Bill Text: IL HB3533 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3533 Detail]

Download: Illinois-2019-HB3533-Introduced.html

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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.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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

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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

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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

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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.