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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4753

Introduced , by Rep. William "Will" Davis

SYNOPSIS AS INTRODUCED:

225 ILCS 605/2

from Ch. 8, par. 302
225 ILCS 605/3.6
225 ILCS 605/3.8
225 ILCS 605/3.10 new

Amends the Animal Welfare Act. Defines "professional breeder".
Provides that an animal shelter shall not accept a dog or cat from an
animal shelter licensed under the Act or an out-of-state animal control
facility, rescue group, or animal shelter that is duly licensed in their
state or is a not-for-profit organization unless it obtains documentation
attesting that the dog or cat was not obtained through compensation or
payment made to a cat breeder, dog breeder, dog dealer, or dog broker.
Provides that an animal shelter shall not obtain a dog or cat by any means
other than owner surrender, transfer from an animal control facility, an
order by law enforcement, or an animal shelter in compliance with
provisions concerning reporting of animals. Provides that a pet shop
operator or dog dealer (rather than just 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, animal shelter, or professional breeder (rather than just an
animal control facility or an animal shelter) located in-state or
out-of-state, that is in compliance with provisions concerning animal
control facilities and animal shelters supplying to pet shop operators and
requirements of professional dog breeders. Removes provisions concerning
the requirement that a pet shop operator shall keep a record of each dog or
cat offered for sale. Creates additional requirements for professional dog
breeders. Provides that the Department of Financial and Professional
Regulation's obligations under the provisions concerning the requirements
for professional dog breeders are subject to appropriation.
LRB104 17836 AAS 31270 b

A BILL FOR

HB4753
LRB104 17836 AAS 31270 b
1

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

Section 5.
The Animal Welfare Act is amended by changing
5
Sections 2, 3.6, and 3.8 and by adding Section 3.10 as follows:

(225 ILCS 605/2)

(from Ch. 8, par. 302)
7

Sec. 2.
Definitions.
As used in this Act unless the
8
context otherwise requires:
9

"Department" means the Illinois Department of Agriculture.
10

"Director" means the Director of the Illinois Department
11
of Agriculture.
12

"Pet shop operator" means any person who sells, offers to
13
sell, exchange, or offers for adoption with or without charge
14
or donation dogs, cats, birds, fish, reptiles, or other
15
animals customarily obtained as pets in this State at retail
16
to the public. However, a person who sells only such animals
17
that he has produced and raised shall not be considered a pet
18
shop operator under this Act, and a veterinary hospital or
19
clinic operated by a veterinarian or veterinarians licensed
20
under the Veterinary Medicine and Surgery Practice Act of 2004
21
shall not be considered a pet shop operator under this Act.
22

"Dog dealer" means any person who sells, offers to sell,
23
exchange, or offers for adoption with or without charge or

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LRB104 17836 AAS 31270 b
1
donation dogs in this State. However, a person who sells only
2
dogs that he has produced and raised shall not be considered a
3
dog dealer under this Act, and a veterinary hospital or clinic
4
operated by a veterinarian or veterinarians licensed under the
5
Veterinary Medicine and Surgery Practice Act of 2004 shall not
6
be considered a dog dealer under this Act.
7

"Secretary of Agriculture" or "Secretary" means the
8
Secretary of Agriculture of the United States Department of
9
Agriculture.
10

"Person" means any person, firm, corporation, partnership,
11
association or other legal entity, any public or private
12
institution, the State of Illinois, or any municipal
13
corporation or political subdivision of the State.
14

"Kennel operator" means any person who operates an
15
establishment, other than an animal control facility,
16
veterinary hospital, or animal shelter, where dogs or dogs and
17
cats are maintained for boarding, training or similar purposes
18
for a fee or compensation.
19

"Boarding" means a time frame greater than 12 hours or an
20
overnight period during which an animal is kept by a kennel
21
operator.
22

"Cat breeder" means a person who sells, offers to sell,
23
exchanges, or offers for adoption with or without charge cats
24
that he or she has produced and raised. A person who owns, has
25
possession of, or harbors 5 or less females capable of
26
reproduction shall not be considered a cat breeder.

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"Dog breeder" means a person who sells, offers to sell,
2
exchanges, or offers for adoption with or without charge dogs
3
that he has produced and raised. A person who owns, has
4
possession of, or harbors 5 or less females capable of
5
reproduction shall not be considered a dog breeder.
6

"Animal control facility" means any facility operated by
7
or under contract for the State, county, or any municipal
8
corporation or political subdivision of the State for the
9
purpose of impounding or harboring seized, stray, homeless,
10
abandoned or unwanted dogs, cats, and other animals. "Animal
11
control facility" also means any veterinary hospital or clinic
12
operated by a veterinarian or veterinarians licensed under the
13
Veterinary Medicine and Surgery Practice Act of 2004 which
14
operates for the above mentioned purpose in addition to its
15
customary purposes.
16

"Animal shelter" means a facility operated, owned, or
17
maintained by a duly incorporated humane society, animal
18
welfare society, or other non-profit organization having
19
tax-exempt status under Section 501(c)(3) of the Internal
20
Revenue Code for the purpose of providing for and promoting
21
the welfare, protection, and humane treatment of animals. An
22
organization that does not have its own building that
23
maintains animals solely in foster homes or other licensees is
24
an "animal shelter" for purposes of this Act. "Animal shelter"
25
also means any veterinary hospital or clinic operated by a
26
veterinarian or veterinarians licensed under the Veterinary

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Medicine and Surgery Practice Act of 2004 which operates for
2
the above mentioned purpose in addition to its customary
3
purposes.
4

"Day care operator" means a person who operates an
5
establishment, other than an animal control facility,
6
veterinary hospital, or animal shelter, where dogs or dogs and
7
cats are kept for a period of time not exceeding 12 hours.
8

"Foster home" means an entity that accepts the
9
responsibility for stewardship of animals that are the
10
obligation of an animal shelter or animal control facility,
11
not to exceed 4 foster animals or 2 litters under 8 weeks of
12
age at any given time. A written agreement to operate as a
13
"foster home" shall be contracted with the animal shelter or
14
animal control facility.
15

"Guard dog service" means an entity that, for a fee,
16
furnishes or leases guard or sentry dogs for the protection of
17
life or property. A person is not a guard dog service solely
18
because he or she owns a dog and uses it to guard his or her
19
home, business, or farmland.
20

"Guard dog" means a type of dog used primarily for the
21
purpose of defending, patrolling, or protecting property or
22
life at a commercial establishment other than a farm. "Guard
23
dog" does not include stock dogs used primarily for handling
24
and controlling livestock or farm animals, nor does it include
25
personally owned pets that also provide security.
26

"Return" in return to field or trap, neuter, return

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program means to return the cat to field after it has been
2
sterilized and vaccinated for rabies.
3

"Sentry dog" means a dog trained to work without
4
supervision in a fenced facility other than a farm, and to
5
deter or detain unauthorized persons found within the
6
facility.
7

"Probationary status" means the 12-month period following
8
a series of violations of this Act during which any further
9
violation shall result in an automatic 12-month suspension of
10
licensure.
11

"Owner" means any person having a right of property in an
12
animal, who keeps or harbors an animal, who has an animal in
13
his or her care or acts as its custodian, or who knowingly
14
permits a dog to remain on any premises occupied by him or her.
15
"Owner" does not include a feral cat caretaker participating
16
in a trap, spay/neuter, vaccinate for rabies, and return
17
program.
18

"Offer for sale" means to sell, exchange for
19
consideration, offer for adoption, advertise for the sale of,
20
barter, auction, give away, or otherwise dispose of animals.
21

"Professional breeder" means a legal entity or individual
22
that conducts business within this State and that owns, has
23
possession of, or houses more than 5 breeding female dogs, is
24
required to be licensed and regulated under the federal Animal
25
Welfare Act by the United States Department of Agriculture,
26
and, in return for a fee or consideration, sells or adopts the

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offspring of the breeding dogs to a pet store or dog dealer.

2
(Source: P.A. 101-81, eff. 7-12-19; 101-295, eff. 8-9-19;
3
102-586, eff. 2-23-22
.)

(225 ILCS 605/3.6)
5

Sec. 3.6.
Acceptance of stray dogs and cats.
6

(a) No animal shelter may accept a stray dog or cat unless
7
the animal is reported by the shelter to the animal control or
8
law enforcement of the county in which the animal is found by
9
the next business day. An animal shelter may accept animals
10
from: (1) the owner of the animal where the owner signs a
11
relinquishment form which states he or she is the owner of the
12
animal; (2) an animal shelter licensed under this Act; or (3)
13
an out-of-state animal control facility, rescue group, or
14
animal shelter that is duly licensed in their state or is a
15
not-for-profit organization.
An animal shelter shall not
16
accept a dog or cat from an organization described in item (2)
17
or (3) unless it obtains documentation attesting that the dog
18
or cat was not obtained through compensation or payment made
19
to a cat breeder, dog breeder, dog dealer, or dog broker.

(b) When stray dogs and cats are accepted by an animal
21
shelter, they must be scanned for the presence of a microchip
22
and examined for other currently-acceptable methods of
23
identification, including, but not limited to, identification
24
tags, tattoos, and rabies license tags. The examination for
25
identification shall be done within 24 hours after the intake

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of each dog or cat. The animal shelter shall notify the owner
2
and transfer any dog with an identified owner to the animal
3
control or law enforcement agency in the jurisdiction in which
4
it was found or the local animal control agency for
5
redemption.
6

(c) If no transfer can occur, the animal shelter shall
7
make every reasonable attempt to contact the owner, agent, or
8
caretaker as soon as possible. The animal shelter shall give
9
notice of not less than 7 business days to the owner, agent, or
10
caretaker prior to disposal of the animal. The notice shall be
11
mailed to the last known address of the owner, agent, or
12
caretaker. Testimony of the animal shelter, or its authorized
13
agent, who mails the notice shall be evidence of the receipt of
14
the notice by the owner, agent, or caretaker of the animal. A
15
mailed notice shall remain the primary means of owner, agent,
16
or caretaker contact; however, the animal shelter shall also
17
attempt to contact the owner, agent, or caretaker by any other
18
contact information, such as by telephone or email address,
19
provided by the microchip or other method of identification
20
found on the dog or cat. If the dog or cat has been
21
microchipped and the primary contact listed by the chip
22
manufacturer cannot be located or refuses to reclaim the dog
23
or cat, an attempt shall be made to contact any secondary
24
contacts listed by the chip manufacturer or the purchaser of
25
the microchip if the purchaser is a nonprofit organization,
26
animal shelter, animal control facility, pet store, breeder,

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or veterinary office prior to adoption, transfer, or
2
euthanization. Prior to transferring any stray dog or cat to
3
another humane shelter, pet store, rescue group, or
4
euthanization, the dog or cat shall be scanned again for the
5
presence of a microchip and examined for other means of
6
identification. If a second scan provides the same identifying
7
information as the initial intake scan and the owner, agent,
8
or caretaker has not been located or refuses to reclaim the dog
9
or cat, the animal shelter may proceed with adoption,
10
transfer, or euthanization.
11

(d) When stray dogs and cats are accepted by an animal
12
shelter and no owner can be identified, the shelter shall hold
13
the animal for the period specified in local ordinance prior
14
to adoption, transfer, or euthanasia. The animal shelter shall
15
allow access to the public to view the animals housed there. If
16
a dog is identified by an owner who desires to make redemption
17
of it, the dog shall be transferred to the local animal control
18
for redemption. If no transfer can occur, the animal shelter
19
shall proceed pursuant to Section 3.7. Upon lapse of the hold
20
period specified in local ordinance and no owner can be
21
identified, ownership of the animal, by operation of law,
22
transfers to the shelter that has custody of the animal.
23

(e) No representative of an animal shelter may enter
24
private property and remove an animal without permission from
25
the property owner and animal owner, nor can any
26
representative of an animal shelter direct another individual

HB4753
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1
to enter private property and remove an animal unless that
2
individual is an approved humane investigator (approved by the
3
Department) operating pursuant to the provisions of the Humane
4
Care for Animals Act.
5

(f) Nothing in this Section limits an animal shelter and
6
an animal control facility who, through mutual agreement, wish
7
to enter into an agreement for animal control, boarding,
8
holding, measures to improve life-saving, or other services
9
provided that the agreement requires parties adhere to the
10
provisions of the Animal Control Act, the Humane Euthanasia in
11
Animal Shelters Act, and the Humane Care for Animals Act.
12

(g) An animal shelter shall not obtain a dog or cat by any
13
means other than owner surrender, transfer from an animal
14
control facility, an order by law enforcement, a court order,
15
or an animal shelter in compliance with subsection (a).

16
(Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17;
17
100-870, eff. 1-1-19
.)

(225 ILCS 605/3.8)
19

Sec. 3.8.
Requirements

Prohibition
of dogs and cats sold
20
by pet shops; recordkeeping.
21

(a) A pet shop operator
or dog dealer
may offer for sale a
22
dog or cat only if the dog or cat is obtained from an animal
23
control facility
,

or
animal shelter,
or professional breeder

24
located in-state or out-of-state, that is in compliance with
25
Section 3.9
or Section 3.10
.

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(b)
(Blank).

A pet shop operator shall keep a record of
2
each dog or cat offered for sale. The record must be kept on
3
file for a period of 2 years following the acquisition of each
4
dog or cat, made available to the Department upon request, and
5
submitted to the Department on May 1 and November 1 of each
6
year. The record shall include the following:

(1) name, address, and phone number of the animal
8

control facility or animal shelter each dog or cat was
9

obtained from; and

(2) documentation from the animal control facility or
11

animal shelter each dog or cat was obtained from
12

demonstrating compliance with Section 3.9, including the
13

circumstances that led to the animal control facility or
14

animal shelter obtaining ownership of the dog or cat and
15

any other information indicating the dog or cat was not
16

obtained from a source prohibited in Section 3.9.

(c) In addition to the penalties set forth in Section
18
20.5, a pet shop operator that violates subsection (a) shall
19
no longer offer for sale a dog or cat regardless of where the
20
dog or cat was obtained.
21

(d) Nothing in this Section prohibits a pet shop operator
22
from providing space to an animal control facility or animal
23
shelter to showcase dogs or cats owned by these entities for
24
the purpose of adoption.
25
(Source: P.A. 102-586, eff. 2-23-22
.)

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1

(225 ILCS 605/3.10 new)
2

Sec. 3.10.
Requirements of professional dog breeders.
3

(a) In addition to the sourcing requirements in Section
4
3.08, a pet shop operator or dog dealer shall also submit
5
records to the Department that attest that dogs offered for
6
sale are obtained from a professional breeder and that the pet
7
shop operator or dog dealer is in compliance with this
8
Section.
9

(b) A professional breeder violates this Section if any of
10
the following conditions are not met:

(1) Primary enclosures comply with the following:
12

(A) (i) Prior to December 31, 2027, a primary
13

enclosure provides each dog with a minimum amount of
14

floor space, in square inches, that is equal to at
15

least 2 times the square of the length of the dog
16

housed in the enclosure in inches, as measured from
17

the tip of the nose to the base of the tail plus 6
18

inches; or (ii) on and after December 31, 2027, a
19

primary enclosure provides each dog with a minimum
20

amount of floor space, in square inches, that is equal
21

to at least 2 times the square of the length of the dog
22

housed in the enclosure in inches, as measured from
23

the tip of the nose to the base of the tail plus 9
24

inches. For each additional dog that is kept or
25

confined in a primary enclosure, the enclosure shall
26

have additional floor space in square inches equal to

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1

the square of the length of the dog housed in the
2

enclosure in inches, as measured from the tip of the
3

nose to the base of the tail plus 9 inches.

(B) The primary enclosures have solid or slatted
5

floors and may consist of coated or expanded metal
6

flooring. The mandatory minimum space required for
7

primary enclosures in professional breeding facilities
8

shall have solid floors or flooring that is slatted
9

with slats that are at least 3.5 inches in width with
10

no more than one-half inch gaps between slats.
11

Flooring shall be constructed in a manner that
12

protects the dogs' feet and legs from injury and that
13

will not allow the dogs' feet to pass through any
14

openings in the floor.
15

that can be cleaned and sanitized, are safe for the
17

breed, size, and age of the dog, are free from
18

protruding sharp edges, and are designed so that the
19

paw of the dog is unable to extend through or become
20

caught in the flooring.
21

(D) If the flooring surface of the primary
22

enclosure consists of a material that is not solid,
23

the primary enclosure has a solid resting area that
24

can accommodate the full length of the dog while lying
25

down.
26

(E) The flooring of the primary enclosure does not

HB4753
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LRB104 17836 AAS 31270 b
1

sag, bend, or bounce.
2

(F) The primary enclosures are not stacked on top
3

of one another.
4

(G) The indoor temperatures of the primary
5

enclosures are not lower than 45 degrees Fahrenheit or
6

greater than 85 degrees Fahrenheit for more than 2
7

hours, unless a variation is recommended in
8

consultation with a licensed veterinarian.

(2) Breeding practices and veterinary care shall
10

comply with the following:

(A) A breeding female shall receive an examination
12

by a licensed veterinarian prior to its first breeding
13

cycle to ensure the female is healthy enough to be
14

bred.

(B) Annual veterinarian exams shall include, but
16

are not limited to: (i) a hands-on examination by a
17

veterinarian, including a comprehensive physical
18

examination, dental assessment, body condition
19

scoring, and pain assessment, at least once a year to
20

ensure health problems are identified and treated;
21

(ii) an assessment that a breeding female has received
22

adequate rest between litters to allow for proper
23

physical recovery and remains healthy enough to be
24

bred prior to its next breeding cycle; and (iii)
25

regular fur grooming and nail trimming as needed for
26

the safety and comfort of the dog based on that dog's

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1

breed or at least twice a year.

be performed only by licensed veterinarians.

(D) Retention of veterinarian records detailing
5

the program of care to ensure professional breeding
6

facilities provide the necessary care routinely
7

prescribed to companion animals.

(E) Unless otherwise directed by a veterinarian,
9

the dog is provided, twice each day, food that is
10

sufficient to maintain body condition and weight as
11

directed by a veterinarian. The food shall be
12

unspoiled and uncontaminated, provided in accordance
13

with a nutritional plan recommended by a veterinarian,
14

and served in receptacles that are clean and sanitary.

(F) Each day, the dog is provided access to a
16

continuous supply of potable water that is in clean
17

and sanitary receptacles and is of sufficient quality
18

and quantity to ensure maintenance of normal body
19

condition and growth unless otherwise directed by a
20

veterinarian.

(G) The breeder shall comply with a vaccination
22

and parasite control program that is approved by a
23

veterinarian and that is consistent with
24

recommendations of the American Veterinary Medical
25

Association or the American Animal Hospital
26

Association.

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1

(3) All adult dogs in professional breeding facilities
2

have either constant, unfettered access or supervised
3

daily access to an exercise area of sufficient size to
4

ensure proper physical development, health, and
5

socialization. Socialization includes, but is not limited
6

to, daily petting, stroking, grooming, feeding, playing
7

with, exercising, or other touching of the dog that is
8

beneficial to the well-being of the dog. The exercise area
9

should, at a minimum, be at least twice the amount of space
10

required for the primary enclosure. The exercise area may
11

be indoors or outdoors. The exercise and socialization
12

program must be approved and certified by a licensed
13

veterinarian.

(4) If a dog is no longer to be bred or a veterinarian
15

determines the dog is no longer healthy enough to be bred,
16

the breeder shall retire the animal. If the breeder
17

chooses not to keep the dog, the breeder must make all
18

reasonable efforts to find placement with an adoptive
19

family, rescue organization, or other appropriate owner
20

for that animal.

(5) A professional breeder shall maintain all
22

veterinarian and animal care records for each animal for 2
23

years after ceasing to own the animal. A professional
24

breeder shall provide a copy of all veterinarian records,
25

audit records, and inspection reports upon the sale of any
26

animal. A pet store operator or dog dealer shall make

HB4753
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1

available copies of all veterinarian records, audit
2

records, and inspection reports of any animal to the
3

Department upon request.

(1) Any person who received a dog or cat from a
7

professional breeder and who suffers actual damage may
8

bring an action for injunctive relief against a
9

professional breeder who intentionally or recklessly
10

violates this Section. The court, in its discretion, may
11

restrain by preliminary or permanent injunction the use of
12

such method, act, or practice that is in violation of this
13

Section.

(2) Prior to bringing an action under paragraph (1), a
15

person must first send notice to the Department of the
16

person's intent to file an action and shall include a list
17

of alleged violations. Actions under paragraph (1) may be
18

brought if, prior to initiating an action against a
19

professional breeder, the person provides the professional
20

breeder 30 days' written notice identifying the specific
21

provisions of this Act that the professional breeder is
22

alleged to be violating. In the event a cure is possible,
23

if, within 30 days, the professional breeder actually
24

cures the noticed violation and provides the person with
25

an express written statement that the violations have been
26

cured and no further violations shall occur, then no

HB4753
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LRB104 17836 AAS 31270 b
1

action may be initiated against the professional breeder.
2

If a professional breeder continues to violate this
3

Section in breach of the express written statement
4

provided under this Section, then the person may initiate
5

an action against the professional breeder to enforce the
6

written statement and may pursue damages for each breach
7

of the express written statement, as well as any other
8

violation of this Section that postdates the written
9

statement.

(3) The prevailing party in an action under this
11

Section shall recover attorney's fees.
12

(d) The Department's obligations under this Section are
13
subject to appropriation.

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ANIMAL WELFARE-PRO BREEDERS

Plain English Breakdown

ANIMAL WELFARE-PRO BREEDERS

What This Bill Does

Limits and Unknowns

Bill History

Official Summary Text

Current Bill Text