Illinois General Assembly - Full Text of HB3646
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Full Text of HB3646  102nd General Assembly

HB3646 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3646

 

Introduced 2/22/2021, by Rep. Andrew S. Chesney - Barbara Hernandez - Jonathan Carroll and Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 605/2  from Ch. 8, par. 302
225 ILCS 605/3.8
225 ILCS 605/3.9 new
225 ILCS 605/3.15
225 ILCS 605/20  from Ch. 8, par. 320
225 ILCS 605/20.5

    Amends the Animal Welfare Act. Provides that a pet shop operator may offer for sale a dog or cat only if the dog or cat is obtained from an animal control facility or animal shelter. Provides that an animal control facility or animal shelter that supplies dogs or cats to pet shop operators to be offered for sale shall not be a dog breeder or a cat breeder or obtain dogs or cats from a dog breeder, a cat breeder, a person who resells dogs or cats from a breeder, or a person who sells dogs or cats at auction in exchange for payment or compensation. Defines the term "offer for sale" and modifies the definitions of "pet shop operator" and "animal shelter". Effective 180 days after becoming law.


LRB102 16063 KMF 21435 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3646LRB102 16063 KMF 21435 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Animal Welfare Act is amended by changing
5Sections 2, 3.8, 3.15, 20 and 20.5 and by adding Section 3.9 as
6follows:
 
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 at retail
17to the public. However, a person who sells only such animals
18that he has produced and raised shall not be considered a pet
19shop operator under this Act, and a veterinary hospital or
20clinic operated by a veterinarian or veterinarians licensed
21under the Veterinary Medicine and Surgery Practice Act of 2004
22shall not be considered a pet shop operator under this Act.
23    "Dog dealer" means any person who sells, offers to sell,

 

 

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1exchange, or offers for adoption with or without charge or
2donation dogs in this State. However, a person who sells only
3dogs that he has produced and raised shall not be considered a
4dog dealer under this Act, and a veterinary hospital or clinic
5operated by a veterinarian or veterinarians licensed under the
6Veterinary Medicine and Surgery Practice Act of 2004 shall not
7be considered a dog dealer under this Act.
8    "Secretary of Agriculture" or "Secretary" means the
9Secretary of Agriculture of the United States Department of
10Agriculture.
11    "Person" means any person, firm, corporation, partnership,
12association or other legal entity, any public or private
13institution, the State of Illinois, or any municipal
14corporation or political subdivision of the State.
15    "Kennel operator" means any person who operates an
16establishment, other than an animal control facility,
17veterinary hospital, or animal shelter, where dogs or dogs and
18cats are maintained for boarding, training or similar purposes
19for a fee or compensation.
20    "Boarding" means a time frame greater than 12 hours or an
21overnight period during which an animal is kept by a kennel
22operator.
23    "Cat breeder" means a person who sells, offers to sell,
24exchanges, or offers for adoption with or without charge cats
25that he or she has produced and raised. A person who owns, has
26possession of, or harbors 5 or less females capable of

 

 

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1reproduction shall not be considered a cat breeder.
2    "Dog breeder" means a person who sells, offers to sell,
3exchanges, or offers for adoption with or without charge dogs
4that he has produced and raised. A person who owns, has
5possession of, or harbors 5 or less females capable of
6reproduction shall not be considered a dog breeder.
7    "Animal control facility" means any facility operated by
8or under contract for the State, county, or any municipal
9corporation or political subdivision of the State for the
10purpose of impounding or harboring seized, stray, homeless,
11abandoned or unwanted dogs, cats, and other animals. "Animal
12control facility" also means any veterinary hospital or clinic
13operated by a veterinarian or veterinarians licensed under the
14Veterinary Medicine and Surgery Practice Act of 2004 which
15operates for the above mentioned purpose in addition to its
16customary purposes.
17    "Animal shelter" means a facility operated, owned, or
18maintained by a duly incorporated humane society, animal
19welfare society, or other non-profit organization having
20tax-exempt status under Section 501(c)(3) of the Internal
21Revenue Code for the purpose of providing for and promoting
22the welfare, protection, and humane treatment of animals. An
23organization that does not have its own building that
24maintains animals solely in foster homes or other licensees is
25an "animal shelter" for purposes of this Act. "Animal shelter"
26also means any veterinary hospital or clinic operated by a

 

 

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1veterinarian or veterinarians licensed under the Veterinary
2Medicine and Surgery Practice Act of 2004 which operates for
3the above mentioned purpose in addition to its customary
4purposes.
5    "Day care operator" means a person who operates an
6establishment, other than an animal control facility,
7veterinary hospital, or animal shelter, where dogs or dogs and
8cats are kept for a period of time not exceeding 12 hours.
9    "Foster home" means an entity that accepts the
10responsibility for stewardship of animals that are the
11obligation of an animal shelter or animal control facility,
12not to exceed 4 foster animals or 2 litters under 8 weeks of
13age at any given time. A written agreement to operate as a
14"foster home" shall be contracted with the animal shelter or
15animal control facility.
16    "Guard dog service" means an entity that, for a fee,
17furnishes or leases guard or sentry dogs for the protection of
18life or property. A person is not a guard dog service solely
19because he or she owns a dog and uses it to guard his or her
20home, business, or farmland.
21    "Guard dog" means a type of dog used primarily for the
22purpose of defending, patrolling, or protecting property or
23life at a commercial establishment other than a farm. "Guard
24dog" does not include stock dogs used primarily for handling
25and controlling livestock or farm animals, nor does it include
26personally owned pets that also provide security.

 

 

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1    "Return" in return to field or trap, neuter, return
2program means to return the cat to field after it has been
3sterilized and vaccinated for rabies.
4    "Sentry dog" means a dog trained to work without
5supervision in a fenced facility other than a farm, and to
6deter or detain unauthorized persons found within the
7facility.
8    "Probationary status" means the 12-month period following
9a series of violations of this Act during which any further
10violation shall result in an automatic 12-month suspension of
11licensure.
12    "Owner" means any person having a right of property in an
13animal, who keeps or harbors an animal, who has an animal in
14his or her care or acts as its custodian, or who knowingly
15permits a dog to remain on any premises occupied by him or her.
16"Owner" does not include a feral cat caretaker participating
17in a trap, spay/neuter, vaccinate for rabies, and return
18program.
19    "Offer for sale" means to display, sell, exchange for
20consideration, offer for adoption, advertise for the sale of,
21barter, auction, give away, or otherwise dispose of animals.
22(Source: P.A. 100-842, eff. 1-1-19; 100-870, eff. 1-1-19;
23101-81, eff. 7-12-19; 101-295, eff. 8-9-19.)
 
24    (225 ILCS 605/3.8)
25    Sec. 3.8. Prohibition Sourcing of dogs and cats sold by

 

 

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1pet shops; recordkeeping.
2    (a) A pet shop operator may offer for sale a dog or cat
3only if the dog or cat is obtained from an animal control
4facility or animal shelter, located in-state or out-of-state,
5that is in compliance with Section 3.9.
6    (b) A pet shop operator shall keep a record of each dog or
7cat offered for sale. The record must be kept on file for a
8period of 2 years following the acquisition of each dog or cat,
9made available to the Department upon request, and submitted
10to the Department on May 1 and November 1 of each year. The
11record shall include the following:
12        (1) name, address, and phone number of the animal
13    control facility or animal shelter each dog or cat was
14    obtained from; and
15        (2) documentation from the animal control facility or
16    animal shelter each dog or cat was obtained from
17    demonstrating compliance with Section 3.9, including the
18    circumstances that led to the animal control facility or
19    animal shelter obtaining ownership of the dog or cat and
20    any other information indicating the dog or cat was not
21    obtained from a source prohibited in Section 3.9.
22    (c) In addition to the penalties set forth in Section
2320.5, a pet shop operator that violates subsection (a) shall
24no longer offer for sale a dog or cat regardless of where the
25dog or cat was obtained.
26    (a) A pet shop operator may not obtain a dog or cat for

 

 

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1resale or sell or offer for sale any dog or cat obtained from a
2person who is required to be licensed by the pet dealer
3regulations of the United States Department of Agriculture
4under the federal Animal Welfare Act (7 U.S.C. 2131 et seq.) if
5any of the following applies to the original breeder:
6        (1) The person is not currently licensed by the United
7    States Department of Agriculture under the federal Animal
8    Welfare Act.
9        (2) During the 2-year period before the day the dog or
10    cat is received by the pet shop, the person received a
11    direct or critical non-compliant citation on a final
12    inspection report from the United States Department of
13    Agriculture under the federal Animal Welfare Act.
14        (3) During the 2-year period before the day the dog or
15    cat is received by the pet shop, the person received 3 or
16    more non-compliant citations on a final inspection report
17    from the United States Department of Agriculture for
18    violations relating to the health or welfare of the animal
19    and the violations were not administrative in nature.
20        (4) The person received a no-access violation on each
21    of the 3 most recent final inspection reports from the
22    United States Department of Agriculture.
23    (b) A pet shop operator is presumed to have acted in good
24faith and to have satisfied its obligation to ascertain
25whether a person meets the criteria described in subsection
26(a) of this Section if, when placing an order to obtain a dog

 

 

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1or cat for sale or resale, the pet shop operator conducts a
2search for inspection reports that are readily available of
3the breeder on the Animal Care Information System online
4search tool maintained by the United States Department of
5Agriculture. If inspection reports are not readily available
6on the United States Department of Agriculture website, the
7pet shop operator must obtain the inspection reports from the
8person or persons required to meet the criteria described in
9subsection (a) of this Section.
10    (c) Notwithstanding subsections (a) and (b) of this
11Section, a pet shop operator may obtain a dog or cat for resale
12or sell or offer for sale any dog or cat obtained from: (1) a
13person that sells dogs only he or she has produced and raised
14and who is not required to be licensed by the United States
15Department of Agriculture, (2) a publicly operated pound or a
16private non-profit humane society or rescue, or (3) an animal
17adoption event conducted by a pound or humane society.
18    (d) A pet shop operator shall maintain records verifying
19its compliance with this Section for 2 years after obtaining
20the dog or cat to be sold or offered for sale. Records
21maintained pursuant to this subsection (d) shall be open to
22inspection on request by a Department of Agriculture
23inspector.
24(Source: P.A. 100-322, eff. 8-24-17.)
 
25    (225 ILCS 605/3.9 new)

 

 

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1    Sec. 3.9. Animal control facilities and animal shelters
2supplying to pet shop operators.
3    (a) An animal control facility or animal shelter that
4supplies dogs or cats to pet shop operators to be offered for
5sale shall not be a dog breeder or a cat breeder or obtain dogs
6or cats from a dog breeder, a cat breeder, a person who resells
7dogs or cats from a breeder, or a person who sells dogs or cats
8at auction in exchange for payment or compensation.
9    (b) An animal control facility or animal shelter that
10supplies dogs or cats to pet shops to be offered for sale shall
11provide pet shops with documentation demonstrating compliance
12with this Section, including a description of the ownership
13history of each dog or cat supplied, if known, the
14circumstances that led to ownership of the dog or cat, and any
15other information indicating the dog or cat was not obtained
16from a source prohibited in this Section.
 
17    (225 ILCS 605/3.15)
18    Sec. 3.15. Disclosures for dogs and cats being sold by pet
19shops.
20    (a) Prior to the time of sale, every pet shop operator
21must, to the best of his or her knowledge, provide to the
22consumer the following information on any dog or cat being
23offered for sale:
24        (1) The retail price of the dog or cat, including any
25    additional fees or charges.

 

 

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1        (2) The breed or breeds, if known, age, date of birth,
2    sex, and color of the dog or cat.
3        (3) The date and description of any inoculation or
4    medical treatment that the dog or cat received while under
5    the possession of the pet shop operator, and any
6    inoculation or medical treatment that the dog or cat
7    received while under the possession of the animal control
8    facility or animal shelter that the pet shop operator is
9    aware of.
10        (4) Sourcing information required in subsection (b) of
11    Section 3.8. The name and business address of both the dog
12    or cat breeder and the facility where the dog or cat was
13    born. If the dog or cat breeder is located in the State,
14    then the breeder's license number. If the dog or cat
15    breeder also holds a license issued by the United States
16    Department of Agriculture, the breeder's federal license
17    number.
18        (5) (Blank).
19        (6) (Blank). If eligible for registration with a
20    pedigree registry, then the name and registration numbers
21    of the sire and dam and the address of the pedigree
22    registry where the sire and dam are registered.
23        (7) If the dog or cat was returned by a customer, then
24    the date and reason for the return.
25        (8) A copy of the pet shop's policy regarding
26    warranties, refunds, or returns and an explanation of the

 

 

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1    remedy under subsections (f) through (m) of this Section
2    in addition to any other remedies available at law.
3        (9) The pet shop operator's license number issued by
4    the Illinois Department of Agriculture.
5        (10) Disclosure that the dog or cat has been
6    microchipped and the microchip has been enrolled in a
7    nationally searchable database. Pet stores must also
8    disclose that the purchaser has the option to list the pet
9    store as a secondary contact on the microchip.
10    (a-5) All dogs and cats shall be microchipped by a pet shop
11operator prior to sale.
12    (b) The information required in subsection (a) shall be
13provided to the customer in written form by the pet shop
14operator and shall have an acknowledgement of disclosures
15form, which must be signed by the customer and the pet shop
16operator at the time of sale. The acknowledgement of
17disclosures form shall include the following:
18        (1) A blank space for the dated signature and printed
19    name of the pet shop operator, which shall be immediately
20    beneath the following statement: "I hereby attest that all
21    of the above information is true and correct to the best of
22    my knowledge.".
23        (2) A blank space for the customer to sign and print
24    his or her name and the date, which shall be immediately
25    beneath the following statement: "I hereby attest that
26    this disclosure was posted on or near the cage of the dog

 

 

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1    or cat for sale and that I have read all of the
2    disclosures. I further understand that I am entitled to
3    keep a signed copy of this disclosure.".
4    (c) A copy of the disclosures and the signed
5acknowledgement of disclosures form shall be provided to the
6customer at the time of sale and the original copy shall be
7maintained by the pet shop operator for a period of 2 years
8from the date of sale. A copy of the pet store operator's
9policy regarding warranties, refunds, or returns shall be
10provided to the customer.
11    (d) A pet shop operator shall post in a conspicuous place
12in writing on or near the cage of any dog or cat available for
13sale the information required by subsection (a) of this
14Section 3.15.
15    (e) If there is an outbreak of distemper, parvovirus, or
16any other contagious and potentially life-threatening disease,
17the pet shop operator shall notify the Department immediately
18upon becoming aware of the disease. If the Department issues a
19quarantine, the pet shop operator shall notify, in writing and
20within 2 business days of the quarantine, each customer who
21purchased a dog or cat during the 2-week period prior to the
22outbreak and quarantine.
23    (f) A customer who purchased a dog or cat from a pet shop
24is entitled to a remedy under this Section if:
25        (1) within 21 days after the date of sale, a licensed
26    veterinarian states in writing that at the time of sale

 

 

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1    (A) the dog or cat was unfit for purchase due to illness or
2    disease, the presence of symptoms of a contagious or
3    infectious disease, or obvious signs of severe parasitism
4    that are extreme enough to influence the general health of
5    the animal, excluding fleas or ticks, or (B) the dog or cat
6    has died from a disease that existed in the dog or cat on
7    or before the date of delivery to the customer; or
8        (2) within one year after the date of sale, a licensed
9    veterinarian states in writing that the dog or cat
10    possesses a congenital or hereditary condition that
11    adversely affects the health of the dog or cat or requires
12    either hospitalization or a non-elective surgical
13    procedure or has died of a congenital or hereditary
14    condition. Internal or external parasites may not be
15    considered to adversely affect the health of the dog
16    unless the presence of the parasites makes the dog or cat
17    clinically ill. The veterinarian's statement shall
18    include:
19            (A) the customer's name and address;
20            (B) a statement that the veterinarian examined the
21        dog or cat;
22            (C) the date or dates that the dog or cat was
23        examined;
24            (D) the breed and age of the dog or cat, if known;
25            (E) a statement that the dog or cat has or had a
26        disease, illness, or congenital or hereditary

 

 

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1        condition that is subject to remedy; and
2            (F) the findings of the examination or necropsy,
3        including any lab results or copies of the results.
4    (g) A customer entitled to a remedy under subsection (f)
5of this Section may:
6        (1) return the dog or cat to the pet shop for a full
7    refund of the purchase price;
8        (2) exchange the dog or cat for another dog or cat of
9    comparable value chosen by the customer;
10        (3) retain the dog or cat and be reimbursed for
11    reasonable veterinary fees for diagnosis and treatment of
12    the dog or cat, not to exceed the purchase price of the dog
13    or cat; or
14        (4) if the dog or cat is deceased, be reimbursed for
15    the full purchase price of the dog or cat plus reasonable
16    veterinary fees associated with the diagnosis and
17    treatment of the dog or cat, not to exceed one times the
18    purchase price of the dog or cat.
19    For the purposes of this subsection (g), veterinary fees
20shall be considered reasonable if (i) the services provided
21are appropriate for the diagnosis and treatment of the
22disease, illness, or congenital or hereditary condition and
23(ii) the cost of the services is comparable to that charged for
24similar services by other licensed veterinarians located in
25close proximity to the treating veterinarian.
26    (h) Unless the pet shop contests a reimbursement required

 

 

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1under subsection (g) of this Section, the reimbursement shall
2be made to the customer no later than 10 business days after
3the pet shop operator receives the veterinarian's statement
4under subsection (f) of this Section.
5    (i) To obtain a remedy under this Section, a customer
6shall:
7        (1) notify the pet shop as soon as reasonably possible
8    and not to exceed 3 business days after a diagnosis by a
9    licensed veterinarian of a disease, illness, or congenital
10    or hereditary condition of the dog or cat for which the
11    customer is seeking a remedy;
12        (2) provide to the pet shop a written statement
13    provided for under subsection (f) of this Section by a
14    licensed veterinarian within 5 business days after a
15    diagnosis by the veterinarian;
16        (3) upon request of the pet shop, take the dog or cat
17    for an examination by a second licensed veterinarian; the
18    customer may either choose the second licensed
19    veterinarian or allow the pet shop to choose the second
20    veterinarian, if the pet shop agrees to do so. The party
21    choosing the second veterinarian shall assume the cost of
22    the resulting examination; and
23        (4) if the customer requests a reimbursement of
24    veterinary fees, provide to the pet shop an itemized bill
25    for the disease, illness, or congenital or hereditary
26    condition of the dog or cat for which the customer is

 

 

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1    seeking a remedy.
2    (j) A customer is not entitled to a remedy under this
3Section if:
4        (1) the illness or death resulted from: (A)
5    maltreatment or neglect by the customer; (B) an injury
6    sustained after the delivery of the dog or cat to the
7    customer; or (C) an illness or disease contracted after
8    the delivery of the dog or cat to the customer;
9        (2) the customer does not carry out the recommended
10    treatment prescribed by the veterinarian who made the
11    diagnosis; or
12        (3) the customer does not return to the pet shop all
13    documents provided to register the dog or cat, unless the
14    documents have already been sent to the registry
15    organization.
16    (k) A pet shop may contest a remedy under this Section by
17having the dog or cat examined by a second licensed
18veterinarian pursuant to paragraph (3) of subsection (i) of
19this Section if the dog or cat is still living. If the dog or
20cat is deceased, the pet shop may choose to have the second
21veterinarian review any records provided by the veterinarian
22who examined or treated the dog or cat for the customer before
23its death.
24    If the customer and the pet shop have not reached an
25agreement within 10 business days after the examination of the
26medical records and the dog or cat, if alive, or the dog's or

 

 

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1cat's medical records, if deceased, by the second
2veterinarian, then:
3        (1) the customer may bring suit in a court of
4    competent jurisdiction to resolve the dispute; or
5        (2) if the customer and the pet shop agree in writing,
6    the parties may submit the dispute to binding arbitration.
7    If the court or arbiter finds that either party acted in
8bad faith in seeking or denying the requested remedy, then the
9offending party may be required to pay reasonable attorney's
10fees and court costs of the adverse party.
11    (l) This Section shall not apply to any adoption of dogs or
12cats, including those in which a pet shop or other
13organization rents or donates space to facilitate the
14adoption.
15    (m) If a pet shop offers its own warranty on a pet, a
16customer may choose to waive the remedies provided under
17subsection (f) of this Section in favor of choosing the
18warranty provided by the pet shop. If a customer waives the
19rights provided by subsection (f), the only remedies available
20to the customer are those provided by the pet shop's warranty.
21For the statement to be an effective waiver of the customer's
22right to refund or exchange the animal under subsection (f),
23the pet shop must provide, in writing, a statement of the
24remedy under subsection (f) that the customer is waiving as
25well as a written copy of the pet shop's warranty. For the
26statement to be an effective waiver of the customer's right to

 

 

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1refund or exchange the animal under subsection (f), it shall
2be substantially similar to the following language:
3        "I have agreed to accept the warranty provided by the
4    pet shop in lieu of the remedies under subsection (f) of
5    Section 3.15 of the Animal Welfare Act. I have received a
6    copy of the pet shop's warranty and a statement of the
7    remedies provided under subsection (f) of Section 3.15 of
8    the Animal Welfare Act. This is a waiver pursuant to
9    subsection (m) of Section 3.15 of the Animal Welfare Act
10    whereby I, the customer, relinquish any and all right to
11    return the animal for congenital and hereditary disorders
12    provided by subsection (f) of Section 3.15 of the Animal
13    Welfare Act. I agree that my exclusive remedy is the
14    warranty provided by the pet shop at the time of sale.".
15(Source: P.A. 100-322, eff. 8-24-17.)
 
16    (225 ILCS 605/20)  (from Ch. 8, par. 320)
17    Sec. 20. Any person violating any provision of this Act,
18other than a violation of Section 3.8 of this Act, or any rule,
19regulation, or order of the Department issued pursuant to this
20Act is guilty of a Class C misdemeanor and every day a
21violation continues constitutes a separate offense.
22(Source: P.A. 89-178, eff. 7-19-95.)
 
23    (225 ILCS 605/20.5)
24    Sec. 20.5. Administrative fines. The following

 

 

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1administrative fines shall may be imposed by the Department
2upon any person or entity who violates any provision of this
3Act or any rule adopted by the Department under this Act:
4        (1) For the first violation, a fine of $500 $1,000.
5        (2) For a second violation that occurs within 3 2
6    years after the first violation, a fine of $1,000 $2,500.
7        (3) For a third violation that occurs within 3 2 years
8    after the first violation, mandatory probationary status
9    and a fine of $2,500 $3,000.
10    If a person or entity fails or refuses to pay an
11administrative fine authorized by this Section, the Department
12may prohibit that person or entity from renewing a license
13under this Act until the fine is paid in full. Any penalty of
14$500 or more not paid within 120 days of issuance by the
15Department shall be submitted to the Department of Revenue for
16collection as provided under the Illinois State Collection Act
17of 1986.
18(Source: P.A. 101-295, eff. 8-9-19.)
 
19    Section 97. Severability. The provisions of this Act are
20severable under Section 1.31 of the Statute on Statutes.
 
21    Section 99. Effective date. This Act takes effect 180 days
22after becoming law.