HB5448 101ST GENERAL ASSEMBLY

LRB101 20756 SPS 70443 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5448

Introduced , by Rep. Anne Stava-Murray

SYNOPSIS AS INTRODUCED:

225 ILCS 605/2	from Ch. 8, par. 302
225 ILCS 605/3.20 new
225 ILCS 605/3.25 new

Amends the Animal Welfare Act. Provides that high volume breeders shall comply with specified requirements for each dog that is kept, housed, and maintained by the breeder, including enclosure size and standards, food and water standards, medical care standards, and exercise and enrichment standards. Requires the Department of Agriculture to adopt rules that require high volume breeders to keep and maintain a record of veterinary care for each dog kept, housed, and maintained by the high volume breeder. Requires a dog broker or pet shop operator that seeks to purchase a dog from a high volume breeder, or an out-of-state dog breeder that would be a high volume breeder if located in this State, to request the breeder to sign a specified document stating that the breeder is in compliance with the standards applicable to high volume breeders. Defines terms. Makes other changes.

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 Section 2 and by adding Sections 3.20 and 3.25 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.

"Boarding" means a time frame greater than 12 hours or an overnight period during which an animal is kept by a kennel operator.

"Cat breeder" means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge cats that he or she 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 cat breeder.

"Dog breeder" means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge dogs that 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 dog breeder.

"High volume breeder" means an establishment that keeps, houses, and maintains 6 or more unspayed adult female dogs used for producing offspring and does at least one of the following:

(1) in return for a fee or other consideration, sells 5 or more adult dogs or puppies in any calendar year to dog brokers or pet shop operators;

(2) in return for a fee or other consideration, sells 40 or more puppies in any calendar year to the public; or

(3) keeps, houses, and maintains, at any given time in a calendar year, more than 40 puppies that are under 4 months of age, that have been bred on the premises of the establishment, and that have been primarily kept, housed, and maintained from birth on the premises of the establishment.

"Dog broker" means a person who buys, sells, or offers to sell dogs at wholesale for resale to another or who sells or gives one or more dogs to a pet shop operator annually. "Dog broker" does not include an animal shelter, animal control facility, a kennel operator, a pet shop operator, or a veterinarian.

"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. An organization that does not have its own building that maintains animals solely in foster homes or other licensees is an "animal shelter" for purposes of this Act. "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.

"Day care operator" means a person who operates an establishment, other than an animal control facility, veterinary hospital, or animal shelter, where dogs or dogs and cats are kept for a period of time not exceeding 12 hours.

"Foster home" means an entity that accepts the responsibility for stewardship of animals that are the obligation of an animal shelter or animal control facility, not to exceed 4 foster animals or 2 litters under 8 weeks of age at any given time. A written agreement to operate as a "foster home" shall be contracted with the animal shelter or animal control facility.

"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.

"Return" in return to field or trap, neuter, return program means to return the cat to field after it has been sterilized and vaccinated for rabies.

"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.

"Owner" means any person having a right of property in an animal, who keeps or harbors an animal, who has an animal in his or her care or acts as its custodian, or who knowingly permits a dog to remain on any premises occupied by him or her. "Owner" does not include a feral cat caretaker participating in a trap, spay/neuter, vaccinate for rabies, and return program.

"Enrichment" means any modification in the environment of a confined dog that seeks to enhance the dog's physical and psychological well-being by providing stimuli that meets the dog's breed-specific needs.

"Exercise" means activity that allows a dog to extend to full stride, play, and engage in other types of mentally stimulating and social behaviors.

"Thermoneutral zone" means the range of ambient temperature in which a dog is able to maintain normal body temperature without a change in metabolic rate.

(Source: P.A. 100-842, eff. 1-1-19; 100-870, eff. 1-1-19; 101-81, eff. 7-12-19; 101-295, eff. 8-9-19.)

(225 ILCS 605/3.20 new)

Sec. 3.20. High volume breeders.

(a) In addition to complying with all rules and laws applicable to a dog breeder, a high volume breeder shall do all of the following with regard to a dog that is kept, housed, and maintained by the breeder:

(1) Unless otherwise directed by a veterinarian, provide the dog, twice each day, with food that is:

(A) sufficient to maintain body condition and weight as directed by a veterinarian;

(B) unspoiled and uncontaminated;

(C) provided in accordance with a nutritional plan recommended by a veterinarian; and

(D) served in receptacles that are clean and sanitary.

(2) Each day provide access to a continuous supply of potable water in clean and sanitary receptacles that is of sufficient quality and quantity to ensure maintenance of normal body condition and growth unless otherwise directed by a veterinarian.

(3) Keep or confine the dog in a primary enclosure that complies with all of the following:

(A) The interior of the enclosure is at least 6 inches higher than the head of the tallest dog housed in the enclosure when the dog is in a normal standing position.

(B) It allows each dog housed in the enclosure to turn in a complete circle, lie down, and fully extend its limbs.

(C) It is not stacked on top of another primary enclosure.

(D) It is cleaned at least once per day to remove excreta, dirt, grime, and other waste.

(4) On and after December 31, 2021, keep or confine the dog in a primary enclosure that has a minimum floor space in square inches equal to the following: (the length of the dog housed in the enclosure in inches, as measured from the tip of the nose to the base of the tail, plus 9 inches)^2 multiplied by 2. For each additional dog that is kept or confined in a primary enclosure, the enclosure shall have additional floor space in square inches equal to the following: (length of each additional dog housed in the enclosure in inches, as measured from the tip of the nose to the base of the tail, plus 9 inches)^2.

(5) On and after December 31, 2021, ensure that the minimum floor space provided in accordance with paragraph (4) is solid or consists of slats. If the floor space consists of slats, the high volume breeder shall ensure the following:

(A) The spaces between the slats are not more than one-half inch in width.

(B) The slats are not less than 3 and one-half inches in width.

(C) All of the slats run in the same direction.

(D) The floor is level.

(6) On and after December 31, 2021, ensure that all flooring complies with the following:

(A) It consists of materials that can be cleaned and sanitized; is safe for the breed, size, and age of the dog; is free from protruding sharp edges; and is designed so that the paw of the dog is unable to extend through or become caught in the flooring.

(B) If the flooring surface consists of a material that is not solid, it has a solid resting area that can accommodate the full length of the dog while lying down.

(C) It does not sag, bend, or bounce.

(D) It does not consist of wire made of metal, including metal wire that is coated with another material.

(7) If the high volume breeder is using an indoor primary enclosure to house the dog, ensure that the enclosure is located in a facility that permits regulation of temperature, ventilation, and lighting, including diurnal lighting. The high volume breeder shall ensure that the lighting is sufficient, either through natural or artificial means, to observe the physical condition of the dog and to permit inspection and cleaning of the dog and the primary enclosure.

(8) Use an outdoor primary enclosure to house the dog only if a veterinarian approves such use.

(9) If the high volume breeder is using an outdoor primary enclosure to house the dog as provided in paragraph (8) and if climatic or ambient temperatures pose a threat to the health and welfare of the dog, take effective measures to eliminate the threat. If the high volume breeder has to take such measures, the high volume breeder shall consider the dog's age, breed, overall health, and acclimation to the environment. The high volume breeder shall not use an outdoor primary enclosure to house the dog if the dog is unable to tolerate the prevalent temperatures within the dog's thermoneutral zone.

(10) House the dog with other dogs, except for reasons of health, biosecurity, breeding, and behavioral issues.

(11) If the dog is a puppy that is 4 months or younger, house the dog with an adult dog only if the adult dog is the puppy's dam or foster dam.

(12) If the dog is a female, ensure that the dog does not produce more than 8 litters in its lifetime.

(13) If the dog is a female, ensure that the dog does not produce more than 8 litters in its lifetime.

(14) Provide a clean, dry whelping area for each dam and its nursing puppies. The high volume breeder shall ensure that the area fully accommodates all puppies, allows the dam to lie fully recumbent and stand, and permits the dam to temporarily move away from its puppies as it chooses. The high volume breeder shall ensure that no other animals inhabit the whelping area other than the dam and its puppies.

(15) Provide the dog with an opportunity for daily exercise of at least 30 minutes. However, this requirement does not apply to an expectant female dog, postpartum female dog, or any other dog as directed by a veterinarian.

(16) Provide the dog an opportunity to safely access the outdoors during daylight hours.

(17) Provide the dog with daily environmental enrichment in the dog's primary enclosure.

(18) Provide human interaction with the dog for at least 15 minutes each day in addition to interaction that occurs during feeding and cleaning time. The interaction, at a minimum, shall include verbal and tactile stimulation in a positive and beneficial manner.

(19) Provide the dog appropriate medical care by a veterinarian, including prompt treatment for any significant disease, illness, or injury.

(20) If the dog is an adult dog, provide the dog with an annual physical examination by a veterinarian.

(21) Comply with a vaccination and parasite control program that is provided by a veterinarian and that is consistent with recommendations of the American Veterinarian Medical Association or the American Animal Hospital Association.

(22) If a surgical or euthanasia procedure is required, use a veterinarian to perform the procedure.

(b) The Department shall adopt rules that require a high volume breeder to keep and maintain a record of veterinary care for each dog kept, housed, and maintained by the high volume breeder. The rules shall require the records to be kept and maintained for 3 years after the care is provided by a veterinarian.

(225 ILCS 605/3.25 new)

Sec. 3.25. Purchase of dogs from high volume breeders and out-of-state dog breeders.

(a) As used in this Section, "out-of-state dog breeder" means a dog breeder located outside of this State that, if located in this State, would be a high volume breeder.

(b) A dog broker or a pet shop operator that seeks to purchase a dog from a high volume breeder or out-of-state dog breeder, prior to completing the transaction, shall request the breeder to sign a document prescribed and provided by the Director. The document shall state that the high volume breeder or out-of-state dog breeder is in compliance with the standards of care established in Section 3.20 and the rules adopted thereunder. The broker or pet shop operator shall keep and maintain the signed document. If the high volume breeder or out-of-state dog breeder does not provide the signed document, the broker or pet shop operator shall not purchase the dog.

The broker or owner or operator shall allow the Director to inspect the signed document during normal business hours.

(c) No dog broker or pet shop operator shall knowingly sell a dog unless the dog broker or pet shop operator has obtained a signed document with respect to the dog as required under subsection (b). It is not a violation of this Section if the dog broker or pet shop operator has obtained such a document with regard to the dog.