ANIMAL WELFARE-DOG DEALER

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2990

Introduced 1/27/2026, by Sen. Linda Holmes

SYNOPSIS AS INTRODUCED:

225 ILCS 605/2

from Ch. 8, par. 302
225 ILCS 605/3.10 new
225 ILCS 605/10

from Ch. 8, par. 310

Amends the Animal Welfare Act. Provides that the definition of "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". Requires a dog breeder to provide each dog in the dog breeder's
facility with a primary enclosure that complies with certain requirements.
Requires a dog breeder to provide all adult dogs in the dog breeder's
facility with constant, unfettered access to an exercise area of
sufficient size to ensure proper physical development, health, and
socialization. Provides that the exercise area should, at a minimum, be at
least twice the amount of space required for the primary enclosure.
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 19503 AAS 32951 b

A BILL FOR

SB2990
LRB104 19503 AAS 32951 b
1

AN ACT concerning regulation.

2

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

4

Section 5.
The Animal Welfare Act is amended by changing
5
Sections 2, 3.10, and 10 as follows:

6

(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

SB2990
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LRB104 19503 AAS 32951 b
1
donation dogs in this State. However, a person who sells
dogs
2
at retail to the public or who sells
only dogs that he has
3
produced and raised shall not be considered a dog dealer under
4
this Act, and a veterinary hospital or clinic operated by a
5
veterinarian or veterinarians licensed under the Veterinary
6
Medicine and Surgery Practice Act of 2004 shall not be
7
considered a dog dealer under this Act.
8

"Secretary of Agriculture" or "Secretary" means the
9
Secretary of Agriculture of the United States Department of
10
Agriculture.
11

"Person" means any person, firm, corporation, partnership,
12
association or other legal entity, any public or private
13
institution, the State of Illinois, or any municipal
14
corporation or political subdivision of the State.
15

"Kennel operator" means any person who operates an
16
establishment, other than an animal control facility,
17
veterinary hospital, or animal shelter, where dogs or dogs and
18
cats are maintained for boarding, training or similar purposes
19
for a fee or compensation.
20

"Boarding" means a time frame greater than 12 hours or an
21
overnight period during which an animal is kept by a kennel
22
operator.
23

"Cat breeder" means a person who sells, offers to sell,
24
exchanges, or offers for adoption with or without charge cats
25
that he or she has produced and raised. A person who owns, has
26
possession of, or harbors 5 or less females capable of

SB2990
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LRB104 19503 AAS 32951 b
1
reproduction shall not be considered a cat breeder.
2

"Dog breeder" means a person who sells, offers to sell,
3
exchanges, or offers for adoption with or without charge dogs
4
that he has produced and raised. A person who owns, has
5
possession of, or harbors 5 or less females capable of
6
reproduction shall not be considered a dog breeder.
7

"Animal control facility" means any facility operated by
8
or under contract for the State, county, or any municipal
9
corporation or political subdivision of the State for the
10
purpose of impounding or harboring seized, stray, homeless,
11
abandoned or unwanted dogs, cats, and other animals. "Animal
12
control facility" also means any veterinary hospital or clinic
13
operated by a veterinarian or veterinarians licensed under the
14
Veterinary Medicine and Surgery Practice Act of 2004 which
15
operates for the above mentioned purpose in addition to its
16
customary purposes.
17

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

SB2990
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LRB104 19503 AAS 32951 b
1
veterinarian or veterinarians licensed under the Veterinary
2
Medicine and Surgery Practice Act of 2004 which operates for
3
the above mentioned purpose in addition to its customary
4
purposes.
However, a person who sells dogs at retail to the
5
public shall not be considered an animal shelter under this
6
Act.

7

"Day care operator" means a person who operates an
8
establishment, other than an animal control facility,
9
veterinary hospital, or animal shelter, where dogs or dogs and
10
cats are kept for a period of time not exceeding 12 hours.
11

"Foster home" means an entity that accepts the
12
responsibility for stewardship of animals that are the
13
obligation of an animal shelter or animal control facility,
14
not to exceed 4 foster animals or 2 litters under 8 weeks of
15
age at any given time. A written agreement to operate as a
16
"foster home" shall be contracted with the animal shelter or
17
animal control facility.
18

"Guard dog service" means an entity that, for a fee,
19
furnishes or leases guard or sentry dogs for the protection of
20
life or property. A person is not a guard dog service solely
21
because he or she owns a dog and uses it to guard his or her
22
home, business, or farmland.
23

"Guard dog" means a type of dog used primarily for the
24
purpose of defending, patrolling, or protecting property or
25
life at a commercial establishment other than a farm. "Guard
26
dog" does not include stock dogs used primarily for handling

SB2990
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LRB104 19503 AAS 32951 b
1
and controlling livestock or farm animals, nor does it include
2
personally owned pets that also provide security.
3

"Return" in return to field or trap, neuter, return
4
program means to return the cat to field after it has been
5
sterilized and vaccinated for rabies.
6

"Sentry dog" means a dog trained to work without
7
supervision in a fenced facility other than a farm, and to
8
deter or detain unauthorized persons found within the
9
facility.
10

"Probationary status" means the 12-month period following
11
a series of violations of this Act during which any further
12
violation shall result in an automatic 12-month suspension of
13
licensure.
14

"Owner" means any person having a right of property in an
15
animal, who keeps or harbors an animal, who has an animal in
16
his or her care or acts as its custodian, or who knowingly
17
permits a dog to remain on any premises occupied by him or her.
18
"Owner" does not include a feral cat caretaker participating
19
in a trap, spay/neuter, vaccinate for rabies, and return
20
program.
21

"Offer for sale" means to sell, exchange for
22
consideration, offer for adoption, advertise for the sale of,
23
barter, auction, give away, or otherwise dispose of animals.
24

"At retail to the public" means the selling or offering
25
for sale, whether by appointment or otherwise, companion
26
animals at a brick-and-mortar establishment that were obtained

SB2990
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LRB104 19503 AAS 32951 b
1
from breeders or brokers for compensation and were not bred on
2
its premises.

3
(Source: P.A. 101-81, eff. 7-12-19; 101-295, eff. 8-9-19;
4
102-586, eff. 2-23-22
.)

5

(225 ILCS 605/3.10 new)
6

Sec. 3.10.
Requirements of dog breeders.
7

(a) A dog breeder shall provide each dog in the dog
8
breeder's facility with a primary enclosure that complies with
9
the following:

10

(1) The primary enclosure provides each dog with a
11

minimum amount of floor space, in square inches, that is
12

equal to at least 2 times the square of the length of the
13

dog housed in the enclosure in inches, as measured from
14

the tip of the nose to the base of the tail plus 9 inches.
15

For each additional dog that is kept or confined in a
16

primary enclosure, the enclosure shall have additional
17

floor space in square inches equal to the square of the
18

length of the dog housed in the enclosure in inches, as
19

measured from the tip of the nose to the base of the tail
20

plus 9 inches.
21

(2) The primary enclosure has solid or slatted floors.
22

If the flooring is slatted, the slats shall be at least 3.5
23

inches in width with no more than one-half inch gaps
24

between slats. Flooring shall be constructed in a manner
25

that protects the dog's feet and legs from injury and that

SB2990
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LRB104 19503 AAS 32951 b
1

will not allow the dog's feet or toes to pass through any
2

openings in the floor.
3

(3) If the flooring surface of the primary enclosure
4

consists of a material that is not solid, the primary
5

enclosure has a solid resting area that can accommodate
6

the full length of the dog while lying down.
7

(4) The primary enclosure consists of materials that
8

can be cleaned and sanitized, are safe for the breed,
9

size, and age of the dog, and are free from protruding
10

sharp edges.
11

(5) The flooring of the primary enclosure does not
12

sag, bend, or bounce.
13

(6) The primary enclosure is not stacked on top of or
14

below another primary enclosure.
15

(7) The indoor temperature of the primary enclosure is
16

not lower than 45 degrees Fahrenheit or greater than 85
17

degrees Fahrenheit for more than 2 hours, unless a
18

variation is recommended by a licensed veterinarian for a
19

specific, documented medical purpose.

20

(b) A dog breeder shall provide all adult dogs in the dog
21
breeder's facility with constant, unfettered access to an
22
exercise area of sufficient size to ensure proper physical
23
development, health, and socialization. The exercise area
24
should, at a minimum, be at least twice the amount of space
25
required for the primary enclosure.

SB2990
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LRB104 19503 AAS 32951 b
1

(225 ILCS 605/10)

(from Ch. 8, par. 310)
2

Sec. 10.
Grounds for discipline.
The Department may refuse
3
to issue or renew or may suspend or revoke a license on any one
4
or more of the following grounds:
5

a. material misstatement in the application for
6

original license or in the application for any renewal
7

license under this Act;
8

b. a violation of this Act or of any regulations or
9

rules issued pursuant thereto;
10

c. aiding or abetting another in the violation of this
11

Act or of any regulation or rule issued pursuant thereto;
12

d. allowing one's license under this Act to be used by
13

an unlicensed person;
14

e. for licensees, conviction of any crime an essential
15

element of which is misstatement, fraud or dishonesty or
16

conviction of any felony, if the Department determines,
17

after investigation, that such person has not been
18

sufficiently rehabilitated to warrant the public trust;
19

for applicants, the Department may refuse to issue a
20

license based on a conviction of any felony or a
21

misdemeanor directly related to the practice of the
22

profession if the Department determines in accordance with
23

Section 4 that such conviction will impair the ability of
24

the applicant to engage in the position for which a
25

license is sought;

26

f. conviction of a violation of any law of Illinois

SB2990
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LRB104 19503 AAS 32951 b
1

except minor violations such as traffic violations and
2

violations not related to the disposition of dogs, cats
3

and other animals or any rule or regulation of the
4

Department relating to dogs or cats and sale thereof;
5

g. making substantial misrepresentations or false
6

promises of a character likely to influence, persuade or
7

induce in connection with the business of a licensee under
8

this Act;
9

h. pursuing a continued course of misrepresentation of
10

or making false promises through advertising, salesman,
11

agents or otherwise in connection with the business of a
12

licensee under this Act;
13

i. failure to possess the necessary qualifications or
14

to meet the requirements of the Act for the issuance or
15

holding a license;
or
16

j. proof that the licensee is guilty of gross
17

negligence, incompetency, or cruelty with regard to
18

animals
; or

.
19

k. operating without a proper license under this Act.

20

The Department may refuse to issue or may suspend the
21
license of any person who fails to file a return, or to pay the
22
tax, penalty or interest shown in a filed return, or to pay any
23
final assessment of tax, penalty or interest, as required by
24
any tax Act administered by the Illinois Department of
25
Revenue, until such time as the requirements of any such tax
26
Act are satisfied.

SB2990
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LRB104 19503 AAS 32951 b
1

The Department may order any licensee to cease operation
2
for a period not to exceed 72 hours to correct deficiencies in
3
order to meet licensing requirements.
4

If the Department revokes a license under this Act at an
5
administrative hearing, the licensee and any individuals
6
associated with that license shall be prohibited from applying
7
for or obtaining a license under this Act for a minimum of 3
8
years.
9
(Source: P.A. 99-310, eff. 1-1-16; 100-286, eff. 1-1-18
.)

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