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Sen. John M. Sullivan
Filed: 3/9/2007
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LRB095 09449 CMK 33234 a |
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| AMENDMENT TO SENATE BILL 570
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| AMENDMENT NO. ______. Amend Senate Bill 570 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Humane Care for Animals Act is amended by |
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| changing Section 10 as follows:
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| (510 ILCS 70/10) (from Ch. 8, par. 710)
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| Sec. 10. Investigation of complaints.
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| (a) Upon receiving a complaint of a suspected violation of |
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| this Act, a
Department investigator, any law enforcement |
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| official, or an approved
humane investigator may, for the
the
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| purpose of investigating the allegations
of the complaint, |
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| enter during normal business hours upon any premises
where the |
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| animal or animals described in the complaint are housed or |
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| kept,
provided such entry shall not be made into any building |
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| which is a person's
residence, except by search warrant or |
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| court order.
Institutions operating under federal license to |
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LRB095 09449 CMK 33234 a |
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| conduct laboratory
experimentation utilizing animals for |
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| research or medical purposes are,
however, exempt from the |
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| provisions of this Section. State's Attorneys and
law |
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| enforcement officials shall provide such assistance as may be |
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| required
in the conduct of such investigations. Any such |
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| investigation requiring
legal procedures shall be immediately |
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| reported to the Department.
No employee or representative of |
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| the Department shall enter a livestock
management facility |
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| unless sanitized footwear is used, or unless the owner
or |
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| operator of the facility waives this requirement. The employee |
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| or
representative must also use any other reasonable disease |
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| prevention
procedures or equipment provided by the owner or |
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| operator of the facility.
The animal control administrator and |
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| animal control wardens appointed under
the Animal Control Act |
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| shall be authorized to make investigations complying
with this |
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| Section for alleged violations of Sections 3, 3.01,
3.02, and |
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| 3.03 pertaining
to companion animals. The animals
impounded |
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| shall remain under the jurisdiction of the animal control
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| administrator and be held in an animal shelter licensed under |
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| the
Animal
Welfare Act.
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| (b) Any veterinarian acting in good faith is immune
from |
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| any civil or criminal liability resulting from his or her |
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| actions under
this
Section. The good faith on the part of the
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| veterinarian is presumed.
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| (Source: P.A. 92-454, eff. 1-1-02.)".
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