State of Illinois
90th General Assembly
Legislation

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90_HB0674ham001

                                             LRB9003582NTsbam
 1                     AMENDMENT TO HOUSE BILL 674
 2        AMENDMENT NO.     .  Amend House Bill 674 on page  1,  by
 3    replacing lines 1 and 2 with the following:
 4        "AN  ACT  concerning  regulation  by  the  Department  of
 5    Agriculture, amending named Acts."; and
 6    on page 1, below line 4, by inserting the following:
 7        "Section 2.  The Civil Administrative Code of Illinois is
 8    amended by changing Section 40.36 as follows:
 9        (20 ILCS 205/40.36) (from Ch. 127, par. 40.36)
10        Sec.  40.36.   To  establish and administer the "Illinois
11    Product Grown" label program, whereby  the  Department  shall
12    design  and  produce a label with the words "Illinois Product
13    Grown" on it which may be placed  on  food  and  agribusiness
14    commodities  each  container of fresh fruit, vegetables, meat
15    or other food  commodity  produced,  processed,  or  packaged
16    originating in Illinois.
17    (Source: P.A. 85-1209.)
18        Section 3.  The Animal Welfare Act is amended by changing
19    Sections 2 and 10 and adding Section 6.5 as follows:
                            -2-              LRB9003582NTsbam
 1        (225 ILCS 605/2) (from Ch. 8, par. 302)
 2        Sec.  2.  Definitions.  As  used  in  this Act unless the
 3    context otherwise requires:
 4        "Department"   means   the   Illinois    Department    of
 5    Agriculture.
 6        "Director"  means the Director of the Illinois Department
 7    of Agriculture.
 8        "Pet shop operator" means any person who sells, offers to
 9    sell, exchange, or offers for adoption with or without charge
10    or donation dogs,  cats,  birds,  fish,  reptiles,  or  other
11    animals customarily obtained as pets in this State.  However,
12    a person who sells only such animals that he has produced and
13    raised shall not be considered a pet shop operator under this
14    Act,  and  a  veterinary  hospital  or  clinic  operated by a
15    veterinarian or veterinarians licensed under  the  Veterinary
16    Medicine  and  Surgery  Practice  Act  of  1994  shall not be
17    considered a pet shop operator under this Act.
18        "Dog dealer" means any person who sells, offers to  sell,
19    exchange,  or  offers  for adoption with or without charge or
20    donation dogs in this State. However, a person who sells only
21    dogs that he has produced and raised shall not be  considered
22    a  dog  dealer  under  this Act, and a veterinary hospital or
23    clinic operated by a veterinarian or  veterinarians  licensed
24    under  the  Veterinary  Medicine  and Surgery Practice Act of
25    1994 shall not be considered a dog dealer under this Act.
26        "Secretary  of  Agriculture"  or  "Secretary"  means  the
27    Secretary of Agriculture of the United States  Department  of
28    Agriculture.
29        "Person"    means    any   person,   firm,   corporation,
30    partnership, association or other legal entity, any public or
31    private institution, the State of Illinois, or any  municipal
32    corporation or political subdivision of the State.
33        "Kennel  operator"  means  any  person  who  operates  an
34    establishment,   other   than  an  animal  control  facility,
                            -3-              LRB9003582NTsbam
 1    veterinary hospital, or animal shelter, where  dogs  or  dogs
 2    and  cats  are  maintained  for boarding, training or similar
 3    purposes for a fee or compensation; or who sells,  offers  to
 4    sell, exchange, or offers for adoption with or without charge
 5    dogs  or  dogs  and cats which he has produced and raised.  A
 6    person who owns, has possession of,  or  harbors  5  or  less
 7    females  capable  of  reproduction  shall not be considered a
 8    kennel operator.
 9        "Cattery operator"  means  any  person  who  operates  an
10    establishment,  other  than  an  animal  control  facility or
11    animal shelter,  where  cats  are  maintained  for  boarding,
12    training  or  similar  purposes for a fee or compensation; or
13    who sells, offers to sell, exchange, or offers  for  adoption
14    with  or  without  charges  cats  which  he  has produced and
15    raised.  A person who owns, has possession of, or  harbors  5
16    or   less  females  capable  of  reproduction  shall  not  be
17    considered a cattery operator.
18        "Animal control facility" means any facility operated  by
19    or  under  contract  for  the State, county, or any municipal
20    corporation or political subdivision of  the  State  for  the
21    purpose  of  impounding or harboring seized, stray, homeless,
22    abandoned or unwanted dogs, cats, and other animals.  "Animal
23    control facility"  also  means  any  veterinary  hospital  or
24    clinic  operated  by a veterinarian or veterinarians licensed
25    under the Veterinary Medicine and  Surgery  Practice  Act  of
26    1994  which  operates  for  the  above  mentioned  purpose in
27    addition to its customary purposes.
28        "Animal shelter" means a  facility  operated,  owned,  or
29    maintained  by  a  duly  incorporated  humane society, animal
30    welfare society, or other  non-profit  organization  for  the
31    purpose   of   providing   for  and  promoting  the  welfare,
32    protection,  and  humane  treatment  of   animals.    "Animal
33    shelter"   also  means  any  veterinary  hospital  or  clinic
34    operated by a veterinarian or  veterinarians  licensed  under
                            -4-              LRB9003582NTsbam
 1    the  Veterinary  Medicine  and  Surgery  Practice Act of 1994
 2    which operates for the above mentioned purpose in addition to
 3    its customary purposes.
 4        "Foster  home"  means  an   entity   that   accepts   the
 5    responsibility  for  stewardship  of  animals  that  are  the
 6    obligation  of  an animal shelter, not to exceed 4 animals at
 7    any given time.  Permits to operate as a "foster home"  shall
 8    be issued through the animal shelter.
 9        "Guard  dog  service"  means  an  entity that, for a fee,
10    furnishes or leases guard or sentry dogs for  the  protection
11    of  life  or  property.   A person is not a guard dog service
12    solely because he or she owns a dog and uses it to guard  his
13    or her home, business, or farmland.
14        "Guard  dog"  means  a type of dog used primarily for the
15    purpose of defending, patrolling, or protecting  property  or
16    life at a commercial establishment other than a farm.  "Guard
17    dog"  does not include stock dogs used primarily for handling
18    and controlling  livestock  or  farm  animals,  nor  does  it
19    include personally owned pets that also provide security.
20        "Sentry   dog"  means  a  dog  trained  to  work  without
21    supervision in a fenced facility other than a  farm,  and  to
22    deter   or  detain  unauthorized  persons  found  within  the
23    facility.
24    (Source: P.A. 88-424; 89-178, eff. 7-19-95.)
25        (225 ILCS 605/6.5 new)
26        Sec.  6.5.  Termination  of  application;  forfeiture  of
27    license fee.  Failure of any applicant to  meet  all  of  the
28    requirements  for  compliance  within 60 days of receipt of a
29    license  application  shall  result  in  termination  of  the
30    application and forfeiture of the license fee.
31        (225 ILCS 605/10) (from Ch. 8, par. 310)
32        Sec. 10.  Grounds for  discipline.   The  Department  may
                            -5-              LRB9003582NTsbam
 1    refuse  to  issue or renew or may suspend or revoke a license
 2    on any one or more of the following grounds:
 3        a.  Material misstatement in the application for original
 4    license or in the application for any renewal  license  under
 5    this Act;
 6        b.   A  violation  of  this  Act or of any regulations or
 7    rules issued pursuant thereto;
 8        c.  Aiding or abetting another in the violation  of  this
 9    Act or of any regulation or rule issued pursuant thereto;
10        d.   Allowing  one's license under this Act to be used by
11    an unlicensed person;
12        e.  Conviction of any crime an essential element of which
13    is misstatement, fraud or dishonesty  or  conviction  of  any
14    felony,  if  the  Department determines, after investigation,
15    that such person has not been sufficiently  rehabilitated  to
16    warrant the public trust;
17        f.  Conviction  of  a  violation  of  any law of Illinois
18    except  minor  violations  such  as  traffic  violations  and
19    violations not related to the disposition of dogs,  cats  and
20    other  animals  or  any  rule or regulation of the Department
21    relating to dogs or cats and sale thereof;
22        g.  Making  substantial   misrepresentations   or   false
23    promises  of  a  character  likely  to influence, persuade or
24    induce in connection with the business of  a  licensee  under
25    this Act;
26        h.  Pursuing  a  continued course of misrepresentation of
27    or  making  false  promises  through  advertising,  salesman,
28    agents or otherwise in connection  with  the  business  of  a
29    licensee under this Act; or
30        i.  Failure to possess the necessary qualifications or to
31    meet  the requirements of the Act for the issuance or holding
32    a license; or .
33        j.  Proof  that  the  licensee   is   guilty   of   gross
34    negligence, incompetency, or cruelty with regard to animals.
                            -6-              LRB9003582NTsbam
 1        The  Department  may  refuse  to issue or may suspend the
 2    license of any person who fails to file a return, or  to  pay
 3    the  tax,  penalty or interest shown in a filed return, or to
 4    pay any final assessment of  tax,  penalty  or  interest,  as
 5    required   by  any  tax  Act  administered  by  the  Illinois
 6    Department of Revenue, until such time as the requirements of
 7    any such tax Act are satisfied.
 8        The Department may order any licensee to cease  operation
 9    for  a  period not to exceed 72 hours to correct deficiencies
10    in order to meet licensing requirements.
11    (Source: P.A. 89-178, eff. 7-19-95.)".

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