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90_HB0674enr
510 ILCS 5/5 from Ch. 8, par. 355
Amends the Animal Control Act to authorize counties to
grant full police powers, pertaining only to this Act, to
certain animal control personnel, including the power to bear
weapons. Specifies that persons authorized to carry firearms
must complete training as prescribed in the Peace Officer
Firearm Training Act. Requires the county to pay the cost of
the training. Effective immediately.
LRB9003582SMdv
HB0674 Enrolled LRB9003582SMdv
1 AN ACT in relation to governmental functions, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. The Illinois Public Labor Relations Act is
6 amended by changing Section 14 as follows:
7 (5 ILCS 315/14) (from Ch. 48, par. 1614)
8 Sec. 14. Security Employee, Peace Officer and Fire
9 Fighter Disputes.
10 (a) In the case of collective bargaining agreements
11 involving units of security employees of a public employer,
12 Peace Officer Units, or units of fire fighters or paramedics,
13 and in the case of disputes under Section 18, unless the
14 parties mutually agree to some other time limit, mediation
15 shall commence 30 days prior to the expiration date of such
16 agreement or at such later time as the mediation services
17 chosen under subsection (b) of Section 12 can be provided to
18 the parties. In the case of negotiations for an initial
19 collective bargaining agreement, mediation shall commence
20 upon 15 days notice from either party or at such later time
21 as the mediation services chosen pursuant to subsection (b)
22 of Section 12 can be provided to the parties. In mediation
23 under this Section, if either party requests the use of
24 mediation services from the Federal Mediation and
25 Conciliation Service, the other party shall either join in
26 such request or bear the additional cost of mediation
27 services from another source. The mediator shall have a duty
28 to keep the Board informed on the progress of the mediation.
29 If any dispute has not been resolved within 15 days after the
30 first meeting of the parties and the mediator, or within such
31 other time limit as may be mutually agreed upon by the
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1 parties, either the exclusive representative or employer may
2 request of the other, in writing, arbitration, and shall
3 submit a copy of the request to the Board.
4 (b) Within 10 days after such a request for arbitration
5 has been made, the employer shall choose a delegate and the
6 employees' exclusive representative shall choose a delegate
7 to a panel of arbitration as provided in this Section. The
8 employer and employees shall forthwith advise the other and
9 the Board of their selections.
10 (c) Within 7 days of the request of either party, the
11 Board shall select from the Public Employees Labor Mediation
12 Roster 7 persons who are on the labor arbitration panels of
13 either the American Arbitration Association or the Federal
14 Mediation and Conciliation Service, or who are members of the
15 National Academy of Arbitrators, as nominees for impartial
16 arbitrator of the arbitration panel. The parties may select
17 an individual on the list provided by the Board or any other
18 individual mutually agreed upon by the parties. Within 7
19 days following the receipt of the list, the parties shall
20 notify the Board of the person they have selected. Unless
21 the parties agree on an alternate selection procedure, they
22 shall alternatively strike one name from the list provided by
23 the Board until only one name remains. A coin toss shall
24 determine which party shall strike the first name. If the
25 parties fail to notify the Board in a timely manner of their
26 selection for neutral chairman, the Board shall appoint a
27 neutral chairman from the Illinois Public Employees
28 Mediation/Arbitration Roster.
29 (d) The chairman shall call a hearing to begin within 15
30 days and give reasonable notice of the time and place of the
31 hearing. The hearing shall be held at the offices of the
32 Board or at such other location as the Board deems
33 appropriate. The chairman shall preside over the hearing and
34 shall take testimony. Any oral or documentary evidence and
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1 other data deemed relevant by the arbitration panel may be
2 received in evidence. The proceedings shall be informal.
3 Technical rules of evidence shall not apply and the
4 competency of the evidence shall not thereby be deemed
5 impaired. A verbatim record of the proceedings shall be made
6 and the arbitrator shall arrange for the necessary recording
7 service. Transcripts may be ordered at the expense of the
8 party ordering them, but the transcripts shall not be
9 necessary for a decision by the arbitration panel. The
10 expense of the proceedings, including a fee for the chairman,
11 established in advance by the Board, shall be borne equally
12 by each of the parties to the dispute. The delegates, if
13 public officers or employees, shall continue on the payroll
14 of the public employer without loss of pay. The hearing
15 conducted by the arbitration panel may be adjourned from time
16 to time, but unless otherwise agreed by the parties, shall be
17 concluded within 30 days of the time of its commencement.
18 Majority actions and rulings shall constitute the actions and
19 rulings of the arbitration panel. Arbitration proceedings
20 under this Section shall not be interrupted or terminated by
21 reason of any unfair labor practice charge filed by either
22 party at any time.
23 (e) The arbitration panel may administer oaths, require
24 the attendance of witnesses, and the production of such
25 books, papers, contracts, agreements and documents as may be
26 deemed by it material to a just determination of the issues
27 in dispute, and for such purpose may issue subpoenas. If any
28 person refuses to obey a subpoena, or refuses to be sworn or
29 to testify, or if any witness, party or attorney is guilty of
30 any contempt while in attendance at any hearing, the
31 arbitration panel may, or the attorney general if requested
32 shall, invoke the aid of any circuit court within the
33 jurisdiction in which the hearing is being held, which court
34 shall issue an appropriate order. Any failure to obey the
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1 order may be punished by the court as contempt.
2 (f) At any time before the rendering of an award, the
3 chairman of the arbitration panel, if he is of the opinion
4 that it would be useful or beneficial to do so, may remand
5 the dispute to the parties for further collective bargaining
6 for a period not to exceed 2 weeks. If the dispute is
7 remanded for further collective bargaining the time
8 provisions of this Act shall be extended for a time period
9 equal to that of the remand. The chairman of the panel of
10 arbitration shall notify the Board of the remand.
11 (g) At or before the conclusion of the hearing held
12 pursuant to subsection (d), the arbitration panel shall
13 identify the economic issues in dispute, and direct each of
14 the parties to submit, within such time limit as the panel
15 shall prescribe, to the arbitration panel and to each other
16 its last offer of settlement on each economic issue. The
17 determination of the arbitration panel as to the issues in
18 dispute and as to which of these issues are economic shall be
19 conclusive. The arbitration panel, within 30 days after the
20 conclusion of the hearing, or such further additional periods
21 to which the parties may agree, shall make written findings
22 of fact and promulgate a written opinion and shall mail or
23 otherwise deliver a true copy thereof to the parties and
24 their representatives and to the Board. As to each economic
25 issue, the arbitration panel shall adopt the last offer of
26 settlement which, in the opinion of the arbitration panel,
27 more nearly complies with the applicable factors prescribed
28 in subsection (h). The findings, opinions and order as to
29 all other issues shall be based upon the applicable factors
30 prescribed in subsection (h).
31 (h) Where there is no agreement between the parties, or
32 where there is an agreement but the parties have begun
33 negotiations or discussions looking to a new agreement or
34 amendment of the existing agreement, and wage rates or other
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1 conditions of employment under the proposed new or amended
2 agreement are in dispute, the arbitration panel shall base
3 its findings, opinions and order upon the following factors,
4 as applicable:
5 (1) The lawful authority of the employer.
6 (2) Stipulations of the parties.
7 (3) The interests and welfare of the public and the
8 financial ability of the unit of government to meet those
9 costs.
10 (4) Comparison of the wages, hours and conditions
11 of employment of the employees involved in the
12 arbitration proceeding with the wages, hours and
13 conditions of employment of other employees performing
14 similar services and with other employees generally:
15 (A) In public employment in comparable
16 communities.
17 (B) In private employment in comparable
18 communities.
19 (5) The average consumer prices for goods and
20 services, commonly known as the cost of living.
21 (6) The overall compensation presently received by
22 the employees, including direct wage compensation,
23 vacations, holidays and other excused time, insurance and
24 pensions, medical and hospitalization benefits, the
25 continuity and stability of employment and all other
26 benefits received.
27 (7) Changes in any of the foregoing circumstances
28 during the pendency of the arbitration proceedings.
29 (8) Such other factors, not confined to the
30 foregoing, which are normally or traditionally taken into
31 consideration in the determination of wages, hours and
32 conditions of employment through voluntary collective
33 bargaining, mediation, fact-finding, arbitration or
34 otherwise between the parties, in the public service or
HB0674 Enrolled -6- LRB9003582SMdv
1 in private employment.
2 (i) In the case of peace officers, the arbitration
3 decision shall be limited to wages, hours, and conditions of
4 employment (which may include residency requirements in
5 municipalities with a population under 1,000,000, but those
6 residency requirements shall not allow residency outside of
7 Illinois) and shall not include the following: i) residency
8 requirements in municipalities with a population of at least
9 1,000,000; ii) the type of equipment, other than uniforms,
10 issued or used; iii) manning; iv) the total number of
11 employees employed by the department; v) mutual aid and
12 assistance agreements to other units of government; and vi)
13 the criterion pursuant to which force, including deadly
14 force, can be used; provided, nothing herein shall preclude
15 an arbitration decision regarding equipment or manning levels
16 if such decision is based on a finding that the equipment or
17 manning considerations in a specific work assignment involve
18 a serious risk to the safety of a peace officer beyond that
19 which is inherent in the normal performance of police duties.
20 Limitation of the terms of the arbitration decision pursuant
21 to this subsection shall not be construed to limit the
22 factors upon which the decision may be based, as set forth in
23 subsection (h).
24 In the case of fire fighter, and fire department or fire
25 district paramedic matters, the arbitration decision shall be
26 limited to wages, hours, and conditions of employment (which
27 may include residency requirements in municipalities with a
28 population under 1,000,000, but those residency requirements
29 shall not allow residency outside of Illinois) and shall not
30 include the following matters: i) residency requirements in
31 municipalities with a population of at least 1,000,000; ii)
32 the type of equipment (other than uniforms and fire fighter
33 turnout gear) issued or used; iii) the total number of
34 employees employed by the department; iv) mutual aid and
HB0674 Enrolled -7- LRB9003582SMdv
1 assistance agreements to other units of government; and v)
2 the criterion pursuant to which force, including deadly
3 force, can be used; provided, however, nothing herein shall
4 preclude an arbitration decision regarding equipment levels
5 if such decision is based on a finding that the equipment
6 considerations in a specific work assignment involve a
7 serious risk to the safety of a fire fighter beyond that
8 which is inherent in the normal performance of fire fighter
9 duties. Limitation of the terms of the arbitration decision
10 pursuant to this subsection shall not be construed to limit
11 the facts upon which the decision may be based, as set forth
12 in subsection (h).
13 The changes to this subsection (i) made by this
14 amendatory Act of 1997 (relating to residency requirements)
15 do not apply to persons who are employed by a combined
16 department that performs both police and firefighting
17 services; these persons shall be governed by the provisions
18 of this subsection (i) relating to peace officers, as they
19 existed before the amendment by this amendatory Act of 1997.
20 To preserve historical bargaining rights, this subsection
21 shall not apply to any provision of a fire fighter collective
22 bargaining agreement in effect and applicable on the
23 effective date of this Act; provided, however, nothing herein
24 shall preclude arbitration with respect to any such
25 provision.
26 (j) Arbitration procedures shall be deemed to be
27 initiated by the filing of a letter requesting mediation as
28 required under subsection (a) of this Section. The
29 commencement of a new municipal fiscal year after the
30 initiation of arbitration procedures under this Act, but
31 before the arbitration decision, or its enforcement, shall
32 not be deemed to render a dispute moot, or to otherwise
33 impair the jurisdiction or authority of the arbitration panel
34 or its decision. Increases in rates of compensation awarded
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1 by the arbitration panel may be effective only at the start
2 of the fiscal year next commencing after the date of the
3 arbitration award. If a new fiscal year has commenced either
4 since the initiation of arbitration procedures under this Act
5 or since any mutually agreed extension of the statutorily
6 required period of mediation under this Act by the parties to
7 the labor dispute causing a delay in the initiation of
8 arbitration, the foregoing limitations shall be inapplicable,
9 and such awarded increases may be retroactive to the
10 commencement of the fiscal year, any other statute or charter
11 provisions to the contrary, notwithstanding. At any time the
12 parties, by stipulation, may amend or modify an award of
13 arbitration.
14 (k) Orders of the arbitration panel shall be reviewable,
15 upon appropriate petition by either the public employer or
16 the exclusive bargaining representative, by the circuit court
17 for the county in which the dispute arose or in which a
18 majority of the affected employees reside, but only for
19 reasons that the arbitration panel was without or exceeded
20 its statutory authority; the order is arbitrary, or
21 capricious; or the order was procured by fraud, collusion or
22 other similar and unlawful means. Such petitions for review
23 must be filed with the appropriate circuit court within 90
24 days following the issuance of the arbitration order. The
25 pendency of such proceeding for review shall not
26 automatically stay the order of the arbitration panel. The
27 party against whom the final decision of any such court shall
28 be adverse, if such court finds such appeal or petition to be
29 frivolous, shall pay reasonable attorneys' fees and costs to
30 the successful party as determined by said court in its
31 discretion. If said court's decision affirms the award of
32 money, such award, if retroactive, shall bear interest at the
33 rate of 12 percent per annum from the effective retroactive
34 date.
HB0674 Enrolled -9- LRB9003582SMdv
1 (l) During the pendency of proceedings before the
2 arbitration panel, existing wages, hours, and other
3 conditions of employment shall not be changed by action of
4 either party without the consent of the other but a party may
5 so consent without prejudice to his rights or position under
6 this Act. The proceedings are deemed to be pending before
7 the arbitration panel upon the initiation of arbitration
8 procedures under this Act.
9 (m) Security officers of public employers, and Peace
10 Officers, Fire Fighters and fire department and fire
11 protection district paramedics, covered by this Section may
12 not withhold services, nor may public employers lock out or
13 prevent such employees from performing services at any time.
14 (n) All of the terms decided upon by the arbitration
15 panel shall be included in an agreement to be submitted to
16 the public employer's governing body for ratification and
17 adoption by law, ordinance or the equivalent appropriate
18 means.
19 The governing body shall review each term decided by the
20 arbitration panel. If the governing body fails to reject one
21 or more terms of the arbitration panel's decision by a 3/5
22 vote of those duly elected and qualified members of the
23 governing body, within 20 days of issuance, or in the case of
24 firefighters employed by a state university, at the next
25 regularly scheduled meeting of the governing body after
26 issuance, such term or terms shall become a part of the
27 collective bargaining agreement of the parties. If the
28 governing body affirmatively rejects one or more terms of the
29 arbitration panel's decision, it must provide reasons for
30 such rejection with respect to each term so rejected, within
31 20 days of such rejection and the parties shall return to the
32 arbitration panel for further proceedings and issuance of a
33 supplemental decision with respect to the rejected terms.
34 Any supplemental decision by an arbitration panel or other
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1 decision maker agreed to by the parties shall be submitted to
2 the governing body for ratification and adoption in
3 accordance with the procedures and voting requirements set
4 forth in this Section. The voting requirements of this
5 subsection shall apply to all disputes submitted to
6 arbitration pursuant to this Section notwithstanding any
7 contrary voting requirements contained in any existing
8 collective bargaining agreement between the parties.
9 (o) If the governing body of the employer votes to
10 reject the panel's decision, the parties shall return to the
11 panel within 30 days from the issuance of the reasons for
12 rejection for further proceedings and issuance of a
13 supplemental decision. All reasonable costs of such
14 supplemental proceeding including the exclusive
15 representative's reasonable attorney's fees, as established
16 by the Board, shall be paid by the employer.
17 (p) Notwithstanding the provisions of this Section the
18 employer and exclusive representative may agree to submit
19 unresolved disputes concerning wages, hours, terms and
20 conditions of employment to an alternative form of impasse
21 resolution.
22 (Source: P.A. 89-195, eff. 7-21-95.)
23 Section 2. The Civil Administrative Code of Illinois is
24 amended by changing Section 40.36 as follows:
25 (20 ILCS 205/40.36) (from Ch. 127, par. 40.36)
26 Sec. 40.36. To establish and administer the "Illinois
27 Product Grown" label program, whereby the Department shall
28 design and produce a label with the words "Illinois Product
29 Grown" on it which may be placed on food and agribusiness
30 commodities each container of fresh fruit, vegetables, meat
31 or other food commodity produced, processed, or packaged
32 originating in Illinois.
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1 (Source: P.A. 85-1209.)
2 Section 3. The Animal Welfare Act is amended by changing
3 Sections 2 and 10 and adding Section 6.5 as follows:
4 (225 ILCS 605/2) (from Ch. 8, par. 302)
5 Sec. 2. Definitions. As used in this Act unless the
6 context otherwise requires:
7 "Department" means the Illinois Department of
8 Agriculture.
9 "Director" means the Director of the Illinois Department
10 of Agriculture.
11 "Pet shop operator" means any person who sells, offers to
12 sell, exchange, or offers for adoption with or without charge
13 or donation dogs, cats, birds, fish, reptiles, or other
14 animals customarily obtained as pets in this State. However,
15 a person who sells only such animals that he has produced and
16 raised shall not be considered a pet shop operator under this
17 Act, and a veterinary hospital or clinic operated by a
18 veterinarian or veterinarians licensed under the Veterinary
19 Medicine and Surgery Practice Act of 1994 shall not be
20 considered a pet shop operator under this Act.
21 "Dog dealer" means any person who sells, offers to sell,
22 exchange, or offers for adoption with or without charge or
23 donation dogs in this State. However, a person who sells only
24 dogs that he has produced and raised shall not be considered
25 a dog dealer under this Act, and a veterinary hospital or
26 clinic operated by a veterinarian or veterinarians licensed
27 under the Veterinary Medicine and Surgery Practice Act of
28 1994 shall not be considered a dog dealer under this Act.
29 "Secretary of Agriculture" or "Secretary" means the
30 Secretary of Agriculture of the United States Department of
31 Agriculture.
32 "Person" means any person, firm, corporation,
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1 partnership, association or other legal entity, any public or
2 private institution, the State of Illinois, or any municipal
3 corporation or political subdivision of the State.
4 "Kennel operator" means any person who operates an
5 establishment, other than an animal control facility,
6 veterinary hospital, or animal shelter, where dogs or dogs
7 and cats are maintained for boarding, training or similar
8 purposes for a fee or compensation; or who sells, offers to
9 sell, exchange, or offers for adoption with or without charge
10 dogs or dogs and cats which he has produced and raised. A
11 person who owns, has possession of, or harbors 5 or less
12 females capable of reproduction shall not be considered a
13 kennel operator.
14 "Cattery operator" means any person who operates an
15 establishment, other than an animal control facility or
16 animal shelter, where cats are maintained for boarding,
17 training or similar purposes for a fee or compensation; or
18 who sells, offers to sell, exchange, or offers for adoption
19 with or without charges cats which he has produced and
20 raised. A person who owns, has possession of, or harbors 5
21 or less females capable of reproduction shall not be
22 considered a cattery operator.
23 "Animal control facility" means any facility operated by
24 or under contract for the State, county, or any municipal
25 corporation or political subdivision of the State for the
26 purpose of impounding or harboring seized, stray, homeless,
27 abandoned or unwanted dogs, cats, and other animals. "Animal
28 control facility" also means any veterinary hospital or
29 clinic operated by a veterinarian or veterinarians licensed
30 under the Veterinary Medicine and Surgery Practice Act of
31 1994 which operates for the above mentioned purpose in
32 addition to its customary purposes.
33 "Animal shelter" means a facility operated, owned, or
34 maintained by a duly incorporated humane society, animal
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1 welfare society, or other non-profit organization for the
2 purpose of providing for and promoting the welfare,
3 protection, and humane treatment of animals. "Animal
4 shelter" also means any veterinary hospital or clinic
5 operated by a veterinarian or veterinarians licensed under
6 the Veterinary Medicine and Surgery Practice Act of 1994
7 which operates for the above mentioned purpose in addition to
8 its customary purposes.
9 "Foster home" means an entity that accepts the
10 responsibility for stewardship of animals that are the
11 obligation of an animal shelter, not to exceed 4 animals at
12 any given time. Permits to operate as a "foster home" shall
13 be issued through the animal shelter.
14 "Guard dog service" means an entity that, for a fee,
15 furnishes or leases guard or sentry dogs for the protection
16 of life or property. A person is not a guard dog service
17 solely because he or she owns a dog and uses it to guard his
18 or her home, business, or farmland.
19 "Guard dog" means a type of dog used primarily for the
20 purpose of defending, patrolling, or protecting property or
21 life at a commercial establishment other than a farm. "Guard
22 dog" does not include stock dogs used primarily for handling
23 and controlling livestock or farm animals, nor does it
24 include personally owned pets that also provide security.
25 "Sentry dog" means a dog trained to work without
26 supervision in a fenced facility other than a farm, and to
27 deter or detain unauthorized persons found within the
28 facility.
29 (Source: P.A. 88-424; 89-178, eff. 7-19-95.)
30 (225 ILCS 605/6.5 new)
31 Sec. 6.5. Termination of application; forfeiture of
32 license fee. Failure of any applicant to meet all of the
33 requirements for compliance within 60 days of receipt of a
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1 license application shall result in termination of the
2 application and forfeiture of the license fee.
3 (225 ILCS 605/10) (from Ch. 8, par. 310)
4 Sec. 10. Grounds for discipline. The Department may
5 refuse to issue or renew or may suspend or revoke a license
6 on any one or more of the following grounds:
7 a. Material misstatement in the application for original
8 license or in the application for any renewal license under
9 this Act;
10 b. A violation of this Act or of any regulations or
11 rules issued pursuant thereto;
12 c. Aiding or abetting another in the violation of this
13 Act or of any regulation or rule issued pursuant thereto;
14 d. Allowing one's license under this Act to be used by
15 an unlicensed person;
16 e. Conviction of any crime an essential element of which
17 is misstatement, fraud or dishonesty or conviction of any
18 felony, if the Department determines, after investigation,
19 that such person has not been sufficiently rehabilitated to
20 warrant the public trust;
21 f. Conviction of a violation of any law of Illinois
22 except minor violations such as traffic violations and
23 violations not related to the disposition of dogs, cats and
24 other animals or any rule or regulation of the Department
25 relating to dogs or cats and sale thereof;
26 g. Making substantial misrepresentations or false
27 promises of a character likely to influence, persuade or
28 induce in connection with the business of a licensee under
29 this Act;
30 h. Pursuing a continued course of misrepresentation of
31 or making false promises through advertising, salesman,
32 agents or otherwise in connection with the business of a
33 licensee under this Act; or
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1 i. Failure to possess the necessary qualifications or to
2 meet the requirements of the Act for the issuance or holding
3 a license; or.
4 j. Proof that the licensee is guilty of gross
5 negligence, incompetency, or cruelty with regard to animals.
6 The Department may refuse to issue or may suspend the
7 license of any person who fails to file a return, or to pay
8 the tax, penalty or interest shown in a filed return, or to
9 pay any final assessment of tax, penalty or interest, as
10 required by any tax Act administered by the Illinois
11 Department of Revenue, until such time as the requirements of
12 any such tax Act are satisfied.
13 The Department may order any licensee to cease operation
14 for a period not to exceed 72 hours to correct deficiencies
15 in order to meet licensing requirements.
16 (Source: P.A. 89-178, eff. 7-19-95.)
17 Section 5. The Animal Control Act is amended by changing
18 Section 5 as follows:
19 (510 ILCS 5/5) (from Ch. 8, par. 355)
20 Sec. 5. Duties and powers.
21 (a) It shall be the duty of the Administrator, through
22 education, rabies inoculation, stray control, impoundment,
23 quarantine, and any other means deemed necessary, to control
24 and prevent the spread of rabies in his county. It shall
25 also be the duty of the Administrator to investigate and
26 substantiate all claims made under Section 19 of this Act.
27 (b) Counties may by ordinance determine the extent of
28 the police powers that may be exercised by the Administrator,
29 Deputy Administrators, and Animal Control Wardens, which
30 powers shall pertain only to this Act. The Administrator,
31 Deputy Administrators, and Animal Control Wardens may issue
32 and serve shall not have the power of police officers except
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1 for the purposes of issuing and serving citations and orders
2 for violations of this Act. The Administrator, Deputy
3 Administrators, and Animal Control Wardens may not carry are
4 prohibited from carrying weapons unless they have been
5 specifically authorized to carry weapons by county ordinance.
6 Animal Control Wardens, however, may use tranquilizer guns
7 and equipment without specific weapons authorization.
8 A person authorized to carry firearms by county ordinance
9 under this subsection must have completed the training course
10 for peace officers prescribed in the Peace Officer Firearm
11 Training Act. The cost of this training shall be paid by the
12 county.
13 (c) The sheriff and all sheriff's and his deputies and
14 municipal police officers shall cooperate with the
15 Administrator in carrying out the provisions of this Act.
16 (Source: P.A. 87-1269.)
17 Section 10. The Illinois Diseased Animals Act is amended
18 by changing Sections 1, 3, 19, 22, and 24 as follows:
19 (510 ILCS 50/1) (from Ch. 8, par. 168)
20 Sec. 1. For the purposes of this Act:
21 "Department" means the Department of Agriculture of the
22 State of Illinois.
23 "Director" means the Director of the Illinois Department
24 of Agriculture, or his duly appointed representative.
25 "Contagious or infectious disease" means a specific
26 disease designated by the Department as contagious or
27 infectious under rules pertaining to this Act.
28 "Reportable disease" means a specific disease designated
29 by the Department as reportable under rules pertaining to
30 this Act.
31 "Infectious disease" means the reaction resulting from
32 the introduction into the body of a specific
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1 disease-producing organism or its toxic product.
2 "Contagious disease" means a specific infectious disease
3 which is readily transmitted from host to host by direct
4 contact or by means of an intermediate host.
5 "Animals" means domestic animals, poultry, and wild
6 animals in captivity.
7 (Source: P.A. 81-196.)
8 (510 ILCS 50/3) (from Ch. 8, par. 170)
9 Sec. 3. Upon its becoming known to the Department that
10 any animals are infected, or suspected of being infected,
11 with any contagious or infectious disease, the Department
12 shall have the authority to cause proper examination thereof
13 to be made; and if such disease is found to be of a
14 dangerously contagious or dangerously infectious nature,
15 shall order such diseased animals and such as have been
16 exposed to such disease, and the premises in or on which they
17 are, or have recently occupied, to be quarantined. The
18 Department may, in connection with any such quarantine, order
19 that no animal which has been or is so diseased, or exposed
20 to such disease, may be removed from the premises so
21 quarantined and that no animal susceptible to such disease
22 may be brought therein or thereon, except under such rules as
23 the Department may prescribe.
24 (Source: Laws 1961, p. 3164.)
25 (510 ILCS 50/19) (from Ch. 8, par. 186)
26 Sec. 19. Any railroad, truck, steamboat, transportation
27 or stockyard company violating any of the provisions of
28 Section 18, or any of the rules of the Department referred to
29 therein, shall be guilty of a business offense and shall be
30 fined in any sum not exceeding one thousand dollars ($1,000)
31 for each offense.
32 (Source: P.A. 77-2679.)
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1 (510 ILCS 50/22) (from Ch. 8, par. 189)
2 Sec. 22. Any veterinarian having information of the
3 existence of any reportable contagious or infectious disease
4 among animals in this State, who fails to promptly report
5 such knowledge to the Department, shall be guilty of a
6 business offense and shall be fined in any sum not exceeding
7 $1,000 for each offense Class A misdemeanor.
8 (Source: P.A. 77-2679.)
9 (510 ILCS 50/24) (from Ch. 8, par. 191)
10 Sec. 24. Any owner or person having charge of any animal
11 swine and having knowledge of, or reasonable grounds to
12 suspect the existence among them of, the disease known as
13 "hog cholera," or of any other contagious or infectious
14 disease and who does not use reasonable means to prevent the
15 spread of such disease; or who conveys upon or along any
16 public highway or other public grounds or any private lands,
17 any diseased animal swine, or animal swine known to have died
18 of, or been slaughtered on account of, any contagious or
19 infectious disease, shall be liable in damages to the person
20 or persons who may have suffered loss on account thereof.
21 (Source: Laws 1943, vol. 1, p. 24.)
22 Section 15. The Illinois Swine Disease Control and
23 Eradication Act is amended by changing Section 3 as follows:
24 (510 ILCS 100/3) (from Ch. 8, par. 503)
25 Sec. 3. It is the duty of the owner or person having
26 charge of any swine and having knowledge of or reasonable
27 grounds to suspect the existence among such swine of any
28 contagious or infectious disease, as defined in Section 1 of
29 the Illinois Diseased Animals Act, to use all reasonable
30 means to prevent the spread of the disease. When such
31 knowledge comes to such person that any swine had died of, or
HB0674 Enrolled -19- LRB9003582SMdv
1 had been slaughtered on account of any such disease, it is
2 such person's duty to immediately dispose of such swine as
3 provided in "An Act in relation to the disposal of dead
4 animals", approved July 16, 1941, as now or hereafter
5 amended.
6 (Source: P.A. 86-231.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.