HB 3390

Abstract

Amends the Animal Welfare Act. Provides that a kennel operator shall install in the kennel a fire alarm monitoring system that triggers notification to local emergency responders when activated. Provides that the Department of Agriculture shall deny the initial licensure or license renewal of a kennel operator for the failure to comply with this provision. House Committee Amendment No. 1 Deletes reference to: 225 ILCS 605/3.9 new Adds reference to: 225 ILCS 605/18.2 new Replaces everything after the enacting clause. Amends the Animal Welfare Act. Provides that a kennel operator that maintains dogs and cats for boarding that is not staffed at all times shall be equipped with at least one fire alarm system or fire sprinkler system in operating condition in every building of the kennel operator that is used for the housing of animals. Provides that an applicable federal, State, or local law, rule, or building code requiring the installation or maintenance of fire alarm monitoring systems in a manner different from, but providing a level of safety for occupants that is equal to or greater than that provided by the amendatory Act, shall be deemed to comply with the amendatory Act and the requirements of the more stringent law shall govern. Provides that the State Fire Marshal shall inspect, or shall direct a local fire marshal to inspect, a kennel operator that maintains dogs and cats for boarding when a resident makes a credible complaint alleging that the kennel operator is not in compliance with the amendatory Act. Provides that local fire inspectors shall determine whether a kennel operator is in compliance with the amendatory Act during the course of routine building and fire inspections of the kennel operator. Provides that local fire officials and the State Fire Marshal shall immediately notify the Department of Agriculture upon discovery that a kennel operator is not in compliance with the amendatory Act. Provides that the Department shall deny issuing a license under the Act to a kennel operator that is not in compliance with the amendatory Act. Provides that a kennel operator that is already licensed under the Act and found by the Department not to be in compliance with amendatory Act shall be liable for $500 for the first violation, $1,500 for the second violation, and $2,500 and the loss of the license for the third violation. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the introduced bill as amended by House Amendment No. 1 with the following changes: Provides that a kennel operator that maintains dogs or cats for boarding and that is not staffed at all times shall be equipped with at least one fire alarm system or fire sprinkler system in operating condition in every building of the kennel operator that is used for the housing of animals. Requires the kennel operator to certify in its license application and annually certify in its license renewal that either: (1) its facility has a fire alarm system or a fire sprinkler system, and shall include with the application or license renewal an attached description and picture of the make and model of the system used; or (2) the kennel is staffed at all times dogs or cats are on the premises, and shall include with the application or license renewal an attached staffing plan. Requires the Department of Agriculture to include the certification on each application for license or license renewal. Provides that a qualified fire inspector may inspect a kennel operator that maintains dogs and cats for boarding during the course of performing routine fire inspections. Allows the inspector to inform the Department if, during a routine inspection, the fire inspector determines that the kennel operator does not have a fire alarm system or fire sprinkler system. Provides that, for the purposes of the amendatory Act's provisions, veterinary hospitals, practices, or offices are not kennel operators. Effective January 1, 2020.