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| [ Senate Amendment 003 ] |
90_SB0305ham001
LRB9002359NTsbam08
1 AMENDMENT TO SENATE BILL 305
2 AMENDMENT NO. . Amend Senate Bill 305 by replacing
3 the title with the following:
4 "AN ACT concerning agriculture, amending named Acts.";
5 and
6 immediately above the beginning of Section 5, by inserting
7 the following:
8 "Section 2. The Civil Administrative Code of Illinois is
9 amended by changing Section 40.36 as follows:
10 (20 ILCS 205/40.36) (from Ch. 127, par. 40.36)
11 Sec. 40.36. To establish and administer the "Illinois
12 Product Grown" label program, whereby the Department shall
13 design and produce a label with the words "Illinois Product
14 Grown" on it which may be placed on food and agribusiness
15 commodities each container of fresh fruit, vegetables, meat
16 or other food commodity produced, processed, or packaged
17 originating in Illinois.
18 (Source: P.A. 85-1209.)
19 Section 3. The Animal Welfare Act is amended by changing
20 Sections 2 and 10 and adding Section 6.5 as follows:
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1 (225 ILCS 605/2) (from Ch. 8, par. 302)
2 Sec. 2. Definitions. As used in this Act unless the
3 context otherwise requires:
4 "Department" means the Illinois Department of
5 Agriculture.
6 "Director" means the Director of the Illinois Department
7 of Agriculture.
8 "Pet shop operator" means any person who sells, offers to
9 sell, exchange, or offers for adoption with or without charge
10 or donation dogs, cats, birds, fish, reptiles, or other
11 animals customarily obtained as pets in this State. However,
12 a person who sells only such animals that he has produced and
13 raised shall not be considered a pet shop operator under this
14 Act, and a veterinary hospital or clinic operated by a
15 veterinarian or veterinarians licensed under the Veterinary
16 Medicine and Surgery Practice Act of 1994 shall not be
17 considered a pet shop operator under this Act.
18 "Dog dealer" means any person who sells, offers to sell,
19 exchange, or offers for adoption with or without charge or
20 donation dogs in this State. However, a person who sells only
21 dogs that he has produced and raised shall not be considered
22 a dog dealer under this Act, and a veterinary hospital or
23 clinic operated by a veterinarian or veterinarians licensed
24 under the Veterinary Medicine and Surgery Practice Act of
25 1994 shall not be considered a dog dealer under this Act.
26 "Secretary of Agriculture" or "Secretary" means the
27 Secretary of Agriculture of the United States Department of
28 Agriculture.
29 "Person" means any person, firm, corporation,
30 partnership, association or other legal entity, any public or
31 private institution, the State of Illinois, or any municipal
32 corporation or political subdivision of the State.
33 "Kennel operator" means any person who operates an
34 establishment, other than an animal control facility,
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1 veterinary hospital, or animal shelter, where dogs or dogs
2 and cats are maintained for boarding, training or similar
3 purposes for a fee or compensation; or who sells, offers to
4 sell, exchange, or offers for adoption with or without charge
5 dogs or dogs and cats which he has produced and raised. A
6 person who owns, has possession of, or harbors 5 or less
7 females capable of reproduction shall not be considered a
8 kennel operator.
9 "Cattery operator" means any person who operates an
10 establishment, other than an animal control facility or
11 animal shelter, where cats are maintained for boarding,
12 training or similar purposes for a fee or compensation; or
13 who sells, offers to sell, exchange, or offers for adoption
14 with or without charges cats which he has produced and
15 raised. A person who owns, has possession of, or harbors 5
16 or less females capable of reproduction shall not be
17 considered a cattery operator.
18 "Animal control facility" means any facility operated by
19 or under contract for the State, county, or any municipal
20 corporation or political subdivision of the State for the
21 purpose of impounding or harboring seized, stray, homeless,
22 abandoned or unwanted dogs, cats, and other animals. "Animal
23 control facility" also means any veterinary hospital or
24 clinic operated by a veterinarian or veterinarians licensed
25 under the Veterinary Medicine and Surgery Practice Act of
26 1994 which operates for the above mentioned purpose in
27 addition to its customary purposes.
28 "Animal shelter" means a facility operated, owned, or
29 maintained by a duly incorporated humane society, animal
30 welfare society, or other non-profit organization for the
31 purpose of providing for and promoting the welfare,
32 protection, and humane treatment of animals. "Animal
33 shelter" also means any veterinary hospital or clinic
34 operated by a veterinarian or veterinarians licensed under
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1 the Veterinary Medicine and Surgery Practice Act of 1994
2 which operates for the above mentioned purpose in addition to
3 its customary purposes.
4 "Foster home" means an entity that accepts the
5 responsibility for stewardship of animals that are the
6 obligation of an animal shelter, not to exceed 4 animals at
7 any given time. Permits to operate as a "foster home" shall
8 be issued through the animal shelter.
9 "Guard dog service" means an entity that, for a fee,
10 furnishes or leases guard or sentry dogs for the protection
11 of life or property. A person is not a guard dog service
12 solely because he or she owns a dog and uses it to guard his
13 or her home, business, or farmland.
14 "Guard dog" means a type of dog used primarily for the
15 purpose of defending, patrolling, or protecting property or
16 life at a commercial establishment other than a farm. "Guard
17 dog" does not include stock dogs used primarily for handling
18 and controlling livestock or farm animals, nor does it
19 include personally owned pets that also provide security.
20 "Sentry dog" means a dog trained to work without
21 supervision in a fenced facility other than a farm, and to
22 deter or detain unauthorized persons found within the
23 facility.
24 (Source: P.A. 88-424; 89-178, eff. 7-19-95.)
25 (225 ILCS 605/6.5 new)
26 Sec. 6.5. Termination of application; forfeiture of
27 license fee. Failure of any applicant to meet all of the
28 requirements for compliance within 60 days of receipt of a
29 license application shall result in termination of the
30 application and forfeiture of the license fee.
31 (225 ILCS 605/10) (from Ch. 8, par. 310)
32 Sec. 10. Grounds for discipline. The Department may
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1 refuse to issue or renew or may suspend or revoke a license
2 on any one or more of the following grounds:
3 a. Material misstatement in the application for original
4 license or in the application for any renewal license under
5 this Act;
6 b. A violation of this Act or of any regulations or
7 rules issued pursuant thereto;
8 c. Aiding or abetting another in the violation of this
9 Act or of any regulation or rule issued pursuant thereto;
10 d. Allowing one's license under this Act to be used by
11 an unlicensed person;
12 e. Conviction of any crime an essential element of which
13 is misstatement, fraud or dishonesty or conviction of any
14 felony, if the Department determines, after investigation,
15 that such person has not been sufficiently rehabilitated to
16 warrant the public trust;
17 f. Conviction of a violation of any law of Illinois
18 except minor violations such as traffic violations and
19 violations not related to the disposition of dogs, cats and
20 other animals or any rule or regulation of the Department
21 relating to dogs or cats and sale thereof;
22 g. Making substantial misrepresentations or false
23 promises of a character likely to influence, persuade or
24 induce in connection with the business of a licensee under
25 this Act;
26 h. Pursuing a continued course of misrepresentation of
27 or making false promises through advertising, salesman,
28 agents or otherwise in connection with the business of a
29 licensee under this Act; or
30 i. Failure to possess the necessary qualifications or to
31 meet the requirements of the Act for the issuance or holding
32 a license; or.
33 j. Proof that the licensee is guilty of gross
34 negligence, incompetency, or cruelty with regard to animals.
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1 The Department may refuse to issue or may suspend the
2 license of any person who fails to file a return, or to pay
3 the tax, penalty or interest shown in a filed return, or to
4 pay any final assessment of tax, penalty or interest, as
5 required by any tax Act administered by the Illinois
6 Department of Revenue, until such time as the requirements of
7 any such tax Act are satisfied.
8 The Department may order any licensee to cease operation
9 for a period not to exceed 72 hours to correct deficiencies
10 in order to meet licensing requirements.
11 (Source: P.A. 89-178, eff. 7-19-95.)"; and
12 immediately below the end of Section 5, by inserting the
13 following:
14 "Section 10. The Animal Disease Laboratories Act is
15 amended by changing Section 1 as follows:
16 (510 ILCS 10/1) (from Ch. 8, par. 105.11)
17 Sec. 1. Laboratory services.
18 (a) The Department of Agriculture is authorized to
19 establish such additional number of animal disease
20 laboratories, not exceeding five, as may be necessary to
21 serve the livestock and poultry industry of the State.
22 (b) Such laboratories each shall be in charge of a
23 licensed veterinarian, who in addition to making serological
24 blood tests, shall be competent to make diagnoses of such
25 cases of livestock and poultry diseases as may be submitted
26 to such laboratories.
27 (c) The Department may enter into an arrangement with
28 the College of Veterinary Medicine of the University of
29 Illinois whereby any cases submitted to such laboratories
30 which are not susceptible of diagnosis in the field or by
31 common laboratory procedure, or upon which research is
32 required, may be submitted to such College of Veterinary
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1 Medicine for diagnosis or research.
2 (d) The Department may establish and collect reasonable
3 fees for diagnostic services performed by such animal disease
4 laboratories. However, no fees may be collected for
5 diagnostic tests required by Illinois law.
6 (e) The Department may establish and collect reasonable
7 fees for providing analyses of research samples, out-of-state
8 samples, non-agricultural samples, and survey project
9 samples. These samples shall be defined by rule. The fees
10 shall be deposited into the Illinois Department of
11 Agriculture Laboratory Services Revolving Fund. The fees
12 collected shall not exceed the Department's actual cost to
13 provide these services.
14 (f) Moneys collected under subsection (e) shall be
15 appropriated from the Illinois Department of Agriculture
16 Laboratory Services Revolving Fund solely for the purposes of
17 (1) testing specimens submitted in support of Department
18 programs established for animal health, welfare, and safety,
19 and the protection of Illinois consumers of Illinois
20 agricultural products, and (2) testing specimens submitted by
21 veterinarians and agency personnel to determine whether
22 chemically hazardous or biologically infectious substances or
23 other disease causing conditions are present.
24 (g) The Director may issue rules, consistent with the
25 provisions of this Act, for the administration and
26 enforcement of this Act. These rules shall be approved by
27 the Advisory Board of Livestock Commissioners.
28 (Source: P.A. 88-91.)
29 Section 99. Effective date. This Act takes effect July
30 1, 1997, except the changes to the Animal Disease
31 Laboratories Act take effect January 1, 1998.".