Bill Text: IL SB1372 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Dog Training Licensure Act. Defines terms. Creates the Dog Training Licensure Board. Provides for the authority and duties of the Board. Provides that no person shall practice, attempt to practice, or hold oneself out as being able to practice dog training in this State unless such person is licensed in accordance with the Act, holds a provisional permit in accordance with the Act, or is a licensed professional in a related field who holds and advanced degree or certification deemed by the Board to be equivalent to the certification in dog training issued by approved certification programs. Provides for: licensure requirements; provisional permits; license and permit duration, fees, and means of instruction; practice by out-of-state practitioners; complaints and discipline; restriction on liability, information handling; and penalties for unauthorized practice, fraud, and harm to animals. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB1372 Detail]

Download: Illinois-2023-SB1372-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1372 Introduced 2/6/2023, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED:
New Act
815 ILCS 505/2BBBB new
Creates the Dog Training Licensure Act. Defines terms. Creates the Dog Training Licensure Board. Provides for the authority and duties of the Board. Provides that no person shall practice, attempt to practice, or hold oneself out as being able to practice dog training in this State unless such person is licensed in accordance with the Act, holds a provisional permit in accordance with the Act, or is a licensed professional in a related field who holds and advanced degree or certification deemed by the Board to be equivalent to the certification in dog training issued by approved certification programs. Provides for: licensure requirements; provisional permits; license and permit duration, fees, and means of instruction; practice by out-of-state practitioners; complaints and discipline; restriction on liability, information handling; and penalties for unauthorized practice, fraud, and harm to animals. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Effective immediately.
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A BILL FOR
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AN ACT concerning regulation.
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 Dog
Training Licensure Act.
Section 5. Definitions. As used in this Act:
"Approved certification program" means an
examination-based dog trainer certification program that is
accredited by the National Commission for Certifying Agencies
and is approved by the Board established under Section 10 of
this Act and any other examination-based dog trainer
certification programs approved by the Board. An "approved
certification program" must: (i) include minimum education and
experience eligibility requirements, as defined by the Board;
(ii) require its certified dog trainers to adhere to policies
equivalent to or more restrictive of aversive practices than
the joint standards of practice, professional code of ethics,
and least intrusive, minimally aversive effective behavior
intervention policy as developed by the Association of
Professional Dog Trainers, the Certification Council for
Professional Dog Trainers, and the International Association
of Animal Behavior Consultants, as in effect as of January 1,
2019; and (iii) require for maintenance of certification at

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least 36 continuing education units meeting standards defined
by the Board every 3-year period. The Board shall publish on
its website a list of approved certification programs as well
as a list of approved dog trainer education programs that meet
minimum education requirements for approved certification
programs.
"Board" means the Dog Trainer Licensure Board established
under Section 10.
"Department" means the Department of Agriculture.
"Director" means the Director of Agriculture.
"Dog behavior consultant" means a person who is engaged in
the practice of evidence-based applied behavior analysis and
behavior modification of dogs in areas such as fear, phobias,
compulsive behaviors, anxiety, or aggressive behavior when
performed for a fee, salary, or other form of financial
compensation.
"Dog trainer" means a person who is engaged in the
practice of dog training and, after the effective date of this
Act, who is licensed or holds a provisional permit under this
Act.
"Dog training" means the training or behavior modification
of dogs or serving as a dog behavior consultant when performed
for a fee, salary, or other form of financial compensation,
other than on an incidental basis ancillary to other services,
such as dog grooming or dog walking. "Dog training" does not
include training of dogs by active military service members in

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connection with the members' military service roles, by active
law enforcement in connection with K-9 training, by
incarcerated persons under the auspices of a penal
institution's program or services offered by a kennel club
affiliated with or licensed or sanctioned by the American
Kennel Club or the United Kennel Club if such services are
offered exclusively to the club's members.
"Good professional moral character" means a person who has
not abused a position of trust, engaged in fraud, or engaged in
conduct that poses a substantial risk to the health or safety
of the public or of animals under the person's care or
supervision or that the person has demonstrated sufficient
evidence of rehabilitation commensurate with the seriousness
of the person's past misconduct, as determined by the Board.
"Industry recognized standards" means the joint standards
of practice, professional code of ethics, and least intrusive,
minimally aversive effective behavior intervention policy as
developed by the Association of Professional Dog Trainers, the
Certification Council for Professional Dog Trainers, and the
International Association of Animal Behavior Consultants, as
in effect as of January 1, 2019.
Section 10. Dog Trainer Licensure Board.
(a) The Dog Training Licensure Board is hereby created
within the Department.
(b) The Board shall consist of the following members who

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are residents of this State:
(1) one member from the Department;
(2) four members who are dog trainers who, if they are
appointed later than 180 days after the effective date of
this Act, are licensed under this Act, at least one of whom
shall hold a professional certification as a dog behavior
consultant, or, if they are appointed on or before 180
days after the effective date of this Act, are
professional dog trainers holding dog trainer
certification from an accredited certification program, at
least one of whom shall hold a professional certification
as a dog behavior consultant;
(3) one member who is a veterinarian licensed in this
State who is either a board-certified veterinary
behaviorist or has professional certification in dog
training;
(4) two members who are current or former dog owners
who do not work as a professional dog trainers and who
receive no income or financial benefit from dog training
businesses; and
(5) one member who is affiliated with a nonprofit
animal welfare group.
(c) The Governor shall appoint each member, other than the
member from the Department, for a term of 4 years, except that
of the members first appointed, 2 shall serve for a term of 4
years, 2 shall serve for a term of 3 years, 2 shall serve for a

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term of 2 years, and 2 shall serve for a term of one year, with
the 4 initial dog trainer members distributed among these
term-length groupings.
(d) Any vacancy in the membership of the Board shall be
filled for the unexpired term in the same manner as provided
for the original appointment.
(e) No member of the Board may serve more than 2 successive
terms, which does not include any unexpired term to which the
member has been appointed to fill a vacated position on the
Board.
(f) The Board shall organize within 30 days after the
appointment of its members and shall annually elect from among
its members a chairperson and vice-chairperson, at least one
of whom shall be a dog trainer. The Board shall also appoint a
secretary who need not be a member of the Board.
(g) The Board shall hold regularly scheduled meetings
twice a year and may hold additional meetings as necessary to
discharge its duties.
(h) A majority of the Board membership shall constitute a
quorum.
(i) The Director may appoint an executive director of the
Board who shall serve at the discretion of the Director. The
salary of the executive director shall be determined by the
Director within the limit of available funds. The Director
may, within the limits of available funds, authorize the
executive director to hire assistants necessary to administer

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this Act.
Section 15. Board authority and duties. The Board shall:
(1) adopt a seal to authenticate its records and
proceedings;
(2) prescribe rules pertaining to recognition of
approved certification programs and to require
qualifications of applicants for licensure or other
authorization to practice as dog trainers;
(3) review and determine the sufficiency of the
qualifications of applicants for licensure under this Act
and issue a license to each qualified and successful
applicant, attesting to the applicant's professional
qualification to practice as a dog trainer in this State;
(4) keep records of its proceedings, a register of all
persons to whom licenses have been issued, and a record of
all license renewals, suspensions, and revocations;
(5) maintain records of expenses incurred by members
of the Board in the performance of the Board's duties;
(6) take disciplinary action against any individual
who violates the provisions of this Act or any regulation
adopted under this Act, including as set forth in Sections
50, 55, and 60;
(7) administer oaths, issue notices, issue subpoenas
in the name of the State to any party or entity that may
possess relevant information regarding the subject of an

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investigation, including to compel production of documents
or testimony, receive testimony, conduct hearings,
institute court proceedings for contempt to compel
testimony or obedience to its orders and subpoenas, take
evidentiary depositions, and perform such other acts as
are reasonably necessary under this Act or other laws to
carry out its duties;
(8) institute proceedings in courts of competent
jurisdiction to enforce its orders and the provisions of
this Act, obtain court orders and injunctions to halt
unauthorized practice, and present to the proper
authorities information it believes indicates an applicant
or licensee may be subject to criminal prosecution;
(9) establish rules and procedures to grant reciprocal
licensure to individuals who provide dog training or serve
as a dog behavior consultant who hold current
certification in dog training from an approved
certification program and hold a dog trainer license
issued by another State;
(10) adopt rules as it deems necessary to administer
the provisions of this Act;
(11) develop and adopt its budget; and
(12) prescribe or change the fees for licensure,
renewal, provisional permits, and other services
performed.

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Section 20. Unauthorized practice. Beginning on the
effective date of this Act, except as otherwise permitted by
rules adopted by the Board, no person shall practice, attempt
to practice, or hold oneself out as being able to practice dog
training in this State unless such person is licensed in
accordance with the provisions of this Act, holds a
provisional permit in accordance with the provisions of this
Act, or is a licensed professional in a related field who holds
an advanced degree or certification deemed by the Board to be
equivalent to the certification in dog training issued by
approved certification programs, including board-certified
veterinary behaviorists holding board certification from a
program recognized by the Veterinary Licensing and
Disciplinary Board and the American Veterinary Medical
Association and licensed veterinary technicians holding
veterinary behavior technician certification.
Section 35. Licensure requirements. To be eligible for
initial licensure or renewal of licensure as a dog trainer, an
applicant shall fulfill the following requirements:
(1) be at least 18 years of age;
(2) be of good professional moral character; and
(3) either (i) hold current certification in dog
training from an approved certification program or current
certification as a certified applied animal behaviorist or
associate certified applied animal behaviorist, or (ii) to

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be issued an initial license prior to 180 days after the
effective date of this Act, submit proof satisfactory to
the Board no later than 180 days after the date procedures
are established by the Board for applying for licensure
under this Act that the applicant has engaged in the
practice of dog training in this State continuously for at
least one year prior to the effective date of this Act and
that the applicant agrees to abide by policies adopted by
the Board that are equivalent to or more restrictive of
aversive practices than the industry recognized standards.
Section 40. Provisional permits. The Board shall issue to
applicants provisional dog trainer permits that authorize the
permit holder to provide dog training services in this State
under the supervision of, and documented by, a dog trainer
licensed under this Act, for a period of one year from issuance
of the provisional permit. A provisional dog trainer permit
may be renewed for subsequent one-year periods. Prior to
providing dog training services to any customer or client, the
permit holder must disclose in writing to that customer or
client that the permit holder is not a licensed dog trainer in
this State and is providing dog training services under the
supervision of one or more specific licensed dog trainers,
identified by individual names, who take responsibility for
the quality of the permit holder's dog training work as well as
responsibility for any complaints regarding that permit

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holder's dog training. To be eligible for a provisional dog
trainer permit under this Act, an applicant shall fulfill the
following requirements:
(1) be of good professional moral character; and
(2) agree to abide by policies adopted by the Board
that are equivalent to or more restrictive of aversive
practices than the industry recognized standards.
Section 45. License and permit duration; fees; means of
instruction.
(a) All licenses shall be issued for a 3-year period and
may be renewed upon filing of a renewal application meeting
the requirements of this Section.
(b) Licenses and permits shall be issued in the legal name
of the applicant. Licensees and permit holders may direct the
Board to include on the applicant's license or permit
additional alternative names that the applicant uses
personally or professionally.
(c) All applicants shall pay a fee for licensure and
renewal of licensure under this Act. Fees shall be determined
by the Board and established by rule and may not exceed $350
per initial license or $100 per renewal license. The Board
shall set the fees such that the revenue generated from these
fees is not expected to exceed the operating costs incurred by
the Board in administering this Act.
(d) A license shall not be renewed until the licensee

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submits satisfactory evidence to the Board that the licensee
holds current certification with an approved certification
program or current certification as a certified applied animal
behaviorist or associate certified applied animal behaviorist.
(e) Any person authorized to practice dog training in this
State may conduct such dog training services in person and by
live, remote means for any dog located in this State and,
except to the extent restricted or prohibited by the laws of
the jurisdiction in which the dog is located, for any dog
located outside of this State.
Section 50. Practice by out-of-state practitioners. The
Board shall adopt rules to allow for temporary limited dog
training services by out-of-state practitioners who hold
current certification from an approved certification program
or current certification as a certified applied animal
behaviorist or associate certified applied animal behaviorist,
but who do not hold a license in the State, for no more than 5
days per calendar year in the aggregate. The Board shall also
adopt rules for out-of-state providers of dog training
services who hold current certification from an approved
certification program or current certification as a certified
applied animal behaviorist or associate certified applied
animal behaviorist to apply for temporary limited permits that
authorize the individual to work in this State as a dog trainer
for no more than 60 days in any calendar year in the aggregate.

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Section 55. Complaints and discipline.
(a) The Board shall investigate all complaints relating to
the proper practice of any licensee or holder of a provisional
or temporary permit under this Act and complaints relating to
any violation of this Act. The Board may impose disciplinary
measures based on a finding of a violation under a
preponderance of the evidence standard. The Board may, during
the pendency of an investigation and disciplinary proceeding,
summarily suspend the license or provisional permit of a dog
trainer upon a preliminary finding by the Board of probable
cause to believe that the person poses a substantial and
imminent risk to the health or safety of the public or of
animals under the person's care or supervision.
(b) The Board may, after a hearing in accordance with
adopted rules, revoke, suspend, or cancel the license or
provisional or temporary permit of a dog trainer, deny or
revoke eligibility for the license or provisional or temporary
permit, reprimand, censure, or otherwise discipline by
imposing conditions on the person's continued authorization to
practice a person holding or seeking a license or provisional
or temporary permit under this Act, upon proof satisfactory to
a majority of the Board that said person:
(1) fraudulently procured a license or provisional or
temporary permit under this Act;
(2) committed an offense against any provision of the

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laws of this State relating to the authorized practice of
dog trainers or any rule adopted thereunder;
(3) engaged in gross misconduct in providing dog
training services, practiced fraudulently, practiced with
gross incompetence or with gross negligence on a
particular occasion, or practiced with negligence on
repeated occasions;
(4) provided dog training services while the person's
ability to practice in a safe and competent manner was
materially compromised in a way that posed a substantial
risk to the health or safety of the public or of animals
under the person's care or supervision;
(5) provided dog training services while under the
influence of alcohol or a drug described in this
subsection and while habitually intoxicated or addicted
to, dependent on, or a habitual user of narcotics,
barbiturates, amphetamines, hallucinogens or other drugs
having similar effects, other than with respect to lawful
use of medication in accordance with a prescription issued
to that person;
(6) knowingly and for purposes of fraud, deception, or
personal gain permitted, aided, or abetted an unlicensed
and unauthorized person to perform activities requiring a
license or provisional or temporary permit under this Act,
excluding activities permissible under any provision of
the laws of the State relative to the training of aspiring

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dog trainers;
(7) has committed fraud or a criminal offense that
reasonably calls into question the person's ability to
practice as a dog trainer without posing a substantial
risk to the health or safety of the public or of animals
under the person's care or supervision;
(8) engaged in conduct in material violation of
industry recognized standards or standards equivalent to
or more restrictive of aversive practices that have been
adopted by the Board through policy or rulemaking;
(9) failed to adequately supervise the dog training
services of a provisional permit holder who provides those
services under the supervision of the licensee; or
(10) violated any rule of the Board governing the
practice of dog trainers.
Section 60. Restriction on liability; information
handling.
(a) No person filing a complaint or reporting or providing
information under this Act or assisting the Board at its
request in any manner in discharging its duties and functions
shall be liable in any cause of action arising out of the
receipt of such information or assistance if the person making
the complaint or reporting or providing such information or
assistance does so in good faith and without malice.
(b) During the pendency of a proceeding, the Board shall

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keep confidential any complaint, report, record, or other
information received or kept by the Board in connection with
an investigation conducted by the Board under this Section,
except with respect to any action that the Board takes
affecting the individual's right to practice. After the Board
has disposed of the matter under investigation by issuing an
order to show cause, by dismissing a complaint, or by taking
other final action, investigative records or information of
the Board shall not be kept confidential except to the extent
that disclosures of records or other information may be
restricted as otherwise provided by law or by the Board's
rules. The requirement that investigative records or
information be kept confidential shall not, at any time, apply
to requests from the person under investigation or the
complainant, or information the Board reports to other state
or federal agencies, boards, or institutions as the Board
shall determine by rule.
Section 65. Penalties for unauthorized practice, fraud,
and harm to animals. Except as provided in this Act, beginning
180 days after the effective date of this Act, whoever, not
being lawfully authorized to provide dog training services in
the State by holding a license or provisional or temporary
permit under this Act or as otherwise permitted by rules
adopted by the Board, holds oneself out in this State as a dog
trainer or provides or attempts to provide dog training

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services in this State, whoever provides dog training services
under a false or assumed name or under a name other than those
by which the individual is authorized by the Board to
practice, whoever impersonates another dog trainer, or whoever
practices or attempts to practice any fraud in connection with
the filing of an application for a dog training license or
provisional or temporary permit, shall be subject to the
jurisdiction of the Board and shall be punished by a civil fine
of not less than $200 but not more than $3,000. Violations
involving any fraudulent act or practice in relation to a
consumer or the State shall constitute an offense under the
Consumer Fraud and Deceptive Business Practices Act. In such
matters and any matter involving animal cruelty or neglect,
the Board shall, in addition to any discipline it imposes,
report such matters to the proper authorities for criminal
prosecution under any applicable criminal statute. A person
rendering dog training services in violation of this Section
shall recover no compensation for those services, and a court
may order a person convicted of an offense under this Section
to pay restitution to persons who incurred damages as a result
of the convicted individual's offense.
Section 90. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2BBBB as follows:
(815 ILCS 505/2BBBB new)

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Sec. 2BBBB. Violations of the Dog Training Licensure Act.
Any person who violates the Dog Training Licensure Act in a
manner that involves any fraudulent act or practice in
relation to a consumer or the State commits an unlawful
practice within the meaning of this Act.
Section 99. Effective date. This Act takes effect upon
becoming law.