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90_HB0674enr 510 ILCS 5/5 from Ch. 8, par. 355 Amends the Animal Control Act to authorize counties to grant full police powers, pertaining only to this Act, to certain animal control personnel, including the power to bear weapons. Specifies that persons authorized to carry firearms must complete training as prescribed in the Peace Officer Firearm Training Act. Requires the county to pay the cost of the training. Effective immediately. LRB9003582SMdv HB0674 Enrolled LRB9003582SMdv 1 AN ACT in relation to governmental functions, amending 2 named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. The Illinois Public Labor Relations Act is 6 amended by changing Section 14 as follows: 7 (5 ILCS 315/14) (from Ch. 48, par. 1614) 8 Sec. 14. Security Employee, Peace Officer and Fire 9 Fighter Disputes. 10 (a) In the case of collective bargaining agreements 11 involving units of security employees of a public employer, 12 Peace Officer Units, or units of fire fighters or paramedics, 13 and in the case of disputes under Section 18, unless the 14 parties mutually agree to some other time limit, mediation 15 shall commence 30 days prior to the expiration date of such 16 agreement or at such later time as the mediation services 17 chosen under subsection (b) of Section 12 can be provided to 18 the parties. In the case of negotiations for an initial 19 collective bargaining agreement, mediation shall commence 20 upon 15 days notice from either party or at such later time 21 as the mediation services chosen pursuant to subsection (b) 22 of Section 12 can be provided to the parties. In mediation 23 under this Section, if either party requests the use of 24 mediation services from the Federal Mediation and 25 Conciliation Service, the other party shall either join in 26 such request or bear the additional cost of mediation 27 services from another source. The mediator shall have a duty 28 to keep the Board informed on the progress of the mediation. 29 If any dispute has not been resolved within 15 days after the 30 first meeting of the parties and the mediator, or within such 31 other time limit as may be mutually agreed upon by the HB0674 Enrolled -2- LRB9003582SMdv 1 parties, either the exclusive representative or employer may 2 request of the other, in writing, arbitration, and shall 3 submit a copy of the request to the Board. 4 (b) Within 10 days after such a request for arbitration 5 has been made, the employer shall choose a delegate and the 6 employees' exclusive representative shall choose a delegate 7 to a panel of arbitration as provided in this Section. The 8 employer and employees shall forthwith advise the other and 9 the Board of their selections. 10 (c) Within 7 days of the request of either party, the 11 Board shall select from the Public Employees Labor Mediation 12 Roster 7 persons who are on the labor arbitration panels of 13 either the American Arbitration Association or the Federal 14 Mediation and Conciliation Service, or who are members of the 15 National Academy of Arbitrators, as nominees for impartial 16 arbitrator of the arbitration panel. The parties may select 17 an individual on the list provided by the Board or any other 18 individual mutually agreed upon by the parties. Within 7 19 days following the receipt of the list, the parties shall 20 notify the Board of the person they have selected. Unless 21 the parties agree on an alternate selection procedure, they 22 shall alternatively strike one name from the list provided by 23 the Board until only one name remains. A coin toss shall 24 determine which party shall strike the first name. If the 25 parties fail to notify the Board in a timely manner of their 26 selection for neutral chairman, the Board shall appoint a 27 neutral chairman from the Illinois Public Employees 28 Mediation/Arbitration Roster. 29 (d) The chairman shall call a hearing to begin within 15 30 days and give reasonable notice of the time and place of the 31 hearing. The hearing shall be held at the offices of the 32 Board or at such other location as the Board deems 33 appropriate. The chairman shall preside over the hearing and 34 shall take testimony. Any oral or documentary evidence and HB0674 Enrolled -3- LRB9003582SMdv 1 other data deemed relevant by the arbitration panel may be 2 received in evidence. The proceedings shall be informal. 3 Technical rules of evidence shall not apply and the 4 competency of the evidence shall not thereby be deemed 5 impaired. A verbatim record of the proceedings shall be made 6 and the arbitrator shall arrange for the necessary recording 7 service. Transcripts may be ordered at the expense of the 8 party ordering them, but the transcripts shall not be 9 necessary for a decision by the arbitration panel. The 10 expense of the proceedings, including a fee for the chairman, 11 established in advance by the Board, shall be borne equally 12 by each of the parties to the dispute. The delegates, if 13 public officers or employees, shall continue on the payroll 14 of the public employer without loss of pay. The hearing 15 conducted by the arbitration panel may be adjourned from time 16 to time, but unless otherwise agreed by the parties, shall be 17 concluded within 30 days of the time of its commencement. 18 Majority actions and rulings shall constitute the actions and 19 rulings of the arbitration panel. Arbitration proceedings 20 under this Section shall not be interrupted or terminated by 21 reason of any unfair labor practice charge filed by either 22 party at any time. 23 (e) The arbitration panel may administer oaths, require 24 the attendance of witnesses, and the production of such 25 books, papers, contracts, agreements and documents as may be 26 deemed by it material to a just determination of the issues 27 in dispute, and for such purpose may issue subpoenas. If any 28 person refuses to obey a subpoena, or refuses to be sworn or 29 to testify, or if any witness, party or attorney is guilty of 30 any contempt while in attendance at any hearing, the 31 arbitration panel may, or the attorney general if requested 32 shall, invoke the aid of any circuit court within the 33 jurisdiction in which the hearing is being held, which court 34 shall issue an appropriate order. Any failure to obey the HB0674 Enrolled -4- LRB9003582SMdv 1 order may be punished by the court as contempt. 2 (f) At any time before the rendering of an award, the 3 chairman of the arbitration panel, if he is of the opinion 4 that it would be useful or beneficial to do so, may remand 5 the dispute to the parties for further collective bargaining 6 for a period not to exceed 2 weeks. If the dispute is 7 remanded for further collective bargaining the time 8 provisions of this Act shall be extended for a time period 9 equal to that of the remand. The chairman of the panel of 10 arbitration shall notify the Board of the remand. 11 (g) At or before the conclusion of the hearing held 12 pursuant to subsection (d), the arbitration panel shall 13 identify the economic issues in dispute, and direct each of 14 the parties to submit, within such time limit as the panel 15 shall prescribe, to the arbitration panel and to each other 16 its last offer of settlement on each economic issue. The 17 determination of the arbitration panel as to the issues in 18 dispute and as to which of these issues are economic shall be 19 conclusive. The arbitration panel, within 30 days after the 20 conclusion of the hearing, or such further additional periods 21 to which the parties may agree, shall make written findings 22 of fact and promulgate a written opinion and shall mail or 23 otherwise deliver a true copy thereof to the parties and 24 their representatives and to the Board. As to each economic 25 issue, the arbitration panel shall adopt the last offer of 26 settlement which, in the opinion of the arbitration panel, 27 more nearly complies with the applicable factors prescribed 28 in subsection (h). The findings, opinions and order as to 29 all other issues shall be based upon the applicable factors 30 prescribed in subsection (h). 31 (h) Where there is no agreement between the parties, or 32 where there is an agreement but the parties have begun 33 negotiations or discussions looking to a new agreement or 34 amendment of the existing agreement, and wage rates or other HB0674 Enrolled -5- LRB9003582SMdv 1 conditions of employment under the proposed new or amended 2 agreement are in dispute, the arbitration panel shall base 3 its findings, opinions and order upon the following factors, 4 as applicable: 5 (1) The lawful authority of the employer. 6 (2) Stipulations of the parties. 7 (3) The interests and welfare of the public and the 8 financial ability of the unit of government to meet those 9 costs. 10 (4) Comparison of the wages, hours and conditions 11 of employment of the employees involved in the 12 arbitration proceeding with the wages, hours and 13 conditions of employment of other employees performing 14 similar services and with other employees generally: 15 (A) In public employment in comparable 16 communities. 17 (B) In private employment in comparable 18 communities. 19 (5) The average consumer prices for goods and 20 services, commonly known as the cost of living. 21 (6) The overall compensation presently received by 22 the employees, including direct wage compensation, 23 vacations, holidays and other excused time, insurance and 24 pensions, medical and hospitalization benefits, the 25 continuity and stability of employment and all other 26 benefits received. 27 (7) Changes in any of the foregoing circumstances 28 during the pendency of the arbitration proceedings. 29 (8) Such other factors, not confined to the 30 foregoing, which are normally or traditionally taken into 31 consideration in the determination of wages, hours and 32 conditions of employment through voluntary collective 33 bargaining, mediation, fact-finding, arbitration or 34 otherwise between the parties, in the public service or HB0674 Enrolled -6- LRB9003582SMdv 1 in private employment. 2 (i) In the case of peace officers, the arbitration 3 decision shall be limited to wages, hours, and conditions of 4 employment (which may include residency requirements in 5 municipalities with a population under 1,000,000, but those 6 residency requirements shall not allow residency outside of 7 Illinois) and shall not include the following: i) residency 8 requirements in municipalities with a population of at least 9 1,000,000; ii) the type of equipment, other than uniforms, 10 issued or used; iii) manning; iv) the total number of 11 employees employed by the department; v) mutual aid and 12 assistance agreements to other units of government; and vi) 13 the criterion pursuant to which force, including deadly 14 force, can be used; provided, nothing herein shall preclude 15 an arbitration decision regarding equipment or manning levels 16 if such decision is based on a finding that the equipment or 17 manning considerations in a specific work assignment involve 18 a serious risk to the safety of a peace officer beyond that 19 which is inherent in the normal performance of police duties. 20 Limitation of the terms of the arbitration decision pursuant 21 to this subsection shall not be construed to limit the 22 factors upon which the decision may be based, as set forth in 23 subsection (h). 24 In the case of fire fighter, and fire department or fire 25 district paramedic matters, the arbitration decision shall be 26 limited to wages, hours, and conditions of employment (which 27 may include residency requirements in municipalities with a 28 population under 1,000,000, but those residency requirements 29 shall not allow residency outside of Illinois) and shall not 30 include the following matters: i) residency requirements in 31 municipalities with a population of at least 1,000,000; ii) 32 the type of equipment (other than uniforms and fire fighter 33 turnout gear) issued or used; iii) the total number of 34 employees employed by the department; iv) mutual aid and HB0674 Enrolled -7- LRB9003582SMdv 1 assistance agreements to other units of government; and v) 2 the criterion pursuant to which force, including deadly 3 force, can be used; provided, however, nothing herein shall 4 preclude an arbitration decision regarding equipment levels 5 if such decision is based on a finding that the equipment 6 considerations in a specific work assignment involve a 7 serious risk to the safety of a fire fighter beyond that 8 which is inherent in the normal performance of fire fighter 9 duties. Limitation of the terms of the arbitration decision 10 pursuant to this subsection shall not be construed to limit 11 the facts upon which the decision may be based, as set forth 12 in subsection (h). 13 The changes to this subsection (i) made by this 14 amendatory Act of 1997 (relating to residency requirements) 15 do not apply to persons who are employed by a combined 16 department that performs both police and firefighting 17 services; these persons shall be governed by the provisions 18 of this subsection (i) relating to peace officers, as they 19 existed before the amendment by this amendatory Act of 1997. 20 To preserve historical bargaining rights, this subsection 21 shall not apply to any provision of a fire fighter collective 22 bargaining agreement in effect and applicable on the 23 effective date of this Act; provided, however, nothing herein 24 shall preclude arbitration with respect to any such 25 provision. 26 (j) Arbitration procedures shall be deemed to be 27 initiated by the filing of a letter requesting mediation as 28 required under subsection (a) of this Section. The 29 commencement of a new municipal fiscal year after the 30 initiation of arbitration procedures under this Act, but 31 before the arbitration decision, or its enforcement, shall 32 not be deemed to render a dispute moot, or to otherwise 33 impair the jurisdiction or authority of the arbitration panel 34 or its decision. Increases in rates of compensation awarded HB0674 Enrolled -8- LRB9003582SMdv 1 by the arbitration panel may be effective only at the start 2 of the fiscal year next commencing after the date of the 3 arbitration award. If a new fiscal year has commenced either 4 since the initiation of arbitration procedures under this Act 5 or since any mutually agreed extension of the statutorily 6 required period of mediation under this Act by the parties to 7 the labor dispute causing a delay in the initiation of 8 arbitration, the foregoing limitations shall be inapplicable, 9 and such awarded increases may be retroactive to the 10 commencement of the fiscal year, any other statute or charter 11 provisions to the contrary, notwithstanding. At any time the 12 parties, by stipulation, may amend or modify an award of 13 arbitration. 14 (k) Orders of the arbitration panel shall be reviewable, 15 upon appropriate petition by either the public employer or 16 the exclusive bargaining representative, by the circuit court 17 for the county in which the dispute arose or in which a 18 majority of the affected employees reside, but only for 19 reasons that the arbitration panel was without or exceeded 20 its statutory authority; the order is arbitrary, or 21 capricious; or the order was procured by fraud, collusion or 22 other similar and unlawful means. Such petitions for review 23 must be filed with the appropriate circuit court within 90 24 days following the issuance of the arbitration order. The 25 pendency of such proceeding for review shall not 26 automatically stay the order of the arbitration panel. The 27 party against whom the final decision of any such court shall 28 be adverse, if such court finds such appeal or petition to be 29 frivolous, shall pay reasonable attorneys' fees and costs to 30 the successful party as determined by said court in its 31 discretion. If said court's decision affirms the award of 32 money, such award, if retroactive, shall bear interest at the 33 rate of 12 percent per annum from the effective retroactive 34 date. HB0674 Enrolled -9- LRB9003582SMdv 1 (l) During the pendency of proceedings before the 2 arbitration panel, existing wages, hours, and other 3 conditions of employment shall not be changed by action of 4 either party without the consent of the other but a party may 5 so consent without prejudice to his rights or position under 6 this Act. The proceedings are deemed to be pending before 7 the arbitration panel upon the initiation of arbitration 8 procedures under this Act. 9 (m) Security officers of public employers, and Peace 10 Officers, Fire Fighters and fire department and fire 11 protection district paramedics, covered by this Section may 12 not withhold services, nor may public employers lock out or 13 prevent such employees from performing services at any time. 14 (n) All of the terms decided upon by the arbitration 15 panel shall be included in an agreement to be submitted to 16 the public employer's governing body for ratification and 17 adoption by law, ordinance or the equivalent appropriate 18 means. 19 The governing body shall review each term decided by the 20 arbitration panel. If the governing body fails to reject one 21 or more terms of the arbitration panel's decision by a 3/5 22 vote of those duly elected and qualified members of the 23 governing body, within 20 days of issuance, or in the case of 24 firefighters employed by a state university, at the next 25 regularly scheduled meeting of the governing body after 26 issuance, such term or terms shall become a part of the 27 collective bargaining agreement of the parties. If the 28 governing body affirmatively rejects one or more terms of the 29 arbitration panel's decision, it must provide reasons for 30 such rejection with respect to each term so rejected, within 31 20 days of such rejection and the parties shall return to the 32 arbitration panel for further proceedings and issuance of a 33 supplemental decision with respect to the rejected terms. 34 Any supplemental decision by an arbitration panel or other HB0674 Enrolled -10- LRB9003582SMdv 1 decision maker agreed to by the parties shall be submitted to 2 the governing body for ratification and adoption in 3 accordance with the procedures and voting requirements set 4 forth in this Section. The voting requirements of this 5 subsection shall apply to all disputes submitted to 6 arbitration pursuant to this Section notwithstanding any 7 contrary voting requirements contained in any existing 8 collective bargaining agreement between the parties. 9 (o) If the governing body of the employer votes to 10 reject the panel's decision, the parties shall return to the 11 panel within 30 days from the issuance of the reasons for 12 rejection for further proceedings and issuance of a 13 supplemental decision. All reasonable costs of such 14 supplemental proceeding including the exclusive 15 representative's reasonable attorney's fees, as established 16 by the Board, shall be paid by the employer. 17 (p) Notwithstanding the provisions of this Section the 18 employer and exclusive representative may agree to submit 19 unresolved disputes concerning wages, hours, terms and 20 conditions of employment to an alternative form of impasse 21 resolution. 22 (Source: P.A. 89-195, eff. 7-21-95.) 23 Section 2. The Civil Administrative Code of Illinois is 24 amended by changing Section 40.36 as follows: 25 (20 ILCS 205/40.36) (from Ch. 127, par. 40.36) 26 Sec. 40.36. Toestablish andadminister the "Illinois 27 ProductGrown" label program, wherebythe Department shall28design and producea label with the words "Illinois Product 29Grown" on itwhichmay be placed on food and agribusiness 30 commoditieseach container of fresh fruit, vegetables, meat31or other food commodityproduced, processed, or packaged 32originatingin Illinois. HB0674 Enrolled -11- LRB9003582SMdv 1 (Source: P.A. 85-1209.) 2 Section 3. The Animal Welfare Act is amended by changing 3 Sections 2 and 10 and adding Section 6.5 as follows: 4 (225 ILCS 605/2) (from Ch. 8, par. 302) 5 Sec. 2. Definitions. As used in this Act unless the 6 context otherwise requires: 7 "Department" means the Illinois Department of 8 Agriculture. 9 "Director" means the Director of the Illinois Department 10 of Agriculture. 11 "Pet shop operator" means any person who sells, offers to 12 sell, exchange, or offers for adoption with or without charge 13 or donation dogs, cats, birds, fish, reptiles, or other 14 animals customarily obtained as pets in this State. However, 15 a person who sells only such animals that he has produced and 16 raised shall not be considered a pet shop operator under this 17 Act, and a veterinary hospital or clinic operated by a 18 veterinarian or veterinarians licensed under the Veterinary 19 Medicine and Surgery Practice Act of 1994 shall not be 20 considered a pet shop operator under this Act. 21 "Dog dealer" means any person who sells, offers to sell, 22 exchange, or offers for adoption with or without charge or 23 donation dogs in this State. However, a person who sells only 24 dogs that he has produced and raised shall not be considered 25 a dog dealer under this Act, and a veterinary hospital or 26 clinic operated by a veterinarian or veterinarians licensed 27 under the Veterinary Medicine and Surgery Practice Act of 28 1994 shall not be considered a dog dealer under this Act. 29 "Secretary of Agriculture" or "Secretary" means the 30 Secretary of Agriculture of the United States Department of 31 Agriculture. 32 "Person" means any person, firm, corporation, HB0674 Enrolled -12- LRB9003582SMdv 1 partnership, association or other legal entity, any public or 2 private institution, the State of Illinois, or any municipal 3 corporation or political subdivision of the State. 4 "Kennel operator" means any person who operates an 5 establishment, other than an animal control facility, 6 veterinary hospital, or animal shelter, where dogs or dogs 7 and cats are maintained for boarding, training or similar 8 purposes for a fee or compensation; or who sells, offers to 9 sell, exchange, or offers for adoption with or without charge 10 dogs or dogs and cats which he has produced and raised. A 11 person who owns, has possession of, or harbors 5 or less 12 females capable of reproduction shall not be considered a 13 kennel operator. 14 "Cattery operator" means any person who operates an 15 establishment, other than an animal control facility or 16 animal shelter, where cats are maintained for boarding, 17 training or similar purposes for a fee or compensation; or 18 who sells, offers to sell, exchange, or offers for adoption 19 with or without charges cats which he has produced and 20 raised. A person who owns, has possession of, or harbors 5 21 or less females capable of reproduction shall not be 22 considered a cattery operator. 23 "Animal control facility" means any facility operated by 24 or under contract for the State, county, or any municipal 25 corporation or political subdivision of the State for the 26 purpose of impounding or harboring seized, stray, homeless, 27 abandoned or unwanted dogs, cats, and other animals. "Animal 28 control facility" also means any veterinary hospital or 29 clinic operated by a veterinarian or veterinarians licensed 30 under the Veterinary Medicine and Surgery Practice Act of 31 1994 which operates for the above mentioned purpose in 32 addition to its customary purposes. 33 "Animal shelter" means a facility operated, owned, or 34 maintained by a duly incorporated humane society, animal HB0674 Enrolled -13- LRB9003582SMdv 1 welfare society, or other non-profit organization for the 2 purpose of providing for and promoting the welfare, 3 protection, and humane treatment of animals. "Animal 4 shelter" also means any veterinary hospital or clinic 5 operated by a veterinarian or veterinarians licensed under 6 the Veterinary Medicine and Surgery Practice Act of 1994 7 which operates for the above mentioned purpose in addition to 8 its customary purposes. 9 "Foster home" means an entity that accepts the 10 responsibility for stewardship of animals that are the 11 obligation of an animal shelter, not to exceed 4 animals at 12 any given time. Permits to operate as a "foster home" shall 13 be issued through the animal shelter. 14 "Guard dog service" means an entity that, for a fee, 15 furnishes or leases guard or sentry dogs for the protection 16 of life or property. A person is not a guard dog service 17 solely because he or she owns a dog and uses it to guard his 18 or her home, business, or farmland. 19 "Guard dog" means a type of dog used primarily for the 20 purpose of defending, patrolling, or protecting property or 21 life at a commercial establishment other than a farm. "Guard 22 dog" does not include stock dogs used primarily for handling 23 and controlling livestock or farm animals, nor does it 24 include personally owned pets that also provide security. 25 "Sentry dog" means a dog trained to work without 26 supervision in a fenced facility other than a farm, and to 27 deter or detain unauthorized persons found within the 28 facility. 29 (Source: P.A. 88-424; 89-178, eff. 7-19-95.) 30 (225 ILCS 605/6.5 new) 31 Sec. 6.5. Termination of application; forfeiture of 32 license fee. Failure of any applicant to meet all of the 33 requirements for compliance within 60 days of receipt of a HB0674 Enrolled -14- LRB9003582SMdv 1 license application shall result in termination of the 2 application and forfeiture of the license fee. 3 (225 ILCS 605/10) (from Ch. 8, par. 310) 4 Sec. 10. Grounds for discipline. The Department may 5 refuse to issue or renew or may suspend or revoke a license 6 on any one or more of the following grounds: 7 a. Material misstatement in the application for original 8 license or in the application for any renewal license under 9 this Act; 10 b. A violation of this Act or of any regulations or 11 rules issued pursuant thereto; 12 c. Aiding or abetting another in the violation of this 13 Act or of any regulation or rule issued pursuant thereto; 14 d. Allowing one's license under this Act to be used by 15 an unlicensed person; 16 e. Conviction of any crime an essential element of which 17 is misstatement, fraud or dishonesty or conviction of any 18 felony, if the Department determines, after investigation, 19 that such person has not been sufficiently rehabilitated to 20 warrant the public trust; 21 f. Conviction of a violation of any law of Illinois 22 except minor violations such as traffic violations and 23 violations not related to the disposition of dogs, cats and 24 other animals or any rule or regulation of the Department 25 relating to dogs or cats and sale thereof; 26 g. Making substantial misrepresentations or false 27 promises of a character likely to influence, persuade or 28 induce in connection with the business of a licensee under 29 this Act; 30 h. Pursuing a continued course of misrepresentation of 31 or making false promises through advertising, salesman, 32 agents or otherwise in connection with the business of a 33 licensee under this Act;orHB0674 Enrolled -15- LRB9003582SMdv 1 i. Failure to possess the necessary qualifications or to 2 meet the requirements of the Act for the issuance or holding 3 a license; or.4 j. Proof that the licensee is guilty of gross 5 negligence, incompetency, or cruelty with regard to animals. 6 The Department may refuse to issue or may suspend the 7 license of any person who fails to file a return, or to pay 8 the tax, penalty or interest shown in a filed return, or to 9 pay any final assessment of tax, penalty or interest, as 10 required by any tax Act administered by the Illinois 11 Department of Revenue, until such time as the requirements of 12 any such tax Act are satisfied. 13 The Department may order any licensee to cease operation 14 for a period not to exceed 72 hours to correct deficiencies 15 in order to meet licensing requirements. 16 (Source: P.A. 89-178, eff. 7-19-95.) 17 Section 5. The Animal Control Act is amended by changing 18 Section 5 as follows: 19 (510 ILCS 5/5) (from Ch. 8, par. 355) 20 Sec. 5. Duties and powers. 21 (a) It shall be the duty of the Administrator, through 22 education, rabies inoculation, stray control, impoundment, 23 quarantine, and any other means deemed necessary, to control 24 and prevent the spread of rabies in his county. It shall 25 also be the duty of the Administrator to investigate and 26 substantiate all claims made under Section 19 of this Act. 27 (b) Counties may by ordinance determine the extent of 28 the police powers that may be exercised by the Administrator, 29 Deputy Administrators, and Animal Control Wardens, which 30 powers shall pertain only to this Act. The Administrator, 31 Deputy Administrators, and Animal Control Wardens may issue 32 and serveshall not have the power of police officers exceptHB0674 Enrolled -16- LRB9003582SMdv 1for the purposes of issuing and servingcitations and orders 2 for violations of this Act. The Administrator, Deputy 3 Administrators, and Animal Control Wardens may not carryare4prohibited from carryingweapons unless they have been 5 specifically authorized to carry weapons by county ordinance. 6 Animal Control Wardens, however, may use tranquilizer guns 7 and equipment without specific weapons authorization. 8 A person authorized to carry firearms by county ordinance 9 under this subsection must have completed the training course 10 for peace officers prescribed in the Peace Officer Firearm 11 Training Act. The cost of this training shall be paid by the 12 county. 13 (c) The sheriff and all sheriff'sand hisdeputies and 14 municipal police officers shall cooperate with the 15 Administrator in carrying out the provisions of this Act. 16 (Source: P.A. 87-1269.) 17 Section 10. The Illinois Diseased Animals Act is amended 18 by changing Sections 1, 3, 19, 22, and 24 as follows: 19 (510 ILCS 50/1) (from Ch. 8, par. 168) 20 Sec. 1. For the purposes of this Act: 21 "Department" means the Department of Agriculture of the 22 State of Illinois. 23 "Director" means the Director of the Illinois Department 24 of Agriculture, or his duly appointed representative. 25 "Contagious or infectious disease" means a specific 26 disease designated by the Department as contagious or 27 infectious under rules pertaining to this Act. 28 "Reportable disease" means a specific disease designated 29 by the Department as reportable under rules pertaining to 30 this Act. 31"Infectious disease" means the reaction resulting from32the introduction into the body of a specificHB0674 Enrolled -17- LRB9003582SMdv 1disease-producing organism or its toxic product.2"Contagious disease" means a specific infectious disease3which is readily transmitted from host to host by direct4contact or by means of an intermediate host.5 "Animals" means domestic animals, poultry, and wild 6 animals in captivity. 7 (Source: P.A. 81-196.) 8 (510 ILCS 50/3) (from Ch. 8, par. 170) 9 Sec. 3. Upon its becoming known to the Department that 10 any animals are infected, or suspected of being infected, 11 with any contagious or infectious disease, the Department 12 shall have the authority to cause proper examination thereof 13 to be made; and if such disease is found to be of a 14 dangerously contagious or dangerously infectious nature, 15 shall order such diseased animals and such as have been 16 exposed to such disease, and the premises in or on which they 17 are, or have recently occupied, to be quarantined. The 18 Department may, in connection with any such quarantine, order 19 that no animal which has been or is so diseased, or exposed 20 to such disease, may be removed from the premises so 21 quarantined and that no animal susceptible to such disease 22 may be brought therein or thereon, except under such rules as 23 the Department may prescribe. 24 (Source: Laws 1961, p. 3164.) 25 (510 ILCS 50/19) (from Ch. 8, par. 186) 26 Sec. 19. Any railroad, truck,steamboat,transportation 27 or stockyard company violating any of the provisions of 28 Section 18, or any of the rules of the Department referred to 29 therein, shall be guilty of a business offense and shall be 30 fined in any sum not exceeding one thousand dollars ($1,000) 31 for each offense. 32 (Source: P.A. 77-2679.) HB0674 Enrolled -18- LRB9003582SMdv 1 (510 ILCS 50/22) (from Ch. 8, par. 189) 2 Sec. 22. Any veterinarian having information of the 3 existence of any reportablecontagious or infectiousdisease 4 among animals in this State, who fails to promptly report 5 such knowledge to the Department, shall be guilty of a 6 business offense and shall be fined in any sum not exceeding 7 $1,000 for each offenseClass A misdemeanor. 8 (Source: P.A. 77-2679.) 9 (510 ILCS 50/24) (from Ch. 8, par. 191) 10 Sec. 24. Any owner or person having charge of any animal 11swineand having knowledge of, or reasonable grounds to 12 suspect the existence among them of, the disease known as13"hog cholera," or ofanyothercontagious or infectious 14 disease and who does not use reasonable means to prevent the 15 spread of such disease; or who conveys upon or along any 16 public highway or other public grounds or any private lands, 17 any diseased animalswine, or animalswineknown to have died 18 of, or been slaughtered on account of, any contagious or 19 infectious disease, shall be liable in damages to the person 20 or persons who may have suffered loss on account thereof. 21 (Source: Laws 1943, vol. 1, p. 24.) 22 Section 15. The Illinois Swine Disease Control and 23 Eradication Act is amended by changing Section 3 as follows: 24 (510 ILCS 100/3) (from Ch. 8, par. 503) 25 Sec. 3. It is the duty of the owner or person having 26 charge of any swine and having knowledge of or reasonable 27 grounds to suspect the existence among such swine of any 28 contagious or infectious disease, as defined in Section 1 of 29 the Illinois Diseased Animals Act, to use all reasonable 30 means to prevent the spread of the disease. When such 31 knowledge comes to such person that any swine had died of, or HB0674 Enrolled -19- LRB9003582SMdv 1 had been slaughtered on account of any such disease, it is 2 such person's duty to immediately dispose of such swine as 3 provided in "An Act in relation to the disposal of dead 4 animals", approved July 16, 1941, as now or hereafter 5 amended. 6 (Source: P.A. 86-231.) 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.