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Agriculture & Conservation Committee
Filed: 3/20/2007
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09500HB0822ham001 |
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LRB095 04192 CMK 33438 a |
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| AMENDMENT TO HOUSE BILL 822
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| AMENDMENT NO. ______. Amend House Bill 822 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Animal Control Act is amended by changing |
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| Sections 9, 11, and 15.3 and by adding Sections 2.17c and 15.4 |
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| as follows:
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| (510 ILCS 5/2.17c new) |
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| Sec. 2.17c. "Potentially dangerous dog" means a dog that is |
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| found running at large with 3 or more other dogs.
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| (510 ILCS 5/9) (from Ch. 8, par. 359)
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| Sec. 9. Any dog found running at large contrary to |
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| provisions of this Act
may
be apprehended and impounded. For |
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| this purpose, the Administrator shall
utilize any existing or |
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| available animal control facility or licensed animal shelter. |
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| The dog's owner shall pay a $25 public safety fine, $20 of |
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LRB095 04192 CMK 33438 a |
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| which shall be deposited into the Pet Population Control Fund |
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| and $5 of which shall be retained by the county or |
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| municipality. A dog found running at large contrary to the |
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| provisions of this Act a second or subsequent time must be |
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| spayed or neutered within 30 days after being reclaimed unless |
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| already spayed or neutered; failure to comply shall result in |
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| impoundment.
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| A dog that is actively engaged in a legal hunting activity, |
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| including training, is not considered to be running at large if |
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| the dog is on land that is open to hunting or on land on which |
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| the person has obtained permission to hunt or to train a dog. A |
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| dog that is in a dog-friendly area or dog park is not |
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| considered to be running at large if the dog is monitored or |
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| supervised by a person.
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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/11) (from Ch. 8, par. 361)
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| Sec. 11. When not redeemed by the owner, agent, or |
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| caretaker, a dog or cat must be scanned for a microchip. If a |
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| microchip is present, the registered owner must be notified. |
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| After contact has been made or attempted, dogs or cats deemed |
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| adoptable by the animal control facility shall be offered for |
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| adoption, or made available to a licensed humane society or |
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| rescue group. If no placement is available, it shall be
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| humanely dispatched pursuant to the Humane Euthanasia in Animal |
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| Shelters
Act. An animal pound
or animal shelter shall not adopt |
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LRB095 04192 CMK 33438 a |
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| or release any dog or cat to anyone other than the owner
when |
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| not redeemed by
the owner unless the animal has been rendered |
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| incapable of
reproduction
and microchipped, or the person |
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| wishing to adopt
an animal prior
to the surgical procedures |
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| having been performed shall have executed a written
agreement |
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| promising to have such service performed, including
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| microchipping, within
a specified period
of time not to exceed |
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| 30 days. Failure to fulfill the terms of the
agreement shall |
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| result in
seizure and impoundment of the animal and any |
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| offspring by the animal pound or shelter, and
any monies which |
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| have been deposited shall be forfeited and submitted to the Pet |
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| Population Control Fund on a yearly basis. This Act shall not
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| prevent humane societies from engaging in activities set forth |
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| by their
charters; provided, they are not inconsistent with |
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| provisions of this Act
and other existing laws. No animal |
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| shelter or animal control facility shall
release dogs or cats |
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| to an individual representing a rescue group, unless the
group |
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| has been licensed or has a foster care permit issued by the |
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| Illinois Department of Agriculture or
is a representative of a |
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| not-for-profit out-of-state organization. The Department may |
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| suspend or
revoke the license of
any animal shelter or animal |
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| control facility that fails to comply with the
requirements set |
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| forth in this Section or that fails to report its intake and |
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| euthanasia statistics each year.
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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/15.3)
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| Sec. 15.3. Dangerous dog; appeal.
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| (a) The owner of a dog found to be a dangerous dog pursuant |
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| to this Act by
an
Administrator may file a complaint against |
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| the Administrator in the circuit
court within
35 days of |
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| receipt of notification of the determination, for a de novo |
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| hearing
on the
determination. The proceeding shall be conducted |
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| as a civil hearing pursuant to
the
Illinois Rules of Evidence |
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| and the Code of Civil Procedure, including the
discovery
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| provisions. After hearing both parties' evidence, the court may |
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| make a
determination of
dangerous dog if the Administrator |
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| meets his or her burden of proof of a preponderance of the |
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| evidence
of clear
and
convincing evidence . The final order of |
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| the circuit court may be appealed
pursuant to the
civil appeals |
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| provisions of the Illinois Supreme Court Rules.
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| (b) The owner of a dog found to be a dangerous dog pursuant |
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| to this Act by
the
Director may, within 14 days of receipt of |
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| notification of the determination,
request an
administrative |
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| hearing to appeal the determination. The administrative |
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| hearing
shall be
conducted pursuant to the Department of |
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| Agriculture's rules applicable to
formal
administrative |
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| proceedings, 8 Ill. Adm. Code Part 1, SubParts A and B. An
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| owner
desiring
a
hearing shall make his or her request for a |
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| hearing to the Illinois Department
of
Agriculture. The final |
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| administrative decision of the Department may be
reviewed
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| judicially by the circuit court of the county wherein the |
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| person resides or, in
the case of a
corporation, the county |
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| where its registered office is located. If the
plaintiff in a |
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| review
proceeding is not a resident of Illinois, the venue |
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| shall be in Sangamon
County. The
Administrative Review Law and |
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| all amendments and modifications thereof, and the
rules
adopted |
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| thereto, apply to and govern all proceedings for the judicial |
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| review of
final
administrative decisions of the Department |
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| hereunder.
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| (c) Until the order has been reviewed and at all times |
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| during the appeal
process,
the owner shall comply with the |
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| requirements set forth by the Administrator,
the court, or
the |
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| Director.
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| (d) At any time after a final order has been entered, the |
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| owner may petition
the
circuit court to reverse the designation |
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| of dangerous dog.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/15.4 new) |
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| Sec. 15.4. Potentially dangerous dog. A dog found running |
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| at large with 3 or more other dogs may be deemed a potentially |
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| dangerous dog by the animal control warden or administrator. |
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| Potentially dangerous dogs shall be spayed or neutered and |
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| microchipped within 14 days of reclaim. Failure to comply with |
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| this Section will result in impoundment of the dog or a fine of |
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| $500. ".
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