Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1372 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1372 Introduced 2/6/2023, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED:
3	3	New Act815 ILCS 505/2BBBB new New Act 815 ILCS 505/2BBBB new
4	4	New Act
5	5	815 ILCS 505/2BBBB new
6	6	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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9	9	A BILL FOR
10	10	SB1372LRB103 26181 AMQ 52540 b SB1372 LRB103 26181 AMQ 52540 b
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12	12	1 AN ACT concerning regulation.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the Dog
16	16	5 Training Licensure Act.
17	17	6 Section 5. Definitions. As used in this Act:
18	18	7 "Approved certification program" means an
19	19	8 examination-based dog trainer certification program that is
20	20	9 accredited by the National Commission for Certifying Agencies
21	21	10 and is approved by the Board established under Section 10 of
22	22	11 this Act and any other examination-based dog trainer
23	23	12 certification programs approved by the Board. An "approved
24	24	13 certification program" must: (i) include minimum education and
25	25	14 experience eligibility requirements, as defined by the Board;
26	26	15 (ii) require its certified dog trainers to adhere to policies
27	27	16 equivalent to or more restrictive of aversive practices than
28	28	17 the joint standards of practice, professional code of ethics,
29	29	18 and least intrusive, minimally aversive effective behavior
30	30	19 intervention policy as developed by the Association of
31	31	20 Professional Dog Trainers, the Certification Council for
32	32	21 Professional Dog Trainers, and the International Association
33	33	22 of Animal Behavior Consultants, as in effect as of January 1,
34	34	23 2019; and (iii) require for maintenance of certification at
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1372 Introduced 2/6/2023, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED:
39	39	New Act815 ILCS 505/2BBBB new New Act 815 ILCS 505/2BBBB new
40	40	New Act
41	41	815 ILCS 505/2BBBB new
42	42	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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45	45	A BILL FOR
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71	71	1 least 36 continuing education units meeting standards defined
72	72	2 by the Board every 3-year period. The Board shall publish on
73	73	3 its website a list of approved certification programs as well
74	74	4 as a list of approved dog trainer education programs that meet
75	75	5 minimum education requirements for approved certification
76	76	6 programs.
77	77	7 "Board" means the Dog Trainer Licensure Board established
78	78	8 under Section 10.
79	79	9 "Department" means the Department of Agriculture.
80	80	10 "Director" means the Director of Agriculture.
81	81	11 "Dog behavior consultant" means a person who is engaged in
82	82	12 the practice of evidence-based applied behavior analysis and
83	83	13 behavior modification of dogs in areas such as fear, phobias,
84	84	14 compulsive behaviors, anxiety, or aggressive behavior when
85	85	15 performed for a fee, salary, or other form of financial
86	86	16 compensation.
87	87	17 "Dog trainer" means a person who is engaged in the
88	88	18 practice of dog training and, after the effective date of this
89	89	19 Act, who is licensed or holds a provisional permit under this
90	90	20 Act.
91	91	21 "Dog training" means the training or behavior modification
92	92	22 of dogs or serving as a dog behavior consultant when performed
93	93	23 for a fee, salary, or other form of financial compensation,
94	94	24 other than on an incidental basis ancillary to other services,
95	95	25 such as dog grooming or dog walking. "Dog training" does not
96	96	26 include training of dogs by active military service members in
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107	107	1 connection with the members' military service roles, by active
108	108	2 law enforcement in connection with K-9 training, by
109	109	3 incarcerated persons under the auspices of a penal
110	110	4 institution's program or services offered by a kennel club
111	111	5 affiliated with or licensed or sanctioned by the American
112	112	6 Kennel Club or the United Kennel Club if such services are
113	113	7 offered exclusively to the club's members.
114	114	8 "Good professional moral character" means a person who has
115	115	9 not abused a position of trust, engaged in fraud, or engaged in
116	116	10 conduct that poses a substantial risk to the health or safety
117	117	11 of the public or of animals under the person's care or
118	118	12 supervision or that the person has demonstrated sufficient
119	119	13 evidence of rehabilitation commensurate with the seriousness
120	120	14 of the person's past misconduct, as determined by the Board.
121	121	15 "Industry recognized standards" means the joint standards
122	122	16 of practice, professional code of ethics, and least intrusive,
123	123	17 minimally aversive effective behavior intervention policy as
124	124	18 developed by the Association of Professional Dog Trainers, the
125	125	19 Certification Council for Professional Dog Trainers, and the
126	126	20 International Association of Animal Behavior Consultants, as
127	127	21 in effect as of January 1, 2019.
128	128	22 Section 10. Dog Trainer Licensure Board.
129	129	23 (a) The Dog Training Licensure Board is hereby created
130	130	24 within the Department.
131	131	25 (b) The Board shall consist of the following members who
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142	142	1 are residents of this State:
143	143	2 (1) one member from the Department;
144	144	3 (2) four members who are dog trainers who, if they are
145	145	4 appointed later than 180 days after the effective date of
146	146	5 this Act, are licensed under this Act, at least one of whom
147	147	6 shall hold a professional certification as a dog behavior
148	148	7 consultant, or, if they are appointed on or before 180
149	149	8 days after the effective date of this Act, are
150	150	9 professional dog trainers holding dog trainer
151	151	10 certification from an accredited certification program, at
152	152	11 least one of whom shall hold a professional certification
153	153	12 as a dog behavior consultant;
154	154	13 (3) one member who is a veterinarian licensed in this
155	155	14 State who is either a board-certified veterinary
156	156	15 behaviorist or has professional certification in dog
157	157	16 training;
158	158	17 (4) two members who are current or former dog owners
159	159	18 who do not work as a professional dog trainers and who
160	160	19 receive no income or financial benefit from dog training
161	161	20 businesses; and
162	162	21 (5) one member who is affiliated with a nonprofit
163	163	22 animal welfare group.
164	164	23 (c) The Governor shall appoint each member, other than the
165	165	24 member from the Department, for a term of 4 years, except that
166	166	25 of the members first appointed, 2 shall serve for a term of 4
167	167	26 years, 2 shall serve for a term of 3 years, 2 shall serve for a
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178	178	1 term of 2 years, and 2 shall serve for a term of one year, with
179	179	2 the 4 initial dog trainer members distributed among these
180	180	3 term-length groupings.
181	181	4 (d) Any vacancy in the membership of the Board shall be
182	182	5 filled for the unexpired term in the same manner as provided
183	183	6 for the original appointment.
184	184	7 (e) No member of the Board may serve more than 2 successive
185	185	8 terms, which does not include any unexpired term to which the
186	186	9 member has been appointed to fill a vacated position on the
187	187	10 Board.
188	188	11 (f) The Board shall organize within 30 days after the
189	189	12 appointment of its members and shall annually elect from among
190	190	13 its members a chairperson and vice-chairperson, at least one
191	191	14 of whom shall be a dog trainer. The Board shall also appoint a
192	192	15 secretary who need not be a member of the Board.
193	193	16 (g) The Board shall hold regularly scheduled meetings
194	194	17 twice a year and may hold additional meetings as necessary to
195	195	18 discharge its duties.
196	196	19 (h) A majority of the Board membership shall constitute a
197	197	20 quorum.
198	198	21 (i) The Director may appoint an executive director of the
199	199	22 Board who shall serve at the discretion of the Director. The
200	200	23 salary of the executive director shall be determined by the
201	201	24 Director within the limit of available funds. The Director
202	202	25 may, within the limits of available funds, authorize the
203	203	26 executive director to hire assistants necessary to administer
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214	214	1 this Act.
215	215	2 Section 15. Board authority and duties. The Board shall:
216	216	3 (1) adopt a seal to authenticate its records and
217	217	4 proceedings;
218	218	5 (2) prescribe rules pertaining to recognition of
219	219	6 approved certification programs and to require
220	220	7 qualifications of applicants for licensure or other
221	221	8 authorization to practice as dog trainers;
222	222	9 (3) review and determine the sufficiency of the
223	223	10 qualifications of applicants for licensure under this Act
224	224	11 and issue a license to each qualified and successful
225	225	12 applicant, attesting to the applicant's professional
226	226	13 qualification to practice as a dog trainer in this State;
227	227	14 (4) keep records of its proceedings, a register of all
228	228	15 persons to whom licenses have been issued, and a record of
229	229	16 all license renewals, suspensions, and revocations;
230	230	17 (5) maintain records of expenses incurred by members
231	231	18 of the Board in the performance of the Board's duties;
232	232	19 (6) take disciplinary action against any individual
233	233	20 who violates the provisions of this Act or any regulation
234	234	21 adopted under this Act, including as set forth in Sections
235	235	22 50, 55, and 60;
236	236	23 (7) administer oaths, issue notices, issue subpoenas
237	237	24 in the name of the State to any party or entity that may
238	238	25 possess relevant information regarding the subject of an
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249	249	1 investigation, including to compel production of documents
250	250	2 or testimony, receive testimony, conduct hearings,
251	251	3 institute court proceedings for contempt to compel
252	252	4 testimony or obedience to its orders and subpoenas, take
253	253	5 evidentiary depositions, and perform such other acts as
254	254	6 are reasonably necessary under this Act or other laws to
255	255	7 carry out its duties;
256	256	8 (8) institute proceedings in courts of competent
257	257	9 jurisdiction to enforce its orders and the provisions of
258	258	10 this Act, obtain court orders and injunctions to halt
259	259	11 unauthorized practice, and present to the proper
260	260	12 authorities information it believes indicates an applicant
261	261	13 or licensee may be subject to criminal prosecution;
262	262	14 (9) establish rules and procedures to grant reciprocal
263	263	15 licensure to individuals who provide dog training or serve
264	264	16 as a dog behavior consultant who hold current
265	265	17 certification in dog training from an approved
266	266	18 certification program and hold a dog trainer license
267	267	19 issued by another State;
268	268	20 (10) adopt rules as it deems necessary to administer
269	269	21 the provisions of this Act;
270	270	22 (11) develop and adopt its budget; and
271	271	23 (12) prescribe or change the fees for licensure,
272	272	24 renewal, provisional permits, and other services
273	273	25 performed.
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284	284	1 Section 20. Unauthorized practice. Beginning on the
285	285	2 effective date of this Act, except as otherwise permitted by
286	286	3 rules adopted by the Board, no person shall practice, attempt
287	287	4 to practice, or hold oneself out as being able to practice dog
288	288	5 training in this State unless such person is licensed in
289	289	6 accordance with the provisions of this Act, holds a
290	290	7 provisional permit in accordance with the provisions of this
291	291	8 Act, or is a licensed professional in a related field who holds
292	292	9 an advanced degree or certification deemed by the Board to be
293	293	10 equivalent to the certification in dog training issued by
294	294	11 approved certification programs, including board-certified
295	295	12 veterinary behaviorists holding board certification from a
296	296	13 program recognized by the Veterinary Licensing and
297	297	14 Disciplinary Board and the American Veterinary Medical
298	298	15 Association and licensed veterinary technicians holding
299	299	16 veterinary behavior technician certification.
300	300	17 Section 35. Licensure requirements. To be eligible for
301	301	18 initial licensure or renewal of licensure as a dog trainer, an
302	302	19 applicant shall fulfill the following requirements:
303	303	20 (1) be at least 18 years of age;
304	304	21 (2) be of good professional moral character; and
305	305	22 (3) either (i) hold current certification in dog
306	306	23 training from an approved certification program or current
307	307	24 certification as a certified applied animal behaviorist or
308	308	25 associate certified applied animal behaviorist, or (ii) to
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319	319	1 be issued an initial license prior to 180 days after the
320	320	2 effective date of this Act, submit proof satisfactory to
321	321	3 the Board no later than 180 days after the date procedures
322	322	4 are established by the Board for applying for licensure
323	323	5 under this Act that the applicant has engaged in the
324	324	6 practice of dog training in this State continuously for at
325	325	7 least one year prior to the effective date of this Act and
326	326	8 that the applicant agrees to abide by policies adopted by
327	327	9 the Board that are equivalent to or more restrictive of
328	328	10 aversive practices than the industry recognized standards.
329	329	11 Section 40. Provisional permits. The Board shall issue to
330	330	12 applicants provisional dog trainer permits that authorize the
331	331	13 permit holder to provide dog training services in this State
332	332	14 under the supervision of, and documented by, a dog trainer
333	333	15 licensed under this Act, for a period of one year from issuance
334	334	16 of the provisional permit. A provisional dog trainer permit
335	335	17 may be renewed for subsequent one-year periods. Prior to
336	336	18 providing dog training services to any customer or client, the
337	337	19 permit holder must disclose in writing to that customer or
338	338	20 client that the permit holder is not a licensed dog trainer in
339	339	21 this State and is providing dog training services under the
340	340	22 supervision of one or more specific licensed dog trainers,
341	341	23 identified by individual names, who take responsibility for
342	342	24 the quality of the permit holder's dog training work as well as
343	343	25 responsibility for any complaints regarding that permit
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354	354	1 holder's dog training. To be eligible for a provisional dog
355	355	2 trainer permit under this Act, an applicant shall fulfill the
356	356	3 following requirements:
357	357	4 (1) be of good professional moral character; and
358	358	5 (2) agree to abide by policies adopted by the Board
359	359	6 that are equivalent to or more restrictive of aversive
360	360	7 practices than the industry recognized standards.
361	361	8 Section 45. License and permit duration; fees; means of
362	362	9 instruction.
363	363	10 (a) All licenses shall be issued for a 3-year period and
364	364	11 may be renewed upon filing of a renewal application meeting
365	365	12 the requirements of this Section.
366	366	13 (b) Licenses and permits shall be issued in the legal name
367	367	14 of the applicant. Licensees and permit holders may direct the
368	368	15 Board to include on the applicant's license or permit
369	369	16 additional alternative names that the applicant uses
370	370	17 personally or professionally.
371	371	18 (c) All applicants shall pay a fee for licensure and
372	372	19 renewal of licensure under this Act. Fees shall be determined
373	373	20 by the Board and established by rule and may not exceed $350
374	374	21 per initial license or $100 per renewal license. The Board
375	375	22 shall set the fees such that the revenue generated from these
376	376	23 fees is not expected to exceed the operating costs incurred by
377	377	24 the Board in administering this Act.
378	378	25 (d) A license shall not be renewed until the licensee
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389	389	1 submits satisfactory evidence to the Board that the licensee
390	390	2 holds current certification with an approved certification
391	391	3 program or current certification as a certified applied animal
392	392	4 behaviorist or associate certified applied animal behaviorist.
393	393	5 (e) Any person authorized to practice dog training in this
394	394	6 State may conduct such dog training services in person and by
395	395	7 live, remote means for any dog located in this State and,
396	396	8 except to the extent restricted or prohibited by the laws of
397	397	9 the jurisdiction in which the dog is located, for any dog
398	398	10 located outside of this State.
399	399	11 Section 50. Practice by out-of-state practitioners. The
400	400	12 Board shall adopt rules to allow for temporary limited dog
401	401	13 training services by out-of-state practitioners who hold
402	402	14 current certification from an approved certification program
403	403	15 or current certification as a certified applied animal
404	404	16 behaviorist or associate certified applied animal behaviorist,
405	405	17 but who do not hold a license in the State, for no more than 5
406	406	18 days per calendar year in the aggregate. The Board shall also
407	407	19 adopt rules for out-of-state providers of dog training
408	408	20 services who hold current certification from an approved
409	409	21 certification program or current certification as a certified
410	410	22 applied animal behaviorist or associate certified applied
411	411	23 animal behaviorist to apply for temporary limited permits that
412	412	24 authorize the individual to work in this State as a dog trainer
413	413	25 for no more than 60 days in any calendar year in the aggregate.
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424	424	1 Section 55. Complaints and discipline.
425	425	2 (a) The Board shall investigate all complaints relating to
426	426	3 the proper practice of any licensee or holder of a provisional
427	427	4 or temporary permit under this Act and complaints relating to
428	428	5 any violation of this Act. The Board may impose disciplinary
429	429	6 measures based on a finding of a violation under a
430	430	7 preponderance of the evidence standard. The Board may, during
431	431	8 the pendency of an investigation and disciplinary proceeding,
432	432	9 summarily suspend the license or provisional permit of a dog
433	433	10 trainer upon a preliminary finding by the Board of probable
434	434	11 cause to believe that the person poses a substantial and
435	435	12 imminent risk to the health or safety of the public or of
436	436	13 animals under the person's care or supervision.
437	437	14 (b) The Board may, after a hearing in accordance with
438	438	15 adopted rules, revoke, suspend, or cancel the license or
439	439	16 provisional or temporary permit of a dog trainer, deny or
440	440	17 revoke eligibility for the license or provisional or temporary
441	441	18 permit, reprimand, censure, or otherwise discipline by
442	442	19 imposing conditions on the person's continued authorization to
443	443	20 practice a person holding or seeking a license or provisional
444	444	21 or temporary permit under this Act, upon proof satisfactory to
445	445	22 a majority of the Board that said person:
446	446	23 (1) fraudulently procured a license or provisional or
447	447	24 temporary permit under this Act;
448	448	25 (2) committed an offense against any provision of the
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459	459	1 laws of this State relating to the authorized practice of
460	460	2 dog trainers or any rule adopted thereunder;
461	461	3 (3) engaged in gross misconduct in providing dog
462	462	4 training services, practiced fraudulently, practiced with
463	463	5 gross incompetence or with gross negligence on a
464	464	6 particular occasion, or practiced with negligence on
465	465	7 repeated occasions;
466	466	8 (4) provided dog training services while the person's
467	467	9 ability to practice in a safe and competent manner was
468	468	10 materially compromised in a way that posed a substantial
469	469	11 risk to the health or safety of the public or of animals
470	470	12 under the person's care or supervision;
471	471	13 (5) provided dog training services while under the
472	472	14 influence of alcohol or a drug described in this
473	473	15 subsection and while habitually intoxicated or addicted
474	474	16 to, dependent on, or a habitual user of narcotics,
475	475	17 barbiturates, amphetamines, hallucinogens or other drugs
476	476	18 having similar effects, other than with respect to lawful
477	477	19 use of medication in accordance with a prescription issued
478	478	20 to that person;
479	479	21 (6) knowingly and for purposes of fraud, deception, or
480	480	22 personal gain permitted, aided, or abetted an unlicensed
481	481	23 and unauthorized person to perform activities requiring a
482	482	24 license or provisional or temporary permit under this Act,
483	483	25 excluding activities permissible under any provision of
484	484	26 the laws of the State relative to the training of aspiring
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495	495	1 dog trainers;
496	496	2 (7) has committed fraud or a criminal offense that
497	497	3 reasonably calls into question the person's ability to
498	498	4 practice as a dog trainer without posing a substantial
499	499	5 risk to the health or safety of the public or of animals
500	500	6 under the person's care or supervision;
501	501	7 (8) engaged in conduct in material violation of
502	502	8 industry recognized standards or standards equivalent to
503	503	9 or more restrictive of aversive practices that have been
504	504	10 adopted by the Board through policy or rulemaking;
505	505	11 (9) failed to adequately supervise the dog training
506	506	12 services of a provisional permit holder who provides those
507	507	13 services under the supervision of the licensee; or
508	508	14 (10) violated any rule of the Board governing the
509	509	15 practice of dog trainers.
510	510	16 Section 60. Restriction on liability; information
511	511	17 handling.
512	512	18 (a) No person filing a complaint or reporting or providing
513	513	19 information under this Act or assisting the Board at its
514	514	20 request in any manner in discharging its duties and functions
515	515	21 shall be liable in any cause of action arising out of the
516	516	22 receipt of such information or assistance if the person making
517	517	23 the complaint or reporting or providing such information or
518	518	24 assistance does so in good faith and without malice.
519	519	25 (b) During the pendency of a proceeding, the Board shall
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530	530	1 keep confidential any complaint, report, record, or other
531	531	2 information received or kept by the Board in connection with
532	532	3 an investigation conducted by the Board under this Section,
533	533	4 except with respect to any action that the Board takes
534	534	5 affecting the individual's right to practice. After the Board
535	535	6 has disposed of the matter under investigation by issuing an
536	536	7 order to show cause, by dismissing a complaint, or by taking
537	537	8 other final action, investigative records or information of
538	538	9 the Board shall not be kept confidential except to the extent
539	539	10 that disclosures of records or other information may be
540	540	11 restricted as otherwise provided by law or by the Board's
541	541	12 rules. The requirement that investigative records or
542	542	13 information be kept confidential shall not, at any time, apply
543	543	14 to requests from the person under investigation or the
544	544	15 complainant, or information the Board reports to other state
545	545	16 or federal agencies, boards, or institutions as the Board
546	546	17 shall determine by rule.
547	547	18 Section 65. Penalties for unauthorized practice, fraud,
548	548	19 and harm to animals. Except as provided in this Act, beginning
549	549	20 180 days after the effective date of this Act, whoever, not
550	550	21 being lawfully authorized to provide dog training services in
551	551	22 the State by holding a license or provisional or temporary
552	552	23 permit under this Act or as otherwise permitted by rules
553	553	24 adopted by the Board, holds oneself out in this State as a dog
554	554	25 trainer or provides or attempts to provide dog training
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565	565	1 services in this State, whoever provides dog training services
566	566	2 under a false or assumed name or under a name other than those
567	567	3 by which the individual is authorized by the Board to
568	568	4 practice, whoever impersonates another dog trainer, or whoever
569	569	5 practices or attempts to practice any fraud in connection with
570	570	6 the filing of an application for a dog training license or
571	571	7 provisional or temporary permit, shall be subject to the
572	572	8 jurisdiction of the Board and shall be punished by a civil fine
573	573	9 of not less than $200 but not more than $3,000. Violations
574	574	10 involving any fraudulent act or practice in relation to a
575	575	11 consumer or the State shall constitute an offense under the
576	576	12 Consumer Fraud and Deceptive Business Practices Act. In such
577	577	13 matters and any matter involving animal cruelty or neglect,
578	578	14 the Board shall, in addition to any discipline it imposes,
579	579	15 report such matters to the proper authorities for criminal
580	580	16 prosecution under any applicable criminal statute. A person
581	581	17 rendering dog training services in violation of this Section
582	582	18 shall recover no compensation for those services, and a court
583	583	19 may order a person convicted of an offense under this Section
584	584	20 to pay restitution to persons who incurred damages as a result
585	585	21 of the convicted individual's offense.
586	586	22 Section 90. The Consumer Fraud and Deceptive Business
587	587	23 Practices Act is amended by adding Section 2BBBB as follows:
588	588	24 (815 ILCS 505/2BBBB new)
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599	599	1 Sec. 2BBBB. Violations of the Dog Training Licensure Act.
600	600	2 Any person who violates the Dog Training Licensure Act in a
601	601	3 manner that involves any fraudulent act or practice in
602	602	4 relation to a consumer or the State commits an unlawful
603	603	5 practice within the meaning of this Act.
604	604	6 Section 99. Effective date. This Act takes effect upon
605	605	7 becoming law.
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