing in this Act would prevent further investigation and prosecution under the Humane Care for Animals Act or the Animal Welfare Act.

Section 75. Euthanasia. All dogs euthanized must be humanely euthanized by a licensed veterinarian.

Section 80. Separation of dogs for medical reasons. A dog may not be kept in the same kennel, cage, or run as other dogs if the dog has a chronic cough, chronic diarrhea, or other known communicable illness. Dogs separated because of medical reasons may not use food or water containers used by any other dogs. No dog may be exposed to the waste of any dog that has a chronic cough, chronic diarrhea, or any other known communicable illness. A licensee must seek veterinary care if chronic cough, chronic diarrhea, or other known communicable illnesses are present. Dogs separated for medical reasons must be kept separate until such time as a veterinarian prescribes.

Section 85. Advertising; license number. Any licensee who advertises the availability of any dog for sale, adoption, or transfer, whether for compensation or otherwise must prominently display their license number in any such advertisement. The licensee must provide their license number to any person who purchases, adopts, or receives any dog from the licensee and include the license number on any receipt of sale.

Section 90. Grounds for discipline.

(a) In addition to any other cause set out in this Act, the Department may refuse to issue or renew and may suspend, place on probation, or revoke any license to operate as a dog breeder, or take any other action that the Department may deem proper, including the imposition of fines not to exceed $5,000 for each violation, for any one of the following causes:

(1) Material misstatement in the application for original license or in the application for any renewal license under this Act.

(2) Violation of this Act or of any rules adopted pursuant to this Act.

(3) Aiding or abetting another in the violation of this Act or of any rule adopted pursuant to this Act.

(4) Allowing one's license under this Act to be used by an unlicensed person.

(5) Conviction of any crime where an essential element of that crime is misstatement, fraud, or dishonesty.

(6) Conviction of a felony, if the Department determines after investigation that such person has not been sufficiently rehabilitated to warrant the public trust.

(7) Conviction for violating any rule or law of Illinois relating to the sale of dogs, cats, or other animals.

(8) In connection with the business of a licensee under this Act, making substantial misrepresentations or false promises of a character likely to influence, persuade, or induce a sale.

(9) 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.

(10) Failure to possess the necessary qualifications or to meet the requirements of the Dog Breeders License Act for the issuance or holding a license.

(11) Proof that the licensee is guilty of gross negligence, incompetency, or cruelty with regard to animals.

(b) The Department may refuse to issue or may suspend the license of any person who fails to file a return, to pay the 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.

Section 95. Compliance upon receiving an order of revocation.

(a) When the Department issues an order revoking a license, the order must set forth the general factual and legal basis for the action and must advise the affected person that, within 7 days of receipt of the order, the licensee may file with the Secretary a written request for an administrative hearing. The order of revocation shall become a final order of the Department upon expiration of the 7-day period for requesting an administrative hearing, unless a timely request has been filed with the Department.

(b) The licensee must dispose of all unaltered dogs within 7 days after receiving an order of revocation. The licensee may only dispose of the dogs to an animal control facility or Illinois licensed shelter or by having a dog humanely euthanized by a licensed veterinarian. Failure to comply results in forfeiture of their unaltered dogs to the Department of Agriculture or a local animal control facility and the issuance of a civil penalty by the Department in an amount not to exceed $5,000 for each offense.

(c) A licensee that requests a hearing under this Act within 7 days of receiving an order of revocation does not have to comply with subsection (b) until the hearing on the order of revocation has concluded. However, until the hearing has concluded, the licensee must not sell or breed any dog.

Section 100. Investigations; notice and hearing. The Department must, before refusing to issue or renew a license or disciplining a licensee pursuant to Section 90 of this Act, notify the applicant or holder of a license in writing, at least 30 days prior to the date set for the hearing, of the nature of the charges and that a hearing will be held on the date designated. The notice must direct the applicant or licensee to file a written answer under oath within 20 days after the service of the notice, and must inform the applicant or licensee that failure to file an answer will result in a default judgment being entered against the applicant or licensee. A default order may result in the license being suspended, revoked, or placed on probationary status, or other disciplinary action may be taken, including limiting the scope, nature, or extent of practice, as the Director may deem proper. Written notice may be served by personal delivery or certified or registered mail to the respondent at the address of his or her last notification to the Department.

In case the person fails to file an answer after receiving notice, his or her license or license may, in the discretion of the Department, be suspended, revoked, or placed on probationary status and the Department may take whatever disciplinary action it deems proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under this Act. At the time and place fixed in the notice, a hearing officer proceeds to hear the charges and the parties or their counsel must be accorded ample opportunity to present statements, testimony, evidence, and argument that may be pertinent to the charges or to the licensee's defense.

Section 105. Inspection. The Director may at any time inspect the licensee's facility or the facility of a person acting as a dog breeder who is required to be, but is not, licensed. The inspector must have access to all records and files used by the licensee or an unlicensed dog breeder. If the licensee refuses to provide access to any animal, record, or file, then the Department may issue a cease and desist order or revoke their license. Nothing in this Act limits the ability of a Department of Agriculture investigator, an animal control administrator, or a law enforcement official from inspecting the premises to enforce the Humane Care for Animals Act.

Section 110. Department may take testimony and oaths. The Department has the power to subpoena and bring before it any person in this State and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure in civil cases in courts of this State.

The hearing officer has the power to administer oaths to witnesses at any hearing which the Department is authorized by law to conduct, and any other oaths required or authorized in any Act administered by the Department.

Section 115. Appointment of a hearing officer. The Director has the authority to appoint any attorney duly licensed to practice law in this State to serve as the hearing officer in any action for refusal to issue or renew a license or permit or for the discipline of a licensee. The hearing officer has full authority to conduct the hearing and must report his or her findings and recommendations to the Director.

Section 120. Findings and recommendations. At the conclusion of the hearing, the hearing officer presents to the Director a written report of his or her findings and recommendations. The report must contain a finding of whether or not the accused person violated this Act or failed to comply with the conditions required under this Act. The hearing officer must specify the nature of the violation or failure to comply and must make his or her recommendations to the Director.

The report of findings and recommendations of the hearing officer must be the basis for the Department's order or refusal or for the granting of a license unless the Director determines that the hearing officer's report is contrary to the manifest weight of the evidence, then the Director may issue an order in contravention of the hearing officer's report. The findings in the hearing officer's report are not admissible in evidence against the person in a criminal prosecution brought for the violation of this Act, but the hearing and finding are not a bar a criminal prosecution brought for the violation of this Act.

Section 125. Administrative review; venue.

(a) All final administrative decisions of the Department are subject to judicial review pursuant to the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

(b) Proceedings for judicial review must commence in the circuit court of the county in which the party applying for relief resides; but if the party is not a resident of this State, the venue must be in Sangamon County.

(c) The Department is not required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record. Failure on the part of the plaintiff to file a receipt in court is be grounds for dismissal of the action.

Section 130. Violations; injunction; cease and desist order.

(a) If any person violates a provision of this Act, the Director may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois or the State's Attorney in the county in which the offense occurs, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation. If the court finds that the person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section are in addition to, and not instead of, all other remedies and penalties provided by this Act.

(b) Whenever, in the opinion of the Department, a person violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against him or her. The rule must clearly set forth the grounds relied upon by the Department and must provide the person a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. If the answer fails to satisfy the Department, the Department may immediately issue an order to cease and desist.

Section 135. Unlicensed practice; violation; civil penalty.

(a) Any person not licensed under this Act must, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The Department assesses the civil penalty after holding a hearing in accordance with the provisions set forth in Section 100 of this Act. The Department has the authority and power to investigate any unlicensed activity.

(b) The civil penalty must be paid within 60 days after the effective date of the order imposing the civil penalty. The order constitutes a judgment and may be filed and executed in the same manner as any judgment from any court of record.

(c) The Department may also issue a cease and desist order to any person doing business without the required license.

The order must set forth the general factual and legal basis for the action and must advise the affected person that within 7 days of receipt of the order, he or she may file with the secretary a written request for an administrative hearing. The order to cease and desist becomes a final order of the Department upon expiration of the 7 day period for requesting an administrative hearing, unless a timely request is filed with the Department.

An unlicensed dog breeder who receives a cease and desist order must dispose of all unaltered dogs within 7 days of having his or her license revoked. The unlicensed dog breeder may only dispose of the dogs to an animal control facility or Illinois licensed shelter or by having a dog humanely euthanized by a licensed veterinarian. Failure to comply results in forfeiture of his or her unaltered dogs to the Illinois Department of Agriculture or local animal control facility and the issuance of a civil penalty by the Department in an amount not to exceed $5,000 for each offense.

An unlicensed dog breeder that requests a hearing and applies for a license under this Act within 7 days of receiving the cease and desist order does not have to dispose of unaltered dogs in accordance with this subsection (c). However, until a license is granted, the unlicensed dog breeder may not breed any dog or sell any dog.

Section 140. Criminal penalties and seizures. Nothing in this Act prevents individuals or licensees from being charged with a violation of the Humane Care for Animals Act or the Animal Welfare Act or from having their animals seized for violations of the Humane Care for Animals Act or the Animal Welfare Act. The Department may refer any matter for criminal investigation and prosecution to the appropriate County States Attorney and local law enforcement.

Section 145. Surrender of license. Upon the voluntary surrender of a license, revocation, or suspension of any license, the licensee relinquishes his or her license to the Department. If the licensee does not relinquish the license to the Department, the Department may seize the license. Upon surrender of the license, the Department must contact the appropriate County Animal Control and appropriate County States Attorney. The fees assessed under this Act may be set by rule.

Section 150. Deposit of fees and fines; appropriations. All fees and fines collected under this Act must be deposited into the General Professions Dedicated Fund and must be used by the Department of Financial and Professional Regulation, as appropriated, for the ordinary and contingent expenses of the Department in the administration of this Act.

Section 155. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated in this Act as if all the provisions of the Illinois Administrative Procedure Act were included in this Act, except for the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act that gives the licensee at hearings the right to show compliance with all lawful requirements for retention, continuation, or renewal of the license. For the purposes of this Act, the notice requirement under Section 10-25 of the Administrative Procedure Act is met when notice is mailed to the party's last known address.

Section 157. Home rule. This Act may not be construed to limit the power of a unit of local government from regulating or licensing the practice of dog breeding in a manner more restrictive than the State. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 160. Severability. If any provision of this Act or the application of any provision of this Act to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are severable.

Section 900. The Regulatory Sunset Act is amended by adding Section 4.30 as follows:

(5 ILCS 80/4.30 new)

Sec. 4.30. Act repealed on January 1, 2020. The following Act is repealed on January 1, 2020:

The Dog Breeder License Act.

Section 905. The Animal Welfare Act is amended by changing Sections 2, 2.2, 3, and 3.1 and by adding Sections 3.13 and 3.15 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. "Pet shop operator" does not include a licensed shelter or an animal control facility that is licensed under this Act or the Animal Control Act.

"Dog breeder dealer" means any person who is, or should be licensed under the Dog Breeder License Act. 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.

"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.

"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.

"Sanitized" means cleaning hard surfaces and food and water receptacles using one of the following methods:

(1) Live steam under pressure.

(2) Washing with water with a temperature of at least 180 degrees Fahrenheit and soap or detergent, as with a mechanical cage washer.

(3) Washing all soiled surfaces with appropriate detergent solutions or disinfectant products followed by a clean water rinse that removes all organic material and mineral buildup.

"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.

"Primary enclosure" means the primary structure that restricts a dog's ability to move, which includes a kennel, cage, or run.

"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.

(Source: P.A. 95-550, eff. 6-1-08.)

(225 ILCS 605/2.2) (from Ch. 8, par. 302.2)

Sec. 2.2. No dog breeder dealer, 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 breeder dealer, kennel operator, 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 for sale. Information on dogs and cats for sale. Every pet shop operator must post in a conspicuous place in writing on or near the cage of every dog available for sale the information set forth below. For pet shop operators making dogs available for sale over the internet, the disclosure must be posted in conjunction with the information about the individual dog for sale. The disclosure must be signed by both the pet shop and the consumer and must be maintained by the pet shop operator for a period of 2 years from the date of sale. The disclosure must include: Every pet shop operator, dog dealer, and cattery operator shall provide the following information for every dog or cat available for sale:

(a) The breed, age, date of birth, sex, and color of the dog. The age, sex, and weight of the animal.

(b) The dates of any inoculations and medical treatments administered to the dog at any time prior to the sale, including the name and address of the individual who performed the examination and administered any treatments or medications. The breed of the animal.

(c) The name of the breeder and the facility where the dog was bred, including the address and phone number. If the breeder is located in Illinois, the breeder's license number must be included. If the breeder holds a license issued by the United States Department of Agriculture, the breeder's federal identification number must be provided. A record of vaccinations and veterinary care and treatment.

(d) The name and address of any other person who owned or harbored the dog between its birth and the point of sale. A record of surgical sterilization or lack of surgical sterilization.

(e) The retail price of the dog, including any additional fees or charges. If financing is being offered for the purchase of the dog, the disclosure must also include the following information: name of the company financing the sale, annual percentage rate, monthly payment amount, term of the loan, total finance charge, and total amount paid at the end of the loan. The name and address of the breeder of the animal.

(f) Any known congenital or hereditary diseases of the parents of the dog The name and address of any other person who owned or harbored the animal between its birth and the point of sale.

(g) Any known illness or medical condition of the dog at the time of sale.

(h) If the dog is being sold as being capable of registration with a pedigree registry organization, the name and registration numbers of the mother and father, and the name and address of the pedigree registry organization where the mother and father are registered.

(i) If the dog was returned by a retail customer, the date and reason for the return.

(j) Include the following statement and circle the corresponding answer: "The facility in which the dog was born has produced: (1) 1-2 litters in the past calendar year, (2) 3-10 litters in the past calendar year, (3) 11-39 litters in the past calendar year, or (4) more than 40 litters in the past calendar year.".

(k) The pet shop's policy regarding any guarantees, warranties, refunds, and returns.

(l) The signature and printed name of an owner or manager of the pet shop operator and the date beneath the following statement: "I hereby attest that all of the above information is true and correct to the best of my knowledge, and I have made a diligent effort to obtain this information.".

(m) Blank space for the customer to sign and print their name and print the date beneath the following statement: "I hereby attest that this disclosure was posted with the dog for sale and that I have read all the disclosures. I further understand that I am entitled to keep a signed copy of this disclosure.".

Before the sale is completed, the pet shop operator must have the consumer sign and date the disclosure as described in subsection (m) of this Section.

Every pet shop operator must make copies and provide a copy of the "Buying a New Dog" pamphlet created by the Department of Agriculture under subsection (c) of Section 50 of the Dog Breeder License Act to each purchaser. The purchaser must initial that they have read the pamphlet prior to the completion of the sale. A copy of the signed pamphlet must be maintained by the pet shop operator and a copy must be given to the consumer.

A pet shop operator who intentionally makes false or misleading statements in connection with the disclosures required under this Section has committed a violation of the Consumer Fraud and Deceptive Business Practices Act.

(Source: P.A. 87-819.)

(225 ILCS 605/3.13 new)

Sec. 3.13. Information on cats for sale. Prior to the time of sale, every pet shop operator and cattery operator must provide to the consumer the following information on any cat being purchased:

(1) The age, sex, and weight of the cat.

(2) The breed of the cat.

(3) A record of vaccinations and veterinary care and treatment.

(4) A record of surgical sterilization or lack of surgical sterilization.

(5) The name and address of the breeder of the cat.

(6) The name and address of any other person who owned or harbored the cat between its birth and the point of sale.

A copy of this information must be provided to the consumer after the sale is completed.

(225 ILCS 605/3.15 new)

Sec. 3.15. Requirements for the care of dogs maintained by a pet shop operator.

(a) Pet shop operators may only acquire dogs from breeders that are licensed by the Dog Breeder License Act or are licensed as a breeder by the United States Department of Agriculture as defined by 7 U.S.C. 2131 at the time the dog is bred and at the time of sale.

(b) Primary enclosures must contain potable water that is not frozen, is free from debris, and is readily accessible to all dogs at all times.

Food must be stored in a manner that protects it from spoilage, vermin infestation, and prevents contamination. All dogs must be provided with adequate food at least daily.

Food and water receptacles must be cleaned weekly and sanitized so as to comply with this subsection (b).

(c) Feces, urine, hair, dirt, debris, and food waste must be removed from the primary enclosure and it must be sanitized at least daily or more often if necessary to prevent an accumulation and to reduce disease hazards, insects, pests, and odors.

Dogs must be removed from the primary enclosure when cleaning occurs.

(d) The floor of the primary enclosures must be constructed in a manner that protects the dogs' feet and legs from injury.

All cages must include a solid surface, which may be removable for cleaning. The solid surface must be large enough for all the dogs in the enclosure to lie down in a full lateral recumbent position.

Floors that are warped or sagging must be replaced.

The floors and cage must not have any sharp points or edges that could injure the dogs.

(e) The primary enclosure must provide space to allow each dog to turn about freely, stand, sit, and lie in a comfortable and normal position. The dog must be able to lie down while fully extended without the dog's head, tail, legs, face, or feet touching any side of the enclosure and without touching any other dog in the cage. Pet shop operators must also comply with federal law requiring a specified amount of space as found in 9 C.F.R. 3.6(c)(1) and multiply the calculated dimensions by 2.

(f) All dogs housed in the same primary enclosure must be compatible, as determined by observation, and the licensee must comply with the following requirements:

(1) Not more than 3 dogs that are 5 months or older may be housed in the cage, kennel, or run.

(2) Dogs with a vicious or aggressive disposition, as defined by the Department, must be housed individually.

(g) All structures or indoor housing facilities where dogs are kept must meet all of the following requirements:

(1) Be sufficiently heated and cooled to protect the dogs from temperature or humidity extremes and to provide for their health and well-being. The ambient temperature in the facility must not fall below 50 degrees Fahrenheit or rise above 85 degrees Fahrenheit.

(2) Be sufficiently ventilated at all times to minimize odors, drafts, and ammonia levels and to prevent moisture condensation.

(3) Be equipped with a working smoke alarm and have a means of fire suppression, such as a functioning fire extinguisher or a functioning sprinkler system on the premises.

(h) If the primary enclosures are stacked, a tray or other Department-approved device must be utilized in order to prevent urine, feces, and other debris from passing onto or being discharged onto the underlying primary enclosure.

The tray or Department-approved device must be impermeable to water and capable of being easily sanitized.

The tray or Department-approved device must be cleaned and sanitized of all feces, urine, hair, dirt, debris, and food waste at least daily or more often if necessary to prevent an accumulation and to reduce disease hazards, insects, pests and odors.

(i) A dog may not be kept in the same kennel, cage, or run as other dogs if the dog has a chronic cough, chronic diarrhea, or other known communicable illness. Dogs separated because of medical reasons may not use food or water containers used by any other dogs. No dog may be exposed to the waste of any dog that has a chronic cough, chronic diarrhea, or any other known communicable illness. A pet shop operator must seek veterinary care if chronic cough, chronic diarrhea, or other known communicable illnesses are present. Dogs separated for medical reasons must be kept separate until such time as a veterinarian prescribes.

Section 910. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, the Payday Loan Reform Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the Internet Caller Identification Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Section 18d-115, 18d-120, 18d-125, 18d-135, or 18d-150 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, or the Personal Information Protection Act, Section 50 of the Dog Breeder License Act, or Section 3.1 of the Animal Welfare Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, eff. 1-1-08; 95-562, eff. 7-1-08; 95-876, eff. 8-21-08.)

Section 999. Effective date. This Act takes effect upon becoming law.