Illinois General Assembly - Full Text of HB3971
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Full Text of HB3971  102nd General Assembly


Rep. Stephanie A. Kifowit

Filed: 3/22/2021





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2    AMENDMENT NO. ______. Amend House Bill 3971 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Animal Welfare Act is amended by changing
5Section 2 and by adding Sections 21.5, 21.10, 21.15, and 21.20
6as follows:
7    (225 ILCS 605/2)  (from Ch. 8, par. 302)
8    Sec. 2. Definitions. As used in this Act unless the
9context otherwise requires:
10    "Department" means the Illinois Department of Agriculture.
11    "Director" means the Director of the Illinois Department
12of Agriculture.
13    "Pet shop operator" means any person who sells, offers to
14sell, exchange, or offers for adoption with or without charge
15or donation dogs, cats, birds, fish, reptiles, or other
16animals customarily obtained as pets in this State. However, a



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1person who sells only such animals that he has produced and
2raised shall not be considered a pet shop operator under this
3Act, and a veterinary hospital or clinic operated by a
4veterinarian or veterinarians licensed under the Veterinary
5Medicine and Surgery Practice Act of 2004 shall not be
6considered a pet shop operator under this Act.
7    "Dog dealer" means any person who sells, offers to sell,
8exchange, or offers for adoption with or without charge or
9donation dogs in this State. However, a person who sells only
10dogs that he has produced and raised shall not be considered a
11dog dealer under this Act, and a veterinary hospital or clinic
12operated by a veterinarian or veterinarians licensed under the
13Veterinary Medicine and Surgery Practice Act of 2004 shall not
14be considered a dog dealer under this Act.
15    "Secretary of Agriculture" or "Secretary" means the
16Secretary of Agriculture of the United States Department of
18    "Person" means any person, firm, corporation, partnership,
19association or other legal entity, any public or private
20institution, the State of Illinois, or any municipal
21corporation or political subdivision of the State.
22    "Kennel operator" means any person who operates an
23establishment, other than an animal control facility,
24veterinary hospital, or animal shelter, where dogs or dogs and
25cats are maintained for boarding, training or similar purposes
26for a fee or compensation.



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1    "Boarding" means a time frame greater than 12 hours or an
2overnight period during which an animal is kept by a kennel
4    "Cat breeder" means a person who sells, offers to sell,
5exchanges, or offers for adoption with or without charge cats
6that he or she has produced and raised. A person who owns, has
7possession of, or harbors 5 or less females capable of
8reproduction shall not be considered a cat breeder.
9    "Dog breeder" means a person who sells, offers to sell,
10exchanges, or offers for adoption with or without charge dogs
11that he has produced and raised. A person who owns, has
12possession of, or harbors 5 or less females capable of
13reproduction shall not be considered a dog breeder.
14    "Animal" means any mammal, bird, fish, or reptile offered
15for sale, trade, or adoption or for which a service is provided
16by any person licensed under this Act.
17    "Animal control facility" means any facility operated by
18or under contract for the State, county, or any municipal
19corporation or political subdivision of the State for the
20purpose of impounding or harboring seized, stray, homeless,
21abandoned or unwanted dogs, cats, and other animals. "Animal
22control facility" also means any veterinary hospital or clinic
23operated by a veterinarian or veterinarians licensed under the
24Veterinary Medicine and Surgery Practice Act of 2004 which
25operates for the above mentioned purpose in addition to its
26customary purposes.



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1    "Animal shelter" means a facility operated, owned, or
2maintained by a duly incorporated humane society, animal
3welfare society, or other non-profit organization for the
4purpose of providing for and promoting the welfare,
5protection, and humane treatment of animals. An organization
6that does not have its own building that maintains animals
7solely in foster homes or other licensees is an "animal
8shelter" for purposes of this Act. "Animal shelter" also means
9any veterinary hospital or clinic operated by a veterinarian
10or veterinarians licensed under the Veterinary Medicine and
11Surgery Practice Act of 2004 which operates for the above
12mentioned purpose in addition to its customary purposes.
13    "Day care operator" means a person who operates an
14establishment, other than an animal control facility,
15veterinary hospital, or animal shelter, where dogs or dogs and
16cats are kept for a period of time not exceeding 12 hours.
17    "Enclosure" means the area where a dog or cat is confined.
18"Enclosure" includes, but is not limited to, cages, whelping
19boxes, and runs.
20    "Equine shelter" means an animal shelter as defined in
21this Act that applies only to equines.
22    "Exotic or non-domesticated animals" means mammals,
23including nonhuman primates, reptiles, and birds that are not
24native to North America and are not normally maintained
25livestock (llamas, ratites, cervids, and similar animals are
26considered livestock under this definition) or native mammals



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1that are not domesticated and normally maintained as pets,
2including prairie dogs. "Exotic or non-domesticated animals"
3does not include hamsters, guinea pigs, gerbils, any member of
4the species felis catus that has been domesticated, or canis
6    "Foster home" means an entity that accepts the
7responsibility for stewardship of animals that are the
8obligation of an animal shelter or animal control facility,
9not to exceed 4 foster animals or 2 litters under 8 weeks of
10age at any given time. A written agreement to operate as a
11"foster home" shall be contracted with the animal shelter or
12animal control facility.
13    "Guard dog service" means an entity that, for a fee,
14furnishes or leases guard or sentry dogs for the protection of
15life or property. A person is not a guard dog service solely
16because he or she owns a dog and uses it to guard his or her
17home, business, or farmland.
18    "Guard dog" means a type of dog used primarily for the
19purpose of defending, patrolling, or protecting property or
20life at a commercial establishment other than a farm. "Guard
21dog" does not include stock dogs used primarily for handling
22and controlling livestock or farm animals, nor does it include
23personally owned pets that also provide security.
24    "Physical examination" means an examination performed by a
25licensed veterinarian, where the veterinarian determines the
26health and fitness of the animal and renders advice and



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1recommendations pursuant to the Veterinary Medicine and
2Surgery Practice Act of 2004 that shall include at minimum a
3hands-on examination, including a comprehensive physical
4examination, dental assessment, body condition scoring, and
5pain assessment.
6    "Return" in return to field or trap, neuter, return
7program means to return the cat to field after it has been
8sterilized and vaccinated for rabies.
9    "Sentry dog" means a dog trained to work without
10supervision in a fenced facility other than a farm, and to
11deter or detain unauthorized persons found within the
13    "Probationary status" means the 12-month period following
14a series of violations of this Act during which any further
15violation shall result in an automatic 12-month suspension of
17    "Owner" means any person having a right of property in an
18animal, who keeps or harbors an animal, who has an animal in
19his or her care or acts as its custodian, or who knowingly
20permits a dog to remain on any premises occupied by him or her.
21"Owner" does not include a feral cat caretaker participating
22in a trap, spay/neuter, vaccinate for rabies, and return
24    "Work progress form" means a form issued by the Department
25to a licensee or applicant that provides notice of
26deficiencies and the improvements required to be made within a



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1specified period of time to comply with this Act.
2(Source: P.A. 100-842, eff. 1-1-19; 100-870, eff. 1-1-19;
3101-81, eff. 7-12-19; 101-295, eff. 8-9-19.)
4    (225 ILCS 605/21.5 new)
5    Sec. 21.5. Buildings and premises.
6    (a) All buildings and premises shall be maintained in a
7sanitary condition and the licensee shall:
8        (1) Have covered, leak-proof containers available for
9    storage of waste materials before disposal to control
10    vermin and insects. Such containers shall be maintained in
11    a sanitary condition. This paragraph does not apply to
12    equine shelters.
13        (2) Dispose of dead animals in compliance with the
14    Illinois Dead Animal Disposal Act and rules adopted
15    pursuant to that Act or the Companion Animal Cremation
16    Act. Compliance with those Acts shall not exempt a
17    licensee from compliance with local ordinances.
18        (3) Take effective control measures to prevent
19    infestation of animals and premises with external
20    parasites and vermin.
21        (4) Provide water from a source having sufficient
22    pressure to properly sanitize and clean the facility and
23    equipment. This paragraph does not apply to equine
24    shelters.
25        (5) Provide hand washing facilities.



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1    (b) All buildings shall be constructed so as to provide
2adequate shelter for the comfort of the animals and shall
3provide adequate facilities for isolation of diseased animals
4and their waste to avoid exposure to healthy and salable
6    (c) Floors of buildings housing or displaying animals
7shall be of permanent construction to enable thorough cleaning
8and sanitizing, except equine shelters. Dirt and unfinished
9wood floors are unacceptable, except for equine shelters.
10Cleaning shall be performed daily, or more often if necessary,
11to prevent any accumulation of debris, dirt, or waste.
12    (d) Enclosures shall be constructed of a material that is
13impervious to urine and water and able to withstand damage
14from gnawing and chewing. This subsection does not apply to
15equine shelters. The floors of the enclosures must be
16constructed of a material that does not sag, bend, or bounce.
17        (1) The enclosures must be cleaned and sanitized at
18    least once daily, or more often if necessary.
19        (2) All empty cages shall be kept clean at all times.
20        (3) Enclosures shall be of sufficient size to allow
21    the animal to comfortably stand, sit, or lie, turn in a
22    complete circle, and offer freedom of movement.
23        (4) An ambient temperature as defined in the
24    regulations for the Federal Animal Welfare Act (9 CFR 3.2)
25    shall be maintained for warmblooded animals. In the case
26    of coldblooded animals, the temperature that is compatible



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1    to the well-being of the species shall be maintained.
2        (5) The following requirements apply after December
3    31, 2022, for all enclosures containing dogs and cats:
4            (A) Enclosure flooring must consist of a solid
5        surface, slats, or coated wire (PVC or vinyl) to
6        decrease and prevent injury and decrease the
7        detrimental health effects on the enclosed animals.
8        Slats shall be appropriately spaced for the species
9        and size of the animal and shall be constructed in a
10        manner which prevents the animal's feet from getting
11        trapped or injured.
12            (B) Enclosures may not be stacked on top of each
13        other unless the enclosures were commercially designed
14        and constructed to be a multi-level enclosure/kennel.
15            (C) Enclosures that are located indoors must be
16        placed in facilities with adequate light and
17        ventilation to allow for the well-being of the animal
18        and to permit routine inspection and cleaning.
19        (6) After December 31, 2022, outdoor enclosures for
20    dogs and cats must meet the requirements of this Section
21    and meet the following additional requirements:
22            (A) If climatic or ambient temperatures pose a
23        threat to the health and welfare of the dog or cat,
24        effective measures must be taken to eliminate the
25        threat.
26            (B) An outdoor enclosure shall not be used if the



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1        dog or cat is unable to tolerate the prevalent
2        temperatures based on the animal's own
3        characteristics, including breed, body condition, and
4        acclimation to the environment.
5    (e) Runs shall be constructed of material of sufficient
6strength and design to confine the animals. This subsection
7does not apply to equine shelters.
8        (1) Runs shall be kept in good repair and condition.
9        (2) For new construction or remodeling, the licensee
10    shall provide runs surfaced with concrete or other
11    impervious material.
12        (3) The surface of the run shall be designed to permit
13    the surface to be cleaned and disinfected and kept free
14    from excessive accumulation of animal waste.
15        (4) Provisions must be made for adequate drainage,
16    including gutters and discharge of any fluid or content
17    into a sewer, septic tank, or filter field. The drainage
18    system shall comply with any local zoning.
19    (f) Cages or aquariums for housing of small animals,
20birds, or fish shall provide space not less than 2.5 times the
21body volume of living creatures contained therein.
22    (g) If animals are group-housed, they shall be maintained
23in compatible groups without overcrowding. No female animal in
24estrus shall be placed in a pen with male animals, except for
25breeding purposes.
26    (h) Upon an inspection of a licensee or applicant by the



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1Department, the Department may provide a work progress form to
2the licensee or applicant if deficiencies are detected during
3the inspection. The licensee or applicant must make the
4improvements to correct the deficiencies listed in the form
5within the time period specified in the form.
6    (225 ILCS 605/21.10 new)
7    Sec. 21.10. General care of animals.
8    (a) All persons or establishments licensed under this Act
9shall comply with all provisions of the Humane Care for
10Animals Act.
11    (b) Sufficient clean water and fresh food shall be offered
12to each animal daily as prescribed in the regulations for the
13Federal Animal Welfare Act (9 CFR 3.5-3.7). In the case of
14young animals, they shall be fed more than once daily.
15Reptiles, fish, or amphibians shall be fed and cared for in
16accordance with the eating patterns and environmental
17conditions compatible with each individual species.
18    (c) The licensee or his or her representative shall be
19present for general care and maintenance of the animals at
20least once daily.
21    (d) Aquariums containing fish shall be kept in a clean
22healthful condition. Live algae shall not be considered an
23unhealthful condition. Any dead fish shall be removed from
25    (e) Adult cats shall be provided with litter pans at all



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1times. The pans shall be cleaned and sanitized at least once
2daily or more often if necessary.
3    (f) Equine shelters shall follow the American Association
4of Equine Practitioners Care Guidelines for Equine Rescue and
5Retirement Facilities.
6    (g) Dog breeders, cat breeders, animal shelters, kennel
7operators, animal control facilities, foster homes, and pet
8shop operators shall provide grooming, as necessary, to
9prevent matting of coat and to prevent accumulation of fecal
10matter, urine, or any other material within the coat. Grooming
11shall include nail trimming to ensure that nails do not injure
12the dog or cat.
13    (h) Dog breeders, cat breeders, animal shelters, kennel
14operators, animal control facilities, foster homes, and pet
15shop operators shall comply with the Animal Control Act with
16regards to rabies inoculation and must register with their
17county of residence.
18    (i) Dog breeders, cat breeders, animal shelters, kennel
19operators, animal control facilities, foster homes, and pet
20shop operators shall provide animals an opportunity for daily
21exercise. Exercise may consist of a play area, time in run, or
22leash walks. A daily log shall be maintained documenting daily
23exercise for each animal.
24    (j) Dog breeders, cat breeders, animal shelters, kennel
25operators, animal control facilities, foster homes, and pet
26shop operators shall have a working relationship with a



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1veterinarian who provides recommendations on vaccination and
2deworming protocols. Each animal shall receive a complete
3physical examination by a licensed veterinarian within 30 days
4of intake or prior to adoption or sale, whichever occurs
5first, and thereafter on an annual basis. Each animal used for
6breeding shall receive an annual physical examination by a
7licensed veterinarian as long as the dog is in the breeding
8population. A record of all completed physical examinations
9shall be available for inspection.
10    (225 ILCS 605/21.15 new)
11    Sec. 21.15. Records.
12    (a) Records of sales of all animals, excluding fish, shall
13be maintained by the licensee for a minimum period of 12 months
14after the date of sale or transfer of animal and shall include
15the source of the animal, date of sale, description and sex of
16animal sold, and the name and address of the purchaser.
17Records of sales of small mammals, including hamsters, mice,
18gerbils, or rats that were born in the United States, birds,
19and fish are not required. These records must be available for
20inspection during normal business hours by Department
21employees or persons designated by the Department. Each
22licensee must report to the Department the number of dogs,
23puppies, cats, kittens, and exotic or non-domesticated animals
24sold for the previous calendar year at the time of license
25renewal. Shelters and animal control facilities must report to



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1the Department the total number of dogs, cats, and other
2animals received, adopted, euthanized, or reclaimed by the
3owner for the previous calendar year at the time of license
5    (b) If a record of prophylactic medication is used in
6advertisement or is furnished to the purchaser or person
7acquiring an animal, specific information regarding the type,
8amount, and date of prophylactic medication shall be kept by
9the licensee and shall become a part of the retail sales
11    (c) The licensee or his or her representative shall
12furnish the purchaser of a dog, cat, or nonhuman primate a
13written statement at the time of sale.
14        (1) The date of sale and date of birth, if known.
15        (2) The name, address, and telephone number of the
16    licensee.
17        (3) The name, address, and telephone number of the
18    purchaser.
19        (4) The breed and description of the dog, cat, or
20    nonhuman primate, including age, sex, and weight of the
21    animal.
22        (5) A description of each prophylactic immunization
23    provided to the animal and the dates that each
24    immunization was administered.
25        (6) A description of each internal parasite medication
26    provided to the animal and the dates that each medication



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1    was administered.
2        (7) The record of sterilization of an animal or lack
3    of sterilization.
4        (8) The guarantee, if offered, or a statement that no
5    guarantee was offered to the purchaser.
6        (9) If the dog or cat sold to the purchaser is capable
7    of registration, the name and registration numbers of the
8    sire and dam and registry information.
9        (10) Include any other significant identification, if
10    known, for each animal, including any official tag number,
11    tattoo, or microchip.
12    This information may be recorded on an Animal Welfare
13Release Statement or on a similar form prepared by the
14licensee and approved in advance by the Department.
15    (d) The licensee shall have any dog used as a breeding
16animal tested annually for canine brucellosis. The test must
17be performed by a licensed veterinarian and the licensee must
18keep a copy of the test results for 2 years.
19    (225 ILCS 605/21.20 new)
20    Sec. 21.20. Foster homes.
21    A licensed animal shelter shall be responsible for
22maintaining records of formal written agreements between the
23licensee and foster home as required under Section 3.2. The
24following requirements shall be complied with and shall be the
25shelter's obligation:



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1        (1) The animals held at the foster home shall be
2    afforded a clean environment and the home shall comply
3    with all provisions of the Humane Care for Animals Act.
4        (2) Records for the animals shall be available for
5    review by Department personnel upon request and shall be
6    retained at the animal shelter for 2 years.
7        (3) The foster home shall be accessible for inspection
8    by Department personnel for compliance with sanitation and
9    the quality of care being afforded the animals as required
10    under Section 3.2.
11        (4) Any dog over 4 months of age shall be vaccinated
12    for rabies and the certificate of vaccination will be
13    transferred to the person adopting the dog.
14        (5) No animals shall be released to an adoptive owner
15    until provisions have been completed for spaying of
16    females or neutering of males.".