HB3533 101ST GENERAL ASSEMBLY

LRB101 10633 AMC 55739 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3533

Introduced , by Rep. Anne Stava-Murray

SYNOPSIS AS INTRODUCED:

225 ILCS 605/3.8
225 ILCS 605/20.5

Amends the Animal Welfare Act. Provides that a pet shop operator may not sell or offer for sale any dog or cat if the dog or cat was obtained from a dog dealer or a cattery operator. Provides that a pet shop operator who violates the provisions is subject to a fine of $500 per animal offered for sale in violation of those provisions. Effective one year after becoming law.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Animal Welfare Act is amended by changing Sections 3.8 and 20.5 as follows:

(225 ILCS 605/3.8)

Sec. 3.8. Sourcing of dogs and cats sold by pet shops.

(a) A pet shop operator may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a person who is required to be licensed by the pet dealer regulations of the United States Department of Agriculture under the federal Animal Welfare Act (7 U.S.C. 2131 et seq.) if any of the following applies to the original breeder:

(1) The person is not currently licensed by the United States Department of Agriculture under the federal Animal Welfare Act.

(2) During the 2-year period before the day the dog or cat is received by the pet shop, the person received a direct or critical non-compliant citation on a final inspection report from the United States Department of Agriculture under the federal Animal Welfare Act.

(3) During the 2-year period before the day the dog or cat is received by the pet shop, the person received 3 or more non-compliant citations on a final inspection report from the United States Department of Agriculture for violations relating to the health or welfare of the animal and the violations were not administrative in nature.

(4) The person received a no-access violation on each of the 3 most recent final inspection reports from the United States Department of Agriculture.

(b) A pet shop operator is presumed to have acted in good faith and to have satisfied its obligation to ascertain whether a person meets the criteria described in subsection (a) of this Section if, when placing an order to obtain a dog or cat for sale or resale, the pet shop operator conducts a search for inspection reports that are readily available of the breeder on the Animal Care Information System online search tool maintained by the United States Department of Agriculture. If inspection reports are not readily available on the United States Department of Agriculture website, the pet shop operator must obtain the inspection reports from the person or persons required to meet the criteria described in subsection (a) of this Section.

(c) Notwithstanding subsections (a) and (b) of this Section, a pet shop operator may obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from: (1) a person that sells dogs only he or she has produced and raised and who is not required to be licensed by the United States Department of Agriculture, (2) a publicly operated pound or a private non-profit humane society or rescue, or (3) an animal adoption event conducted by a pound or humane society.

(c-5) Notwithstanding any other provision of this Section, a pet shop operator may not sell or offer for sale any dog or cat if the dog or cat was obtained from a dog dealer or a cattery operator.

(d) A pet shop operator shall maintain records verifying its compliance with this Section for 2 years after obtaining the dog or cat to be sold or offered for sale. Records maintained pursuant to this subsection (d) shall be open to inspection on request by a Department of Agriculture inspector.

(Source: P.A. 100-322, eff. 8-24-17.)

(225 ILCS 605/20.5)

Sec. 20.5. Administrative fines.

(a) 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:

(1) For the first violation, a fine of $500.

(2) For a second violation that occurs within 3 years after the first violation, a fine of $1,000.

(3) For a third violation that occurs within 3 years after the first violation, mandatory probationary status and a fine of $2,500.

(b) A pet shop operator who violates subsection (c-5) of Section 3.8 is subject to a fine of $500 per animal offered for sale in violation of that subsection.

(Source: P.A. 98-855, eff. 8-4-14.)

Section 99. Effective date. This Act takes effect one year after becoming law.