Bill Text: IL SB0648 | 2013-2014 | 98th General Assembly | Engrossed
Bill Title: Amends the Public Utilities Act. Makes a technical change in a Section concerning recovery of costs associated with the provision of delivery services.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2014-05-21 - Tabled [SB0648 Detail]
Download: Illinois-2013-SB0648-Engrossed.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Animal Welfare Act is amended by changing | ||||||
5 | Sections 3.4 and 10 as follows:
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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 | ||||||
17 | facility or law enforcement officer with jurisdiction the next | ||||||
18 | business day. Any animal shelter that impounds or accepts a | ||||||
19 | stray dog or cat and does not transfer the animal to the local | ||||||
20 | animal control or law enforcement official by the
next business | ||||||
21 | day shall be in violation of this Act and shall be fined. An | ||||||
22 | animal shelter may only accept an animal from its owner if the | ||||||
23 | owner signs a relinquishment form that states he or she is the |
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1 | owner of the animal, an animal shelter licensed under this Act, | ||||||
2 | or an out-of-state animal control facility, rescue group, or | ||||||
3 | animal shelter that is duly licensed in their state or is a | ||||||
4 | not-for-profit organization. | ||||||
5 | (c) No representative of an animal shelter may enter upon | ||||||
6 | private property and remove
an animal, nor can any | ||||||
7 | representative of an animal shelter direct another person to | ||||||
8 | enter upon private property and remove an animal, without a | ||||||
9 | search warrant or court order. Any animal shelter that impounds | ||||||
10 | an animal without approval from the Department shall be fined | ||||||
11 | and is subject to a suspension or revocation of its license at | ||||||
12 | an administrative hearing by the Department. | ||||||
13 | (d) An animal shelter that accepts animals from animal | ||||||
14 | shelters or animal control facilities from out of state must | ||||||
15 | require a certificate of veterinary inspection from the state | ||||||
16 | where the animal originates. If the animal accepted is a dog | ||||||
17 | over the age of 4 months, it must be vaccinated for rabies and | ||||||
18 | listed as such on the certificate of veterinary inspection. | ||||||
19 | (e) Nothing in this Section limits an animal shelter and an | ||||||
20 | animal control facility that,
through mutual agreement, wish to | ||||||
21 | enter into an agreement for animal control, boarding, holding, | ||||||
22 | or other services, provided that the agreement requires that | ||||||
23 | the parties
adhere to the provisions of the Animal Control Act, | ||||||
24 | the Humane Euthanasia in Animal Shelters Act, and the Humane | ||||||
25 | Care for Animals Act.
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26 | (Source: P.A. 96-314, eff. 8-11-09.)
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1 | (225 ILCS 605/10) (from Ch. 8, par. 310)
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2 | Sec. 10. Grounds for discipline. The Department may refuse | ||||||
3 | to issue or
renew or may suspend or
revoke a license on any one | ||||||
4 | or more of the following grounds:
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5 | a. Material misstatement in the application for original | ||||||
6 | license or in
the application for any renewal license under | ||||||
7 | this Act;
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8 | b. A violation of this Act or of any regulations
or
rules | ||||||
9 | issued pursuant thereto;
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10 | c. Aiding or abetting another in the violation of this Act | ||||||
11 | or
of any regulation or rule issued pursuant thereto;
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12 | d. Allowing one's license under this Act to be used by an | ||||||
13 | unlicensed
person;
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14 | e. Conviction of any crime an essential element of which is
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15 | misstatement, fraud or dishonesty or conviction of any felony, | ||||||
16 | if the
Department determines, after investigation, that such | ||||||
17 | person has not been
sufficiently rehabilitated to warrant the | ||||||
18 | public trust;
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19 | f. Conviction of a violation of any law of Illinois except | ||||||
20 | minor
violations such as traffic violations and violations not | ||||||
21 | related to the
disposition of dogs, cats and other animals or | ||||||
22 | any rule or regulation of
the Department relating to dogs or | ||||||
23 | cats and sale thereof;
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24 | g. Making substantial misrepresentations or false promises | ||||||
25 | of a
character likely to influence, persuade or induce in |
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1 | connection with the
business of a licensee under this Act;
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2 | h. Pursuing a continued course of misrepresentation of or | ||||||
3 | making false
promises through advertising, salesman, agents or | ||||||
4 | otherwise in connection
with the business of a licensee under | ||||||
5 | this Act;
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6 | i. Failure to possess the necessary qualifications or to | ||||||
7 | meet the
requirements of the Act for the issuance or holding a | ||||||
8 | license; or
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9 | j. Proof that the licensee is guilty of gross negligence,
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10 | incompetency, or cruelty with regard to animals.
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11 | The Department may refuse to issue or may suspend the | ||||||
12 | license
of any person who fails to file a return, or to pay the | ||||||
13 | tax, penalty or
interest shown in a filed return, or to pay any | ||||||
14 | final assessment of tax,
penalty or interest, as required by | ||||||
15 | any tax Act administered by the
Illinois Department of Revenue, | ||||||
16 | until such time as the requirements of any
such tax Act are | ||||||
17 | satisfied.
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18 | The Department may order any licensee to cease operation | ||||||
19 | for a period not
to exceed 72 hours to correct deficiencies in | ||||||
20 | order to meet licensing
requirements. | ||||||
21 | If the Department revokes a license under this Act at an | ||||||
22 | administrative hearing, the licensee shall be prohibited from | ||||||
23 | applying for or obtaining a license under this Act for at least | ||||||
24 | 3 years after the revocation.
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25 | (Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97; | ||||||
26 | 90-403, eff.
8-15-97.)
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1 | Section 10. The Humane Care for Animals Act is amended by | ||||||
2 | changing Section 9 as follows:
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3 | (510 ILCS 70/9) (from Ch. 8, par. 709)
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4 | Sec. 9. Humane investigators; qualifications. The | ||||||
5 | Department shall, by rule or regulation, establish reasonable
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6 | qualifications for approved humane investigators and shall | ||||||
7 | maintain a
current listing of all approved humane investigators | ||||||
8 | which shall be
available for public inspection. These | ||||||
9 | qualifications shall
include, but
need not be limited to, a | ||||||
10 | knowledge of the provisions of this Act and its rules and | ||||||
11 | regulations and expertise in the
investigation of complaints | ||||||
12 | relating to the care and treatment of animals.
Persons | ||||||
13 | designated as humane investigators shall cooperate, when | ||||||
14 | requested,
in
completing routine investigations and filing | ||||||
15 | reports of violations of this Act
received by the Department. | ||||||
16 | Persons designated as humane investigators shall notify local | ||||||
17 | law enforcement or the local animal control agency prior to | ||||||
18 | conducting an investigation into a complaint within the | ||||||
19 | jurisdiction of such law enforcement or animal control agency.
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20 | Employees of the Department may be assigned as Department | ||||||
21 | investigators. | ||||||
22 | A person designated as a humane investigator may have his | ||||||
23 | or her approval suspended or revoked if: | ||||||
24 | (1) the person identifies himself or herself as a |
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1 | government employee and not as an approved
humane | ||||||
2 | investigator sponsored by a licensed animal shelter or | ||||||
3 | humane society; | ||||||
4 | (2) the person gives false or misleading information to | ||||||
5 | a State's Attorney, law enforcement official, licensed | ||||||
6 | animal control agency, or the Department; | ||||||
7 | (3) the person impounds an animal without obtaining the | ||||||
8 | required impoundment number and approval from the | ||||||
9 | Department; or | ||||||
10 | (4) the person identifies a violation of Section 3 or | ||||||
11 | other Section of this Act and fails to give proper | ||||||
12 | notification to correct the violation. | ||||||
13 | The animal shelter or humane society sponsoring a person | ||||||
14 | designated as a humane investigator shall be fined and is | ||||||
15 | subject to have its license suspended or revoked if the person | ||||||
16 | designated as a humane investigator is found to have committed | ||||||
17 | one of the infractions listed in this Section in an | ||||||
18 | administrative hearing by the Department.
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19 | (Source: P.A. 88-600, eff. 9-1-94.)
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