Public Act 90-0385 of the 90th General Assembly

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90th General Assembly

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Public Act 90-0385

HB0674 Enrolled                                LRB9003582SMdv

    AN ACT in relation to  governmental  functions,  amending
named Acts.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 1. The Illinois Public  Labor  Relations  Act  is
amended by changing Section 14 as follows:

    (5 ILCS 315/14) (from Ch. 48, par. 1614)
    Sec.  14.  Security  Employee,  Peace  Officer  and  Fire
Fighter Disputes.
    (a)  In  the  case  of  collective  bargaining agreements
involving units of security employees of a  public  employer,
Peace Officer Units, or units of fire fighters or paramedics,
and  in  the  case  of  disputes under Section 18, unless the
parties mutually agree to some other  time  limit,  mediation
shall  commence  30 days prior to the expiration date of such
agreement or at such later time  as  the  mediation  services
chosen  under subsection (b) of Section 12 can be provided to
the parties. In the  case  of  negotiations  for  an  initial
collective  bargaining  agreement,  mediation  shall commence
upon 15 days notice from either party or at such  later  time
as  the  mediation services chosen pursuant to subsection (b)
of Section 12 can be provided to the  parties.  In  mediation
under  this  Section,  if  either  party  requests the use of
mediation   services   from   the   Federal   Mediation   and
Conciliation Service, the other party shall  either  join  in
such  request  or  bear  the  additional  cost  of  mediation
services from another source.  The mediator shall have a duty
to  keep the Board informed on the progress of the mediation.
If any dispute has not been resolved within 15 days after the
first meeting of the parties and the mediator, or within such
other time limit as  may  be  mutually  agreed  upon  by  the
parties,  either the exclusive representative or employer may
request of the other,  in  writing,  arbitration,  and  shall
submit a copy of the request to the Board.
    (b)  Within  10 days after such a request for arbitration
has been made, the employer shall choose a delegate  and  the
employees'  exclusive  representative shall choose a delegate
to a panel of arbitration as provided in this  Section.   The
employer  and  employees shall forthwith advise the other and
the Board of their selections.
    (c)  Within 7 days of the request of  either  party,  the
Board  shall select from the Public Employees Labor Mediation
Roster 7 persons who are on the labor arbitration  panels  of
either  the  American  Arbitration Association or the Federal
Mediation and Conciliation Service, or who are members of the
National Academy of Arbitrators, as  nominees  for  impartial
arbitrator  of the arbitration panel.  The parties may select
an individual on the list provided by the Board or any  other
individual  mutually  agreed  upon  by the parties.  Within 7
days following the receipt of the  list,  the  parties  shall
notify  the  Board  of the person they have selected.  Unless
the parties agree on an alternate selection  procedure,  they
shall alternatively strike one name from the list provided by
the  Board  until  only  one name remains.  A coin toss shall
determine which party shall strike the first  name.   If  the
parties  fail to notify the Board in a timely manner of their
selection for neutral chairman, the  Board  shall  appoint  a
neutral   chairman   from   the   Illinois  Public  Employees
Mediation/Arbitration Roster.
    (d)  The chairman shall call a hearing to begin within 15
days and give reasonable notice of the time and place of  the
hearing.   The  hearing  shall  be held at the offices of the
Board  or  at  such  other  location  as  the   Board   deems
appropriate.  The chairman shall preside over the hearing and
shall  take  testimony.  Any oral or documentary evidence and
other data deemed relevant by the arbitration  panel  may  be
received  in  evidence.   The  proceedings shall be informal.
Technical  rules  of  evidence  shall  not  apply   and   the
competency  of  the  evidence  shall  not  thereby  be deemed
impaired.  A verbatim record of the proceedings shall be made
and the arbitrator shall arrange for the necessary  recording
service.   Transcripts  may  be ordered at the expense of the
party  ordering  them,  but  the  transcripts  shall  not  be
necessary for a  decision  by  the  arbitration  panel.   The
expense of the proceedings, including a fee for the chairman,
established  in  advance by the Board, shall be borne equally
by each of the parties to the dispute.    The  delegates,  if
public  officers  or employees, shall continue on the payroll
of the public employer without  loss  of  pay.   The  hearing
conducted by the arbitration panel may be adjourned from time
to time, but unless otherwise agreed by the parties, shall be
concluded  within  30  days  of the time of its commencement.
Majority actions and rulings shall constitute the actions and
rulings of the arbitration  panel.   Arbitration  proceedings
under  this Section shall not be interrupted or terminated by
reason of any unfair labor practice charge  filed  by  either
party at any time.
    (e)  The  arbitration panel may administer oaths, require
the attendance of  witnesses,  and  the  production  of  such
books,  papers, contracts, agreements and documents as may be
deemed by it material to a just determination of  the  issues
in dispute, and for such purpose may issue subpoenas.  If any
person  refuses to obey a subpoena, or refuses to be sworn or
to testify, or if any witness, party or attorney is guilty of
any  contempt  while  in  attendance  at  any  hearing,   the
arbitration  panel  may, or the attorney general if requested
shall, invoke  the  aid  of  any  circuit  court  within  the
jurisdiction  in which the hearing is being held, which court
shall issue an appropriate order.  Any failure  to  obey  the
order may be punished by the court as contempt.
    (f)  At  any  time  before the rendering of an award, the
chairman of the arbitration panel, if he is  of  the  opinion
that  it  would  be useful or beneficial to do so, may remand
the dispute to the parties for further collective  bargaining
for  a  period  not  to  exceed  2  weeks.  If the dispute is
remanded  for  further   collective   bargaining   the   time
provisions  of  this  Act shall be extended for a time period
equal to that of the remand.  The chairman of  the  panel  of
arbitration shall notify the Board of the remand.
    (g)  At  or  before  the  conclusion  of the hearing held
pursuant to  subsection  (d),  the  arbitration  panel  shall
identify  the  economic issues in dispute, and direct each of
the parties to submit, within such time limit  as  the  panel
shall  prescribe,  to the arbitration panel and to each other
its last offer of settlement on  each  economic  issue.   The
determination  of  the  arbitration panel as to the issues in
dispute and as to which of these issues are economic shall be
conclusive.  The arbitration panel, within 30 days after  the
conclusion of the hearing, or such further additional periods
to  which  the parties may agree, shall make written findings
of fact and promulgate a written opinion and  shall  mail  or
otherwise  deliver  a  true  copy  thereof to the parties and
their representatives and to the Board.  As to each  economic
issue,  the  arbitration  panel shall adopt the last offer of
settlement which, in the opinion of  the  arbitration  panel,
more  nearly  complies with the applicable factors prescribed
in subsection (h).  The findings, opinions and  order  as  to
all  other  issues shall be based upon the applicable factors
prescribed in subsection (h).
    (h)  Where there is no agreement between the parties,  or
where  there  is  an  agreement  but  the  parties have begun
negotiations or discussions looking to  a  new  agreement  or
amendment  of the existing agreement, and wage rates or other
conditions of employment under the proposed  new  or  amended
agreement  are  in  dispute, the arbitration panel shall base
its findings, opinions and order upon the following  factors,
as applicable:
         (1)  The lawful authority of the employer.
         (2)  Stipulations of the parties.
         (3)  The interests and welfare of the public and the
    financial ability of the unit of government to meet those
    costs.
         (4)  Comparison  of  the wages, hours and conditions
    of  employment  of  the   employees   involved   in   the
    arbitration   proceeding   with   the  wages,  hours  and
    conditions of employment of  other  employees  performing
    similar services and with other employees generally:
              (A)  In   public   employment   in   comparable
         communities.
              (B)  In   private   employment   in  comparable
         communities.
         (5)  The  average  consumer  prices  for  goods  and
    services, commonly known as the cost of living.
         (6)  The overall compensation presently received  by
    the   employees,   including  direct  wage  compensation,
    vacations, holidays and other excused time, insurance and
    pensions,  medical  and  hospitalization  benefits,   the
    continuity  and  stability  of  employment  and all other
    benefits received.
         (7)  Changes in any of the  foregoing  circumstances
    during the pendency of the arbitration proceedings.
         (8)  Such   other   factors,  not  confined  to  the
    foregoing, which are normally or traditionally taken into
    consideration in the determination of  wages,  hours  and
    conditions  of  employment  through  voluntary collective
    bargaining,  mediation,  fact-finding,   arbitration   or
    otherwise  between  the parties, in the public service or
    in private employment.
    (i)  In the  case  of  peace  officers,  the  arbitration
decision  shall be limited to wages, hours, and conditions of
employment  (which  may  include  residency  requirements  in
municipalities with a population under 1,000,000,  but  those
residency  requirements  shall not allow residency outside of
Illinois) and shall not include the following:  i)  residency
requirements  in municipalities with a population of at least
1,000,000; ii) the type of equipment,  other  than  uniforms,
issued  or  used;  iii)  manning;  iv)  the  total  number of
employees employed by  the  department;  v)  mutual  aid  and
assistance  agreements  to other units of government; and vi)
the criterion  pursuant  to  which  force,  including  deadly
force,  can  be used; provided, nothing herein shall preclude
an arbitration decision regarding equipment or manning levels
if such decision is based on a finding that the equipment  or
manning  considerations in a specific work assignment involve
a serious risk to the safety of a peace officer  beyond  that
which is inherent in the normal performance of police duties.
Limitation  of the terms of the arbitration decision pursuant
to this subsection  shall  not  be  construed  to  limit  the
factors upon which the decision may be based, as set forth in
subsection (h).
    In  the case of fire fighter, and fire department or fire
district paramedic matters, the arbitration decision shall be
limited to wages, hours, and conditions of employment  (which
may  include  residency requirements in municipalities with a
population under 1,000,000, but those residency  requirements
shall  not allow residency outside of Illinois) and shall not
include the following matters: i) residency  requirements  in
municipalities  with  a population of at least 1,000,000; ii)
the type of equipment (other than  uniforms and fire  fighter
turnout  gear)  issued  or  used;  iii)  the  total number of
employees employed by the  department;  iv)  mutual  aid  and
assistance  agreements  to  other units of government; and v)
the criterion  pursuant  to  which  force,  including  deadly
force,  can  be used; provided, however, nothing herein shall
preclude an arbitration decision regarding  equipment  levels
if  such  decision  is  based on a finding that the equipment
considerations  in  a  specific  work  assignment  involve  a
serious risk to the safety of  a  fire  fighter  beyond  that
which  is  inherent in the normal performance of fire fighter
duties.  Limitation of the terms of the arbitration  decision
pursuant  to  this subsection shall not be construed to limit
the facts upon which the decision may be based, as set  forth
in subsection (h).
    The   changes   to  this  subsection  (i)  made  by  this
amendatory Act of 1997 (relating to  residency  requirements)
do  not  apply  to  persons  who  are  employed by a combined
department  that  performs  both  police   and   firefighting
services;  these  persons shall be governed by the provisions
of this subsection (i) relating to peace  officers,  as  they
existed before the amendment by this amendatory Act of 1997.
    To preserve historical bargaining rights, this subsection
shall not apply to any provision of a fire fighter collective
bargaining   agreement   in  effect  and  applicable  on  the
effective date of this Act; provided, however, nothing herein
shall  preclude  arbitration  with  respect   to   any   such
provision.
    (j)  Arbitration   procedures   shall  be  deemed  to  be
initiated by the filing of a letter requesting  mediation  as
required   under   subsection   (a)  of  this  Section.   The
commencement  of  a  new  municipal  fiscal  year  after  the
initiation of arbitration  procedures  under  this  Act,  but
before  the  arbitration  decision, or its enforcement, shall
not be deemed to render  a  dispute  moot,  or  to  otherwise
impair the jurisdiction or authority of the arbitration panel
or  its decision.  Increases in rates of compensation awarded
by the arbitration panel may be effective only at  the  start
of  the  fiscal  year  next  commencing after the date of the
arbitration award.  If a new fiscal year has commenced either
since the initiation of arbitration procedures under this Act
or since any mutually agreed  extension  of  the  statutorily
required period of mediation under this Act by the parties to
the  labor  dispute  causing  a  delay  in  the initiation of
arbitration, the foregoing limitations shall be inapplicable,
and  such  awarded  increases  may  be  retroactive  to   the
commencement of the fiscal year, any other statute or charter
provisions  to the contrary, notwithstanding. At any time the
parties, by stipulation, may amend  or  modify  an  award  of
arbitration.
    (k)  Orders of the arbitration panel shall be reviewable,
upon  appropriate  petition  by either the public employer or
the exclusive bargaining representative, by the circuit court
for the county in which the  dispute  arose  or  in  which  a
majority  of  the  affected  employees  reside,  but only for
reasons that the arbitration panel was  without  or  exceeded
its   statutory   authority;   the  order  is  arbitrary,  or
capricious; or the order was procured by fraud, collusion  or
other  similar and unlawful means.  Such petitions for review
must be filed with the appropriate circuit  court  within  90
days  following  the  issuance of the arbitration order.  The
pendency  of   such   proceeding   for   review   shall   not
automatically  stay  the order of the arbitration panel.  The
party against whom the final decision of any such court shall
be adverse, if such court finds such appeal or petition to be
frivolous, shall pay reasonable attorneys' fees and costs  to
the  successful  party  as  determined  by  said court in its
discretion. If said court's decision  affirms  the  award  of
money, such award, if retroactive, shall bear interest at the
rate  of  12 percent per annum from the effective retroactive
date.
    (l)  During  the  pendency  of  proceedings  before   the
arbitration   panel,   existing   wages,   hours,  and  other
conditions of employment shall not be changed  by  action  of
either party without the consent of the other but a party may
so  consent without prejudice to his rights or position under
this Act.  The proceedings are deemed to  be  pending  before
the  arbitration  panel  upon  the  initiation of arbitration
procedures under this Act.
    (m)  Security officers of  public  employers,  and  Peace
Officers,   Fire   Fighters  and  fire  department  and  fire
protection district paramedics, covered by this  Section  may
not  withhold  services, nor may public employers lock out or
prevent such employees from performing services at any time.
    (n)  All of the terms decided  upon  by  the  arbitration
panel  shall  be  included in an agreement to be submitted to
the public employer's governing  body  for  ratification  and
adoption  by  law,  ordinance  or  the equivalent appropriate
means.
    The governing body shall review each term decided by  the
arbitration panel.  If the governing body fails to reject one
or  more   terms of the arbitration panel's decision by a 3/5
vote of those duly  elected  and  qualified  members  of  the
governing body, within 20 days of issuance, or in the case of
firefighters  employed  by  a  state  university, at the next
regularly scheduled  meeting  of  the  governing  body  after
issuance,  such  term  or  terms  shall  become a part of the
collective bargaining  agreement  of  the  parties.   If  the
governing body affirmatively rejects one or more terms of the
arbitration  panel's  decision,  it  must provide reasons for
such rejection with respect to each term so rejected,  within
20 days of such rejection and the parties shall return to the
arbitration  panel  for further proceedings and issuance of a
supplemental decision with respect  to  the  rejected  terms.
Any  supplemental  decision  by an arbitration panel or other
decision maker agreed to by the parties shall be submitted to
the  governing  body  for  ratification   and   adoption   in
accordance  with  the  procedures and voting requirements set
forth in  this  Section.  The  voting  requirements  of  this
subsection   shall   apply   to  all  disputes  submitted  to
arbitration pursuant  to  this  Section  notwithstanding  any
contrary   voting  requirements  contained  in  any  existing
collective bargaining agreement between the parties.
    (o)  If the governing  body  of  the  employer  votes  to
reject  the panel's decision, the parties shall return to the
panel within 30 days from the issuance  of  the  reasons  for
rejection   for   further   proceedings  and  issuance  of  a
supplemental  decision.   All  reasonable   costs   of   such
supplemental     proceeding     including    the    exclusive
representative's reasonable attorney's fees,  as  established
by the Board, shall be paid by the employer.
    (p)  Notwithstanding  the  provisions of this Section the
employer and exclusive representative  may  agree  to  submit
unresolved   disputes  concerning  wages,  hours,  terms  and
conditions of employment to an alternative  form  of  impasse
resolution.
(Source: P.A. 89-195, eff. 7-21-95.)

    Section  2.  The Civil Administrative Code of Illinois is
amended by changing Section 40.36 as follows:

    (20 ILCS 205/40.36) (from Ch. 127, par. 40.36)
    Sec. 40.36.  To establish and  administer  the  "Illinois
Product  Grown"  label  program, whereby the Department shall
design and produce a label with the words  "Illinois  Product
Grown"  on  it  which  may be placed on food and agribusiness
commodities each container of fresh fruit,  vegetables,  meat
or  other  food  commodity  produced,  processed, or packaged
originating in Illinois.
(Source: P.A. 85-1209.)

    Section 3.  The Animal Welfare Act is amended by changing
Sections 2 and 10 and adding Section 6.5 as follows:

    (225 ILCS 605/2) (from Ch. 8, par. 302)
    Sec. 2.  Definitions. As used  in  this  Act  unless  the
context otherwise requires:
    "Department"    means    the   Illinois   Department   of
Agriculture.
    "Director" means the Director of the Illinois  Department
of Agriculture.
    "Pet shop operator" means any person who sells, offers to
sell, exchange, or offers for adoption with or without charge
or  donation  dogs,  cats,  birds,  fish,  reptiles, or other
animals customarily obtained as pets in this State.  However,
a person who sells only such animals that he has produced and
raised shall not be considered a pet shop operator under this
Act, and a  veterinary  hospital  or  clinic  operated  by  a
veterinarian  or  veterinarians licensed under the Veterinary
Medicine and Surgery  Practice  Act  of  1994  shall  not  be
considered a pet shop operator under this Act.
    "Dog  dealer" means any person who sells, offers to sell,
exchange, or offers for adoption with or  without  charge  or
donation dogs in this State. However, a person who sells only
dogs  that he has produced and raised shall not be considered
a dog dealer under this Act, and  a  veterinary  hospital  or
clinic  operated  by a veterinarian or veterinarians licensed
under the Veterinary Medicine and  Surgery  Practice  Act  of
1994 shall not be considered a dog dealer under this Act.
    "Secretary  of  Agriculture"  or  "Secretary"  means  the
Secretary  of  Agriculture of the United States Department of
Agriculture.
    "Person"   means   any   person,    firm,    corporation,
partnership, association or other legal entity, any public or
private  institution, the State of Illinois, or any municipal
corporation or political subdivision of the State.
    "Kennel  operator"  means  any  person  who  operates  an
establishment,  other  than  an  animal   control   facility,
veterinary  hospital,  or  animal shelter, where dogs or dogs
and cats are maintained for  boarding,  training  or  similar
purposes  for  a fee or compensation; or who sells, offers to
sell, exchange, or offers for adoption with or without charge
dogs or dogs and cats which he has produced  and  raised.   A
person  who  owns,  has  possession  of, or harbors 5 or less
females capable of reproduction shall  not  be  considered  a
kennel operator.
    "Cattery  operator"  means  any  person  who  operates an
establishment, other  than  an  animal  control  facility  or
animal  shelter,  where  cats  are  maintained  for boarding,
training or similar purposes for a fee  or  compensation;  or
who  sells,  offers to sell, exchange, or offers for adoption
with or without  charges  cats  which  he  has  produced  and
raised.   A  person who owns, has possession of, or harbors 5
or  less  females  capable  of  reproduction  shall  not   be
considered a cattery operator.
    "Animal  control facility" means any facility operated by
or under contract for the State,  county,  or  any  municipal
corporation  or  political  subdivision  of the State for the
purpose of impounding or harboring seized,  stray,  homeless,
abandoned or unwanted dogs, cats, and other animals.  "Animal
control  facility"  also  means  any  veterinary  hospital or
clinic operated by a veterinarian or  veterinarians  licensed
under  the  Veterinary  Medicine  and Surgery Practice Act of
1994 which  operates  for  the  above  mentioned  purpose  in
addition to its customary purposes.
    "Animal  shelter"  means  a  facility operated, owned, or
maintained by a  duly  incorporated  humane  society,  animal
welfare  society,  or  other  non-profit organization for the
purpose  of  providing  for  and   promoting   the   welfare,
protection,   and   humane  treatment  of  animals.   "Animal
shelter"  also  means  any  veterinary  hospital  or   clinic
operated  by  a  veterinarian or veterinarians licensed under
the Veterinary Medicine and  Surgery  Practice  Act  of  1994
which operates for the above mentioned purpose in addition to
its customary purposes.
    "Foster   home"   means   an   entity  that  accepts  the
responsibility  for  stewardship  of  animals  that  are  the
obligation of an animal shelter, not to exceed 4  animals  at
any  given time.  Permits to operate as a "foster home" shall
be issued through the animal shelter.
    "Guard dog service" means an  entity  that,  for  a  fee,
furnishes  or  leases guard or sentry dogs for the protection
of life or property.  A person is not  a  guard  dog  service
solely  because he or she owns a dog and uses it to guard his
or her home, business, or farmland.
    "Guard dog" means a type of dog used  primarily  for  the
purpose  of  defending, patrolling, or protecting property or
life at a commercial establishment other than a farm.  "Guard
dog" does not include stock dogs used primarily for  handling
and  controlling  livestock  or  farm  animals,  nor  does it
include personally owned pets that also provide security.
    "Sentry  dog"  means  a  dog  trained  to  work   without
supervision  in  a  fenced facility other than a farm, and to
deter  or  detain  unauthorized  persons  found  within   the
facility.
(Source: P.A. 88-424; 89-178, eff. 7-19-95.)

    (225 ILCS 605/6.5 new)
    Sec.  6.5.  Termination  of  application;  forfeiture  of
license  fee.   Failure  of  any applicant to meet all of the
requirements for compliance within 60 days of  receipt  of  a
license  application  shall  result  in  termination  of  the
application and forfeiture of the license fee.

    (225 ILCS 605/10) (from Ch. 8, par. 310)
    Sec.  10.  Grounds  for  discipline.   The Department may
refuse to issue or renew or may suspend or revoke  a  license
on any one or more of the following grounds:
    a.  Material misstatement in the application for original
license  or  in the application for any renewal license under
this Act;
    b.  A violation of this Act  or  of  any  regulations  or
rules issued pursuant thereto;
    c.   Aiding  or abetting another in the violation of this
Act or of any regulation or rule issued pursuant thereto;
    d.  Allowing one's license under this Act to be  used  by
an unlicensed person;
    e.  Conviction of any crime an essential element of which
is  misstatement,  fraud  or  dishonesty or conviction of any
felony, if the Department  determines,  after  investigation,
that  such  person has not been sufficiently rehabilitated to
warrant the public trust;
    f.  Conviction of a violation  of  any  law  of  Illinois
except  minor  violations  such  as  traffic  violations  and
violations  not  related to the disposition of dogs, cats and
other animals or any rule or  regulation  of  the  Department
relating to dogs or cats and sale thereof;
    g.  Making   substantial   misrepresentations   or  false
promises of a character  likely  to  influence,  persuade  or
induce  in  connection  with the business of a licensee under
this Act;
    h.  Pursuing a continued course of  misrepresentation  of
or  making  false  promises  through  advertising,  salesman,
agents  or  otherwise  in  connection  with the business of a
licensee under this Act; or
    i.  Failure to possess the necessary qualifications or to
meet the requirements of the Act for the issuance or  holding
a license; or.
    j.  Proof   that   the   licensee   is  guilty  of  gross
negligence, incompetency, or cruelty with regard to animals.
    The Department may refuse to issue  or  may  suspend  the
license  of  any person who fails to file a return, or to pay
the tax, penalty or interest shown in a filed return,  or  to
pay  any  final  assessment  of  tax, penalty or interest, as
required  by  any  tax  Act  administered  by  the   Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
    The  Department may order any licensee to cease operation
for a period not to exceed 72 hours to  correct  deficiencies
in order to meet licensing requirements.
(Source: P.A. 89-178, eff. 7-19-95.)

    Section 5.  The Animal Control Act is amended by changing
Section 5 as follows:

    (510 ILCS 5/5) (from Ch. 8, par. 355)
    Sec. 5. Duties and powers.
    (a)  It  shall  be the duty of the Administrator, through
education, rabies inoculation,  stray  control,  impoundment,
quarantine,  and any other means deemed necessary, to control
and prevent the spread of rabies in  his  county.   It  shall
also  be  the  duty  of  the Administrator to investigate and
substantiate all claims made under Section 19 of this Act.
    (b)  Counties may by ordinance determine  the  extent  of
the police powers that may be exercised by the Administrator,
Deputy  Administrators,  and  Animal  Control  Wardens, which
powers shall pertain only to this  Act.   The  Administrator,
Deputy  Administrators,  and Animal Control Wardens may issue
and serve shall not have the power of police officers  except
for  the purposes of issuing and serving citations and orders
for  violations  of  this  Act.   The  Administrator,  Deputy
Administrators, and Animal Control Wardens may not carry  are
prohibited  from  carrying  weapons  unless  they  have  been
specifically authorized to carry weapons by county ordinance.
Animal  Control  Wardens,  however, may use tranquilizer guns
and equipment without specific weapons authorization.
    A person authorized to carry firearms by county ordinance
under this subsection must have completed the training course
for peace officers prescribed in the  Peace  Officer  Firearm
Training Act.  The cost of this training shall be paid by the
county.
    (c)  The  sheriff  and all sheriff's and his deputies and
municipal  police   officers   shall   cooperate   with   the
Administrator in carrying out the provisions of this Act.
(Source: P.A. 87-1269.)

    Section 10.  The Illinois Diseased Animals Act is amended
by changing Sections 1, 3, 19, 22, and 24 as follows:

    (510 ILCS 50/1) (from Ch. 8, par. 168)
    Sec. 1. For the purposes of this Act:
    "Department"  means  the Department of Agriculture of the
State of Illinois.
    "Director" means the Director of the Illinois  Department
of Agriculture, or his duly appointed representative.
    "Contagious  or  infectious  disease"  means  a  specific
disease   designated  by  the  Department  as  contagious  or
infectious under rules pertaining to this Act.
    "Reportable disease" means a specific disease  designated
by  the  Department  as  reportable under rules pertaining to
this Act.
    "Infectious disease" means the  reaction  resulting  from
the    introduction    into    the   body   of   a   specific
disease-producing organism or its toxic product.
    "Contagious disease" means a specific infectious  disease
which  is  readily  transmitted  from  host to host by direct
contact or by means of an intermediate host.
    "Animals"  means  domestic  animals,  poultry,  and  wild
animals in captivity.
(Source: P.A. 81-196.)

    (510 ILCS 50/3) (from Ch. 8, par. 170)
    Sec. 3. Upon its becoming known to  the  Department  that
any  animals  are  infected,  or suspected of being infected,
with any contagious or  infectious  disease,  the  Department
shall  have the authority to cause proper examination thereof
to be made;  and  if  such  disease  is  found  to  be  of  a
dangerously  contagious  or  dangerously  infectious  nature,
shall  order  such  diseased  animals  and  such as have been
exposed to such disease, and the premises in or on which they
are, or  have  recently  occupied,  to  be  quarantined.  The
Department may, in connection with any such quarantine, order
that  no  animal which has been or is so diseased, or exposed
to  such  disease,  may  be  removed  from  the  premises  so
quarantined and that no animal susceptible  to  such  disease
may be brought therein or thereon, except under such rules as
the Department may prescribe.
(Source: Laws 1961, p. 3164.)

    (510 ILCS 50/19) (from Ch. 8, par. 186)
    Sec.  19.  Any railroad, truck, steamboat, transportation
or stockyard company  violating  any  of  the  provisions  of
Section 18, or any of the rules of the Department referred to
therein,  shall  be guilty of a business offense and shall be
fined in any sum not exceeding one thousand dollars  ($1,000)
for each offense.
(Source: P.A. 77-2679.)
    (510 ILCS 50/22) (from Ch. 8, par. 189)
    Sec.  22.  Any  veterinarian  having  information  of the
existence of any reportable contagious or infectious  disease
among  animals  in  this  State, who fails to promptly report
such knowledge to  the  Department,  shall  be  guilty  of  a
business  offense and shall be fined in any sum not exceeding
$1,000 for each offense Class A misdemeanor.
(Source: P.A. 77-2679.)

    (510 ILCS 50/24) (from Ch. 8, par. 191)
    Sec. 24. Any owner or person having charge of any  animal
swine  and  having  knowledge  of,  or  reasonable grounds to
suspect the existence among them of,  the  disease  known  as
"hog  cholera,"  or  of  any  other  contagious or infectious
disease and who does not use reasonable means to prevent  the
spread  of  such  disease;  or  who conveys upon or along any
public highway or other public grounds or any private  lands,
any diseased animal swine, or animal swine known to have died
of,  or  been  slaughtered  on  account of, any contagious or
infectious disease, shall be liable in damages to the  person
or persons who may have suffered loss on account thereof.
(Source: Laws 1943, vol. 1, p. 24.)

    Section  15.   The  Illinois  Swine  Disease  Control and
Eradication Act is amended by changing Section 3 as follows:

    (510 ILCS 100/3) (from Ch. 8, par. 503)
    Sec. 3.  It is the duty of the  owner  or  person  having
charge  of  any  swine  and having knowledge of or reasonable
grounds to suspect the existence  among  such  swine  of  any
contagious  or infectious disease, as defined in Section 1 of
the Illinois Diseased Animals  Act,  to  use  all  reasonable
means  to  prevent  the  spread  of  the  disease.  When such
knowledge comes to such person that any swine had died of, or
had been slaughtered on account of any such  disease,  it  is
such  person's  duty  to immediately dispose of such swine as
provided in "An Act in  relation  to  the  disposal  of  dead
animals",  approved  July  16,  1941,  as  now  or  hereafter
amended.
(Source: P.A. 86-231.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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