HB3643 96TH GENERAL ASSEMBLY

LRB096 09611 JDS 19772 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3643

Introduced 2/24/2009, by Rep. Jim Sacia

SYNOPSIS AS INTRODUCED:

New Act
510 ILCS 70/2.01	from Ch. 8, par. 702.01
510 ILCS 70/5 rep.
510 ILCS 70/5.01 rep.

Creates the Equine Welfare Act, which is the same as applicable provisions of the Humane Care for Animals Act. Amends the Humane Care for Animals Act to exempt from that Act those equidae covered by the Equine Welfare Act.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning equidae.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Equine Welfare Act.

Section 5. Definitions. As used in this Act, unless the context otherwise requires, terms have the following meanings:

"Exigent circumstances" means a licensed veterinarian cannot be secured without undue delay and, in the opinion of the animal control warden, animal control administrator, Department of Agriculture investigator, approved humane investigator, or animal shelter employee, the equidae is so severely injured, diseased, or suffering that it is unfit for any useful purpose and to delay humane euthanasia would continue to cause the equidae extreme suffering.

"Animal control administrator" means a veterinarian licensed by the State of Illinois and appointed pursuant to the Animal Control Act, or his or her duly authorized representative.

"Department" means the Department of Agriculture.

"Department investigator" or "approved humane investigator" means a person employed by or approved by the Department to determine whether there has been a violation of this Act or an animal control warden or animal control administrator appointed under the Animal Control Act.

"Director" means the Director of Agriculture, or his or her duly appointed representative.

"Livestock management facility" means any on-farm animal feeding operation, on-farm livestock shelter, or on-farm milking and accompanying milk handling area.

"Owner" means any person who (i) has a right of property in an equid, (ii) keeps or harbors an equid, (iii) has an equid in his or her care, or (iv) acts as custodian of an equid.

"Person" means any individual, minor, firm, corporation, partnership, other business unit, society, association, or other legal entity, any public or private institution, the State of Illinois, or any municipal corporation or political subdivision of the State.

"Police equidae" means any equidae owned or used by a law enforcement department or agency in the course of the department or agency's work.

"Humanely euthanized" means the painless administration of a lethal dose of an agent or method of euthanasia as prescribed in the Report of the American Veterinary Medical Association Panel on Euthanasia published in the Journal of the American Veterinary Medical Association, March 1, 2001 (or any successor version of that Report), that causes the painless death of an equid. Equidae must be handled prior to administration of the agent or method of euthanasia in a manner to avoid undue apprehension by the equid.

Section 10. Owner's duties. Each owner shall provide for each of his or her equidae:

(a) sufficient quantity of good quality, wholesome food and water;

(b) adequate shelter and protection from the weather;

(c) veterinary care when needed to prevent suffering; and

(d) humane care and treatment.

A person convicted of violating this Section is guilty of a Class B misdemeanor. A second or subsequent violation is a Class 4 felony with every day that a violation continues constituting a separate offense. In addition to any other penalty provided by law, upon conviction for violating this Section, the court may order the convicted person to undergo a psychological or psychiatric evaluation and to undergo any treatment at the convicted person's expense that the court determines to be appropriate after due consideration of the evaluation. If the convicted person is a juvenile, the court must order the convicted person to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation.

Section 15. Cruel treatment. No person or owner may beat, cruelly treat, torment, starve, overwork or otherwise abuse any equidae.

No owner may abandon any equid where it may become a public charge or may suffer injury, hunger, or exposure.

A person convicted of violating this Section is guilty of a Class A misdemeanor. A second or subsequent conviction for a violation of this Section is a Class 4 felony. In addition to any other penalty provided by law, upon conviction for violating this Section, the court may order the convicted person to undergo a psychological or psychiatric evaluation and to undergo any treatment at the convicted person's expense that the court determines to be appropriate after due consideration of the evidence. If the convicted person is a juvenile, the court must order the convicted person to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation.

Section 20. Equid torture.

(a) A person commits animal torture when that person without legal justification knowingly or intentionally tortures an equid. For purposes of this Section, and subject to subsection (b), "torture" means infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering, or agony of the equid.

(b) For the purposes of this Section, "equid torture" does not include any death, harm, or injury caused to any equid by any of the following activities:

(1) any hunting, fishing, trapping, or other activity allowed under the Wildlife Code, the Wildlife Habitat Management Areas Act, or the Fish and Aquatic Life Code;

(2) any alteration or destruction of any equidae done by any person or unit of government pursuant to statute, ordinance, court order, or the direction of a licensed veterinarian;

(3) any alteration or destruction of any equid by any person for any legitimate purpose, including, but not limited to: castration, culling, ear cropping, euthanasia, gelding, grooming, neutering, polling, shearing, shoeing, slaughtering, spaying, tail docking, and vivisection; and

(4) any other activity that may be lawfully done to an equid.

(c) A person convicted of violating this Section is guilty of a Class 3 felony. As a condition of the sentence imposed under this Section, the court shall order the offender to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation.

Section 25. Depiction of equine cruelty.

(a) "Depiction of equine cruelty" means any visual or auditory depiction, including any photograph, motion-picture film, video recording, electronic image, or sound recording, that would constitute a violation of this Act.

(b) No person may knowingly create, sell, market, offer to market or sell, or possess a depiction of equine cruelty. No person may place that depiction in commerce for commercial gain or entertainment. This Section does not apply when the depiction has religious, political, scientific, educational, law enforcement or humane investigator training, journalistic, artistic, or historical value; or involves rodeos, sanctioned livestock events, or normal husbandry practices.

The creation, sale, marketing, offering to sell or market, or possession of the depiction of equine cruelty is illegal regardless of whether the maiming, mutilation, torture, wounding, abuse, killing, or any other conduct took place in this State.

(c) Any person convicted of violating this Section is guilty of a Class A misdemeanor. A second or subsequent violation is a Class 4 felony. In addition to any other penalty provided by law, upon conviction for violating this Section, the court may order the convicted person to undergo a psychological or psychiatric evaluation and to undergo any treatment at the convicted person's expense that the court determines to be appropriate after due consideration of the evaluation. If the convicted person is a juvenile, the court shall order the convicted person to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation.

Section 30. Equidae in entertainment.

(a) No person may own, capture, breed, train, or lease any equid that he or she knows or should know is intended for use in any show, exhibition, program, or other activity featuring or otherwise involving a fight between such equidae and any other animal or human, or the intentional killing of any equid for the purpose of sport, wagering, or entertainment.

(b) No person shall promote, conduct, carry on, advertise, collect money for or in any other manner assist or aid in the presentation for purposes of sport, wagering, or entertainment, any show, exhibition, program, or other activity involving a fight between 2 or more equidae or any animal and human, or the intentional killing of any equid.

(c) No person shall sell or offer for sale, ship, transport, or otherwise move, or deliver or receive any equidae that he or she knows or should know has been captured, bred, or trained, or will be used, to fight another animal or human or be intentionally killed, for the purpose of sport, wagering, or entertainment.

(d) No person shall manufacture for sale, shipment, transportation or delivery any device or equipment which that person knows or should know is intended for use in any show, exhibition, program, or other activity featuring or otherwise involving a fight between 2 or more equidae, or any human and equidae, or the intentional killing of any equid for purposes of sport, wagering, or entertainment.

(e) No person shall own, possess, sell or offer for sale, ship, transport, or otherwise move any equipment or device which such person knows or should know is intended for use in connection with any show, exhibition, program, or activity featuring or otherwise involving a fight between 2 or more equidae, or any equid and human, or the intentional killing of any equid for purposes of sport, wagering, or entertainment.

(f) No person shall make available any site, structure, or facility, whether enclosed or not, which he or she knows or should know is intended to be used for the purpose of conducting any show, exhibition, program, or other activity involving a fight between 2 or more equidae, or any equid and human, or the intentional killing of any equid.

(g) No person shall attend or otherwise patronize any show, exhibition, program, or other activity featuring or otherwise involving a fight between 2 or more equidae, or any equidae and human, or the intentional killing of any equidae for the purposes of sport, wagering, or entertainment.

(h) Any equidae or equipment involved in a violation of this Section shall be immediately seized and impounded by the Department when located at any show, exhibition, program, or other activity featuring or otherwise involving an equidae fight for the purposes of sport, wagering, or entertainment.

(i) Any vehicle or conveyance other than a common carrier that is used in violation of this Section shall be seized, held, and offered for sale at public auction by the sheriff's department of the proper jurisdiction, and the proceeds from the sale shall be remitted to the general fund of the county where the violation took place.

(j) Any veterinarian in this State who is presented with an equidae for treatment of injuries or wounds resulting from fighting where there is a reasonable possibility that the equidae was engaged in or used for a fighting event for the purposes of sport, wagering, or entertainment shall file a report with the Department and cooperate by furnishing the owners' names, dates, and descriptions of the equidae involved. Any veterinarian who in good faith complies with the requirements of this subsection has immunity from any liability, civil, criminal, or otherwise, that may result from his or her actions. For the purposes of any proceedings, civil or criminal, the good faith of the veterinarian shall be rebuttably presumed.

(k) No person shall solicit a minor to violate this Section.

(l) The penalties for violations of this Section shall be as follows:

(1) A person convicted of violating subsection (a), (b), or (c) of this Section or any rule, regulation, or order of the Department pursuant thereto is guilty of a Class 4 felony for the first offense. A second or subsequent offense involving the violation of subsection (a), (b), or (c) of this Section or any rule, regulation, or order of the Department pursuant thereto is a Class 3 felony.

(2) A person convicted of violating subsection (d), (e), or (f) of this Section or any rule, regulation, or order of the Department pursuant thereto is guilty of a Class A misdemeanor for the first offense. A second or subsequent violation is a Class 4 felony.

(3) A person convicted of violating subsection (g) of this Section or any rule, regulation, or order of the Department pursuant thereto is guilty of a Class C misdemeanor.

(4) A person convicted of violating subsection (l) of this Section is guilty of a Class A misdemeanor.

Section 35. Arrests; reports.

(a) Any law enforcement officer making an arrest for an offense involving one or more animals under Section 30 of this Act shall lawfully take possession of all equidae and all paraphernalia, implements, or other property or things used or employed, or about to be employed, in the violation of any of the provisions of Section 30 of this Act. When a law enforcement officer has taken possession of such equidae, paraphernalia, implements, or other property or things, he or she shall file with the court before whom the complaint is made against any person so arrested an affidavit stating therein the name of the person charged in the complaint, a description of the property so taken and the time and place of the taking thereof together with the name of the person from whom the same was taken and name of the person who claims to own such property, if different from the person from whom the equidae were seized and if known, and that the affiant has reason to believe and does believe, stating the ground of the belief, that the equidae and property so taken were used or employed, or were about to be used or employed, in a violation of Section 30 of this Act. He or she shall thereupon deliver an inventory of the property so taken to the court of competent jurisdiction. A law enforcement officer may humanely euthanize equidae that are severely injured.

An owner whose equidae are removed for a violation of Section 30 of this Act must be given written notice of the circumstances of the removal and of any legal remedies available to him or her. The notice must be posted at the place of seizure or delivered to a person residing at the place of seizure or, if the address of the owner is different from the address of the person from whom the equidae were seized, delivered by registered mail to his or her last known address.

Upon the conviction of the person so charged, all equidae shall be adopted or humanely euthanized and property so seized shall be adjudged by the court to be forfeited. Any outstanding costs incurred by the impounding facility in boarding and treating the equidae pending the disposition of the case and disposing of the equidae upon a conviction must be borne by the person convicted. In no event may the equidae be adopted by the defendant or anyone residing in his or her household. If the court finds that the State either failed to prove the criminal allegations or failed to prove that the equidae were used in fighting, the court must direct the delivery of the equidae and the other property not previously forfeited to the owner of the equidae and property.

Any person authorized by this Section to care for an equidae, to treat an equidae, or to attempt to restore an equidae to good health and who is acting in good faith is immune from any civil or criminal liability that may result from his or her actions.

An animal control warden, animal control administrator, animal shelter employee, or approved humane investigator may humanely euthanize severely injured, diseased, or suffering equidae in exigent circumstances.

(b) Any veterinarian in this State who is presented with an equid for treatment of injuries or wounds resulting from fighting where there is a reasonable possibility that the equid was engaged in or used for a fighting event shall file a report with the Department and cooperate by furnishing the owners' names, date of receipt of the equid and treatment administered, and descriptions of the equid involved. Any veterinarian who in good faith makes a report, as required by this subsection (b), is immune from any liability, civil, criminal, or otherwise, resulting from his or her actions. For the purposes of any proceedings, civil or criminal, the good faith of any such veterinarian shall be presumed.

Section 40. Teasing, striking, or tampering with police equidae. It shall be unlawful for any person to willfully and maliciously taunt, torment, tease, beat, strike, or administer or subject any desensitizing drugs, chemicals or substance to any equid used by a law enforcement officer in the performance of his or her functions or duties, or when placed in confinement off duty or any police equid in training. It is unlawful for any person to interfere or meddle with any equidae used by a law enforcement department or agency or any handler thereof in the performance of the functions or duties of the department or agency or any law enforcement equidae in training.

Any person convicted of violating this Section is guilty of a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.

Section 45. Injuring or killing police equidae. It shall be unlawful for any person to willfully or maliciously torture, mutilate, injure, disable, poison, or kill any equid used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when placed in confinement off duty or any law enforcement equidae in training. However, a police officer or veterinarian may perform euthanasia in emergency situations when delay would cause the equid undue suffering and pain.

A person convicted of violating this Section is guilty of a Class 4 felony if the equid is not killed or totally disabled; if the equid is killed or totally disabled, the person is guilty of a Class 3 felony.

Section 50. Lame or disabled equidae. No person shall sell, offer to sell, lead, ride, transport, or drive on any public way any equidae which, because of debility, disease, lameness or any other cause, could not be worked in this State without violating this Act. Such equidae may be conveyed to a proper place for medical or surgical treatment or for humane keeping or euthanasia.

A person convicted of violating this Section or any rule, regulation, or order of the Department pursuant thereto is guilty of a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.

Section 55. Equidae poling or tripping.

(a) As used in this Section:

"Pole" means to use a method of training an equidae that consists of (i) forcing, persuading, or enticing an equid to jump so that one or more of its legs contacts an obstruction consisting of any kind of wire, or a pole, stick, rope, or other object in which is embedded brads, nails, tacks, or other sharp points or (ii) raising, throwing, or moving a pole, stick, wire, rope, or other object against one or more legs of an equid while it is jumping an obstruction so that the equidae, in either case, is induced to raise its leg or legs higher in order to clear the obstruction.

"Trip" means to use a wire, rope, pole, stick, or other object or apparatus to cause an equid to fall or lose its balance.

(b) No person may knowingly pole or trip an equid by any means for entertainment or sport purposes.

(c) This Section does not prohibit the lawful laying down of an equid for medical or identification purposes.

(d) A person convicted of violating this Section is guilty of a Class A misdemeanor. A second or subsequent violation of this Section is a Class 4 felony.

Section 60. Poisoning prohibited. No person may knowingly poison or cause to be poisoned any equid. The only exception will be by written permit from the Department for the purpose of controlling diseases transmissible to humans or other animals and only when all other methods and means have been exhausted. Such a written permit shall name the person or persons conducting the poisoning, specify the products to be used, give the boundaries of the area involved, and specify the precautionary measures to be employed to insure the safety of humans and other animals.

This Section does not prohibit the use of a euthanasia drug by a euthanasia agency for the purpose of animal euthanasia, provided that the euthanasia drug is used by or under the direction of a licensed veterinarian or certified euthanasia technician, all as defined in and subject to the Humane Euthanasia in Animal Shelters Act.

A person convicted of violating this Section or any rule, regulation, or order of the Department pursuant thereto is guilty of a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.

Section 65. Confinement or detention during transportation. No owner, railroad or other common carrier may, when transporting any equid, allow that equid to be confined in any type of conveyance more than 28 consecutive hours without being exercised as necessary for that equid and without being properly rested, fed, and watered; except that a reasonable extension of this time limit shall be granted when a storm or accident causes a delay. In the case of default of the owner or consignee, the company transporting the equid shall exercise the equid, when necessary for the equid and for the proper resting, feeding, watering, and sheltering of such equid, and shall have a lien upon the equid until all expenses resulting therefrom have been paid.

Any person who intentionally or negligently without jurisdiction of law detains a shipment of equidae long enough to endanger the health or safety of the equidae is liable to the owner for any diminution in the value or death of the equidae.

Authorities detaining an equidae shipment shall give priority to the health and safety of the equidae and shall expeditiously handle any legal violation so that the intact shipment may safely reach its designated destination.

A person convicted of violating this Section or any rule, regulation, or order of the Department pursuant thereto, is guilty of a Class B misdemeanor. A second or subsequent violation is a Class 4 felony, with every day that a violation continues constituting a separate offense.

Section 70. Confinement in motor vehicle. No owner or person shall confine any equid in a motor vehicle in such a manner that places it in a life or health threatening situation by exposure to a prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of an equid, an animal control officer, law enforcement officer, or Department investigator who has probable cause to believe that this Section is being violated shall have authority to enter such motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible.

A person convicted of violating this Section is guilty of a Class C misdemeanor. A second or subsequent violation is a Class B misdemeanor.

Section 75. Downed equidae.

(a) For the purpose of this Section a downed equid is one incapable of walking without assistance.

(b) No downed equid shall be sent to a stockyard, auction, or other facility where its impaired mobility may result in suffering.

(c) A downed equid sent to a stockyard, auction, or other facility in violation of this Section shall be humanely euthanized, the disposition of such equid shall be the responsibility of the owner, and the owner shall be liable for any expense incurred.

If an equid becomes downed in transit it shall be the responsibility of the carrier.

(d) A downed equid shall not be transported unless individually segregated.

(e) A person convicted of violating this Section or any rule, regulation, or order of the Department pursuant thereto is guilty of a Class B misdemeanor. A second or subsequent violation is a Class 4 felony, with every day that a violation continues constituting a separate offense.

Section 80. Administration of Act. The Department shall administer this Act and shall promulgate such rules and regulations as are necessary to effectuate the purposes of this Act.

The Director may, in formulating rules and regulations pursuant to this Act, seek the advice and recommendations of equine societies in this State.

Section 85. Humane investigators; qualifications. The Department shall, by rule or regulation, establish reasonable qualifications for approved humane investigators and shall maintain a current listing of all approved humane investigators which shall be available for public inspection. These qualifications shall include, but need not be limited to, a knowledge of the provisions of this Act and its rules and regulations and expertise in the investigation of complaints relating to the care and treatment of equidae. Persons designated as humane investigators shall cooperate, when requested, in completing routine investigations and filing reports of violations of this Act received by the Department.

Employees of the Department may be assigned as Department investigators.

Section 90. Investigation of complaints.

(a) Upon receiving a complaint of a suspected violation of this Act, a Department investigator, any law enforcement official, or an approved humane investigator may, for the purpose of investigating the allegations of the complaint, enter during normal business hours upon any premises where the equidae described in the complaint are housed or kept, provided such entry shall not be made into any building which is a person's residence, except by search warrant or court order. Institutions operating under federal license to conduct laboratory experimentation using equidae for research or medical purposes are, however, exempt from the provisions of this Section. State's Attorneys and law enforcement officials shall provide such assistance as may be required in the conduct of such investigations. Any such investigation requiring legal procedures shall be immediately reported to the Department. No employee or representative of the Department shall enter a livestock management facility unless sanitized footwear is used, or unless the owner or operator of the facility waives this requirement. The employee or representative must also use any other reasonable disease prevention procedures or equipment provided by the owner or operator of the facility.

(b) Any veterinarian acting in good faith is immune from any civil or criminal liability resulting from his or her actions under this Section. The good faith on the part of the veterinarian is presumed.

Section 95. Notice of violation.

(a) If an investigation discloses that a violation of this Act has been committed, the approved humane investigator shall furnish the violator, if known, with a notice of violation, and state what action is necessary to come into compliance with this Act and that a maximum of 48 hours may be granted in which to take corrective action.

(b) If the violator fails or refuses to take corrective action necessary for compliance or if the violator is still unknown after an attempt to identify ownership, the humane investigator shall contact the Department and request authorization to impound the equidae. The Department will authorize impoundment if a review of facts gathered by the humane investigator indicates a violation of Section 10 of this Act has occurred and the violator, if known, has failed or refused to take corrective action necessary for compliance.

Section 100. Impounding equidae.

(a) When an approved humane investigator, a Department investigator or a veterinarian finds that a violation of this Act has rendered an equid in such a condition that no remedy or corrective action by the owner is possible, the Department must impound or order the impoundment of the equid. If the violator fails or refuses to take corrective action necessary for compliance with this Act, the Department may impound the equid. If the equid is ordered impounded, it shall be impounded in a facility or at another location where the elements of good care can be provided, and where such equid shall be examined and treated by a licensed veterinarian or, if the equid is severely injured, diseased, or suffering, humanely euthanized. Any expense incurred in the impoundment shall become a lien on the equid.

(b) Emergency impoundment may be exercised in a life-threatening situation and the subject equid shall be conveyed directly to a licensed veterinarian for medical services necessary to sustain life or to be humanely euthanized as determined by the veterinarian. If such emergency procedure is taken by an animal control officer, the Department shall be notified.

(c) A notice of impoundment shall be given by the investigator to the violator, if known, in person or sent by certified or registered mail. If the investigator is not able to serve the violator in person or by registered or certified mail, the notice may be given by publication in a newspaper of general circulation in the county in which the violator's last known address is located. A copy of the notice shall be retained by the investigator and a copy forwarded immediately to the Department. The notice of impoundment shall include the following:

(1) A number assigned by the Department which will also be given to the impounding facility accepting the responsibility of the equidae.

(2) Listing of deficiencies noted.

(3) An accurate description of the equidae involved.

(4) Date on which the equidae were impounded.

(5) Signature of the investigator.

(6) A statement that: "The violator may request a hearing to appeal the impoundment. A person desiring a hearing shall contact the Department of Agriculture within 7 days from the date of impoundment" and the Department must hold an administrative hearing within 7 business days after receiving a request to appeal the impoundment. If the hearing cannot be held prior to the expiration of the 7-day impoundment period, the Department shall notify the impounding facility that it cannot sell, offer for adoption, or dispose of the equidae until a final decision is rendered and all of the appeal processes have expired.

If a hearing is requested by any owner of impounded equidae, the Hearing Officer shall, after hearing the testimony of all interested parties, render a decision within 5 business days regarding the disposition of the impounded equidae. This decision by the Hearing Officer shall have no effect on the criminal charges that may be filed with the appropriate authorities.

If an owner of an animal used for fighting purposes requests a hearing, the animal control having control of the equid may file a petition with the court in the county where the impoundment took place requesting that the person from whom the equidae were seized or the owner of the equidae be ordered to post security pursuant to this Act.

If the court orders the posting of security, the security must be posted with the clerk of the court within 5 business days after the hearing. If the person ordered to post security does not do so, the court must order the Department of Agriculture to hold a hearing on the impoundment within 5 business days. If, upon final administrative or judicial determination, it is found that it is not in the best interest of the equidae to be returned to the person from whom they were seized, the equidae are forfeited to the animal control or having control of the equidae. If no petition for the posting of security is filed or a petition was filed and granted but the person failed to post security, any expense incurred in the impoundment shall remain outstanding until satisfied by the owner or the person from whom the equidae were impounded.

When the impoundment is not appealed, the equidae are forfeited and the animal control in charge of the equidae may lawfully and without liability provide for adoption of the equidae by a person other than the person who forfeited the equidae, or any person or persons dwelling in the same household as the person who forfeited the equidae, or it may humanely euthanize the equidae.

Section 105. Scope of Act. Nothing in this Act affects normal, good husbandry practices used by any person in the production of food, work animals, or in the extermination of undesirable pests. In case of any alleged conflict between this Act, or regulations adopted hereunder, and the Humane Care for Animals Act, the provisions of this Act shall prevail.

Section 110. Judicial review. Any person affected by a final administrative decision of the Department may have such decision reviewed judicially by the circuit court of the county wherein the person resides, or in the case of a corporation, the county where its registered office is located. If the plaintiff in the review proceeding is not a resident of this State, the venue shall be in Sangamon County. The Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto, apply to and govern all proceedings for the judicial review of final administrative decisions of the Department hereunder. The term "administrative decision" is defined in Section 3-101 of the Code of Civil Procedure.

The Department may not be required to certify the record of the proceeding unless the plaintiff in the review proceedings first pays the sum of 75˘ per page of such record. Exhibits shall be certified without cost.

Section 115. Severability. If any provision of this Act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, by a court of competent jurisdiction, the constitutionality of the remainder of this Act and the applicability thereof to other persons and circumstances shall not be affected thereby.

Section 120. Defenses. It is not a defense to violations of this Act for the person committing the violation to assert that he or she had rights of ownership in the equidae that was the victim of the violation.

Section 125. Corporations. Corporations may be charged with violations of this Act for the acts of their employees or agents who violate this Act in the course of their employment or agency.

Section 130. Emergency care to an equid; immunity from civil liability. Any person, including without limitation any person licensed under the Veterinary Medicine and Surgery Practice Act of 2004 or licensed as a veterinarian in any other state or territory of the United States, who in good faith provides emergency care or treatment without fee to an injured equid or an equid separated from its owner due to an emergency or a disaster is not liable for civil damages as a result of his or her acts or omissions in providing or arranging further care or treatment, except for willful or wanton misconduct.

Section 135. Penalties.

(a) Any person convicted of any act of abuse or neglect or of violating any other provision of this Act, for which a penalty is not otherwise provided, or any rule, regulation, or order of the Department pursuant thereto, is guilty of a Class B misdemeanor. A second or subsequent violation is a Class 4 felony with every day that a violation continues constituting a separate offense.

(b) The Department may enjoin a person from a continuing violation of this Act.

Section 280. The Humane Care for Animals Act is amended by changing Section 2.01 as follows:

(510 ILCS 70/2.01) (from Ch. 8, par. 702.01)

Sec. 2.01.

"Animal" means every living creature, domestic or wild, but does not include man and does not include equidae protected under the Equine Welfare Act.

(Source: P.A. 78-905.)

(510 ILCS 70/5 rep.)

(510 ILCS 70/5.01 rep.)

Section 285. The Humane Care for Animals Act is amended by repealing Sections 5 and 5.01.