Full Text of SB0648 98th General Assembly
SB0648sam001 98TH GENERAL ASSEMBLY | Sen. Andy Manar Filed: 4/10/2014
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| 1 | | AMENDMENT TO SENATE BILL 648
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 648 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Animal Welfare Act is amended by changing | 5 | | Sections 3.4 and 10 as follows: | 6 | | (225 ILCS 605/3.4) | 7 | | Sec. 3.4. Release of animals to shelters. | 8 | | (a) An animal shelter or animal control facility may not | 9 | | release any animal to an individual representing an animal | 10 | | shelter, unless (1) the recipient animal shelter has been | 11 | | licensed or has a foster care permit issued by the Department | 12 | | or (2) the individual is a representative of a not-for-profit, | 13 | | out-of-State organization and the animal is being transferred | 14 | | out of the State of Illinois . | 15 | | (b) No animal shelter may impound or accept a stray dog or | 16 | | cat, unless such animal is released to the animal control |
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| 1 | | facility or law enforcement officer with jurisdiction the next | 2 | | business day. Any animal shelter that impounds or accepts a | 3 | | stray dog or cat and does not transfer the animal to the local | 4 | | animal control or law enforcement official by the
next business | 5 | | day shall be in violation of this Act and shall be fined. An | 6 | | animal shelter may only accept an animal from its owner if the | 7 | | owner signs a relinquishment form that states he or she is the | 8 | | owner of the animal, an animal shelter licensed under this Act, | 9 | | or an out-of-state animal control facility, rescue group, or | 10 | | animal shelter that is duly licensed in their state or is a | 11 | | not-for-profit organization. | 12 | | (c) No representative of an animal shelter may enter upon | 13 | | private property and remove
an animal, nor can any | 14 | | representative of an animal shelter direct another person to | 15 | | enter upon private property and remove an animal, without a | 16 | | search warrant or court order. Any animal shelter that impounds | 17 | | an animal without approval from the Department shall be fined | 18 | | and is subject to a suspension or revocation of its license at | 19 | | an administrative hearing by the Department. | 20 | | (d) An animal shelter that accepts animals from animal | 21 | | shelters or animal control facilities from out of state must | 22 | | require a certificate of veterinary inspection from the state | 23 | | where the animal originates. If the animal accepted is a dog | 24 | | over the age of 4 months, it must be vaccinated for rabies and | 25 | | listed as such on the certificate of veterinary inspection. | 26 | | (e) Nothing in this Section limits an animal shelter and an |
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| 1 | | animal control facility that,
through mutual agreement, wish to | 2 | | enter into an agreement for animal control, boarding, holding, | 3 | | or other services, provided that the agreement requires that | 4 | | the parties
adhere to the provisions of the Animal Control Act, | 5 | | the Humane Euthanasia in Animal Shelters Act, and the Humane | 6 | | Care for Animals Act.
| 7 | | (Source: P.A. 96-314, eff. 8-11-09.)
| 8 | | (225 ILCS 605/10) (from Ch. 8, par. 310)
| 9 | | Sec. 10. Grounds for discipline. The Department may refuse | 10 | | to issue or
renew or may suspend or
revoke a license on any one | 11 | | or more of the following grounds:
| 12 | | a. Material misstatement in the application for original | 13 | | license or in
the application for any renewal license under | 14 | | this Act;
| 15 | | b. A violation of this Act or of any regulations
or
rules | 16 | | issued pursuant thereto;
| 17 | | c. Aiding or abetting another in the violation of this Act | 18 | | or
of any regulation or rule issued pursuant thereto;
| 19 | | d. Allowing one's license under this Act to be used by an | 20 | | unlicensed
person;
| 21 | | e. Conviction of any crime an essential element of which is
| 22 | | misstatement, fraud or dishonesty or conviction of any felony, | 23 | | if the
Department determines, after investigation, that such | 24 | | person has not been
sufficiently rehabilitated to warrant the | 25 | | public trust;
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| 1 | | f. Conviction of a violation of any law of Illinois except | 2 | | minor
violations such as traffic violations and violations not | 3 | | related to the
disposition of dogs, cats and other animals or | 4 | | any rule or regulation of
the Department relating to dogs or | 5 | | cats and sale thereof;
| 6 | | g. Making substantial misrepresentations or false promises | 7 | | of a
character likely to influence, persuade or induce in | 8 | | connection with the
business of a licensee under this Act;
| 9 | | h. Pursuing a continued course of misrepresentation of or | 10 | | making false
promises through advertising, salesman, agents or | 11 | | otherwise in connection
with the business of a licensee under | 12 | | this Act;
| 13 | | i. Failure to possess the necessary qualifications or to | 14 | | meet the
requirements of the Act for the issuance or holding a | 15 | | license; or
| 16 | | j. Proof that the licensee is guilty of gross negligence,
| 17 | | incompetency, or cruelty with regard to animals.
| 18 | | The Department may refuse to issue or may suspend the | 19 | | license
of any person who fails to file a return, or to pay the | 20 | | tax, penalty or
interest shown in a filed return, or to pay any | 21 | | final assessment of tax,
penalty or interest, as required by | 22 | | any tax Act administered by the
Illinois Department of Revenue, | 23 | | until such time as the requirements of any
such tax Act are | 24 | | satisfied.
| 25 | | The Department may order any licensee to cease operation | 26 | | for a period not
to exceed 72 hours to correct deficiencies in |
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| 1 | | order to meet licensing
requirements. | 2 | | If the Department revokes a license under this Act at an | 3 | | administrative hearing, the licensee shall be prohibited from | 4 | | applying for or obtaining a license under this Act for at least | 5 | | 3 years after the revocation.
| 6 | | (Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97; | 7 | | 90-403, eff.
8-15-97.)
| 8 | | Section 10. The Humane Care for Animals Act is amended by | 9 | | changing Section 9 as follows:
| 10 | | (510 ILCS 70/9) (from Ch. 8, par. 709)
| 11 | | Sec. 9. Humane investigators; qualifications. The | 12 | | Department shall, by rule or regulation, establish reasonable
| 13 | | qualifications for approved humane investigators and shall | 14 | | maintain a
current listing of all approved humane investigators | 15 | | which shall be
available for public inspection. These | 16 | | qualifications shall
include, but
need not be limited to, a | 17 | | knowledge of the provisions of this Act and its rules and | 18 | | regulations and expertise in the
investigation of complaints | 19 | | relating to the care and treatment of animals.
Persons | 20 | | designated as humane investigators shall cooperate, when | 21 | | requested,
in
completing routine investigations and filing | 22 | | reports of violations of this Act
received by the Department. | 23 | | Persons designated as humane investigators shall notify local | 24 | | law enforcement or the local animal control agency prior to |
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| 1 | | conducting an investigation into a complaint within the | 2 | | jurisdiction of such law enforcement or animal control agency.
| 3 | | Employees of the Department may be assigned as Department | 4 | | investigators. | 5 | | A person designated as a humane investigator may have his | 6 | | or her approval suspended or revoked if: | 7 | | (1) the person identifies himself or herself as a | 8 | | government employee and not as an approved
humane | 9 | | investigator sponsored by a licensed animal shelter or | 10 | | humane society; | 11 | | (2) the person gives false or misleading information to | 12 | | a State's Attorney, law enforcement official, licensed | 13 | | animal control agency, or the Department; | 14 | | (3) the person impounds an animal without obtaining the | 15 | | required impoundment number and approval from the | 16 | | Department; or | 17 | | (4) the person identifies a violation of Section 3 or | 18 | | other Section of this Act and fails to give proper | 19 | | notification to correct the violation. | 20 | | The animal shelter or humane society sponsoring a person | 21 | | designated as a humane investigator shall be fined and is | 22 | | subject to have its license suspended or revoked if the person | 23 | | designated as a humane investigator is found to have committed | 24 | | one of the infractions listed in this Section in an | 25 | | administrative hearing by the Department.
| 26 | | (Source: P.A. 88-600, eff. 9-1-94.)".
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