Illinois General Assembly - Full Text of SB0648
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Full Text of SB0648  98th General Assembly



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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Animal Welfare Act is amended by changing
5Sections 3.4 and 10 as follows:
6    (225 ILCS 605/3.4)
7    Sec. 3.4. Release of animals to shelters.
8    (a) An animal shelter or animal control facility may not
9release any animal to an individual representing an animal
10shelter, unless (1) the recipient animal shelter has been
11licensed or has a foster care permit issued by the Department
12or (2) the individual is a representative of a not-for-profit,
13out-of-State organization and the animal is being transferred
14out of the State of Illinois.
15    (b) No animal shelter may impound or accept a stray dog or
16cat, unless such animal is released to the animal control
17facility or law enforcement officer with jurisdiction the next
18business day. Any animal shelter that impounds or accepts a
19stray dog or cat and does not transfer the animal to the local
20animal control or law enforcement official by the next business
21day shall be in violation of this Act and shall be fined. An
22animal shelter may only accept an animal from its owner if the
23owner signs a relinquishment form that states he or she is the



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1owner of the animal, an animal shelter licensed under this Act,
2or an out-of-state animal control facility, rescue group, or
3animal shelter that is duly licensed in their state or is a
4not-for-profit organization.
5    (c) No representative of an animal shelter may enter upon
6private property and remove an animal, nor can any
7representative of an animal shelter direct another person to
8enter upon private property and remove an animal, without a
9search warrant or court order. Any animal shelter that impounds
10an animal without approval from the Department shall be fined
11and is subject to a suspension or revocation of its license at
12an administrative hearing by the Department.
13    (d) An animal shelter that accepts animals from animal
14shelters or animal control facilities from out of state must
15require a certificate of veterinary inspection from the state
16where the animal originates. If the animal accepted is a dog
17over the age of 4 months, it must be vaccinated for rabies and
18listed as such on the certificate of veterinary inspection.
19    (e) Nothing in this Section limits an animal shelter and an
20animal control facility that, through mutual agreement, wish to
21enter into an agreement for animal control, boarding, holding,
22or other services, provided that the agreement requires that
23the parties adhere to the provisions of the Animal Control Act,
24the Humane Euthanasia in Animal Shelters Act, and the Humane
25Care for Animals Act.
26(Source: P.A. 96-314, eff. 8-11-09.)



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1    (225 ILCS 605/10)  (from Ch. 8, par. 310)
2    Sec. 10. Grounds for discipline. The Department may refuse
3to issue or renew or may suspend or revoke a license on any one
4or more of the following grounds:
5    a. Material misstatement in the application for original
6license or in the application for any renewal license under
7this Act;
8    b. A violation of this Act or of any regulations or rules
9issued pursuant thereto;
10    c. Aiding or abetting another in the violation of this Act
11or of any regulation or rule issued pursuant thereto;
12    d. Allowing one's license under this Act to be used by an
13unlicensed person;
14    e. Conviction of any crime an essential element of which is
15misstatement, fraud or dishonesty or conviction of any felony,
16if the Department determines, after investigation, that such
17person has not been sufficiently rehabilitated to warrant the
18public trust;
19    f. Conviction of a violation of any law of Illinois except
20minor violations such as traffic violations and violations not
21related to the disposition of dogs, cats and other animals or
22any rule or regulation of the Department relating to dogs or
23cats and sale thereof;
24    g. Making substantial misrepresentations or false promises
25of a character likely to influence, persuade or induce in



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1connection with the business of a licensee under this Act;
2    h. Pursuing a continued course of misrepresentation of or
3making false promises through advertising, salesman, agents or
4otherwise in connection with the business of a licensee under
5this Act;
6    i. Failure to possess the necessary qualifications or to
7meet the requirements of the Act for the issuance or holding a
8license; or
9    j. Proof that the licensee is guilty of gross negligence,
10incompetency, or cruelty with regard to animals.
11    The Department may refuse to issue or may suspend the
12license of any person who fails to file a return, or to pay the
13tax, penalty or interest shown in a filed return, or to pay any
14final assessment of tax, penalty or interest, as required by
15any tax Act administered by the Illinois Department of Revenue,
16until such time as the requirements of any such tax Act are
18    The Department may order any licensee to cease operation
19for a period not to exceed 72 hours to correct deficiencies in
20order to meet licensing requirements.
21    If the Department revokes a license under this Act at an
22administrative hearing, the licensee shall be prohibited from
23applying for or obtaining a license under this Act for at least
243 years after the revocation.
25(Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97;
2690-403, eff. 8-15-97.)



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1    Section 10. The Humane Care for Animals Act is amended by
2changing Section 9 as follows:
3    (510 ILCS 70/9)  (from Ch. 8, par. 709)
4    Sec. 9. Humane investigators; qualifications. The
5Department shall, by rule or regulation, establish reasonable
6qualifications for approved humane investigators and shall
7maintain a current listing of all approved humane investigators
8which shall be available for public inspection. These
9qualifications shall include, but need not be limited to, a
10knowledge of the provisions of this Act and its rules and
11regulations and expertise in the investigation of complaints
12relating to the care and treatment of animals. Persons
13designated as humane investigators shall cooperate, when
14requested, in completing routine investigations and filing
15reports of violations of this Act received by the Department.
16Persons designated as humane investigators shall notify local
17law enforcement or the local animal control agency prior to
18conducting an investigation into a complaint within the
19jurisdiction of such law enforcement or animal control agency.
20    Employees of the Department may be assigned as Department
22    A person designated as a humane investigator may have his
23or her approval suspended or revoked if:
24        (1) the person identifies himself or herself as a



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1    government employee and not as an approved humane
2    investigator sponsored by a licensed animal shelter or
3    humane society;
4        (2) the person gives false or misleading information to
5    a State's Attorney, law enforcement official, licensed
6    animal control agency, or the Department;
7        (3) the person impounds an animal without obtaining the
8    required impoundment number and approval from the
9    Department; or
10        (4) the person identifies a violation of Section 3 or
11    other Section of this Act and fails to give proper
12    notification to correct the violation.
13    The animal shelter or humane society sponsoring a person
14designated as a humane investigator shall be fined and is
15subject to have its license suspended or revoked if the person
16designated as a humane investigator is found to have committed
17one of the infractions listed in this Section in an
18administrative hearing by the Department.
19(Source: P.A. 88-600, eff. 9-1-94.)