Full Text of HB6854 96th General Assembly
HB6854 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6854
Introduced 4/22/2010, by Rep. Lisa M. Dugan SYNOPSIS AS INTRODUCED: |
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225 ILCS 605/5 |
from Ch. 8, par. 305 |
225 ILCS 605/10 |
from Ch. 8, par. 310 |
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Amends the Animal Welfare Act. Removes a provision that a felony conviction
may not operate as a bar to licensing under the Act. Adds as a grounds for discipline conviction of any crime related to the disposition of dogs, cats, or other animals, or violation of any rule or regulation of the Department related to dogs or cats and their sale.
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A BILL FOR
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HB6854 |
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LRB096 22062 ASK 40485 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Animal Welfare Act is amended by changing | 5 |
| Sections 5 and 10 as follows:
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| (225 ILCS 605/5) (from Ch. 8, par. 305)
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| Sec. 5.
Applications by individuals for original licenses | 8 |
| shall be made to
the Department, shall be in writing on forms | 9 |
| prescribed by
the Department and shall be accompanied by the | 10 |
| required fee, which shall
not be returnable. Any such | 11 |
| application shall require such information
as in the judgment | 12 |
| of the Department will enable the Department to pass
on the | 13 |
| qualifications of the applicant for a license. It shall | 14 |
| include,
but need not be limited to information concerning age, | 15 |
| citizenship,
present residence, location of the business | 16 |
| licensed under this Act,
including the location of all foster | 17 |
| homes,
description of facilities to be used, present and | 18 |
| previous business
connections and experience, bank and | 19 |
| professional references, whether
any license of the applicant | 20 |
| under this Act or any federal, state,
county or local law, | 21 |
| ordinance or regulation, relating to dealing in or
handling | 22 |
| dogs or cats, ever was suspended or revoked and whether the
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| applicant ever has been convicted of a felony. Such felony |
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HB6854 |
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LRB096 22062 ASK 40485 b |
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| conviction
may be taken into consideration by the Department in | 2 |
| determining
qualifications for licensing but shall not operate | 3 |
| as a bar to
licensing .
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| (Source: P.A. 89-178, eff. 7-19-95.)
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| (225 ILCS 605/10) (from Ch. 8, par. 310)
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| Sec. 10. Grounds for discipline. The Department may refuse | 7 |
| to issue or
renew or may suspend or
revoke a license on any one | 8 |
| or more of the following grounds:
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| a. Material misstatement in the application for original | 10 |
| license or in
the application for any renewal license under | 11 |
| this Act;
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| b. A violation of this Act or of any regulations
or
rules | 13 |
| issued pursuant thereto;
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| c. Aiding or abetting another in the violation of this Act | 15 |
| or
of any regulation or rule issued pursuant thereto;
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| d. Allowing one's license under this Act to be used by an | 17 |
| unlicensed
person;
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| e. Conviction of any crime an essential element of which is
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| misstatement, fraud or dishonesty or conviction of any felony, | 20 |
| if the
Department determines, after investigation, that such | 21 |
| person has not been
sufficiently rehabilitated to warrant the | 22 |
| public trust;
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| f. Conviction of a violation of any law of Illinois except | 24 |
| minor
violations such as traffic violations and violations not | 25 |
| related to the
disposition of dogs, cats and other animals or |
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HB6854 |
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LRB096 22062 ASK 40485 b |
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| any rule or regulation of
the Department relating to dogs or | 2 |
| cats and sale thereof ;
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| g. Making substantial misrepresentations or false promises | 4 |
| of a
character likely to influence, persuade or induce in | 5 |
| connection with the
business of a licensee under this Act;
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| h. Pursuing a continued course of misrepresentation of or | 7 |
| making false
promises through advertising, salesman, agents or | 8 |
| otherwise in connection
with the business of a licensee under | 9 |
| this Act;
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| i. Failure to possess the necessary qualifications or to | 11 |
| meet the
requirements of the Act for the issuance or holding a | 12 |
| license; or
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| j. Proof that the licensee is guilty of gross negligence,
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| incompetency, or cruelty with regard to animals ; or .
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| k. Conviction of any crime related to the disposition of | 16 |
| dogs, cats, or other animals, or violation of any rule or | 17 |
| regulation of the Department related to dogs or cats and their | 18 |
| sale. | 19 |
| The Department may refuse to issue or may suspend the | 20 |
| license
of any person who fails to file a return, or to pay the | 21 |
| tax, penalty or
interest shown in a filed return, or to pay any | 22 |
| final assessment of tax,
penalty or interest, as required by | 23 |
| any tax Act administered by the
Illinois Department of Revenue, | 24 |
| until such time as the requirements of any
such tax Act are | 25 |
| satisfied.
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| The Department may order any licensee to cease operation |
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HB6854 |
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LRB096 22062 ASK 40485 b |
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| for a period not
to exceed 72 hours to correct deficiencies in | 2 |
| order to meet licensing
requirements.
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| (Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97; | 4 |
| 90-403, eff.
8-15-97.)
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