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90_HB0674eng
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 Engrossed LRB9003582SMdv
1 AN ACT concerning regulation by the Department of
2 Agriculture, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 2. The Civil Administrative Code of Illinois is
6 amended by changing Section 40.36 as follows:
7 (20 ILCS 205/40.36) (from Ch. 127, par. 40.36)
8 Sec. 40.36. To establish and administer the "Illinois
9 Product Grown" label program, whereby the Department shall
10 design and produce a label with the words "Illinois Product
11 Grown" on it which may be placed on food and agribusiness
12 commodities each container of fresh fruit, vegetables, meat
13 or other food commodity produced, processed, or packaged
14 originating in Illinois.
15 (Source: P.A. 85-1209.)
16 Section 3. The Animal Welfare Act is amended by changing
17 Sections 2 and 10 and adding Section 6.5 as follows:
18 (225 ILCS 605/2) (from Ch. 8, par. 302)
19 Sec. 2. Definitions. As used in this Act unless the
20 context otherwise requires:
21 "Department" means the Illinois Department of
22 Agriculture.
23 "Director" means the Director of the Illinois Department
24 of Agriculture.
25 "Pet shop operator" means any person who sells, offers to
26 sell, exchange, or offers for adoption with or without charge
27 or donation dogs, cats, birds, fish, reptiles, or other
28 animals customarily obtained as pets in this State. However,
29 a person who sells only such animals that he has produced and
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1 raised shall not be considered a pet shop operator under this
2 Act, and a veterinary hospital or clinic operated by a
3 veterinarian or veterinarians licensed under the Veterinary
4 Medicine and Surgery Practice Act of 1994 shall not be
5 considered a pet shop operator under this Act.
6 "Dog dealer" means any person who sells, offers to sell,
7 exchange, or offers for adoption with or without charge or
8 donation dogs in this State. However, a person who sells only
9 dogs that he has produced and raised shall not be considered
10 a dog dealer under this Act, and a veterinary hospital or
11 clinic operated by a veterinarian or veterinarians licensed
12 under the Veterinary Medicine and Surgery Practice Act of
13 1994 shall not be considered a dog dealer under this Act.
14 "Secretary of Agriculture" or "Secretary" means the
15 Secretary of Agriculture of the United States Department of
16 Agriculture.
17 "Person" means any person, firm, corporation,
18 partnership, association or other legal entity, any public or
19 private institution, the State of Illinois, or any municipal
20 corporation or political subdivision of the State.
21 "Kennel operator" means any person who operates an
22 establishment, other than an animal control facility,
23 veterinary hospital, or animal shelter, where dogs or dogs
24 and cats are maintained for boarding, training or similar
25 purposes for a fee or compensation; or who sells, offers to
26 sell, exchange, or offers for adoption with or without charge
27 dogs or dogs and cats which he has produced and raised. A
28 person who owns, has possession of, or harbors 5 or less
29 females capable of reproduction shall not be considered a
30 kennel operator.
31 "Cattery operator" means any person who operates an
32 establishment, other than an animal control facility or
33 animal shelter, where cats are maintained for boarding,
34 training or similar purposes for a fee or compensation; or
HB0674 Engrossed -3- LRB9003582SMdv
1 who sells, offers to sell, exchange, or offers for adoption
2 with or without charges cats which he has produced and
3 raised. A person who owns, has possession of, or harbors 5
4 or less females capable of reproduction shall not be
5 considered a cattery operator.
6 "Animal control facility" means any facility operated by
7 or under contract for the State, county, or any municipal
8 corporation or political subdivision of the State for the
9 purpose of impounding or harboring seized, stray, homeless,
10 abandoned or unwanted dogs, cats, and other animals. "Animal
11 control facility" also means any veterinary hospital or
12 clinic operated by a veterinarian or veterinarians licensed
13 under the Veterinary Medicine and Surgery Practice Act of
14 1994 which operates for the above mentioned purpose in
15 addition to its customary purposes.
16 "Animal shelter" means a facility operated, owned, or
17 maintained by a duly incorporated humane society, animal
18 welfare society, or other non-profit organization for the
19 purpose of providing for and promoting the welfare,
20 protection, and humane treatment of animals. "Animal
21 shelter" also means any veterinary hospital or clinic
22 operated by a veterinarian or veterinarians licensed under
23 the Veterinary Medicine and Surgery Practice Act of 1994
24 which operates for the above mentioned purpose in addition to
25 its customary purposes.
26 "Foster home" means an entity that accepts the
27 responsibility for stewardship of animals that are the
28 obligation of an animal shelter, not to exceed 4 animals at
29 any given time. Permits to operate as a "foster home" shall
30 be issued through the animal shelter.
31 "Guard dog service" means an entity that, for a fee,
32 furnishes or leases guard or sentry dogs for the protection
33 of life or property. A person is not a guard dog service
34 solely because he or she owns a dog and uses it to guard his
HB0674 Engrossed -4- LRB9003582SMdv
1 or her home, business, or farmland.
2 "Guard dog" means a type of dog used primarily for the
3 purpose of defending, patrolling, or protecting property or
4 life at a commercial establishment other than a farm. "Guard
5 dog" does not include stock dogs used primarily for handling
6 and controlling livestock or farm animals, nor does it
7 include personally owned pets that also provide security.
8 "Sentry dog" means a dog trained to work without
9 supervision in a fenced facility other than a farm, and to
10 deter or detain unauthorized persons found within the
11 facility.
12 (Source: P.A. 88-424; 89-178, eff. 7-19-95.)
13 (225 ILCS 605/6.5 new)
14 Sec. 6.5. Termination of application; forfeiture of
15 license fee. Failure of any applicant to meet all of the
16 requirements for compliance within 60 days of receipt of a
17 license application shall result in termination of the
18 application and forfeiture of the license fee.
19 (225 ILCS 605/10) (from Ch. 8, par. 310)
20 Sec. 10. Grounds for discipline. The Department may
21 refuse to issue or renew or may suspend or revoke a license
22 on any one or more of the following grounds:
23 a. Material misstatement in the application for original
24 license or in the application for any renewal license under
25 this Act;
26 b. A violation of this Act or of any regulations or
27 rules issued pursuant thereto;
28 c. Aiding or abetting another in the violation of this
29 Act or of any regulation or rule issued pursuant thereto;
30 d. Allowing one's license under this Act to be used by
31 an unlicensed person;
32 e. Conviction of any crime an essential element of which
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1 is misstatement, fraud or dishonesty or conviction of any
2 felony, if the Department determines, after investigation,
3 that such person has not been sufficiently rehabilitated to
4 warrant the public trust;
5 f. Conviction of a violation of any law of Illinois
6 except minor violations such as traffic violations and
7 violations not related to the disposition of dogs, cats and
8 other animals or any rule or regulation of the Department
9 relating to dogs or cats and sale thereof;
10 g. Making substantial misrepresentations or false
11 promises of a character likely to influence, persuade or
12 induce in connection with the business of a licensee under
13 this Act;
14 h. Pursuing a continued course of misrepresentation of
15 or making false promises through advertising, salesman,
16 agents or otherwise in connection with the business of a
17 licensee under this Act; or
18 i. Failure to possess the necessary qualifications or to
19 meet the requirements of the Act for the issuance or holding
20 a license; or.
21 j. Proof that the licensee is guilty of gross
22 negligence, incompetency, or cruelty with regard to animals.
23 The Department may refuse to issue or may suspend the
24 license of any person who fails to file a return, or to pay
25 the tax, penalty or interest shown in a filed return, or to
26 pay any final assessment of tax, penalty or interest, as
27 required by any tax Act administered by the Illinois
28 Department of Revenue, until such time as the requirements of
29 any such tax Act are satisfied.
30 The Department may order any licensee to cease operation
31 for a period not to exceed 72 hours to correct deficiencies
32 in order to meet licensing requirements.
33 (Source: P.A. 89-178, eff. 7-19-95.)
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1 Section 5. The Animal Control Act is amended by changing
2 Section 5 as follows:
3 (510 ILCS 5/5) (from Ch. 8, par. 355)
4 Sec. 5. Duties and powers.
5 (a) It shall be the duty of the Administrator, through
6 education, rabies inoculation, stray control, impoundment,
7 quarantine, and any other means deemed necessary, to control
8 and prevent the spread of rabies in his county. It shall
9 also be the duty of the Administrator to investigate and
10 substantiate all claims made under Section 19 of this Act.
11 (b) Counties may by ordinance determine the extent of
12 the police powers that may be exercised by the Administrator,
13 Deputy Administrators, and Animal Control Wardens, which
14 powers shall pertain only to this Act. Unless additional
15 powers are authorized by county ordinance, the Administrator,
16 Deputy Administrators, and Animal Control Wardens shall not
17 have the power of police officers except for the purposes of
18 issuing and serving citations and orders for violations of
19 this Act. The Administrator, Deputy Administrators, and
20 Animal Control Wardens may not carry are prohibited from
21 carrying weapons unless they have been specifically
22 authorized to carry weapons by county ordinance. Animal
23 Control Wardens, however, may use tranquilizer guns and
24 equipment without specific weapons authorization.
25 A person authorized to carry firearms by county ordinance
26 under this subsection must have completed the training course
27 for peace officers prescribed in the Peace Officer Firearm
28 Training Act. The cost of this training shall be paid by the
29 county.
30 (c) The sheriff and all sheriff's and his deputies and
31 municipal police officers shall cooperate with the
32 Administrator in carrying out the provisions of this Act.
33 (Source: P.A. 87-1269.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.