103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1372 Introduced 2/6/2023, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED: New Act815 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. LRB103 26181 AMQ 52540 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1372 Introduced 2/6/2023, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED: New Act815 ILCS 505/2BBBB new 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. LRB103 26181 AMQ 52540 b LRB103 26181 AMQ 52540 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1372 Introduced 2/6/2023, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED:
New Act815 ILCS 505/2BBBB new New Act 815 ILCS 505/2BBBB new
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
SB1372LRB103 26181 AMQ 52540 b SB1372 LRB103 26181 AMQ 52540 b
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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Dog
5 Training Licensure Act.
6 Section 5. Definitions. As used in this Act:
7 "Approved certification program" means an
8 examination-based dog trainer certification program that is
9 accredited by the National Commission for Certifying Agencies
10 and is approved by the Board established under Section 10 of
11 this Act and any other examination-based dog trainer
12 certification programs approved by the Board. An "approved
13 certification program" must: (i) include minimum education and
14 experience eligibility requirements, as defined by the Board;
15 (ii) require its certified dog trainers to adhere to policies
16 equivalent to or more restrictive of aversive practices than
17 the joint standards of practice, professional code of ethics,
18 and least intrusive, minimally aversive effective behavior
19 intervention policy as developed by the Association of
20 Professional Dog Trainers, the Certification Council for
21 Professional Dog Trainers, and the International Association
22 of Animal Behavior Consultants, as in effect as of January 1,
23 2019; and (iii) require for maintenance of certification at
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1372 Introduced 2/6/2023, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED:
New Act815 ILCS 505/2BBBB new New Act 815 ILCS 505/2BBBB new
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
New Act
815 ILCS 505/2BBBB new
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1 least 36 continuing education units meeting standards defined
2 by the Board every 3-year period. The Board shall publish on
3 its website a list of approved certification programs as well
4 as a list of approved dog trainer education programs that meet
5 minimum education requirements for approved certification
6 programs.
7 "Board" means the Dog Trainer Licensure Board established
8 under Section 10.
9 "Department" means the Department of Agriculture.
10 "Director" means the Director of Agriculture.
11 "Dog behavior consultant" means a person who is engaged in
12 the practice of evidence-based applied behavior analysis and
13 behavior modification of dogs in areas such as fear, phobias,
14 compulsive behaviors, anxiety, or aggressive behavior when
15 performed for a fee, salary, or other form of financial
16 compensation.
17 "Dog trainer" means a person who is engaged in the
18 practice of dog training and, after the effective date of this
19 Act, who is licensed or holds a provisional permit under this
20 Act.
21 "Dog training" means the training or behavior modification
22 of dogs or serving as a dog behavior consultant when performed
23 for a fee, salary, or other form of financial compensation,
24 other than on an incidental basis ancillary to other services,
25 such as dog grooming or dog walking. "Dog training" does not
26 include training of dogs by active military service members in
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1 connection with the members' military service roles, by active
2 law enforcement in connection with K-9 training, by
3 incarcerated persons under the auspices of a penal
4 institution's program or services offered by a kennel club
5 affiliated with or licensed or sanctioned by the American
6 Kennel Club or the United Kennel Club if such services are
7 offered exclusively to the club's members.
8 "Good professional moral character" means a person who has
9 not abused a position of trust, engaged in fraud, or engaged in
10 conduct that poses a substantial risk to the health or safety
11 of the public or of animals under the person's care or
12 supervision or that the person has demonstrated sufficient
13 evidence of rehabilitation commensurate with the seriousness
14 of the person's past misconduct, as determined by the Board.
15 "Industry recognized standards" means the joint standards
16 of practice, professional code of ethics, and least intrusive,
17 minimally aversive effective behavior intervention policy as
18 developed by the Association of Professional Dog Trainers, the
19 Certification Council for Professional Dog Trainers, and the
20 International Association of Animal Behavior Consultants, as
21 in effect as of January 1, 2019.
22 Section 10. Dog Trainer Licensure Board.
23 (a) The Dog Training Licensure Board is hereby created
24 within the Department.
25 (b) The Board shall consist of the following members who
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1 are residents of this State:
2 (1) one member from the Department;
3 (2) four members who are dog trainers who, if they are
4 appointed later than 180 days after the effective date of
5 this Act, are licensed under this Act, at least one of whom
6 shall hold a professional certification as a dog behavior
7 consultant, or, if they are appointed on or before 180
8 days after the effective date of this Act, are
9 professional dog trainers holding dog trainer
10 certification from an accredited certification program, at
11 least one of whom shall hold a professional certification
12 as a dog behavior consultant;
13 (3) one member who is a veterinarian licensed in this
14 State who is either a board-certified veterinary
15 behaviorist or has professional certification in dog
16 training;
17 (4) two members who are current or former dog owners
18 who do not work as a professional dog trainers and who
19 receive no income or financial benefit from dog training
20 businesses; and
21 (5) one member who is affiliated with a nonprofit
22 animal welfare group.
23 (c) The Governor shall appoint each member, other than the
24 member from the Department, for a term of 4 years, except that
25 of the members first appointed, 2 shall serve for a term of 4
26 years, 2 shall serve for a term of 3 years, 2 shall serve for a
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1 term of 2 years, and 2 shall serve for a term of one year, with
2 the 4 initial dog trainer members distributed among these
3 term-length groupings.
4 (d) Any vacancy in the membership of the Board shall be
5 filled for the unexpired term in the same manner as provided
6 for the original appointment.
7 (e) No member of the Board may serve more than 2 successive
8 terms, which does not include any unexpired term to which the
9 member has been appointed to fill a vacated position on the
10 Board.
11 (f) The Board shall organize within 30 days after the
12 appointment of its members and shall annually elect from among
13 its members a chairperson and vice-chairperson, at least one
14 of whom shall be a dog trainer. The Board shall also appoint a
15 secretary who need not be a member of the Board.
16 (g) The Board shall hold regularly scheduled meetings
17 twice a year and may hold additional meetings as necessary to
18 discharge its duties.
19 (h) A majority of the Board membership shall constitute a
20 quorum.
21 (i) The Director may appoint an executive director of the
22 Board who shall serve at the discretion of the Director. The
23 salary of the executive director shall be determined by the
24 Director within the limit of available funds. The Director
25 may, within the limits of available funds, authorize the
26 executive director to hire assistants necessary to administer
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1 this Act.
2 Section 15. Board authority and duties. The Board shall:
3 (1) adopt a seal to authenticate its records and
4 proceedings;
5 (2) prescribe rules pertaining to recognition of
6 approved certification programs and to require
7 qualifications of applicants for licensure or other
8 authorization to practice as dog trainers;
9 (3) review and determine the sufficiency of the
10 qualifications of applicants for licensure under this Act
11 and issue a license to each qualified and successful
12 applicant, attesting to the applicant's professional
13 qualification to practice as a dog trainer in this State;
14 (4) keep records of its proceedings, a register of all
15 persons to whom licenses have been issued, and a record of
16 all license renewals, suspensions, and revocations;
17 (5) maintain records of expenses incurred by members
18 of the Board in the performance of the Board's duties;
19 (6) take disciplinary action against any individual
20 who violates the provisions of this Act or any regulation
21 adopted under this Act, including as set forth in Sections
22 50, 55, and 60;
23 (7) administer oaths, issue notices, issue subpoenas
24 in the name of the State to any party or entity that may
25 possess relevant information regarding the subject of an
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1 investigation, including to compel production of documents
2 or testimony, receive testimony, conduct hearings,
3 institute court proceedings for contempt to compel
4 testimony or obedience to its orders and subpoenas, take
5 evidentiary depositions, and perform such other acts as
6 are reasonably necessary under this Act or other laws to
7 carry out its duties;
8 (8) institute proceedings in courts of competent
9 jurisdiction to enforce its orders and the provisions of
10 this Act, obtain court orders and injunctions to halt
11 unauthorized practice, and present to the proper
12 authorities information it believes indicates an applicant
13 or licensee may be subject to criminal prosecution;
14 (9) establish rules and procedures to grant reciprocal
15 licensure to individuals who provide dog training or serve
16 as a dog behavior consultant who hold current
17 certification in dog training from an approved
18 certification program and hold a dog trainer license
19 issued by another State;
20 (10) adopt rules as it deems necessary to administer
21 the provisions of this Act;
22 (11) develop and adopt its budget; and
23 (12) prescribe or change the fees for licensure,
24 renewal, provisional permits, and other services
25 performed.
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1 Section 20. Unauthorized practice. Beginning on the
2 effective date of this Act, except as otherwise permitted by
3 rules adopted by the Board, no person shall practice, attempt
4 to practice, or hold oneself out as being able to practice dog
5 training in this State unless such person is licensed in
6 accordance with the provisions of this Act, holds a
7 provisional permit in accordance with the provisions of this
8 Act, or is a licensed professional in a related field who holds
9 an advanced degree or certification deemed by the Board to be
10 equivalent to the certification in dog training issued by
11 approved certification programs, including board-certified
12 veterinary behaviorists holding board certification from a
13 program recognized by the Veterinary Licensing and
14 Disciplinary Board and the American Veterinary Medical
15 Association and licensed veterinary technicians holding
16 veterinary behavior technician certification.
17 Section 35. Licensure requirements. To be eligible for
18 initial licensure or renewal of licensure as a dog trainer, an
19 applicant shall fulfill the following requirements:
20 (1) be at least 18 years of age;
21 (2) be of good professional moral character; and
22 (3) either (i) hold current certification in dog
23 training from an approved certification program or current
24 certification as a certified applied animal behaviorist or
25 associate certified applied animal behaviorist, or (ii) to
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1 be issued an initial license prior to 180 days after the
2 effective date of this Act, submit proof satisfactory to
3 the Board no later than 180 days after the date procedures
4 are established by the Board for applying for licensure
5 under this Act that the applicant has engaged in the
6 practice of dog training in this State continuously for at
7 least one year prior to the effective date of this Act and
8 that the applicant agrees to abide by policies adopted by
9 the Board that are equivalent to or more restrictive of
10 aversive practices than the industry recognized standards.
11 Section 40. Provisional permits. The Board shall issue to
12 applicants provisional dog trainer permits that authorize the
13 permit holder to provide dog training services in this State
14 under the supervision of, and documented by, a dog trainer
15 licensed under this Act, for a period of one year from issuance
16 of the provisional permit. A provisional dog trainer permit
17 may be renewed for subsequent one-year periods. Prior to
18 providing dog training services to any customer or client, the
19 permit holder must disclose in writing to that customer or
20 client that the permit holder is not a licensed dog trainer in
21 this State and is providing dog training services under the
22 supervision of one or more specific licensed dog trainers,
23 identified by individual names, who take responsibility for
24 the quality of the permit holder's dog training work as well as
25 responsibility for any complaints regarding that permit
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1 holder's dog training. To be eligible for a provisional dog
2 trainer permit under this Act, an applicant shall fulfill the
3 following requirements:
4 (1) be of good professional moral character; and
5 (2) agree to abide by policies adopted by the Board
6 that are equivalent to or more restrictive of aversive
7 practices than the industry recognized standards.
8 Section 45. License and permit duration; fees; means of
9 instruction.
10 (a) All licenses shall be issued for a 3-year period and
11 may be renewed upon filing of a renewal application meeting
12 the requirements of this Section.
13 (b) Licenses and permits shall be issued in the legal name
14 of the applicant. Licensees and permit holders may direct the
15 Board to include on the applicant's license or permit
16 additional alternative names that the applicant uses
17 personally or professionally.
18 (c) All applicants shall pay a fee for licensure and
19 renewal of licensure under this Act. Fees shall be determined
20 by the Board and established by rule and may not exceed $350
21 per initial license or $100 per renewal license. The Board
22 shall set the fees such that the revenue generated from these
23 fees is not expected to exceed the operating costs incurred by
24 the Board in administering this Act.
25 (d) A license shall not be renewed until the licensee
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1 submits satisfactory evidence to the Board that the licensee
2 holds current certification with an approved certification
3 program or current certification as a certified applied animal
4 behaviorist or associate certified applied animal behaviorist.
5 (e) Any person authorized to practice dog training in this
6 State may conduct such dog training services in person and by
7 live, remote means for any dog located in this State and,
8 except to the extent restricted or prohibited by the laws of
9 the jurisdiction in which the dog is located, for any dog
10 located outside of this State.
11 Section 50. Practice by out-of-state practitioners. The
12 Board shall adopt rules to allow for temporary limited dog
13 training services by out-of-state practitioners who hold
14 current certification from an approved certification program
15 or current certification as a certified applied animal
16 behaviorist or associate certified applied animal behaviorist,
17 but who do not hold a license in the State, for no more than 5
18 days per calendar year in the aggregate. The Board shall also
19 adopt rules for out-of-state providers of dog training
20 services who hold current certification from an approved
21 certification program or current certification as a certified
22 applied animal behaviorist or associate certified applied
23 animal behaviorist to apply for temporary limited permits that
24 authorize the individual to work in this State as a dog trainer
25 for no more than 60 days in any calendar year in the aggregate.
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1 Section 55. Complaints and discipline.
2 (a) The Board shall investigate all complaints relating to
3 the proper practice of any licensee or holder of a provisional
4 or temporary permit under this Act and complaints relating to
5 any violation of this Act. The Board may impose disciplinary
6 measures based on a finding of a violation under a
7 preponderance of the evidence standard. The Board may, during
8 the pendency of an investigation and disciplinary proceeding,
9 summarily suspend the license or provisional permit of a dog
10 trainer upon a preliminary finding by the Board of probable
11 cause to believe that the person poses a substantial and
12 imminent risk to the health or safety of the public or of
13 animals under the person's care or supervision.
14 (b) The Board may, after a hearing in accordance with
15 adopted rules, revoke, suspend, or cancel the license or
16 provisional or temporary permit of a dog trainer, deny or
17 revoke eligibility for the license or provisional or temporary
18 permit, reprimand, censure, or otherwise discipline by
19 imposing conditions on the person's continued authorization to
20 practice a person holding or seeking a license or provisional
21 or temporary permit under this Act, upon proof satisfactory to
22 a majority of the Board that said person:
23 (1) fraudulently procured a license or provisional or
24 temporary permit under this Act;
25 (2) committed an offense against any provision of the
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1 laws of this State relating to the authorized practice of
2 dog trainers or any rule adopted thereunder;
3 (3) engaged in gross misconduct in providing dog
4 training services, practiced fraudulently, practiced with
5 gross incompetence or with gross negligence on a
6 particular occasion, or practiced with negligence on
7 repeated occasions;
8 (4) provided dog training services while the person's
9 ability to practice in a safe and competent manner was
10 materially compromised in a way that posed a substantial
11 risk to the health or safety of the public or of animals
12 under the person's care or supervision;
13 (5) provided dog training services while under the
14 influence of alcohol or a drug described in this
15 subsection and while habitually intoxicated or addicted
16 to, dependent on, or a habitual user of narcotics,
17 barbiturates, amphetamines, hallucinogens or other drugs
18 having similar effects, other than with respect to lawful
19 use of medication in accordance with a prescription issued
20 to that person;
21 (6) knowingly and for purposes of fraud, deception, or
22 personal gain permitted, aided, or abetted an unlicensed
23 and unauthorized person to perform activities requiring a
24 license or provisional or temporary permit under this Act,
25 excluding activities permissible under any provision of
26 the laws of the State relative to the training of aspiring
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1 dog trainers;
2 (7) has committed fraud or a criminal offense that
3 reasonably calls into question the person's ability to
4 practice as a dog trainer without posing a substantial
5 risk to the health or safety of the public or of animals
6 under the person's care or supervision;
7 (8) engaged in conduct in material violation of
8 industry recognized standards or standards equivalent to
9 or more restrictive of aversive practices that have been
10 adopted by the Board through policy or rulemaking;
11 (9) failed to adequately supervise the dog training
12 services of a provisional permit holder who provides those
13 services under the supervision of the licensee; or
14 (10) violated any rule of the Board governing the
15 practice of dog trainers.
16 Section 60. Restriction on liability; information
17 handling.
18 (a) No person filing a complaint or reporting or providing
19 information under this Act or assisting the Board at its
20 request in any manner in discharging its duties and functions
21 shall be liable in any cause of action arising out of the
22 receipt of such information or assistance if the person making
23 the complaint or reporting or providing such information or
24 assistance does so in good faith and without malice.
25 (b) During the pendency of a proceeding, the Board shall
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1 keep confidential any complaint, report, record, or other
2 information received or kept by the Board in connection with
3 an investigation conducted by the Board under this Section,
4 except with respect to any action that the Board takes
5 affecting the individual's right to practice. After the Board
6 has disposed of the matter under investigation by issuing an
7 order to show cause, by dismissing a complaint, or by taking
8 other final action, investigative records or information of
9 the Board shall not be kept confidential except to the extent
10 that disclosures of records or other information may be
11 restricted as otherwise provided by law or by the Board's
12 rules. The requirement that investigative records or
13 information be kept confidential shall not, at any time, apply
14 to requests from the person under investigation or the
15 complainant, or information the Board reports to other state
16 or federal agencies, boards, or institutions as the Board
17 shall determine by rule.
18 Section 65. Penalties for unauthorized practice, fraud,
19 and harm to animals. Except as provided in this Act, beginning
20 180 days after the effective date of this Act, whoever, not
21 being lawfully authorized to provide dog training services in
22 the State by holding a license or provisional or temporary
23 permit under this Act or as otherwise permitted by rules
24 adopted by the Board, holds oneself out in this State as a dog
25 trainer or provides or attempts to provide dog training
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1 services in this State, whoever provides dog training services
2 under a false or assumed name or under a name other than those
3 by which the individual is authorized by the Board to
4 practice, whoever impersonates another dog trainer, or whoever
5 practices or attempts to practice any fraud in connection with
6 the filing of an application for a dog training license or
7 provisional or temporary permit, shall be subject to the
8 jurisdiction of the Board and shall be punished by a civil fine
9 of not less than $200 but not more than $3,000. Violations
10 involving any fraudulent act or practice in relation to a
11 consumer or the State shall constitute an offense under the
12 Consumer Fraud and Deceptive Business Practices Act. In such
13 matters and any matter involving animal cruelty or neglect,
14 the Board shall, in addition to any discipline it imposes,
15 report such matters to the proper authorities for criminal
16 prosecution under any applicable criminal statute. A person
17 rendering dog training services in violation of this Section
18 shall recover no compensation for those services, and a court
19 may order a person convicted of an offense under this Section
20 to pay restitution to persons who incurred damages as a result
21 of the convicted individual's offense.
22 Section 90. The Consumer Fraud and Deceptive Business
23 Practices Act is amended by adding Section 2BBBB as follows:
24 (815 ILCS 505/2BBBB new)
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1 Sec. 2BBBB. Violations of the Dog Training Licensure Act.
2 Any person who violates the Dog Training Licensure Act in a
3 manner that involves any fraudulent act or practice in
4 relation to a consumer or the State commits an unlawful
5 practice within the meaning of this Act.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.
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