Illinois Compiled Statutes
Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS
225 ILCS 645/ - Illinois Livestock Dealer Licensing Act.

(225 ILCS 645/1) (from Ch. 111, par. 401)
Sec. 1.
As used in this Act, unless the context otherwise requires:
"Department" means the Illinois Department of Agriculture.
"Director" means the Director of the Illinois Department of Agriculture
or his duly authorized representative.
"Livestock" means cattle, goats, sheep, swine other than feeder
swine, or any other animals of the bovine, caprine, ovine, or porcine
species.
"Feeder swine" means all swine except those consigned directly to
slaughter or swine sold as breeding animals with a negative brucellosis
test.
"Livestock dealer" means any person required to be registered under the
Federal "Packers and Stockyards Act, 1921", who buys, sells or offers to
sell, exchange, barter, or negotiate the sale of cattle, goats, sheep,
or swine other than feeder swine in this State whether the cattle,
goats, sheep, or swine were raised in this State or brought into this
State from another state. "Livestock dealer" does not mean (1) a person
who sells only cattle, goats, sheep, or swine which he has produced and
raised, (2) a person who offers for sale or trade only cattle, goats,
sheep, or swine other than feeder swine which he has owned or had in his
possession for a period of 30 days or longer and is not engaged in the
business of buying, selling, trading, or negotiating the transfer of
livestock, (3) a person who purchases cattle, goats, sheep, or swine
other than feeder swine for feeding or breeding purposes and retains
them in his possession for a period of 30 days or longer, (4) a person
engaged in the business of buying and slaughtering livestock for food
and in marketing the meat products therefrom, provided all animals
purchased are slaughtered, (5) a person licensed under "An Act providing
for the licensing of feeder swine dealers, regulating such business, and
providing penalties for violations hereof", approved July 31, 1961, for
transactions so governed, or (6) a person licensed under "An Act in
relation to the licensing and regulation of livestock auction markets",
approved July 15, 1941, as heretofore or hereafter amended, when engaged
in transactions covered by such Act or (7) a "commission firm" as
defined and exempted by this Act.
"Person" means any individual, firm, partnership or corporation.
"Commission firm" means a person who negotiates the sale or purchase
of livestock for the account of another on a commission basis and who
does not buy or sell for his own account.
"Agent" means any person authorized to act for a licensed livestock dealer.
"Clearee" means any person whose livestock financial transactions are
processed through a clearing agency. For the purpose of this Act, a clearee
shall be licensed as a livestock dealer.
"Clearing agency" means a financial institution which provides clearing
services for a person buying and selling livestock, but which does not take
possession of the livestock and, therefore, is not required to be licensed
as a livestock dealer.

(Source: P.A. 81-191.)
 
(225 ILCS 645/2) (from Ch. 111, par. 402)
Sec. 2.
Necessity of license.
No person shall engage in the business of
a livestock dealer
in this State without a license therefor issued by the Department.
A "commission firm" may be exempt from this Act if: it is
registered under the "Slaughter Livestock Buyers Act" as a "slaughter
livestock broker"; it requires all
purchasers of livestock to pay for such livestock before the close of
the next business day; it is a commission firm on a public stockyard
(St. Louis National
Stockyards and Peoria Union Stockyards);
it buys
or sells slaughter livestock on commission basis only; it does business
only on a named public stockyard; and it has a bond on file with the United
States Department of Agriculture, Packers and Stockyards, Agricultural
Marketing
Service, or any successor agency, in an amount and conditioned upon such
terms as meets the conditions of Sections 201.30 and 201.31 of regulations
issued under the "Packers and Stockyards Act, 1921", as amended. A duplicate
original of such bond filed with the Department will meet the bond requirements
of this Act, and such bond shall be the State bond. The Director shall be
named as trustee in such bond and the Department shall be named to receive
a 30-day notice of cancellation. The Director as trustee of the bond shall
have the authorities granted him in Section 205-410 of the
Department of Agriculture Law (20 ILCS 205/205-410) and the rules adopted
pursuant thereto.

(Source: P.A. 91-239, eff. 1-1-00.)
 
(225 ILCS 645/4) (from Ch. 111, par. 404)
Sec. 4.
Application.
An application by an individual for an original
license shall
be made in writing to the Department, on forms prescribed
by the Department, and shall be accompanied by the required bond and the
required fee, which is not returnable. Any such application shall
require such information as in the judgment of the Department will
enable the Department to pass on the qualifications of the applicant for
a license. The information requirements shall be established by rule.

(Source: P.A. 89-154, eff. 7-19-95.)
 
(225 ILCS 645/5) (from Ch. 111, par. 405)
Sec. 5.

An application by a partnership or corporation for an
original license shall be made in writing to the
Department, on forms prescribed by the Department, and shall be
accompanied by the required bond and the required fee, which is not
returnable. Any such
application shall list, but need not be limited to, the name of each
partner if a partnership, or of each director and officer if a
corporation, its address, its financial resources, and the partners,
directors, officers or other persons authorized to represent or act for
it under this Act.

(Source: P.A. 81-191.)
 
(225 ILCS 645/5.1) (from Ch. 111, par. 405.1)
Sec. 5.1.

A licensed livestock dealer may upon written request to the
Department and upon paying the required fee, obtain an agent's permit for
any person whom the dealer wishes to represent him. The Department may
refuse to issue or renew or may suspend or revoke an agent's permit on the
same grounds as for refusal to issue, renew, suspend or revoke a dealer's
license. The dealer shall not permit an agent to conduct livestock
transactions other than as a part of the dealer's business and the
dealer shall be responsible for all livestock transactions conducted
by his agent. An agent may not conduct transactions in his own behalf unless
he is licensed as a livestock dealer. An agent's permit may be renewed by
listing the agent's name
and address on the application for renewal license and paying the required fee.
The surety bond, trust fund agreement or letter of credit filed by the
licensee with the Department shall cover all livestock dealer transactions of the agent.

(Source: P.A. 84-294.)
 
(225 ILCS 645/6) (from Ch. 111, par. 406)
Sec. 6.

An application for renewal license shall be made in writing to
the Department, on forms prescribed by the Department,
shall contain such information as will enable the Department to
determine if the applicant is qualified to continue to hold a license,
and shall be accompanied by the required fee, which is not returnable.

(Source: P.A. 81-191.)
 
(225 ILCS 645/7) (from Ch. 111, par. 407)
Sec. 7.

Each non-resident applicant for an original license or
renewal license shall file with the
Department an irrevocable consent that actions against the applicant may
be filed in the circuit court of the county where the plaintiff resides
or where some part of the transaction occurred out of which the alleged
cause of action arose and that process in any action may be served on
the applicant by leaving 2 copies thereof with the Director. Such
consent shall stipulate that such service of process is valid for all
purposes. The Director shall promptly forward, by certified mail, one
copy of such process to the applicant at the address shown on the
records of the Department. No foreign corporation shall be granted a
license under this Act until it has been authorized by the Secretary of
State to do business in this State.

(Source: P.A. 81-191.)
 
(225 ILCS 645/8) (from Ch. 111, par. 408)
Sec. 8.

Each license shall be issued for the term of one year or for such
part thereof as remains at the time of the issuance thereof. Each license
shall be renewed during the period of January 1 to April 15 of each year.
Each license not renewed by April 15 of any year shall expire on April 16
of that year. Failure to apply for a renewal license before April 16 of
each year shall result in forfeiture of the right of renewal. When such
right has been forfeited, the licensee shall procure an original license as
herein provided.
A license must be prominently displayed at each place of business of the
livestock dealer. Where the livestock dealer conducts business at more than
one address, branch office licenses shall be issued on payment of the
required fee.
Each license shall be signed by the Director and be issued under the
seal of the Department.

(Source: P.A. 77-1722.)
 
(225 ILCS 645/9) (from Ch. 111, par. 409)
Sec. 9.
The Department may refuse to issue or renew or may suspend or
revoke a license on any of the following grounds:
The Department may refuse to issue or may suspend the license
of any person who fails to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final assessment of tax,
penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.

(Source: P.A. 99-389, eff. 8-18-15; 99-642, eff. 7-28-16; 100-286, eff. 1-1-18.)
 
(225 ILCS 645/9.1) (from Ch. 111, par. 409.1)
Sec. 9.1.
Suspension.
The Director may suspend a license under
Section 9 and
require the licensee to cease doing business. The Director shall issue a
written order of suspension setting forth the reasons for the suspension
and for requiring the licensee to cease the purchasing or brokering of
livestock
until a hearing has been held. Such written order shall be served personally
on the licensee, or by registered mail sent to the licensee's business address
as shown in his latest notification to the Department.

(Source: P.A. 89-154, eff. 7-19-95.)
 
(225 ILCS 645/9.2) (from Ch. 111, par. 409.2)
Sec. 9.2.
The Department may refuse to issue or may suspend the license
of any person upon the complaint in writing from the Checkoff Division of the Illinois Beef Association Board of Governors
indicating that the person has failed to properly remit or deduct funds as
required by Section 9 of the Beef Market Development Act.

(Source: P.A. 99-389, eff. 8-18-15.)
 
(225 ILCS 645/9.4)
Sec. 9.4. Applicant convictions.
(a) The Department shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for a license under this Act:
(b) The Department, upon a finding that an applicant for a license was previously convicted of any felony or a misdemeanor directly related to the practice of the profession, shall consider any evidence of rehabilitation and mitigating factors contained in the applicant's record, including any of the following factors and evidence, to determine if the conviction will impair the ability of the applicant to engage in the position for which a license is sought:
(c) If the Department refuses to issue a license to an applicant, then the applicant shall be notified of the denial in writing with the following included in the notice of denial:
(d) No later than May 1 of each year, the Department must prepare, publicly announce, and publish a report of summary statistical information relating to new and renewal license applications during the preceding calendar year. Each report shall show, at a minimum:
(Source: P.A. 100-286, eff. 1-1-18.)
 
(225 ILCS 645/10) (from Ch. 111, par. 410)
Sec. 10.
Investigation and hearing.
The Department may, upon its own
motion, and shall, upon the complaint in writing of any person setting forth
facts which if
proved would constitute grounds under Section 9, investigate the actions of any
applicant or any person or persons
holding or claiming to hold a license. At least 10 days prior to the date
set for hearing the Department shall, before refusing to issue or renew
and before revoking a license, notify in
writing the applicant for or holder of a license, hereinafter called the
respondent,
that on the date designated a hearing will be held to determine whether the
respondent is privileged to hold such license.
The Director
shall, after a hearing, issue an order either issuing, renewing, refusing to
issue or renew, reinstating, or revoking the license. Such written
notice may be served personally on the respondent, or by registered or
certified mail sent to the respondent's business address as shown in his
latest notification to the Department.
The Department, over the signature of the Director, may subpoena any
person or persons in this State and take testimony orally, by deposition or
by exhibit, in the same manner and with the same fees and mileage as
prescribed in judicial proceedings in civil cases.

(Source: P.A. 89-154, eff. 7-19-95.)
 
(225 ILCS 645/11) (from Ch. 111, par. 411)
Sec. 11.
(Repealed).

(Source: P.A. 88-457. Repealed by P.A. 89-154, eff. 7-19-95.)
 
(225 ILCS 645/12) (from Ch. 111, par. 412)
Sec. 12.
(Repealed).

(Source: Laws 1965, p. 2950. Repealed by P.A. 89-154, eff. 7-19-95.)
 
(225 ILCS 645/13) (from Ch. 111, par. 413)
Sec. 13.
(Repealed).

(Source: P.A. 82-783. Repealed by P.A. 89-154, eff. 7-19-95.)
 
(225 ILCS 645/14) (from Ch. 111, par. 414)
Sec. 14.

Upon the revocation or suspension of any license, the licensee
shall forthwith surrender the license and any branch office licenses to the
Department, and if the licensee fails to do so, the Department has the
right to seize the same.

(Source: Laws 1965, p. 2950.)
 
(225 ILCS 645/15) (from Ch. 111, par. 415)
Sec. 15.

The Director may issue regulations, consistent with the provisions
of this Act, for the administration and enforcement thereof and may
prescribe forms for use in connection therewith.

(Source: Laws 1965, p. 2950.)
 
(225 ILCS 645/16) (from Ch. 111, par. 416)
Sec. 16.

Prior to the issuance of a license, as a livestock dealer,
each applicant therefor shall file a surety bond with the Department,
conditioned on his performance of all duties required by law of a
livestock dealer. The form of such bond shall be prescribed by the
Department. The bond shall specifically provide that the livestock dealer shall
pay when due, to the person or persons entitled thereto, the purchase
price of all livestock purchased by the livestock dealer. The surety on any such
bond shall be a surety company authorized to do business within the
State of Illinois. The amount of such bond shall be not less than the
nearest multiple of $2,000 above the average amount of livestock
purchases by such livestock dealer for 3 business days, based on the
total number of business days, and the total amount of such sales and
purchases in the preceding 12 months, or in such part thereof in which
such livestock dealer did business, if any. For the purpose of this computation,
260 days shall be deemed the number of business days in the year.
However, the amount of the bond shall not be less than $6,000, and when
the bond requirements exceed $50,000 calculated on the livestock
purchases as hereinbefore specified, the amount of the bond need not
exceed $50,000 plus 15% of the excess. Whenever there has been a change
in the gross amount of business transacted during the 12-month period
prior to the renewal of any license which would warrant an increase or
decrease in the amount of bond coverage required under this Act, the
livestock dealer shall have his bond adjusted accordingly upon receipt of notice
to that effect. A blanket bond based upon the gross amount of business
transacted on an annual basis for each enterprise operated under the
same ownership may be furnished by licensees in lieu of individual bonds
for each enterprise operated if they so desire. Such bond
shall be continuous in nature and shall provide that it may not be
cancelled without 30 days written notice of termination to the
Department prior to the effective date of such termination. In cases
where a livestock dealer under this Act has a bond on file with the United
States Department of Agriculture, Packers and Stockyards, Agricultural Marketing
Service, or any successor agency,
and such bond is in an amount and conditioned upon such terms so as to
meet the requirements of this Act, separate bond coverage under this Act
is not required. In any case where an applicant has sufficient bond
posted with the United States Department of Agriculture, Packers and Stockyards,
Agricultural Marketing Service, or any successor agency, to satisfy the
provisions of this Act, a
duplicate original of such bond shall be furnished to the Department and
such bond shall replace the State bond as if it were the State bond.
In lieu of filing such bond, the livestock dealer may deliver to the
Department the receipt of a duly authorized bank, savings and loan
association or trust company in
this State showing the deposit with the bank, savings and loan association
or trust company of cash or
of securities endorsed in blank by the owner thereof and of a market
value equal at least to the required principal amount of such bond, such
cash or securities to be deposited in escrow under agreement conditioned
as in the case of such bond. Such trust fund agreement shall be on forms
prescribed by the Department. An action for recovery against any such
deposit may be brought in the same manner as in the case of an action
for recovery on a bond filed hereunder. Any such receipt shall further
be accompanied by evidence that there are no unsatisfied judgments
against the livestock dealer of record in the county where the livestock dealer
resides.
Any livestock dealer required to maintain a surety bond under this Act
may elect to maintain, in whole or partial substitution for such surety
bond, one or more irrevocable letters of credit on which a trustee is authorized
to draw funds subject to a trust agreement. The amount of such letters
of credit, surety bond, trust fund agreement, or combination thereof, must
be the total amount of the surety bond otherwise required under this Act.
Such letters of credit and trust agreements shall be on forms prescribed
by the Department. Any letter of credit must be issued for a period of
not less than one year. The Director shall be trustee on any such trust agreement.
An action for recovery against this trust agreement with related letter
of credit may be brought in the same manner as in case of an action for
recovery on a bond filed hereunder. This letter of credit with trust agreement
may be terminated by any party to the agreement by providing the Department
with written notice of such termination of at least 30 days prior to the
effective date of termination. In any case when a livestock dealer
has elected to maintain one or more irrevocable letters of credit with
related trust agreements, in order to fulfill the bonding requirements of
the Packers and Stockyards Administration, United States Department of Agriculture,
or any successor agency, such letters of credit with trust agreements shall
satisfy the provisions of this Act, and such letters of credit with trust
agreements shall replace the State letters of credit with trust agreements
as if they were the State letters of credit with trust agreements.
Whenever the Director has reason to believe that any bond, or bond substitute,
filed or maintained under this Act is inadequate to secure the performance
of the obligations of the livestock dealer covered by such bond, he shall
notify the livestock dealer to adjust such bond to meet the requirements
of this Section, or, if such bond is inadequate because of the volume of
business conducted on a seasonal or otherwise irregular basis, to meet such
requirements as may be determined by the Director to be reasonable based
upon such seasonal or irregular operation.

(Source: P.A. 87-160.)
 
(225 ILCS 645/16.1) (from Ch. 111, par. 416.1)
Sec. 16.1.

A clearing agency providing services for clearees in Illinois,
is responsible for the financial obligations of such clearees arising from
livestock purchases, and must file a bond with the Department on prescribed
forms. Such bond shall be in an amount and conditioned upon such terms so
as to meet the requirements of this Act. In any case where a clearing agency
has sufficient bond posted with the
United States Department of Agriculture, Packers and Stockyards, Agricultural
Marketing Service, or any successor
agency, to satisfy the provisions of this Act, a duplicate original of such
bond shall be furnished to the Department, and such bond shall replace the
State bond as if it were the State bond.
The Director shall be named as trustee on any such bond. Any such bond
shall be continuous in nature and shall provide that it may not be cancelled
without 30 days prior written notice of termination to the Department.

(Source: P.A. 81-191.)
 
(225 ILCS 645/17) (from Ch. 111, par. 417)
Sec. 17.

Each licensee shall maintain records of each purchase under this
Act including identification of livestock purchased, the name and address
of the seller, and the date of purchase, and a record of each sale,
including date, buyer, number and identification of animals. All reports
of sales of female feeder cattle must be mailed to the
Department weekly on
forms furnished by the Department.
These records along with any accompanying health certificates shall be
maintained for a period of 3 years.

(Source: P.A. 91-457, eff. 1-1-00.)
 
(225 ILCS 645/17.1) (from Ch. 111, par. 418)
Sec. 17.1.


Each licensee shall file annually with the Department a report on
prescribed forms not later than April 15 following the calendar year end
or, if the records are kept on a fiscal year basis, not later than 90 days
after the close of his fiscal year. The Director on good cause shown, or on
his own motion, may grant a reasonable extension of the filing date or may
waive the filing of such reports in particular cases.

(Source: P.A. 77-1722.)
 
(225 ILCS 645/17.10)
Sec. 17.10.
Hearing rules.
The Illinois Administrative Procedure Act and
the Illinois
Department of Agriculture rules
adopted under that Act
apply to hearings under this Act.

(Source: P.A. 89-154, eff. 7-19-95.)
 
(225 ILCS 645/17.15)
Sec. 17.15.
Judicial review.
All final administrative decisions of the
Department are subject
to
judicial review under Article III of the Code of Civil Procedure and its rules.
The term "administrative decision" is defined as in Section 3-101 of the Code
of Civil Procedure. Proceedings for judicial review shall be commenced in the
circuit court of any county permitted by Section 3-104 of the Code of Civil
Procedure.

(Source: P.A. 89-154, eff. 7-19-95.)
 
(225 ILCS 645/18) (from Ch. 111, par. 419)
Sec. 18.
(Repealed).

(Source: P.A. 83-760. Repealed by P.A. 89-154, eff. 7-19-95.)
 
(225 ILCS 645/19) (from Ch. 111, par. 420)
Sec. 19.
License fees.
The following fees shall accompany each
application for a license,
and are not returnable:


(Source: P.A. 89-154, eff. 7-19-95.)
 
(225 ILCS 645/19.1) (from Ch. 111, par. 420.1)
Sec. 19.1.
All persons licensed under this Act must also comply with
all the provisions of the "Illinois Bovine
Brucellosis Eradication Act" and the rules adopted pursuant to that law,
the "Illinois Bovidae and Cervidae Tuberculosis Eradication Act"
and the rules adopted
pursuant to that law, the "Illinois Diseased Animals Act" and the rules
adopted pursuant to
that law, the "Humane Care for Animals Act" and the rules adopted pursuant to
that law, the "Livestock Auction Market Law" and the rules adopted pursuant
to that law, and the "Illinois Swine Brucellosis Eradication Act" and the
rules adopted pursuant to that law, and the "Illinois Pseudorabies Control Act" and the rules adopted pursuant to that law.

(Source: P.A. 97-813, eff. 7-13-12.)
 
(225 ILCS 645/19.2) (from Ch. 111, par. 420.2)
Sec. 19.2.
Administrative hearings and penalties.
Any person violating or
aiding or abetting the violation of any provision
of this Act, or any provision of any rule of the Department issued
under this Act, may be ordered, following an administrative hearing, to
pay the following administrative penalties:
(Source: P.A. 89-154, eff. 7-19-95.)
 
(225 ILCS 645/20) (from Ch. 111, par. 421)
Sec. 20.

This Act shall be known and may be cited as the "Illinois Livestock
Dealer Licensing Act".

(Source: P.A. 81-191.)

Structure Illinois Compiled Statutes