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


Sen. Andy Manar

Filed: 4/10/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 648 by replacing
3everything after the enacting clause with the following:
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



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1facility or law enforcement officer with jurisdiction the next
2business day. Any animal shelter that impounds or accepts a
3stray dog or cat and does not transfer the animal to the local
4animal control or law enforcement official by the next business
5day shall be in violation of this Act and shall be fined. An
6animal shelter may only accept an animal from its owner if the
7owner signs a relinquishment form that states he or she is the
8owner of the animal, an animal shelter licensed under this Act,
9or an out-of-state animal control facility, rescue group, or
10animal shelter that is duly licensed in their state or is a
11not-for-profit organization.
12    (c) No representative of an animal shelter may enter upon
13private property and remove an animal, nor can any
14representative of an animal shelter direct another person to
15enter upon private property and remove an animal, without a
16search warrant or court order. Any animal shelter that impounds
17an animal without approval from the Department shall be fined
18and is subject to a suspension or revocation of its license at
19an administrative hearing by the Department.
20    (d) An animal shelter that accepts animals from animal
21shelters or animal control facilities from out of state must
22require a certificate of veterinary inspection from the state
23where the animal originates. If the animal accepted is a dog
24over the age of 4 months, it must be vaccinated for rabies and
25listed as such on the certificate of veterinary inspection.
26    (e) Nothing in this Section limits an animal shelter and an



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1animal control facility that, through mutual agreement, wish to
2enter into an agreement for animal control, boarding, holding,
3or other services, provided that the agreement requires that
4the parties adhere to the provisions of the Animal Control Act,
5the Humane Euthanasia in Animal Shelters Act, and the Humane
6Care for Animals Act.
7(Source: P.A. 96-314, eff. 8-11-09.)
8    (225 ILCS 605/10)  (from Ch. 8, par. 310)
9    Sec. 10. Grounds for discipline. The Department may refuse
10to issue or renew or may suspend or revoke a license on any one
11or more of the following grounds:
12    a. Material misstatement in the application for original
13license or in the application for any renewal license under
14this Act;
15    b. A violation of this Act or of any regulations or rules
16issued pursuant thereto;
17    c. Aiding or abetting another in the violation of this Act
18or of any regulation or rule issued pursuant thereto;
19    d. Allowing one's license under this Act to be used by an
20unlicensed person;
21    e. Conviction of any crime an essential element of which is
22misstatement, fraud or dishonesty or conviction of any felony,
23if the Department determines, after investigation, that such
24person has not been sufficiently rehabilitated to warrant the
25public trust;



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1    f. Conviction of a violation of any law of Illinois except
2minor violations such as traffic violations and violations not
3related to the disposition of dogs, cats and other animals or
4any rule or regulation of the Department relating to dogs or
5cats and sale thereof;
6    g. Making substantial misrepresentations or false promises
7of a character likely to influence, persuade or induce in
8connection with the business of a licensee under this Act;
9    h. Pursuing a continued course of misrepresentation of or
10making false promises through advertising, salesman, agents or
11otherwise in connection with the business of a licensee under
12this Act;
13    i. Failure to possess the necessary qualifications or to
14meet the requirements of the Act for the issuance or holding a
15license; or
16    j. Proof that the licensee is guilty of gross negligence,
17incompetency, or cruelty with regard to animals.
18    The Department may refuse to issue or may suspend the
19license of any person who fails to file a return, or to pay the
20tax, penalty or interest shown in a filed return, or to pay any
21final assessment of tax, penalty or interest, as required by
22any tax Act administered by the Illinois Department of Revenue,
23until such time as the requirements of any such tax Act are
25    The Department may order any licensee to cease operation
26for a period not to exceed 72 hours to correct deficiencies in



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1order to meet licensing requirements.
2    If the Department revokes a license under this Act at an
3administrative hearing, the licensee shall be prohibited from
4applying for or obtaining a license under this Act for at least
53 years after the revocation.
6(Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97;
790-403, eff. 8-15-97.)
8    Section 10. The Humane Care for Animals Act is amended by
9changing Section 9 as follows:
10    (510 ILCS 70/9)  (from Ch. 8, par. 709)
11    Sec. 9. Humane investigators; qualifications. The
12Department shall, by rule or regulation, establish reasonable
13qualifications for approved humane investigators and shall
14maintain a current listing of all approved humane investigators
15which shall be available for public inspection. These
16qualifications shall include, but need not be limited to, a
17knowledge of the provisions of this Act and its rules and
18regulations and expertise in the investigation of complaints
19relating to the care and treatment of animals. Persons
20designated as humane investigators shall cooperate, when
21requested, in completing routine investigations and filing
22reports of violations of this Act received by the Department.
23Persons designated as humane investigators shall notify local
24law enforcement or the local animal control agency prior to



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1conducting an investigation into a complaint within the
2jurisdiction of such law enforcement or animal control agency.
3    Employees of the Department may be assigned as Department
5    A person designated as a humane investigator may have his
6or her approval suspended or revoked if:
7        (1) the person identifies himself or herself as a
8    government employee and not as an approved humane
9    investigator sponsored by a licensed animal shelter or
10    humane society;
11        (2) the person gives false or misleading information to
12    a State's Attorney, law enforcement official, licensed
13    animal control agency, or the Department;
14        (3) the person impounds an animal without obtaining the
15    required impoundment number and approval from the
16    Department; or
17        (4) the person identifies a violation of Section 3 or
18    other Section of this Act and fails to give proper
19    notification to correct the violation.
20    The animal shelter or humane society sponsoring a person
21designated as a humane investigator shall be fined and is
22subject to have its license suspended or revoked if the person
23designated as a humane investigator is found to have committed
24one of the infractions listed in this Section in an
25administrative hearing by the Department.
26(Source: P.A. 88-600, eff. 9-1-94.)".