(225 ILCS 645/1) (from Ch. 111, par. 401)
Sec. 1.
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
or his duly authorized representative.
"Livestock" means cattle, goats, sheep, swine other than feeder
swine, or any other animals of the bovine, caprine, ovine, or porcine
species.
"Feeder swine" means all swine except those consigned directly to
slaughter or swine sold as breeding animals with a negative brucellosis
test.
"Livestock dealer" means any person required to be registered under the
Federal "Packers and Stockyards Act, 1921", who buys, sells or offers to
sell, exchange, barter, or negotiate the sale of cattle, goats, sheep,
or swine other than feeder swine in this State whether the cattle,
goats, sheep, or swine were raised in this State or brought into this
State from another state. "Livestock dealer" does not mean (1) a person
who sells only cattle, goats, sheep, or swine which he has produced and
raised, (2) a person who offers for sale or trade only cattle, goats,
sheep, or swine other than feeder swine which he has owned or had in his
possession for a period of 30 days or longer and is not engaged in the
business of buying, selling, trading, or negotiating the transfer of
livestock, (3) a person who purchases cattle, goats, sheep, or swine
other than feeder swine for feeding or breeding purposes and retains
them in his possession for a period of 30 days or longer, (4) a person
engaged in the business of buying and slaughtering livestock for food
and in marketing the meat products therefrom, provided all animals
purchased are slaughtered, (5) a person licensed under "An Act providing
for the licensing of feeder swine dealers, regulating such business, and
providing penalties for violations hereof", approved July 31, 1961, for
transactions so governed, or (6) a person licensed under "An Act in
relation to the licensing and regulation of livestock auction markets",
approved July 15, 1941, as heretofore or hereafter amended, when engaged
in transactions covered by such Act or (7) a "commission firm" as
defined and exempted by this Act.
"Person" means any individual, firm, partnership or corporation.
"Commission firm" means a person who negotiates the sale or purchase
of livestock for the account of another on a commission basis and who
does not buy or sell for his own account.
"Agent" means any person authorized to act for a licensed livestock dealer.
"Clearee" means any person whose livestock financial transactions are
processed through a clearing agency. For the purpose of this Act, a clearee
shall be licensed as a livestock dealer.
"Clearing agency" means a financial institution which provides clearing
services for a person buying and selling livestock, but which does not take
possession of the livestock and, therefore, is not required to be licensed
as a livestock dealer.
(Source: P.A. 81-191.)
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(225 ILCS 645/9) (from Ch. 111, par. 409)
Sec. 9.
The Department may refuse to issue or renew or may suspend or
revoke a license on any 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. wilful disregard or violation of this Act, or of
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| any other Act relative to the purchase and sale of livestock, feeder swine or horses, or of any regulation or rule issued pursuant thereto;
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c. wilfully aiding or abetting another in the
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| violation of 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 felony, if the
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| 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 a felony if the Department determines in accordance with Section 9.4 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. for licensees, conviction of any crime an
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| essential element of which is misstatement, fraud or dishonesty; for applicants, the Department may refuse to issue a license based on a conviction of a misdemeanor directly related to the practice of the profession if the Department determines in accordance with Section 9.4 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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g. conviction of a violation of any law in Illinois
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| or any Departmental rule or regulation relating to livestock;
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h. making substantial misrepresentations or false
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| promises of a character likely to influence, persuade or induce in connection with the livestock industry;
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i. pursuing a continued course of misrepresentation
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| of or making false promises through advertising, salesmen, agents or otherwise in connection with the livestock industry;
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j. failure to possess the necessary qualifications or
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| to meet the requirements of this Act for the issuance or holding a license;
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k. failure to pay for livestock after purchase;
l. issuance of checks for payment of livestock when
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m. determination by a Department audit that the
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| licensee or applicant is insolvent;
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n. operating without adequate bond coverage or its
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| equivalent required for licensees;
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o. failing to remit the assessment required in
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| Section 9 of the Beef Market Development Act upon written complaint of the Checkoff Division of the Illinois Beef Association Board of Governors.
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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.
(Source: P.A. 99-389, eff. 8-18-15; 99-642, eff. 7-28-16; 100-286, eff. 1-1-18.)
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(225 ILCS 645/9.4) Sec. 9.4. Applicant convictions. (a) The Department shall not require applicants to report the following information and shall not consider the following criminal history records 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 issue a license to an applicant, then the applicant shall be notified 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; and
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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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(Source: P.A. 100-286, eff. 1-1-18.)
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(225 ILCS 645/16) (from Ch. 111, par. 416)
Sec. 16.
Prior to the issuance of a license, as a livestock dealer,
each applicant therefor shall file a surety bond with the Department,
conditioned on his performance of all duties required by law of a
livestock dealer. The form of such bond shall be prescribed by the
Department. The bond shall specifically provide that the livestock dealer shall
pay when due, to the person or persons entitled thereto, the purchase
price of all livestock purchased by the livestock dealer. The surety on any such
bond shall be a surety company authorized to do business within the
State of Illinois. The amount of such bond shall be not less than the
nearest multiple of $2,000 above the average amount of livestock
purchases by such livestock dealer for 3 business days, based on the
total number of business days, and the total amount of such sales and
purchases in the preceding 12 months, or in such part thereof in which
such livestock dealer did business, if any. For the purpose of this computation,
260 days shall be deemed the number of business days in the year.
However, the amount of the bond shall not be less than $6,000, and when
the bond requirements exceed $50,000 calculated on the livestock
purchases as hereinbefore specified, the amount of the bond need not
exceed $50,000 plus 15% of the excess. Whenever there has been a change
in the gross amount of business transacted during the 12-month period
prior to the renewal of any license which would warrant an increase or
decrease in the amount of bond coverage required under this Act, the
livestock dealer shall have his bond adjusted accordingly upon receipt of notice
to that effect. A blanket bond based upon the gross amount of business
transacted on an annual basis for each enterprise operated under the
same ownership may be furnished by licensees in lieu of individual bonds
for each enterprise operated if they so desire. Such bond
shall be continuous in nature and shall provide that it may not be
cancelled without 30 days written notice of termination to the
Department prior to the effective date of such termination. In cases
where a livestock dealer under this Act has a bond on file with the United
States Department of Agriculture, Packers and Stockyards, Agricultural Marketing
Service, or any successor agency,
and such bond is in an amount and conditioned upon such terms so as to
meet the requirements of this Act, separate bond coverage under this Act
is not required. In any case where an applicant has sufficient bond
posted with the United States Department of Agriculture, Packers and Stockyards,
Agricultural Marketing Service, or any successor agency, to satisfy the
provisions of this Act, a
duplicate original of such bond shall be furnished to the Department and
such bond shall replace the State bond as if it were the State bond.
In lieu of filing such bond, the livestock dealer may deliver to the
Department the receipt of a duly authorized bank, savings and loan
association or trust company in
this State showing the deposit with the bank, savings and loan association
or trust company of cash or
of securities endorsed in blank by the owner thereof and of a market
value equal at least to the required principal amount of such bond, such
cash or securities to be deposited in escrow under agreement conditioned
as in the case of such bond. Such trust fund agreement shall be on forms
prescribed by the Department. An action for recovery against any such
deposit may be brought in the same manner as in the case of an action
for recovery on a bond filed hereunder. Any such receipt shall further
be accompanied by evidence that there are no unsatisfied judgments
against the livestock dealer of record in the county where the livestock dealer
resides.
Any livestock dealer required to maintain a surety bond under this Act
may elect to maintain, in whole or partial substitution for such surety
bond, one or more irrevocable letters of credit on which a trustee is authorized
to draw funds subject to a trust agreement. The amount of such letters
of credit, surety bond, trust fund agreement, or combination thereof, must
be the total amount of the surety bond otherwise required under this Act.
Such letters of credit and trust agreements shall be on forms prescribed
by the Department. Any letter of credit must be issued for a period of
not less than one year. The Director shall be trustee on any such trust agreement.
An action for recovery against this trust agreement with related letter
of credit may be brought in the same manner as in case of an action for
recovery on a bond filed hereunder. This letter of credit with trust agreement
may be terminated by any party to the agreement by providing the Department
with written notice of such termination of at least 30 days prior to the
effective date of termination. In any case when a livestock dealer
has elected to maintain one or more irrevocable letters of credit with
related trust agreements, in order to fulfill the bonding requirements of
the Packers and Stockyards Administration, United States Department of Agriculture,
or any successor agency, such letters of credit with trust agreements shall
satisfy the provisions of this Act, and such letters of credit with trust
agreements shall replace the State letters of credit with trust agreements
as if they were the State letters of credit with trust agreements.
Whenever the Director has reason to believe that any bond, or bond substitute,
filed or maintained under this Act is inadequate to secure the performance
of the obligations of the livestock dealer covered by such bond, he shall
notify the livestock dealer to adjust such bond to meet the requirements
of this Section, or, if such bond is inadequate because of the volume of
business conducted on a seasonal or otherwise irregular basis, to meet such
requirements as may be determined by the Director to be reasonable based
upon such seasonal or irregular operation.
(Source: P.A. 87-160.)
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