SB2462sam001 101ST GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 2/25/2020

10100SB2462sam001 LRB101 16819 BMS 70078 a

AMENDMENT TO SENATE BILL 2462

AMENDMENT NO. ______. Amend Senate Bill 2462 on page 1, line 5 by replacing "Section 143.10d" with "Sections 143.10d and 143.10e"; and

on page 1, line 11, by replacing "or lease" with ", lease, or rental"; and

on page 1, line 20, by replacing "or lease" with ", lease, or rental"; and

on page 2, immediately below line 5, by inserting the following:

"(215 ILCS 5/143.10e new)

Sec. 143.10e. Claim information for a dog-related incident. An insurance company offering homeowner's insurance coverage or renter's insurance coverage that issues a policy or contract insuring against liability for injury to a person or injury to or destruction of property arising out of the ownership, lease, or rental of residential property shall, for any claim involving a dog-related incident, record circumstances relating to the incident, including, but not limited to:

(1) if the perceived breed of the dog is noted on the claim, whether the determination of breed was based on visual identification or other methods, such as American Kennel Club registration or DNA testing, and, if the breed was determined by visual identification, who made the visual identification and the qualifications of the person making the visual identification;

(2) the sex of the dog and whether the dog was spayed or neutered;

(3) whether, at the time of the incident, the person or domestic animal who was injured, attacked, or threatened by the dog had breached an enclosure or structure in which the dog was kept apart from the public and such person or domestic animal was not authorized by the owner of the premises to be within the enclosure or structure, including, but not limited to, a gated, fenced-in area if the gate was closed, whether locked or unlocked;

(4) for what purpose the person or domestic animal who was injured, attacked, or threatened by the dog was on the property, including, but not limited to, a resident, invitee, licensee, trespasser, or other status;

(5) whether the dog was on a leash or a chain at the time of the incident and whether the incident occurred indoors or outdoors;

(6) whether the person injured by the dog was engaged in teasing, tormenting, battering, assaulting, injuring, or otherwise provoking the dog;

(7) the age and behavior of the victim when the incident occurred;

(8) the exact location of the dog and the victim prior to the incident;

(9) whether the incident occurred on the owner's property or elsewhere;

(10) any training, past behavior, or medical evaluations of the dog;

(11) whether the dog was declared dangerous or vicious pursuant to the Animal Control Act;

(12) whether the person who was injured by the dog was committing a crime upon the person or property of the owner or keeper of the dog;

(13) whether the dog was protecting or defending itself, its offspring, another domestic animal, or a person from attack or assault; and

(14) the amount of any claim paid to the victim of the dog-related incident.

This information shall be collected beginning on January 1, 2022 and shall be reported annually to the Department of Insurance and be made available on the Department's website.".