SB0053sam001 96TH GENERAL ASSEMBLY

Sen. Dan Kotowski

Filed: 3/10/2009

09600SB0053sam001 LRB096 04209 ASK 23256 a

AMENDMENT TO SENATE BILL 53

AMENDMENT NO. ______. Amend Senate Bill 53 by replacing everything after the enacting clause with the following:

"Section 5. The Animal Welfare Act is amended by changing Sections 2, 2.2, 3, 3.1, 5, 10, 18, and 20.5 and by adding Sections 3.15, 10.5, 17, 18.01, 18.04, 18.05, 18.06, 18.5, 20.1, and 23 as follows:

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

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

"Department" means the Illinois Department of Agriculture.

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

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

"Dog dealer" means any person who sells, offers to sell, exchange, or offers for adoption with or without charge or donation dogs in this State. However, a person who sells only dogs that he has produced and raised shall not be considered a dog dealer under this Act, and a veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 shall not be considered a dog dealer under this Act.

"Secretary of Agriculture" or "Secretary" means the Secretary of Agriculture of the United States Department of Agriculture.

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

"Kennel operator" means any person who operates an establishment, other than an animal control facility, veterinary hospital, or animal shelter, where dogs or dogs and cats are maintained for boarding, training or similar purposes for a fee or compensation; or who sells, offers to sell, exchange, or offers for adoption with or without charge dogs or dogs and cats which he has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a kennel operator.

"Dog breeder" means any person who owns, has possession of, or harbors 6 or more female dogs capable of reproduction for the purpose of the sale of their offspring. A licensed animal shelter or licensed animal control facility is not required to be licensed as a dog breeder except as required by Section 3 of this Act.

"Commercial dog breeder" means any person who owns, has possession of, or harbors 6 or more female dogs capable of reproduction and breeds or whelps dogs and:

(1) sells or transfers any dog to a wholesale dog dealer or to a pet shop; or

(2) sells or transfers more than 30 dogs per calendar year.

"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 that is 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, and that does not engage in the intentional breeding of any animal. "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.

"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.

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

"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 or cat 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 or cat on the internet for purchase.

(4) Offering a wholesale exchange.

(5) Offering a dog or cat up for adoption with any charges or donation unless the offeror is licensed under this Act as an animal shelter or animal control facility.

(6) Offering a dog or cat 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 least180 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 build-up.

(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 dealer, dog breeder, commercial dog breeder, kennel operator, or cattery operator shall separate a puppy or kitten from its mother, for the purpose of sale, until such puppy or kitten has attained the age of 8 weeks.

All licensees under this Act shall maintain records of the origin and sale of all dogs, and such records shall be made available for inspection by the Secretary or the Department upon demand. Such records must contain proof in proper form of purebreds and their pedigree, and evidence of such proof must be provided to any person acquiring a dog from a licensee under this Act. In addition, guard dog services shall be required to maintain records of transfer of ownership, death, or disappearance of a guard dog or sentry dog used by that guard dog service.

(Source: P.A. 89-178, eff. 7-19-95.)

(225 ILCS 605/3) (from Ch. 8, par. 303)

Sec. 3. (a) Except as provided in subsection (b) of this Section, no person shall engage in business as a pet shop operator, dog dealer, dog breeder, commercial dog breeder, 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. A separate license shall be required to operate each of the following at one location: dog dealer, commercial dog breeder, kennel operator, cattery operator, dog breeder, pet shop operator, animal shelter, animal control facility and guard dog service, except that a commercial dog breeder does not need to be licensed as a dog breeder. Only one license shall be required for any combination of businesses at one location, except that a separate license shall be required to operate a guard dog service. Guard dog services that are located outside this State but provide services within this State are required to obtain a license from the Department. Out-of-state guard dog services are required to comply with the requirements of this Act with regard to guard dogs and sentry dogs transported to or used within this State.

(b) This Act does not apply to a private detective agency or private security agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 that provides guard dog or canine odor detection services and does not otherwise operate a kennel for hire.

(Source: P.A. 95-613, eff. 9-11-07.)

(225 ILCS 605/3.1) (from Ch. 8, par. 303.1)

Sec. 3.1. Information on dogs and cats for sale. 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 offered for sale: Every pet shop operator, dog dealer, and cattery operator shall provide the following information for every dog or cat available for sale:

(a) The age, sex, and weight of the animal.

(b) The breed of the animal.

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

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

(e) The name and address of the breeder of the animal.

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

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

(225 ILCS 605/3.15 new)

Sec. 3.15. Information on dogs for sale.

(a) Prior to the time of sale, every pet shop operator, dog breeder, and commercial dog breeder must, to the best of his or her knowledge, provide to the consumer the following information on any dog being offered for sale:

(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, and:

(i) For veterinarians, the name and business address of the individual who performed the examination(s) and administered any treatments or medications;

(ii) For pet stores, dog breeders, and dog dealers, the name of the licensee or manager who authorized the administration of any treatments or medications;

(3) The name and business address of both the breeder and the facility where the dog was born. If the breeder is located in the State, 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 business 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, then the following information must be provided at the time of sale: the name of the company financing the sale, the annual percentage rate, the monthly payment amount, the term of the loan, the total finance charge, and the total amount paid at the end of the loan;

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

(7) 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;

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

(9) 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;"

(10) State the licensee's policy regarding any guarantees, warranties, refunds and/or returns;

(11) The signature, printed name and date of the pet shop operator, dog breeder, or commercial dog breeder 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.";

(12) 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 pet shop operator, dog breeder, or commercial dog breeder must have the consumer sign and date the disclosure as described in subsection (a).

(c) Every pet shop operator, dog breeder, or commercial dog breeder shall make copies and provide a copy of the "Buying a New Dog" pamphlet 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 statement shall be maintained by the pet shop operator and a copy of the pamphlet shall be given to the consumer. The pamphlet will be created and shall be in such format as decided by the Department. The information in the pamphlet must include, but is not limited to, the following:

(i) The benefits of visiting a veterinarian shortly after purchasing a dog;

(ii) The benefits of spaying or neutering a dog;

(iii) The following statement: "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."; and

(iv) The following statement: "Consider when purchasing a dog that with proper care a dog can live well past 10 years."

(d) A pet shop operator, dog breeder, or commercial dog breeder who makes false or misleading statements in connection with the above disclosures has committed a violation of the Consumer Fraud and Deceptive Business Practices Act.

(e) Every pet shop operator shall post in a conspicuous place in writing on or near the cage of every dog available for sale the information required by this Section.

(f) Every pet shop operator, dog dealer, or commercial dog breeder making dogs available for sale over the internet must post the disclosures required by this Section in conjunction with the information about the individual dog for sale. Disclosures shall be signed by both the pet shop operator, dog dealer, or commercial dog breeder and the consumer and shall be maintained by the licensee for a period of 2 years from the date of sale.

(225 ILCS 605/5) (from Ch. 8, par. 305)

Sec. 5. Applications by individuals for original licenses shall be made to the Department, shall be in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable. Any such application shall require such information as in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for a license. It shall include, but need not be limited to information concerning age, citizenship, present residence, location of the business licensed under this Act, including the location of all foster homes, 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, ever was suspended or revoked and whether the applicant ever has been convicted of a felony. Such felony conviction may be taken into consideration by the Department in determining qualifications for licensing but shall not operate as a bar to licensing. 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.

(Source: P.A. 89-178, eff. 7-19-95.)

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

Sec. 10. Grounds for discipline.

(a) The Department may refuse to issue or renew or may suspend or revoke a license on any one or more of the following grounds:

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

(2) b. A violation of this Act or of any regulations or rules issued pursuant thereto;

(3) c. Aiding or abetting another in the violation of this Act or of any regulation or rule issued pursuant thereto;

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

(5) e. 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;

(6) 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;

(7) 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;

(8) 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; or

(9) 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.

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

(c) The Department shall refuse to issue or renew or shall suspend or revoke a license if an applicant or licensee has been convicted of any one or more of the following:

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

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

(3) A criminal offense of which the Department has knowledge that took place in another jurisdiction of the United States that is substantially similar to any of the offenses listed in paragraphs (1) or (2).

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 offense.

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.

(Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97; 90-403, eff. 8-15-97.)

(225 ILCS 605/10.5 new)

Sec. 10.5. 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 it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.

(b) The Department may issue an order to cease and desist against any person who is in violation of this Act as warranted. The order shall clearly set forth the general factual and legal basis for the order and state that within seven days of receipt of the order, the recipient may file a written request for an administrative hearing with the Department. The order to cease and desist 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. A pet store operator, dog breeder, or commercial dog breeder who receives a cease and desist order shall dispose of all affected dogs within 10 calendar days of receiving the order. The pet shop operator, dog dealer, or commercial dog breeder may only dispose of the dogs to an animal control facility or animal shelter that is licensed in the State, or by having a dog humanely euthanized by a licensed veterinarian, unless otherwise authorized in writing by the Department, which may include transfer to a licensed dog breeder or licensed commercial dog breeder. Failure to comply will result in forfeiture of the dogs in a manner approved by the Department and the imposition of a civil penalty by the Department in an amount not to exceed $5,000 for each offense.

(225 ILCS 605/17 new)

Sec. 17. Order of revocation; compliance.

(a) When the Department issues an order revoking a pet shop operator, dog breeder, or commercial dog breeder license, the order shall set forth the general factual and legal basis for the action and shall advise the affected person that within 10 days of receipt of the order, the pet shop operator, dog breeder, or commercial dog breeder 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 pet shop operator, dog breeder, or commercial dog breeder shall dispose of all unaltered dogs within 10 calendar days after receiving an order of revocation. The licensee may only dispose of the dogs to an animal control facility or animal shelter licensed in the State, or by having a dog humanely euthanized by a licensed veterinarian, unless otherwise authorized in writing by the Department, which may include transfer to a licensed dog breeder or licensed commercial dog breeder. Failure to comply will result in forfeiture of unaltered dogs to an animal control facility or animal shelter licensed in the State, or by having a dog humanely euthanized by a licensed veterinarian, unless otherwise authorized in writing by the Department.

(c) A pet shop operator, dog dealer, or commercial dog breeder that requests a hearing under this Act within 10 calendar 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 a final order on the hearing has been issued, the pet shop operator, dog dealer, or commercial dog breeder shall not sell or transfer any dog by any means without prior written authorization from the Department.

(225 ILCS 605/18) (from Ch. 8, par. 318)

Sec. 18. Requirements for licensees. A licensee under this Act The licensee shall:

(1) a. Maintain sanitary conditions.

(2) b. Insure proper ventilation.

(3) c. Provide adequate nutrition.

(4) d. Provide humane care and treatment of all animals under his or her jurisdiction.

(5) e. Take reasonable care to release for sale, trade, or adoption only those animals which are free of disease, injuries or abnormalities. A health certificate, meeting the requirements of the Department and issued by a licensed veterinarian for any such animal within 5 days before such sale, trade or adoption is prima facie evidence that the licensee has taken reasonable care, as required by this paragraph.

f. Inspection of the premises of a licensee to determine compliance with this Act may be made only by the Department.

(Source: P.A. 78-900.)

(225 ILCS 605/18.01 new)

Sec. 18.01. Inspection.

(a) Inspection of the premises of a licensee to determine compliance with this Act may be made only by the Department. The Department must conduct at least one unannounced inspection of each licensee within a 2-year period.

(b) The Department may, for the purpose of inspection, enter during normal business hours upon any licensed premises or unlicensed premises where activities consistent with that of a dog breeder or commercial dog breeder are occurring. Inspection shall not occur unless an adult who is 18 years or older is present. Entry shall not be made into any building which is a person's residence, except by search warrant, court order or consent.

(c) Institutions operating under a federal license to conduct laboratory experimentation utilizing animals for research or medical purpose are, however, exempt from the provisions of this Section.

(d) State's Attorney's and law enforcement officials shall provide such assistance as may be required in the conduct of such investigations.

(e) The Department shall be given access to all records and files related to dog breeding activities. If the licensee refuses to provide access to any animal, record, or file, the Department may issue a cease and desist order or revoke their license.

(f) Nothing in this Act shall limit the ability of a Department of Agriculture investigator, an animal control administrator, or a law enforcement official from inspecting the premises for the purpose of enforcing the Humane Care for Animals Act (510 ILCS 70).

(225 ILCS 605/18.04 new)

Sec. 18.04. Additional requirements for dog breeders and commercial dog breeders. In addition to the requirements of Section 18, dog breeders and commercial dog breeders must also comply with the requirements of this Section.

(a) All unaltered dogs must meet the following criteria before being bred:

(1) A female shall be examined by a veterinarian at least once a year or prior to each attempt at breeding, whichever occurs more frequently. A dog shall not be bred unless a veterinarian has determined that the dog is in good physical condition.

(2) A male shall be examined by a veterinarian at least once a year. A dog shall not be bred unless a veterinarian has determined that the dog is in good physical condition.

(3) A female dog must be between the ages of 18 months and 8 years of age.

(b) All dogs euthanized must be humanely euthanized by a licensed veterinarian. This Section shall not be construed in a manner that is inconsistent with the provisions of the Humane Care for Animals Act regarding exigent circumstances.

(c) Any dog breeder or commercial dog breeder shall provide an area separate from other dogs for the isolation of any dog that appears to be affected with any infectious or contagious disease, parasitism, or physical injuries. The isolation area must be physically separate from the area of the general population so that there can be no contact between the isolated animal and animals in the general population. Dogs may be returned to the general kennel population after an examination, treatment, if required, and written release from a licensed veterinarian. Nothing in this subsection shall require nursing mothers to be separated from their litters.

(d) Any dog breeder or commercial dog breeder 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. Further, the dog breeder or commercial dog breeder must provide his or her license number to any person who purchases, adopts, or receives any dog from him or her and include the license number on any receipt of sale.

(e) 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 as a dog breeder.

(f) All dog breeders and commercial dog breeders 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, 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 18.05(1) of this Act.

(9) Copies of disclosures required under Section 3.15 of this Act.

(g) Every calendar year the following information must be reported to the Department by the dog breeder or commercial dog breeder:

(1) Number of unaltered females over one year.

(2) Number of unaltered males over one year.

(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.

(225 ILCS 605/18.05 new)

Sec. 18.05. Primary enclosure; indoor housing facility; commercial dog breeder.

(a) If a commercial dog breeder keeps dogs in primary enclosures, which includes cages, kennels, and runs, the commercial dog breeder must:

(1) Ensure that the primary enclosure contains potable water that is not frozen, that is free from debris, and is readily accessible to all dogs at all times.

(2) Store all food in a manner that prevents spoilage, vermin infestation, and contamination.

(3) Provide all dogs at least daily with adequate food.

(4) Clean and sanitize the food and water receptacles on a weekly basis so as to comply with subparagraphs (1) and (2).

(5) Remove feces, urine, hair, dirt, debris, and food waste from the primary enclosures and sanitize them at least daily, or more often if necessary, to prevent an accumulation and to reduce disease hazards, insects, pests, and odors.

(6) Remove all dogs from the primary enclosures when sanitization or cleaning with pressurized water or chemicals occurs.

(7) Ensure that all primary enclosures are impervious to moisture and able to be sanitized.

(8) Ensure that the flooring of primary enclosures shall:

(A) Be strong enough so that the floor does not sag or bend between structural supports. Floors that are warped or sagging shall be replaced.

(B) Not be able to be destroyed through digging or chewing by the dogs housed in the primary enclosure.

(C) Not permit the feet of any dog housed in the primary enclosure to pass through openings in the floor.

(D) Not be metal strand or wire, whether or not it is coated, and shall not be sloped more than 0.25 inches per foot.

(E) Shall have floors and cages without any sharp points or edges that could injure the dogs.

(F) If constructed with slats, meet all of the following conditions:

(i) Slats shall be flat.

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

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

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

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

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

(9) Ensure that all cages 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.

(10) Ensure that the primary enclosures provide enough space to allow each dog to turn about freely, to 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. Commercial dog breeders shall 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. For the second dog placed in the primary enclosure the minimum floor space shall be doubled. The floor space shall be calculated using the longest dog. For each dog above 2, the minimum floor space shall by multiplied by 1.5 per additional dog.

(11) Ensure that each breeding female with nursing puppies is provided with an additional amount of floor space based on her breed and behavioral characteristics and in accordance with generally accepted husbandry practices.

(12) Ensure that all dogs housed in the same primary enclosure must be compatible, as determined by observation.

(A) Dogs with an aggressive disposition must be housed individually.

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

(C) 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.

(13) Ensure that primary enclosures are 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.

(14) Ensure that each primary enclosure has an entry way that allows each dog unfettered clearance to an outdoor run that is not accessible to 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. The commercial dog breeder must ensure that each run:

(A) Be at least 2 times the size of the primary enclosure as required under Section 18.05 (2)(D).

(B) Has adequate means to prevent the dogs from escaping or allowing predators to enter the run.

(C) Be kept in good repair and free of rust, jagged edges, or other defects that could cause injury to the dogs.

(D) Be sanitized at least daily, or more often if necessary, to prevent accumulation of debris and waste and reduce disease hazards, insects, pests, and odors.

(E) Be surfaced with concrete or other impervious material, but designed to permit the surface to be cleaned and kept free from excessive accumulation of animal waste.

(F) Be on ground level.

(G) Allows for adequate drainage, including gutters and discharge of any fluid or content into a sewer, septic tank, or filter field, and complies with any local zoning.

This paragraph (14) shall not apply to indoor housing facilities which, on or before the date of enactment of this Section, were located below ground level and are constructed in a manner that prohibits the commercial dog breeder from providing dogs with access to an outdoor run or whose indoor housing facility is located in a home. For such indoor housing facilities, all primary enclosures shall open into and be adjacent to an indoor run area. Each indoor run shall only be accessible from one primary enclosure. Dogs shall not be able to access runs that are accessible from other primary enclosures. Dogs must have unfettered clearance from their primary enclosures to the indoor run area. The provisions of subparagraphs (A) through (E) of this paragraph (14) shall apply to any indoor runs required under this subsection.

(b) If the commercial dog breeder keeps a dog in an indoor housing facility, the indoor housing facility must:

(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. The ambient temperature must not rise above 85 degrees Fahrenheit. The temperature requirement may be waived if a veterinarian specifies in writing that in the case of an individual breeder, the breeding facility and the breed of the dog housed therein is able to withstand temperatures lower than 50 degrees without discomfort or the potential for harm to the dog(s) as a result of the temperature.

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

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

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

(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 shall be provided;

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

(7) 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 reduce or eliminate breeding and living areas for rodents and other pests and vermin. Premises must be kept free of accumulations of trash, junk, waste products, and discarded matter. Weeds, grasses and bushes must be controlled so as to facilitate cleaning of the premises and pest control and to protect the health and well-being of the dogs.

(c) This Section applies beginning one year after the effective date of this amendatory Act of the 96th General Assembly.

(225 ILCS 605/18.06 new)

Sec. 18.06. Additional requirements for pet shop operators.

(a) Pet shop operators shall only acquire dogs from breeders that are duly licensed under this Act if required to be so licensed, and 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 if required to be so licensed.

(b) If a pet shop operator keeps dogs in primary enclosures, which includes cages, kennels, and runs, he or she must:

(1) Ensure that the primary enclosure contains potable water that is not frozen, that is free from debris, and is readily accessible to all dogs at all times.

(2) Store all food in a manner that prevents spoilage, vermin infestation, and contamination.

(3) Provide all dogs at least daily with adequate food.

(4) Clean and sanitize the food and water receptacles on a weekly basis so as to comply with subparagraphs (1) and (2).

(5) Remove feces, urine, hair, dirt, debris, and food waste from the primary enclosures and sanitize them at least daily, or more often if necessary, to prevent an accumulation and to reduce disease hazards, insects, pests, and odors.

(6) Ensure that the dogs are removed from the primary enclosure when cleaning occurs.

(7) Ensure that all floors are constructed in a manner that protects the dogs' feet and legs from injury and that:

(A) all cages 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 simultaneously;

(B) all floors that are warped or sagging are replaced; and

(C) all floors and cages have no sharp points or edges that could injure the dogs.

(8) Provide space to allow each dog to turn about freely, to 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 shall also comply with federal law requiring a specified amount of space as found in 9 C.F.R. § 3.6(c)(1). For the second dog placed in the primary enclosure the minimum floor space shall be doubled. The floor space shall be calculated using the longest dog. For each dog above two, the minimum floor space shall by multiplied by 1.5 per additional dog. This paragraph (8) applies beginning one year after the effective date of this amendatory Act of the 96th General Assembly.

(9) Ensure that all dogs housed in the same primary enclosure must be compatible, as determined by observation.

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

(B) Dogs with a vicious or aggressive disposition must be housed individually.

(10) Ensure that all structures or dwellings where dogs are kept are 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 F. The ambient temperature must not rise above 85 degrees F.

(11) Ensure that all structures or dwellings where dogs are kept are sufficiently ventilated at all times to minimize odors, drafts, ammonia levels and to prevent moisture condensation

(12) Ensure that all structures or dwellings where dogs are kept are equipped with a working smoke alarm and shall have a means of fire suppression, such as a functioning fire extinguishers or a functioning sprinkler system on the premises.

(13) Ensure that, if the primary enclosures are stacked, a tray or other department-approved device is utilized which will prevent urine, feces, and other debris from passing onto or being discharged onto the underlying primary enclosure and that:

(A) The tray or approved device must be impermeable to water and capable of being easily sanitized; and

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

(14) A pet shop operator shall provide an area separate from other dogs for the isolation of any dog that appears to be affected with any infectious or contagious disease, parasitism, or physical injuries. The isolation area must be physically separate from the area of the general population so that there can be no contact between the isolated animal and animals in the general population. Dogs may be returned to the general kennel population after an examination, treatment, if required, and written release from a licensed veterinarian. Nothing in this subsection shall require nursing mothers to be separated from their litters.

(225 ILCS 605/18.5 new)

Sec. 18.5. Animal welfare issues. The Department must refer any possible violation of Sections 3.01, 3.02, 3.03, and 4.01 of the Humane Care for Animals Act or Section 26-5 of the Criminal Code of 1961 within 24 hours of the Department becoming knowledgeable about the possible violation to the appropriate local county animal control, law enforcement, or the county States Attorney. Nothing in this Act prevent the Department from further investigation and prosecution under the Humane Care for Animals Act or the Animal Welfare Act.

(225 ILCS 605/20.1 new)

Sec. 20.1. Unlicensed practice as a dog breeder or commercial dog breeder; violation; civil penalty.

(a) Any person operating as a dog breeder or a commercial dog breeder without a license 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 civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.

(b) The Department has the authority and power to investigate any unlicensed activity.

(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.

(d) The Department may also issue a cease and desist order to any person doing business without the required license. The order shall set forth the general factual and legal basis for the action and shall advise the affected person that within seven days of receipt of the order, he may file with the secretary a written request for an administrative hearing. The order to cease and desist shall become a final order of the department upon expiration of the seven-day period for requesting an administrative hearing, unless a timely request has been filed with the department. An unlicensed dog breeder or commercial dog breeder who receives a cease and desist order shall dispose of all dogs within 10 calendar days of receiving the order. The unlicensed dog breeder or commercial 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 unless otherwise authorizes in writing by the Department of Agriculture, which may include to a licensed dog breeder or licensed commercial dog breeder. Failure to comply will result in forfeiture of the dogs in a manner approved by the Department and the imposition of a civil penalty by the Department in an amount not to exceed $5,000 for each offense.

(e) An unlicensed dog breeder or commercial dog breeder that requests a hearing and applies for a license under this act within 10 calendar days of receiving the cease and desist order does not have to comply with subsection (b). However, until a license is granted, the unlicensed dog breeder or commercial dog breeder shall not breed or sell any dog without prior written authorization by the Department of Agriculture.

(225 ILCS 605/20.5)

Sec. 20.5. Administrative fines. 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, except as specified in Sections 10.5 and 20.1 of this Act:

(1) For the first violation, a fine of $200.

(2) For a second violation that occurs within 3 years after the first violation, a fine of $500.

(3) For a third violation that occurs within 3 years after the first violation, mandatory 12 month suspension probationary status and a fine of $1,000.

(4) For a fourth violation occurring within 4 years of the first violation, mandatory revocation for a period of at least 5 years and a fine of $5,000.

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

(225 ILCS 605/23 new)

Sec. 23. 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 99. Effective date. This Act takes effect on January 1, 2010.".