(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 at retail to the public. 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 2004 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 2004
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.
"Boarding" means a time frame greater than 12 hours or an overnight period during which an animal is kept by a kennel operator. "Cat breeder" means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge cats that he or she 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 cat breeder. "Dog breeder" means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge dogs that 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 dog breeder.
"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 2004 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 having tax-exempt status under Section 501(c)(3) of the Internal Revenue Code for the purpose of providing for and promoting the welfare,
protection, and humane treatment of animals. An organization that does not have its own building that maintains animals solely in foster homes or other licensees is an "animal shelter" for purposes of this Act. "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 2004 which
operates for the above mentioned purpose in addition to its customary purposes.
"Day care operator" means a person who operates an establishment, other than an animal control facility, veterinary hospital, or animal shelter, where dogs or dogs and cats are kept for a period of time not exceeding 12 hours. "Foster home" means an entity that accepts the responsibility for
stewardship of animals that are the obligation of an animal shelter or animal control facility, not to
exceed 4 foster animals or 2 litters under 8 weeks of age at any given time. A written agreement to operate as a "foster home"
shall be contracted with the animal shelter or animal control facility.
"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.
"Return" in return to field or trap, neuter, return program means to return the cat to field after it has been sterilized and vaccinated for rabies. "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.
"Probationary status" means the 12-month period following a series of violations of this Act during which any further violation shall result in an automatic 12-month suspension of licensure.
"Owner" means any person having a right of property in an animal, who keeps or harbors an animal, who has an animal in his or her care or acts as its custodian, or who knowingly permits a dog to remain on any premises occupied by him or her. "Owner" does not include a feral cat caretaker participating in a trap, spay/neuter, vaccinate for rabies, and return program. "Offer for sale" means to sell, exchange for consideration, offer for adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of animals. (Source: P.A. 101-81, eff. 7-12-19; 101-295, eff. 8-9-19; 102-586, eff. 2-23-22.)
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(225 ILCS 605/3.3) (Text of Section before amendment by P.A. 103-678) Sec. 3.3. Adoption of dogs and cats. (a) An animal shelter or animal control facility shall not adopt out any dog or adopt out or return to field any cat unless it has been sterilized and microchipped. However, an animal shelter or animal control facility may adopt out a dog or cat that has not been sterilized and microchipped if the adopting owner has executed a written agreement to have sterilizing and microchipping procedures performed within 14 days after a licensed veterinarian certifies the dog or cat is healthy enough for sterilizing and microchipping procedures and a licensed veterinarian has certified that the dog or cat is too sick or injured to be sterilized or it would be detrimental to the health of the dog or cat to be sterilized or microchipped at the time of the adoption. (b) An animal shelter or animal control facility may adopt out any dog or cat that is not free of disease, injury, or abnormality if the disease, injury, or abnormality is disclosed in writing to the adopter, and the animal shelter or animal control facility allows the adopter to return the animal to the animal shelter or animal control facility. (c) The requirements of subsections (a) and (b) of this Section do not apply to adoptions subject to Section 11 of the Animal Control Act. (d) An animal shelter or animal control facility shall waive the adoption fee for a dog or cat if the person adopting the dog or cat: (1) presents to the animal shelter or animal control |
| facility a current and valid Illinois driver's license with the word "veteran" printed on its face, a current and valid Illinois Identification Card with the word "veteran" printed on its face, or an identification card issued under the federal Veterans Identification Card Act of 2015 and a valid Illinois driver's license or valid Illinois Identification Card; and
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(2) complies with the adoption policies of the animal
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| shelter or animal control facility.
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(e) An animal shelter or animal control facility may limit the number of dogs or cats adopted from that animal shelter or animal control facility pursuant to this Section to one dog or cat each in a 2-year period.
(Source: P.A. 102-558, eff. 8-20-21; 103-434, eff. 1-1-24.)
(Text of Section after amendment by P.A. 103-678)
Sec. 3.3. Adoption of dogs and cats.
(a) An animal shelter or animal control facility shall not adopt out any dog or adopt out or return to field any cat unless it has been sterilized and microchipped. However, an animal shelter or animal control facility may adopt out a dog or cat that has not been sterilized and microchipped if the adopting owner has executed a written agreement to have sterilizing and microchipping procedures performed within 14 days after a licensed veterinarian certifies the dog or cat is healthy enough for sterilizing and microchipping procedures and a licensed veterinarian has certified that the dog or cat is too sick or injured to be sterilized or it would be detrimental to the health of the dog or cat to be sterilized or microchipped at the time of the adoption.
(b) An animal shelter or animal control facility may adopt out any dog or cat that is not free of disease, injury, or abnormality if the disease, injury, or abnormality is disclosed in writing to the adopter, and the animal shelter or animal control facility allows the adopter to return the animal to the animal shelter or animal control facility.
(c) The requirements of subsections (a) and (b) of this Section do not apply to adoptions subject to Section 11 of the Animal Control Act.
(d) An animal shelter or animal control facility may waive the adoption fee for a dog or cat if the person adopting the dog or cat:
(1) presents to the animal shelter or animal control
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| facility a current and valid Illinois driver's license with the word "veteran" printed on its face, a current and valid Illinois Identification Card with the word "veteran" printed on its face, or an identification card issued under the federal Veterans Identification Card Act of 2015 and a valid Illinois driver's license or valid Illinois Identification Card; and
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(2) complies with the adoption policies of the animal
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| shelter or animal control facility.
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(e) An animal shelter or animal control facility may limit the number of dogs or cats adopted from that animal shelter or animal control facility pursuant to this Section to one dog or cat each in a 2-year period.
(Source: P.A. 102-558, eff. 8-20-21; 103-434, eff. 1-1-24; 103-678, eff. 1-1-25.)
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(225 ILCS 605/3.5) Sec. 3.5. Information on dogs and cats available for adoption by an animal shelter or animal control facility. (a) An animal shelter or animal control facility must provide to the adopter prior to the time of adoption the following information, to the best of its knowledge, on any dog or cat being offered for adoption: (1) The breed, age, date of birth, sex, and color of |
| the dog or cat if known, or if unknown, the animal shelter or animal control facility shall estimate to the best of its ability.
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(2) The details of any inoculation or medical
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| treatment that the dog or cat received while under the possession of the animal shelter or animal control facility.
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(3) The adoption fee and any additional fees or
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(4) If the dog or cat was returned by an adopter,
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| then the date and reason for the return.
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(5) The following written statement: "A copy of our
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| policy regarding warranties, refunds, or returns is available upon request.".
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(6) The license number of the animal shelter or
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| animal control facility issued by the Illinois Department of Agriculture.
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(b) The information required in subsection (a) shall be provided to the adopter in written form by the animal shelter or animal control facility and shall have an acknowledgement of disclosures form, which must be signed by the adopter and an authorized representative of the animal shelter or animal control facility at the time of the adoption. The acknowledgement of disclosures form shall include the following:
(1) A blank space for the dated signature and printed
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| name of the authorized representative handling the adoption on behalf of the animal shelter or animal control facility, which shall be immediately beneath the following printed statement: "I hereby attest that all of the above information is true and correct to the best of my knowledge.".
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(2) A blank space for the dated signature and printed
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| name of the adopter, which shall be immediately beneath the following statement: "I hereby attest that this disclosure was posted on or near the cage of the dog or cat for adoption and that I have read all the disclosures. I further understand that I am entitled to keep a signed copy of this disclosure.".
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(c) A copy of the disclosures and the signed acknowledgement of disclosures form shall be provided to the adopter and the original copy shall be maintained by the animal shelter or animal control facility for a period of 2 years from the date of adoption. A copy of the animal shelter's or animal control facility's policy regarding warranties, refunds, or returns shall be provided to the adopter.
(d) An animal shelter or animal control facility shall post in a conspicuous place in writing on or near the cage of any dog or cat available for adoption the information required by subsection (a) of this Section 3.5.
(Source: P.A. 96-1470, eff. 1-1-11.)
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(225 ILCS 605/3.6) Sec. 3.6. Acceptance of stray dogs and cats. (a) No animal shelter may accept a stray dog or cat unless the animal is reported by the shelter to the animal control or law enforcement of the county in which the animal is found by the next business day. An animal shelter may accept animals from: (1) the owner of the animal where the owner signs a relinquishment form which states he or she is the owner of the animal; (2) an animal shelter licensed under this Act; or (3) an out-of-state animal control facility, rescue group, or animal shelter that is duly licensed in their state or is a not-for-profit organization. (b) When stray dogs and cats are accepted by an animal shelter, they must be scanned for the presence of a microchip and examined for other currently-acceptable methods of identification, including, but not limited to, identification tags, tattoos, and rabies license tags. The examination for identification shall be done within 24 hours after the intake of each dog or cat. The animal shelter shall notify the owner and transfer any dog with an identified owner to the animal control or law enforcement agency in the jurisdiction in which it was found or the local animal control agency for redemption. (c) If no transfer can occur, the animal shelter shall make every reasonable attempt to contact the owner, agent, or caretaker as soon as possible. The animal shelter shall give notice of not less than 7 business days to the owner, agent, or caretaker prior to disposal of the animal. The notice shall be mailed to the last known address of the owner, agent, or caretaker. Testimony of the animal shelter, or its authorized agent, who mails the notice shall be evidence of the receipt of the notice by the owner, agent, or caretaker of the animal. A mailed notice shall remain the primary means of owner, agent, or caretaker contact; however, the animal shelter shall also attempt to contact the owner, agent, or caretaker by any other contact information, such as by telephone or email address, provided by the microchip or other method of identification found on the dog or cat. If the dog or cat has been microchipped and the primary contact listed by the chip manufacturer cannot be located or refuses to reclaim the dog or cat, an attempt shall be made to contact any secondary contacts listed by the chip manufacturer or the purchaser of the microchip if the purchaser is a nonprofit organization, animal shelter, animal control facility, pet store, breeder, or veterinary office prior to adoption, transfer, or euthanization. Prior to transferring any stray dog or cat to another humane shelter, pet store, rescue group, or euthanization, the dog or cat shall be scanned again for the presence of a microchip and examined for other means of identification. If a second scan provides the same identifying information as the initial intake scan and the owner, agent, or caretaker has not been located or refuses to reclaim the dog or cat, the animal shelter may proceed with adoption, transfer, or euthanization. (d) When stray dogs and cats are accepted by an animal shelter and no owner can be identified, the shelter shall hold the animal for the period specified in local ordinance prior to adoption, transfer, or euthanasia. The animal shelter shall allow access to the public to view the animals housed there. If a dog is identified by an owner who desires to make redemption of it, the dog shall be transferred to the local animal control for redemption. If no transfer can occur, the animal shelter shall proceed pursuant to Section 3.7. Upon lapse of the hold period specified in local ordinance and no owner can be identified, ownership of the animal, by operation of law, transfers to the shelter that has custody of the animal. (e) No representative of an animal shelter may enter private property and remove an animal without permission from the property owner and animal owner, nor can any representative of an animal shelter direct another individual to enter private property and remove an animal unless that individual is an approved humane investigator (approved by the Department) operating pursuant to the provisions of the Humane Care for Animals Act. (f) Nothing in this Section limits an animal shelter and an animal control facility who, through mutual agreement, wish to enter into an agreement for animal control, boarding, holding, measures to improve life-saving, or other services provided that the agreement requires parties adhere to the provisions of the Animal Control Act, the Humane Euthanasia in Animal Shelters Act, and the Humane Care for Animals Act.
(Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17; 100-870, eff. 1-1-19.) |
(225 ILCS 605/3.15) Sec. 3.15. Disclosures for dogs and cats being sold by pet shops. (a) Prior to the time of sale, every pet shop operator must, to the best of his or her knowledge, provide to the consumer the following information on any dog or cat being offered for sale: (1) The retail price of the dog or cat, including any |
| additional fees or charges.
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(2) The breed or breeds, if known, age, date of
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| birth, sex, and color of the dog or cat.
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(3) The date and description of any inoculation or
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| medical treatment that the dog or cat received while under the possession of the pet shop operator, and any inoculation or medical treatment that the dog or cat received while under the possession of the animal control facility or animal shelter that the pet shop operator is aware of.
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(4) Sourcing information required in subsection (b)
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(5) (Blank).
(6) (Blank).
(7) If the dog or cat was returned by a customer,
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| then the date and reason for the return.
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(8) A copy of the pet shop's policy regarding
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| warranties, refunds, or returns and an explanation of the remedy under subsections (f) through (m) of this Section in addition to any other remedies available at law.
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(9) The pet shop operator's license number issued by
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| the Illinois Department of Agriculture.
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(10) Disclosure that the dog or cat has been
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| microchipped and the microchip has been enrolled in a nationally searchable database. Pet stores must also disclose that the purchaser has the option to list the pet store as a secondary contact on the microchip.
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(a-5) All dogs and cats shall be microchipped by a pet shop operator prior to sale.
(b) The information required in subsection (a) shall be provided to the customer in written form by the pet shop operator and shall have an acknowledgement of disclosures form, which must be signed by the customer and the pet shop operator at the time of sale. The acknowledgement of disclosures form shall include the following:
(1) A blank space for the dated signature and printed
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| name of the pet shop operator, which shall be immediately beneath the following statement: "I hereby attest that all of the above information is true and correct to the best of my knowledge.".
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(2) A blank space for the customer to sign and print
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| his or her name and the date, which shall be immediately beneath the following statement: "I hereby attest that this disclosure was posted on or near the cage of the dog or cat for sale and that I have read all of the disclosures. I further understand that I am entitled to keep a signed copy of this disclosure.".
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(c) A copy of the disclosures and the signed acknowledgement of disclosures form shall be provided to the customer at the time of sale and the original copy shall be maintained by the pet shop operator for a period of 2 years from the date of sale. A copy of the pet store operator's policy regarding warranties, refunds, or returns shall be provided to the customer.
(d) A pet shop operator shall post in writing on the cage of any dog or cat available for sale the information required by subsection (a) of this Section 3.15.
(e) If there is an outbreak of distemper, parvovirus, or any other contagious and potentially life-threatening disease, the pet shop operator shall notify the Department immediately upon becoming aware of the disease. If the Department issues a quarantine, the pet shop operator shall notify, in writing and within 2 business days of the quarantine, each customer who purchased a dog or cat during the 2-week period prior to the outbreak and quarantine.
(f) A customer who purchased a dog or cat from a pet shop is entitled to a remedy under this Section if:
(1) within 21 days after the date of sale, a licensed
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| veterinarian states in writing that at the time of sale (A) the dog or cat was unfit for purchase due to illness or disease, the presence of symptoms of a contagious or infectious disease, or obvious signs of severe parasitism that are extreme enough to influence the general health of the animal, excluding fleas or ticks, or (B) the dog or cat has died from a disease that existed in the dog or cat on or before the date of delivery to the customer; or
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(2) within one year after the date of sale, a
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| licensed veterinarian states in writing that the dog or cat possesses a congenital or hereditary condition that adversely affects the health of the dog or cat or requires either hospitalization or a non-elective surgical procedure or has died of a congenital or hereditary condition. Internal or external parasites may not be considered to adversely affect the health of the dog unless the presence of the parasites makes the dog or cat clinically ill. The veterinarian's statement shall include:
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(A) the customer's name and address;
(B) a statement that the veterinarian examined
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(C) the date or dates that the dog or cat was
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(D) the breed and age of the dog or cat, if known;
(E) a statement that the dog or cat has or had a
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| disease, illness, or congenital or hereditary condition that is subject to remedy; and
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(F) the findings of the examination or necropsy,
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| including any lab results or copies of the results.
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(g) A customer entitled to a remedy under subsection (f) of this Section may:
(1) return the dog or cat to the pet shop for a full
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| refund of the purchase price;
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(2) exchange the dog or cat for another dog or cat of
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| comparable value chosen by the customer;
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(3) retain the dog or cat and be reimbursed for
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| reasonable veterinary fees for diagnosis and treatment of the dog or cat, not to exceed the purchase price of the dog or cat; or
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(4) if the dog or cat is deceased, be reimbursed for
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| the full purchase price of the dog or cat plus reasonable veterinary fees associated with the diagnosis and treatment of the dog or cat, not to exceed one times the purchase price of the dog or cat.
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For the purposes of this subsection (g), veterinary fees shall be considered reasonable if (i) the services provided are appropriate for the diagnosis and treatment of the disease, illness, or congenital or hereditary condition and (ii) the cost of the services is comparable to that charged for similar services by other licensed veterinarians located in close proximity to the treating veterinarian.
(h) Unless the pet shop contests a reimbursement required under subsection (g) of this Section, the reimbursement shall be made to the customer no later than 10 business days after the pet shop operator receives the veterinarian's statement under subsection (f) of this Section.
(i) To obtain a remedy under this Section, a customer shall:
(1) notify the pet shop as soon as reasonably
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| possible and not to exceed 3 business days after a diagnosis by a licensed veterinarian of a disease, illness, or congenital or hereditary condition of the dog or cat for which the customer is seeking a remedy;
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(2) provide to the pet shop a written statement
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| provided for under subsection (f) of this Section by a licensed veterinarian within 5 business days after a diagnosis by the veterinarian;
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(3) upon request of the pet shop, take the dog or cat
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| for an examination by a second licensed veterinarian; the customer may either choose the second licensed veterinarian or allow the pet shop to choose the second veterinarian, if the pet shop agrees to do so. The party choosing the second veterinarian shall assume the cost of the resulting examination; and
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(4) if the customer requests a reimbursement of
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| veterinary fees, provide to the pet shop an itemized bill for the disease, illness, or congenital or hereditary condition of the dog or cat for which the customer is seeking a remedy.
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(j) A customer is not entitled to a remedy under this Section if:
(1) the illness or death resulted from: (A)
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| maltreatment or neglect by the customer; (B) an injury sustained after the delivery of the dog or cat to the customer; or (C) an illness or disease contracted after the delivery of the dog or cat to the customer;
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(2) the customer does not carry out the recommended
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| treatment prescribed by the veterinarian who made the diagnosis; or
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(3) the customer does not return to the pet shop all
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| documents provided to register the dog or cat, unless the documents have already been sent to the registry organization.
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(k) A pet shop may contest a remedy under this Section by having the dog or cat examined by a second licensed veterinarian pursuant to paragraph (3) of subsection (i) of this Section if the dog or cat is still living. If the dog or cat is deceased, the pet shop may choose to have the second veterinarian review any records provided by the veterinarian who examined or treated the dog or cat for the customer before its death.
If the customer and the pet shop have not reached an agreement within 10 business days after the examination of the medical records and the dog or cat, if alive, or the dog's or cat's medical records, if deceased, by the second veterinarian, then:
(1) the customer may bring suit in a court of
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| competent jurisdiction to resolve the dispute; or
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(2) if the customer and the pet shop agree in
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| writing, the parties may submit the dispute to binding arbitration.
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If the court or arbiter finds that either party acted in bad faith in seeking or denying the requested remedy, then the offending party may be required to pay reasonable attorney's fees and court costs of the adverse party.
(l) This Section shall not apply to any adoption of dogs or cats, including those in which a pet shop or other organization rents or donates space to facilitate the adoption.
(m) If a pet shop offers its own warranty on a pet, a customer may choose to waive the remedies provided under subsection (f) of this Section in favor of choosing the warranty provided by the pet shop. If a customer waives the rights provided by subsection (f), the only remedies available to the customer are those provided by the pet shop's warranty. For the statement to be an effective waiver of the customer's right to refund or exchange the animal under subsection (f), the pet shop must provide, in writing, a statement of the remedy under subsection (f) that the customer is waiving as well as a written copy of the pet shop's warranty. For the statement to be an effective waiver of the customer's right to refund or exchange the animal under subsection (f), it shall be substantially similar to the following language:
"I have agreed to accept the warranty provided by the
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| pet shop in lieu of the remedies under subsection (f) of Section 3.15 of the Animal Welfare Act. I have received a copy of the pet shop's warranty and a statement of the remedies provided under subsection (f) of Section 3.15 of the Animal Welfare Act. This is a waiver pursuant to subsection (m) of Section 3.15 of the Animal Welfare Act whereby I, the customer, relinquish any and all right to return the animal for congenital and hereditary disorders provided by subsection (f) of Section 3.15 of the Animal Welfare Act. I agree that my exclusive remedy is the warranty provided by the pet shop at the time of sale.".
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(Source: P.A. 102-586, eff. 2-23-22.)
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(225 ILCS 605/4) Sec. 4. Applicant convictions. (a) The Department shall not require applicants to report the following information and shall not consider the following in connection with an application for a license under this Act: (1) Juvenile adjudications of delinquent minors as |
| defined in Section 5-105 of the Juvenile Court Act of 1987, subject to the restrictions set forth in Section 5-130 of the Juvenile Court Act of 1987.
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(2) Law enforcement records, court records, and
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| conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult.
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(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
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(b) The Department, upon a finding that an applicant for a license was previously convicted of any felony or a misdemeanor directly related to the practice of the profession, shall consider any evidence of rehabilitation and mitigating factors contained in the applicant's record, including any of the following factors and evidence, to determine if the conviction will impair the ability of the applicant to engage in the position for which a license is sought:
(1) the lack of direct relation of the offense for
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| which the applicant was previously convicted to the duties, functions, and responsibilities of the position for which a license is sought;
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(2) whether 5 years since a felony conviction or 3
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| years since release from confinement for the conviction, whichever is later, have passed without a subsequent conviction;
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(3) if the applicant was previously licensed or
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| employed in this State or other states or jurisdictions, then the lack of prior misconduct arising from or related to the licensed position or position of employment;
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(4) the age of the person at the time of the criminal
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(5) successful completion of sentence and, for
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| applicants serving a term of parole or probation, a progress report provided by the applicant's probation or parole officer that documents the applicant's compliance with conditions of supervision;
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(6) evidence of the applicant's present fitness and
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(7) evidence of rehabilitation or rehabilitative
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| effort during or after incarceration, or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections or a certificate of relief from disabilities under Section 5-5.5-10 of the Unified Code of Corrections; and
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(8) any other mitigating factors that contribute to
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| the person's potential and current ability to perform the duties and responsibilities of the position for which a license or employment is sought.
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(c) If the Department refuses to grant a license to an applicant, then the Department shall notify the applicant of the denial in writing with the following included in the notice of denial:
(1) a statement about the decision to refuse to issue
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(2) a list of the convictions that the Department
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| determined will impair the applicant's ability to engage in the position for which a license is sought;
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(3) a list of convictions that formed the sole or
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| partial basis for the refusal to issue a license; and
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(4) a summary of the appeal process or the earliest
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| the applicant may reapply for a license, whichever is applicable.
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(d) No later than May 1 of each year, the Department must prepare, publicly announce, and publish a report of summary statistical information relating to new and renewal license applications during the preceding calendar year. Each report shall show, at a minimum:
(1) the number of applicants for a new or renewal
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| license under this Act within the previous calendar year;
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(2) the number of applicants for a new or renewal
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| license under this Act within the previous calendar year who had any criminal conviction;
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(3) the number of applicants for a new or renewal
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| license under this Act in the previous calendar year who were granted a license;
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(4) the number of applicants for a new or renewal
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| license with a criminal conviction who were granted a license under this Act within the previous calendar year;
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(5) the number of applicants for a new or renewal
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| license under this Act within the previous calendar year who were denied a license;
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(6) the number of applicants for a new or renewal
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| license with a criminal conviction who were denied a license under this Act in the previous calendar year in whole or in part because of a prior conviction;
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(7) the number of licenses issued on probation
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| without monitoring under this Act in the previous calendar year to applicants with convictions; and
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(8) the number of licenses issued on probation with
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| monitoring under this Act in the previous calendar year to applicants with convictions.
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|
(Source: P.A. 100-286, eff. 1-1-18.)
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(225 ILCS 605/7) (from Ch. 8, par. 307)
Sec. 7.
Applications for renewal licenses shall be made to the
Department in a manner prescribed by the
Department, shall contain such information as will enable the Department
to determine if the applicant is qualified to continue to hold a license, shall report beginning inventory and intake and outcome statistics from the previous calendar year, and shall be accompanied by the required fee, which shall not be
returnable. The report of intake and outcome statistics shall include the following:
(1) The total number of dogs, cats, and other |
| animals, divided into species, taken in by the animal shelter or animal control facility, in the following categories:
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|
(A) surrendered by owner;
(B) stray;
(C) impounded other than stray;
(D) confiscated under the Humane Care for Animals
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(E) transfer from other licensees within the
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(F) transferred into or imported from out of the
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|
(G) transferred into or imported from outside the
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|
(H) born in shelter or animal control facility.
(2) The disposition of all dogs, cats, and other
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| animals taken in by the animal shelter or animal control facility, divided into species. This data must include dispositions by:
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(A) reclamation by owner;
(B) adopted or sold;
(C) euthanized;
(D) euthanized per request of the owner;
(E) died in custody;
(F) transferred to another licensee;
(G) transferred to an out-of-state nonprofit
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|
(H) animals missing, stolen, or escaped;
(I) cats returned to field; and
(J) ending inventory; shelter count at end of the
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|
The Department shall not be required to audit or validate the intake and outcome statistics required to be submitted under this Section.
(Source: P.A. 101-295, eff. 8-9-19; 102-558, eff. 8-20-21.)
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(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;
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|
b. a violation of this Act or of any regulations or
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| rules issued pursuant thereto;
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|
c. aiding or abetting another in the violation of
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| this Act or of any regulation or rule issued pursuant thereto;
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d. allowing one's license under this Act to be used
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|
e. for licensees, conviction of any crime an
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| 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; for applicants, the Department may refuse to issue a license based on a conviction of any felony or a misdemeanor directly related to the practice of the profession if the Department determines in accordance with Section 4 that such conviction will impair the ability of the applicant to engage in the position for which a license is sought;
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f. conviction of a violation of any law of Illinois
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| 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;
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g. making substantial misrepresentations or false
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| promises of a character likely to influence, persuade or induce in connection with the business of a licensee under this Act;
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h. pursuing a continued course of misrepresentation
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| of or making false promises through advertising, salesman, agents or otherwise in connection with the business of a licensee under this Act;
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|
i. failure to possess the necessary qualifications or
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| to meet the requirements of the Act for the issuance or holding a license; or
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|
j. proof that the licensee is guilty of gross
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| negligence, incompetency, or cruelty with regard to animals.
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|
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.
If the Department revokes a license under this Act at an administrative hearing, the licensee and any individuals associated with that license shall be prohibited from applying for or obtaining a license under this Act for a minimum of 3 years.
(Source: P.A. 99-310, eff. 1-1-16; 100-286, eff. 1-1-18.)
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(225 ILCS 605/18.1)
Sec. 18.1.
Sale or gift of reptiles and other animals.
(a) A pet shop shall not sell a reptile, offer a reptile for sale, or
offer a reptile as a gift or promotional consideration unless a notice
regarding safe reptile-handling practices that meets the requirements in
subsection (b) is (i) prominently displayed at each location in the pet shop
where reptiles are displayed, housed, or held and (ii) distributed to the
purchaser or recipient.
(b) The notice regarding safe reptile-handling practices shall be one of the
following:
(1) a notice provided at no charge by the Illinois |
| Department of Public Health; or
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|
(2) a notice that has the dimensions of at least 8.5
|
| inches by 11 inches, that uses fonts that are clearly visible and readily draw attention to the notice, and that contains all of the following statements:
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|
(A) "As with many other animals, reptiles carry
|
| salmonella bacteria, which can make people sick. Safe reptile-handling steps should be taken to reduce the chance of infection."
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|
(B) "Always wash your hands thoroughly after you
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| handle your pet reptile, its food, and anything it has touched."
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|
(C) "Keep your pet reptile and its equipment out
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| of the kitchen or any area where food is prepared. Kitchen sinks should not be used to bathe reptiles or wash their dishes, cages, or aquariums. If a bathtub is used for these purposes, it should be cleaned thoroughly and disinfected with bleach."
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|
(D) "Don't nuzzle or kiss your pet reptile."
(E) "Keep reptiles out of homes where there are
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| children under 5 years of age or people with weakened immune systems. Children under 5 years of age or people with weakened immune systems should avoid contact with reptiles."
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|
(F) "Pet reptiles should not be allowed in child
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|
(G) "Pet reptiles should not be allowed to roam
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| freely throughout the home or living area."
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|
(Source: P.A. 91-741, eff. 1-1-01.)
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