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Illinois Senate Bill SB1545

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1545 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1545 Introduced 2/4/2025, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: 225 ILCS 605/2 from Ch. 8, par. 302225 ILCS 605/10 from Ch. 8, par. 310 Amends the Animal Welfare Act. Provides that "dog dealer" does not include a person who sells dogs at retail to the public. Provides that a person who sells dogs at retail to the public, shall not be considered an animal shelter under the Act. Defines "at retail to the public". Provides that the Illinois Department of Agriculture may refuse to issue or renew or may suspend or revoke a license due to an individual operating without a proper license under the Act. LRB104 08814 AAS 18869 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1545 Introduced 2/4/2025, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: 225 ILCS 605/2 from Ch. 8, par. 302225 ILCS 605/10 from Ch. 8, par. 310 225 ILCS 605/2 from Ch. 8, par. 302 225 ILCS 605/10 from Ch. 8, par. 310 Amends the Animal Welfare Act. Provides that "dog dealer" does not include a person who sells dogs at retail to the public. Provides that a person who sells dogs at retail to the public, shall not be considered an animal shelter under the Act. Defines "at retail to the public". Provides that the Illinois Department of Agriculture may refuse to issue or renew or may suspend or revoke a license due to an individual operating without a proper license under the Act. LRB104 08814 AAS 18869 b LRB104 08814 AAS 18869 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1545 Introduced 2/4/2025, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED:
33 225 ILCS 605/2 from Ch. 8, par. 302225 ILCS 605/10 from Ch. 8, par. 310 225 ILCS 605/2 from Ch. 8, par. 302 225 ILCS 605/10 from Ch. 8, par. 310
44 225 ILCS 605/2 from Ch. 8, par. 302
55 225 ILCS 605/10 from Ch. 8, par. 310
66 Amends the Animal Welfare Act. Provides that "dog dealer" does not include a person who sells dogs at retail to the public. Provides that a person who sells dogs at retail to the public, shall not be considered an animal shelter under the Act. Defines "at retail to the public". Provides that the Illinois Department of Agriculture may refuse to issue or renew or may suspend or revoke a license due to an individual operating without a proper license under the Act.
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1212 1 AN ACT concerning regulation.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Animal Welfare Act is amended by changing
1616 5 Sections 2 and 10 as follows:
1717 6 (225 ILCS 605/2) (from Ch. 8, par. 302)
1818 7 Sec. 2. Definitions. As used in this Act unless the
1919 8 context otherwise requires:
2020 9 "Department" means the Illinois Department of Agriculture.
2121 10 "Director" means the Director of the Illinois Department
2222 11 of Agriculture.
2323 12 "Pet shop operator" means any person who sells, offers to
2424 13 sell, exchange, or offers for adoption with or without charge
2525 14 or donation dogs, cats, birds, fish, reptiles, or other
2626 15 animals customarily obtained as pets in this State at retail
2727 16 to the public. However, a person who sells only such animals
2828 17 that he has produced and raised shall not be considered a pet
2929 18 shop operator under this Act, and a veterinary hospital or
3030 19 clinic operated by a veterinarian or veterinarians licensed
3131 20 under the Veterinary Medicine and Surgery Practice Act of 2004
3232 21 shall not be considered a pet shop operator under this Act.
3333 22 "Dog dealer" means any person who sells, offers to sell,
3434 23 exchange, or offers for adoption with or without charge or
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3939 225 ILCS 605/2 from Ch. 8, par. 302225 ILCS 605/10 from Ch. 8, par. 310 225 ILCS 605/2 from Ch. 8, par. 302 225 ILCS 605/10 from Ch. 8, par. 310
4040 225 ILCS 605/2 from Ch. 8, par. 302
4141 225 ILCS 605/10 from Ch. 8, par. 310
4242 Amends the Animal Welfare Act. Provides that "dog dealer" does not include a person who sells dogs at retail to the public. Provides that a person who sells dogs at retail to the public, shall not be considered an animal shelter under the Act. Defines "at retail to the public". Provides that the Illinois Department of Agriculture may refuse to issue or renew or may suspend or revoke a license due to an individual operating without a proper license under the Act.
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7171 1 donation dogs in this State. However, a person who sells dogs
7272 2 at retail to the public or only dogs that he has produced and
7373 3 raised shall not be considered a dog dealer under this Act, and
7474 4 a veterinary hospital or clinic operated by a veterinarian or
7575 5 veterinarians licensed under the Veterinary Medicine and
7676 6 Surgery Practice Act of 2004 shall not be considered a dog
7777 7 dealer under this Act.
7878 8 "Secretary of Agriculture" or "Secretary" means the
7979 9 Secretary of Agriculture of the United States Department of
8080 10 Agriculture.
8181 11 "Person" means any person, firm, corporation, partnership,
8282 12 association or other legal entity, any public or private
8383 13 institution, the State of Illinois, or any municipal
8484 14 corporation or political subdivision of the State.
8585 15 "Kennel operator" means any person who operates an
8686 16 establishment, other than an animal control facility,
8787 17 veterinary hospital, or animal shelter, where dogs or dogs and
8888 18 cats are maintained for boarding, training or similar purposes
8989 19 for a fee or compensation.
9090 20 "Boarding" means a time frame greater than 12 hours or an
9191 21 overnight period during which an animal is kept by a kennel
9292 22 operator.
9393 23 "Cat breeder" means a person who sells, offers to sell,
9494 24 exchanges, or offers for adoption with or without charge cats
9595 25 that he or she has produced and raised. A person who owns, has
9696 26 possession of, or harbors 5 or less females capable of
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107107 1 reproduction shall not be considered a cat breeder.
108108 2 "Dog breeder" means a person who sells, offers to sell,
109109 3 exchanges, or offers for adoption with or without charge dogs
110110 4 that he has produced and raised. A person who owns, has
111111 5 possession of, or harbors 5 or less females capable of
112112 6 reproduction shall not be considered a dog breeder.
113113 7 "Animal control facility" means any facility operated by
114114 8 or under contract for the State, county, or any municipal
115115 9 corporation or political subdivision of the State for the
116116 10 purpose of impounding or harboring seized, stray, homeless,
117117 11 abandoned or unwanted dogs, cats, and other animals. "Animal
118118 12 control facility" also means any veterinary hospital or clinic
119119 13 operated by a veterinarian or veterinarians licensed under the
120120 14 Veterinary Medicine and Surgery Practice Act of 2004 which
121121 15 operates for the above mentioned purpose in addition to its
122122 16 customary purposes.
123123 17 "Animal shelter" means a facility operated, owned, or
124124 18 maintained by a duly incorporated humane society, animal
125125 19 welfare society, or other non-profit organization having
126126 20 tax-exempt status under Section 501(c)(3) of the Internal
127127 21 Revenue Code for the purpose of providing for and promoting
128128 22 the welfare, protection, and humane treatment of animals. An
129129 23 organization that does not have its own building that
130130 24 maintains animals solely in foster homes or other licensees is
131131 25 an "animal shelter" for purposes of this Act. "Animal shelter"
132132 26 also means any veterinary hospital or clinic operated by a
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143143 1 veterinarian or veterinarians licensed under the Veterinary
144144 2 Medicine and Surgery Practice Act of 2004 which operates for
145145 3 the above mentioned purpose in addition to its customary
146146 4 purposes. However, a person who sells dogs at retail to the
147147 5 public shall not be considered an animal shelter under this
148148 6 Act.
149149 7 "Day care operator" means a person who operates an
150150 8 establishment, other than an animal control facility,
151151 9 veterinary hospital, or animal shelter, where dogs or dogs and
152152 10 cats are kept for a period of time not exceeding 12 hours.
153153 11 "Foster home" means an entity that accepts the
154154 12 responsibility for stewardship of animals that are the
155155 13 obligation of an animal shelter or animal control facility,
156156 14 not to exceed 4 foster animals or 2 litters under 8 weeks of
157157 15 age at any given time. A written agreement to operate as a
158158 16 "foster home" shall be contracted with the animal shelter or
159159 17 animal control facility.
160160 18 "Guard dog service" means an entity that, for a fee,
161161 19 furnishes or leases guard or sentry dogs for the protection of
162162 20 life or property. A person is not a guard dog service solely
163163 21 because he or she owns a dog and uses it to guard his or her
164164 22 home, business, or farmland.
165165 23 "Guard dog" means a type of dog used primarily for the
166166 24 purpose of defending, patrolling, or protecting property or
167167 25 life at a commercial establishment other than a farm. "Guard
168168 26 dog" does not include stock dogs used primarily for handling
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179179 1 and controlling livestock or farm animals, nor does it include
180180 2 personally owned pets that also provide security.
181181 3 "Return" in return to field or trap, neuter, return
182182 4 program means to return the cat to field after it has been
183183 5 sterilized and vaccinated for rabies.
184184 6 "Sentry dog" means a dog trained to work without
185185 7 supervision in a fenced facility other than a farm, and to
186186 8 deter or detain unauthorized persons found within the
187187 9 facility.
188188 10 "Probationary status" means the 12-month period following
189189 11 a series of violations of this Act during which any further
190190 12 violation shall result in an automatic 12-month suspension of
191191 13 licensure.
192192 14 "Owner" means any person having a right of property in an
193193 15 animal, who keeps or harbors an animal, who has an animal in
194194 16 his or her care or acts as its custodian, or who knowingly
195195 17 permits a dog to remain on any premises occupied by him or her.
196196 18 "Owner" does not include a feral cat caretaker participating
197197 19 in a trap, spay/neuter, vaccinate for rabies, and return
198198 20 program.
199199 21 "Offer for sale" means to sell, exchange for
200200 22 consideration, offer for adoption, advertise for the sale of,
201201 23 barter, auction, give away, or otherwise dispose of animals.
202202 24 "At retail to the public" means the selling or offering
203203 25 for sale, whether by appointment or otherwise, companion
204204 26 animals at a brick-and-mortar establishment that were obtained
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215215 1 from breeders or brokers for compensation and not bred on its
216216 2 premises.
217217 3 (Source: P.A. 101-81, eff. 7-12-19; 101-295, eff. 8-9-19;
218218 4 102-586, eff. 2-23-22.)
219219 5 (225 ILCS 605/10) (from Ch. 8, par. 310)
220220 6 Sec. 10. Grounds for discipline. The Department may refuse
221221 7 to issue or renew or may suspend or revoke a license on any one
222222 8 or more of the following grounds:
223223 9 a. material misstatement in the application for
224224 10 original license or in the application for any renewal
225225 11 license under this Act;
226226 12 b. a violation of this Act or of any regulations or
227227 13 rules issued pursuant thereto;
228228 14 c. aiding or abetting another in the violation of this
229229 15 Act or of any regulation or rule issued pursuant thereto;
230230 16 d. allowing one's license under this Act to be used by
231231 17 an unlicensed person;
232232 18 e. for licensees, conviction of any crime an essential
233233 19 element of which is misstatement, fraud or dishonesty or
234234 20 conviction of any felony, if the Department determines,
235235 21 after investigation, that such person has not been
236236 22 sufficiently rehabilitated to warrant the public trust;
237237 23 for applicants, the Department may refuse to issue a
238238 24 license based on a conviction of any felony or a
239239 25 misdemeanor directly related to the practice of the
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250250 1 profession if the Department determines in accordance with
251251 2 Section 4 that such conviction will impair the ability of
252252 3 the applicant to engage in the position for which a
253253 4 license is sought;
254254 5 f. conviction of a violation of any law of Illinois
255255 6 except minor violations such as traffic violations and
256256 7 violations not related to the disposition of dogs, cats
257257 8 and other animals or any rule or regulation of the
258258 9 Department relating to dogs or cats and sale thereof;
259259 10 g. making substantial misrepresentations or false
260260 11 promises of a character likely to influence, persuade or
261261 12 induce in connection with the business of a licensee under
262262 13 this Act;
263263 14 h. pursuing a continued course of misrepresentation of
264264 15 or making false promises through advertising, salesman,
265265 16 agents or otherwise in connection with the business of a
266266 17 licensee under this Act;
267267 18 i. failure to possess the necessary qualifications or
268268 19 to meet the requirements of the Act for the issuance or
269269 20 holding a license; or
270270 21 j. proof that the licensee is guilty of gross
271271 22 negligence, incompetency, or cruelty with regard to
272272 23 animals; or .
273273 24 k. operating without a proper license under this Act.
274274 25 The Department may refuse to issue or may suspend the
275275 26 license of any person who fails to file a return, or to pay the
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