State of Illinois
90th General Assembly
Legislation

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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.   To  establish and administer the "Illinois
27    Product Grown" label program, whereby  the  Department  shall
28    design  and  produce a label with the words "Illinois Product
29    Grown" on it which may be placed  on  food  and  agribusiness
30    commodities  each  container of fresh fruit, vegetables, meat
31    or other food  commodity  produced,  processed,  or  packaged
32    originating in 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
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 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; or
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 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  serve shall not have the power of police officers except
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 1    for the purposes of issuing and serving citations and  orders
 2    for  violations  of  this  Act.   The  Administrator,  Deputy
 3    Administrators,  and Animal Control Wardens may not carry are
 4    prohibited  from  carrying  weapons  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's and his  deputies  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 from
32    the   introduction   into   the   body    of    a    specific
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 1    disease-producing organism or its toxic product.
 2        "Contagious  disease" means a specific infectious disease
 3    which is readily transmitted from  host  to  host  by  direct
 4    contact 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.)
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 1        (510 ILCS 50/22) (from Ch. 8, par. 189)
 2        Sec. 22.  Any  veterinarian  having  information  of  the
 3    existence  of any reportable contagious or infectious disease
 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 offense Class 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
11    swine and having  knowledge  of,  or  reasonable  grounds  to
12    suspect  the  existence  among  them of, the disease known as
13    "hog cholera," or  of  any  other  contagious  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 animal swine, or animal swine known 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
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 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.

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