HB4367 94TH GENERAL ASSEMBLY

LRB094 16382 RSP 51635 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4367

Introduced 1/4/2006, by Rep. William B. Black

SYNOPSIS AS INTRODUCED:

See Index

Creates the Vicious Dog Attack Victim Relief Fund Act. Provides that the Department shall establish the Vicious Dog Attack Victim Relief Fund Program to reimburse victims and their families for medical bills, lost wages, and other damages resulting from serious physical injuries caused by a vicious dog attack. Sets forth certain conditions for the operation of the Program and the Vicious Dog Attack Victim Relief Fund. Amends the State Finance Act to create the Vicious Dog Attack Victim Relief Fund as a special fund in the State treasury. Amends the Animal Control Act. Provides that "dangerous" and "vicious" designations apply to all animals (now, only dogs may be deemed "dangerous" or "vicious"). Provides that an "owner" includes a person who knowingly permits an animal to remain on or about any premises occupied by that person. Provides that County Boards shall impose an individual dog registration fee and may impose an individual cat and ferret registration fee (now, shall impose animal and litter registration fee). Requires every owner of a dog, cat, or ferret 4 months or more of age to have that dog, cat, or ferret inoculated against rabies. Provides that any companion animal, which includes, but is not limited to, dogs, cats, ferrets, and horses, found running at large may be apprehended and impounded (now, limited to dogs). Requires the owner of a biting animal to remit to the Department of Public Health a $25 public safety fine within 30 days after notice for deposit into the Vicious Dog Attack Victim Relief Fund. Authorizes an administrative hearing officer to make a "vicious animal" determination. Provides that if an owned animal is found to be a "vicious animal", the owner shall be guilty of a Class 4 felony, pay a $500 fine to be deposited in the Animal Control Fund, and the court of administrative hearing officer shall order the animal subject to enclosure or euthanized. Requires any animal designated as "dangerous" to be under physical control by an adult 18 years of age or older whenever the animal is off of the premises of its owner. Requires owners of dangerous animals that relocate to notify both the Administrator of the County Animal Control where he or she has relocated to and the Administrator of the County Animal Control where he or she formerly resided. Requires all animal control facilities in the State to report certain information. Provides that if the owner of a dangerous animal knowingly fails to comply with any order regarding the animal and the animal inflicts physical injury or serious physical injury on a person or companion animal, the owner shall be guilty of a Class 4 felony. Provides that if the owner of a dangerous animal fails to comply with any order regarding the animal and the animal kills a person or contributes to the death of a person the owner shall be guilty of a Class 3 felony. Makes other changes. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Vicious Dog Attack Victim Relief Fund Act.

Section 5. Definitions. As used in this Act:

"Director" means the Director of Public Health.

"Department" means the Department of Public Health.

"Fund" means the Vicious Dog Attack Victim Relief Fund established by this Act.

"Serious physical injury" means a physical injury that creates a substantial risk of death or that results in death, serious disfigurement, protracted impairment of health, impairment of the function of any boily organ, or plastic surgery.

"Vicious Dog" means a dog that attacks a person and causes serious physical injury or contributes to the death of a person.

Section 10. Vicious Dog Attack Victim Relief Program. The Department shall establish the Vicious Dog Attack Victim Relief Program. The purpose of this Program shall be to reimburse victims and their families for medical bills, lost wages, and other damages resulting from serious physical injuries caused by a vicious dog attack. The Program shall begin collecting funds as of the effective date of this amendatory Act and shall begin distributions on and after January 1, 2007.

Section 15. Eligibility. A resident of this State who suffers a serious physical injury from a vicious dog attack or the dependent child or children of the victim are eligible for Program distributions.

Section 20. Distributions. The Director shall reimburse, the the extent that funds are available, eligible persons a one time sum to supplement and offset any medical costs and lost wages directly resulting from the vicious dog attack. To receive this reimbursement, the eligible person must submit an application to the Department.

Section 25. Rulemaking. The Director shall adopt rules for the administration of this Act. Those rules shall include requirements relative to:

(1) the format and content of all forms required under this Act;

(2) proof of eligibility;

(3) administration of the Fund;

(4) a percentage of Fund moneys dedicated to education of the public concerning responsible pet ownership;

(5) a method of notifying victims of vicious dog attacks of their possible eligibility for Fund distributions; and

(6) any other matter reasonable necessary for the administration of this Act.

Section 30. Enforcement; administrative fine. Any person who knowingly falsifies proof of eligibility for or participation in any program under this Act, knowingly furnishes the Department with inaccurate information concerning the ownership of a dog declared vicious, or violates any provision of this Act may be subject to an administrative fine not to exceed $5000 for each violation.

Section 35. Vicious Dog Attack Victim Relief Fund. The Vicious Dog Attack Victim Relief Fund is established as a special fund in the State treasury. Moneys generated from certain public safety fines collected as provided in the Animal Control Act, gifts, donations, and funds from any other source given or appropriated to the Department for the purposes of this Act shall be used by the Department to reimburse the victims of vicious dog attacks and their dependents pursuant to the Program established in this Act, to educate the public about responsible pet ownership, and for reasonable administrative and personnel costs related to the Fund.

Section 90. The State Finance Act is amended by adding Section 5.663 as follows:

(30 ILCS 105/5.663 new)

Sec. 5.663. The Vicious Dog Attack Victim Relief Fund.

Section 93. The Animal Control Act is amended by changing Sections 2.04a, 2.05a, 2.11, 2.11a, 2.11b, 2.16, 2.18, 2.19a, 2.19b, 3, 5, 8, 9, 10, 11, 12, 13, 15, 15.1, 15.2, 15.3, 16.5, 19, 20, 24, and 26 and by adding Sections 2.01a, 2.02a, 2.02b, 2.04b, 9.1, 2.15a, and 22.5 as follows:

(510 ILCS 5/2.01a new)

Sec. 2.01a. "Administrative hearing officer" means an individual appointed by the County Board to hear cases involving vicious animals. The individual appointed shall be a licensed attorney with experience in judicial proceedings independent of the County.

(510 ILCS 5/2.02a new)

Sec. 2.02a. "Animal control" means the Administrator, Deputy Administrator, Animal Control Wardens, or the law enforcement authorities charged with the enforcement of this Act.

(510 ILCS 5/2.02b new)

Sec. 2.02b. "Animal control facility" means any facility operated by or under contract for the State, County, or any unit of local government for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals.

(510 ILCS 5/2.04b new)

Sec. 2.04b. "Companion animal" means an animal that is commonly considered to be, or is considered by the owner to be, a pet. "Companion animal" includes, but is not limited to, canines, felines, ferrets, and equines.

(510 ILCS 5/2.05a)

Sec. 2.05a. "Dangerous animal dog" means (i) any individual animal dog anywhere other than upon the property of the owner or custodian of the dog and unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal or (ii) an animal that injures a companion animal, livestock, or equidae a dog that, without justification, bites a person and does not cause serious physical injury.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/2.11) (from Ch. 8, par. 352.11)

Sec. 2.11.

"Dog" means all members of the family Canis Familiaris Canidae.

(Source: P.A. 78-795.)

(510 ILCS 5/2.11a)

Sec. 2.11a. "Enclosure" means a fence or structure of at least 6 feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious animal dog in conjunction with other measures that may be taken by the owner or keeper, such as tethering of the vicious animal dog within the enclosure. The enclosure shall be securely enclosed and locked at all times and designed with secure sides, top, and bottom and shall be designed to prevent the animal from escaping from the enclosure. If the enclosure is a room within a residence, it cannot have direct ingress from or egress to the outdoors unless it leads directly to an approved outside enclosure enclosed pen and the door must be locked. A vicious dog may be allowed to move about freely within the entire residence if it is muzzled at all times.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/2.11b)

Sec. 2.11b. "Feral cat" means a cat that exists in a wild or untamed state, either due to birth or reversion to a wild state from domestication. The usual and consistent temperament of a feral cat is extreme fear and resistance to contact with humans. Feral cats are completely or substantially unsocialized to humans. (i) is born in the wild or is the offspring of an owned or feral cat and is not socialized, (ii) is a formerly owned cat that has been abandoned and is no longer socialized, or (iii) lives on a farm.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/2.15a new)

Sec. 2.15a. "Livestock" means any equine, bovine, ratites sheep, goat, swine, llama, alpaca, domestic rabbit, or domestic fowl.

(510 ILCS 5/2.16) (from Ch. 8, par. 352.16)

Sec. 2.16. "Owner" means any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his care, or acts as its custodian, or who knowingly permits an animal a dog to remain on any premises occupied by him or her. "Owner" may does not include a feral cat caretaker participating in a County Animal Control approved trap, spay/neuter, return, or release program.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/2.19b)

Sec. 2.19b. "Vicious animal dog" means an animal a dog that (i) , without justification, attacks a person and causes physical injury, serious physical injury, or death, (ii) an animal that, while off its owner's property, kills any companion animal, livestock, or equidae, or (iii) any individual animal dog that has been found to be a "dangerous animal dog" upon 2 separate 3 separate occasions.

(Source: P.A. 93-548, eff. 8-19-03.)

(510 ILCS 5/3) (from Ch. 8, par. 353)

Sec. 3. The County Board Chairman with the consent of the County Board shall appoint an Administrator. Appointments shall be made as necessary to keep this position filled at all times. The Administrator may appoint as many Deputy Administrators and Animal Control Wardens to aid him or her as authorized by the Board. The compensation for the Administrator, Deputy Administrators, and Animal Control Wardens shall be fixed by the Board. The Administrator may be removed from office by the County Board Chairman, with the consent of the County Board.

The Board shall provide necessary personnel, training, equipment, supplies, and facilities, and shall operate animal control facilities pounds or contract for their operation as necessary to effectuate the program. The Board may enter into contracts or agreements with persons to assist in the operation of the program and may establish a county animal population control program.

The Board shall be empowered to utilize monies from their General Corporate Fund to effectuate the intent of this Act.

The Board is authorized by ordinance to require the registration of dogs, cats, and ferrets and may require microchipping of dogs, and cats, and ferrets. The Board shall impose an individual dog or cat registration fee and may impose an individual cat and ferret registration fee with a minimum differential of $10 for intact dogs or cats. Ten dollars of the differential shall be placed either in a county animal population control fund or in the State's Pet Population Control Fund. If the money is placed in the county animal population control fund it shall be used to (i) spay, neuter, or sterilize adopted dogs or cats or (ii) spay or neuter dogs or cats owned by low income county residents who are eligible for the Food Stamp Program. All persons selling dogs, or cats, or ferrets or keeping registries of dogs, or cats, or ferrets shall cooperate and provide information to the Administrator as required by Board ordinance, including sales, number of litters, and ownership of dogs, and cats, and ferrets. If microchips are required, the microchip number may serve as the county animal control registration number.

In obtaining information required to implement this Act, the Department shall have power to subpoena and bring before it any person in this State and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law for civil cases in courts of this State.

The Director shall have power to administer oaths to witnesses at any hearing which the Department is authorized by law to conduct, and any other oaths required or authorized in any Act administered by the Department.

This Section does not apply to feral cats.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/8) (from Ch. 8, par. 358)

Sec. 8. Every owner of a dog, cat, or ferret 4 months or more of age shall have each dog, cat, or ferret inoculated against rabies by a licensed veterinarian. Every dog, cat, or ferret shall have a second rabies vaccination within one year of the first. Terms of subsequent vaccine administration and duration of immunity must be in compliance with USDA licenses of vaccines used. Evidence of such rabies inoculation shall be entered on a certificate the form of which shall be approved by the Board and which shall contain the microchip number of the animal if it has one and which shall be signed by the licensed veterinarian administering the vaccine. Veterinarians who inoculate a dog, cat, or ferret shall procure from the County Animal Control in the county where their office is located serially numbered tags, one to be issued with each inoculation certificate. Only one dog, cat, or ferret shall be included on each certificate. The veterinarian immunizing or microchipping an animal shall provide the Administrator of the county in which the animal resides with a certificate of immunization and microchip number. The Board shall cause a rabies inoculation tag to be issued, at a fee established by the Board for each dog, cat, or ferret inoculated against rabies.

Rabies vaccine for use on animals shall be sold or distributed only to and used only by licensed veterinarians. Such rabies vaccine shall be licensed by the United States Department of Agriculture.

This Section does not apply to feral cats.

If a licensed veterinarian determines in writing that a rabies inoculation would compromise an animal's health and if the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator approves, then the animal may shall be exempt from the rabies inoculation shot requirement; however, but the owner is must still be responsible for the registration of the dog, cat, or ferret if required by the County Board and the registration fees. If a bite occurs, the exempt animal shall be treated as an unvaccinated animal. An exempt animal must be vaccinated against rabies as soon as its health permits.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/9) (from Ch. 8, par. 359)

Sec. 9. Any companion animal dog found running at large contrary to provisions of this Act may be apprehended and impounded. For this purpose, the Administrator shall utilize any existing or available animal control facility or licensed animal shelter. If the companion animal is a dog, the The dog's owner shall pay a $25 public safety fine, $20 of which shall be deposited into the Pet Population Control Fund and $5 of which shall be retained by the county or municipality. A dog or cat found running at large contrary to the provisions of this Act a second or subsequent time must be spayed or neutered within 30 days after being reclaimed unless already spayed or neutered; failure to comply shall result in impoundment.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/9.1 new)

Sec. 9.1. A dog that is actively engaged in a legal hunting activity, including training, is not considered to be running at large if the dog is monitored or supervised by a person and the dog is on land that is open to hunting or on land on which the person has obtained permission to hunt or to train the dog.

(510 ILCS 5/10) (from Ch. 8, par. 360)

Sec. 10. Impoundment; redemption. When companion animals dogs or cats are apprehended and impounded, they must be scanned for the presence of a microchip and cannot be adopted, moved, or euthanized without a second scanning. The Administrator shall make every reasonable attempt to contact the owner or feral cat caretaker as defined by Section 2.16 as soon as possible. The Administrator shall give notice of not less than 7 business days to the owner prior to disposal of the animal. Such notice shall be mailed to the last known address of the owner. Testimony of the Administrator, or his or her authorized agent, who mails such notice shall be evidence of the receipt of such notice by the owner of the animal.

In case the owner of any impounded companion animal dog or cat desires to make redemption thereof, he or she may do so by doing the following:

a. Presenting proof of current rabies inoculation and registration, if applicable.

b. Paying for the rabies inoculation of the dog, or cat, or ferret and registration, if applicable.

c. Paying the animal control facility pound for the board and any reasonable medical costs incurred by of the companion animal dog or cat for the period it was impounded.

d. Paying into the Animal Control Fund an additional impoundment fee as prescribed by the Board as a penalty for the first offense and for each subsequent offense.

e. Paying a $25 public safety fine to be deposited into the Pet Population Control Fund; the fine shall be waived if it is the dog's or cat's first impoundment and the owner has the animal spayed or neutered within 14 days.

f. Paying for microchipping and registration of the microchip, if required, if not already done.

The payments required for redemption under this Section shall be in addition to any other penalties invoked under this Act and the Illinois Public Health and Safety Animal Population Control Act. An animal control agency shall assist and share information with the Director of Public Health in the collection of public safety fines.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/11) (from Ch. 8, par. 361)

Sec. 11. Companion animals When not redeemed by the owner, agent, or caretaker, a dog or cat must be scanned for a microchip. If a microchip is present, the registered owner must be notified. After contact has been made or attempted, dogs or cats deemed adoptable by the animal control facility may shall be offered for adoption, or made available to a licensed humane society or rescue group. If no placement is available, it shall be humanely dispatched pursuant to the Humane Euthanasia in Animal Shelters Act. An animal control facility pound or animal shelter shall not release any dog, or cat, or ferret when not redeemed by the owner unless the animal has been surgically rendered incapable of reproduction by spaying or neutering and microchipped, or the person wishing to adopt an animal prior to the surgical procedures having been performed shall have executed a written agreement promising to have such service performed, including microchipping if required, within a specified period of time not to exceed 30 days. Failure to fulfill the terms of the agreement shall result in seizure and impoundment of the animal and any offspring by the animal control facility pound or shelter, and any monies which have been deposited shall be forfeited and submitted to the Pet Population Control Fund on a yearly basis. This Act shall not prevent humane societies from engaging in activities set forth by their charters; provided, they are not inconsistent with provisions of this Act and other existing laws. No animal shelter or animal control facility shall release dogs, or cats, or ferrets to an individual representing a rescue group, unless the group has been licensed by or has a foster care permit issued by the Illinois Department of Agriculture or is a representative of a not-for-profit out-of-state organization. The Department may suspend or revoke the license of any animal shelter or animal control facility that fails to comply with the requirements set forth in this Section or that fails to report its intake and euthanasia statistics each year.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/12) (from Ch. 8, par. 362)

Sec. 12. The owner of any animal which exhibits clinical signs of rabies, whether or not the animal has been inoculated against rabies, shall immediately notify the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator. , The Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator and shall promptly confine the animal, or have it confined, under licensed veterinary suitable observation, for a period of at least 10 days, unless officially authorized by the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator, in writing, to release it sooner. Any animal that has had direct contact with the animal and that has not been inoculated against rabies, shall be confined as recommended by the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator. If an owner fails to confine the animal, as required by the Administrator, animal control shall impound the animal and the owner shall be responsible for the costs incurred.

(Source: P.A. 93-548, eff. 8-19-03.)

(510 ILCS 5/13) (from Ch. 8, par. 363)

Sec. 13. Dog or other animal bites; observation of animal.

(a) Except as otherwise provided in subsection (b) of this Section, when the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator receives information that any person has been bitten by a companion animal an animal, the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator, or his or her authorized representative, shall have such dog, cat, or ferret or other companion animal animal confined under the observation of a licensed veterinarian for a period of 10 days. The Department may permit such confinement to be reduced to a period of less than 10 days. A veterinarian shall report the clinical condition of the animal immediately, with confirmation in writing to the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator within 24 hours after the animal is presented for examination, giving the owner's name, address, the date of confinement, the breed, description, age, and sex of the animal, and whether the animal has been spayed or neutered, on appropriate forms approved by the Department. The Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator shall notify the attending physician or responsible health agency. At the end of the confinement period, the veterinarian shall submit a written report to the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator advising him or her of the final disposition of the animal on appropriate forms approved by the Department. When evidence is presented that the animal was inoculated against rabies within the time prescribed by law, it may shall be confined in a house, or in a manner which will prohibit it from biting any person for a period of 10 days, if the Administrator or Deputy Administrator a licensed veterinarian adjudges such confinement satisfactory. The Department may permit such confinement to be reduced to a period of less than 10 days. At the end of the confinement period, the animal shall be examined by a licensed veterinarian, spayed or neutered and microchipped.

Any person having knowledge that any person has been bitten by an animal shall notify the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator within 24 hours promptly. It is unlawful for the owner of the animal to euthanize, sell, give away, or otherwise dispose of any animal known to have bitten a person, until it is released by the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator, or his or her authorized representative. It is unlawful for the owner of the animal to refuse or fail to comply with the reasonable written or printed instructions made by the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator, or his authorized representative. If such instructions cannot be delivered in person, they shall be mailed to the owner of the animal by regular mail. Any expense incurred in the handling of an animal under this Section and Section 12 shall be borne by the owner. The owner of a biting animal must also remit to the Department of Public Health, for deposit into the Vicious Dog Attack Victim Relief Fund Pet Population Control Fund, a $25 public safety fine within 30 days after notice.

(b) When a person has been bitten by a police dog that is currently vaccinated against rabies, the police dog may continue to perform its duties for the peace officer or law enforcement agency and any period of observation of the police dog may be under the supervision of a peace officer. The supervision shall consist of the dog being locked in a kennel, performing its official duties in a police vehicle, or remaining under the constant supervision of its police handler.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/15) (from Ch. 8, par. 365)

Sec. 15. Vicious animal determination; appeals. (a) In order to have owned animal a dog deemed "vicious", the Administrator, Deputy Administrator, animal control warden, or law enforcement officer must give notice of the infraction that is the basis of the investigation to the owner, conduct a thorough investigation, interview any witnesses, including the owner, gather any existing medical records, veterinary medical records or behavioral evidence, and make a detailed report recommending a finding that the animal dog is a vicious animal, dog give the report to the owner, and schedule an administrative hearing pursuant to the Illinois Administrative Procedure Act before an Administrative Hearing Officer as defined in this Act or give the report to the States Attorney's Office and the owner. The Administrator, Deputy Administrator, State's Attorney, Director, or any citizen of the county in which the animal dog exists may file a complaint in the circuit court in the name of the People of the State of Illinois to deem an animal a dog to be a vicious animal dog. Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert may be relevant to the court's determination of whether the dog's behavior was justified. The petitioner must prove the animal dog is a vicious animal dog by a preponderance of the clear and convincing evidence. The Administrator shall determine where the animal shall be confined during the pendency of the case.

An animal A dog may not be declared vicious if the court or Administrative Hearing Officer determines the conduct of the animal dog was justified because:

(1) the threat, injury, or death was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the animal dog, or was committing a willful trespass or other tort upon the premises or property owned or occupied by the owner of the animal;

(2) the injured, threatened, or killed person was abusing, assaulting, or physically threatening the animal dog or its offspring, or has in the past abused, assaulted, or physically threatened the dog or its offspring; or

(3) the animal dog was responding to pain or injury, or was protecting itself, its owner, custodian, or member of its household, kennel, or offspring.

No owned animal dog shall be deemed "vicious" if it is a professionally trained dog for law enforcement or guard duties. Vicious dogs shall not be classified in a manner that is specific as to breed.

If the burden of proof has been met, the court or Administrative Hearing Officer shall deem the animal dog to be a vicious animal dog.

If an owned animal a dog is found to be a vicious animal dog, the owner shall be guilty of a Class 4 felony, pay a $500 $100 public safety fine to be deposited into the Animal Control Fund Pet Population Control Fund, and the court or Administrative Hearing Officer shall order animal subject to enclosure or euthanized. If subject to enclosure, the animal dog shall be spayed or neutered within 10 days of the finding at the expense of its owner and microchipped, if not already, and the dog is subject to enclosure. If an owner fails to comply with these requirements, the animal control agency shall impound the animal dog and the owner shall pay a $500 fine plus impoundment fees to the animal control agency impounding the animal dog. The judge has the discretion to order a vicious dog be euthanized. An animal A dog found to be a vicious animal dog shall not be released to the owner until the Administrator, Deputy Administrator, an Animal Control Warden, or the Director approves the enclosure. No owner or keeper of a vicious animal dog shall sell or give away the animal dog without approval from the Administrator or court. Whenever an owner of a vicious animal dog relocates, he or she shall notify both the Administrator of County Animal Control where he or she has relocated and the Administrator of County Animal Control where he or she formerly resided.The animal shall not be relocated until the new location and the manner of relocation have been approved by the appropriate Administrator.

(b) It shall be unlawful for any person to keep or maintain any animal dog which has been found to be a vicious animal dog unless the animal dog is kept in an enclosure. The only times that a vicious animal dog may be allowed out of the enclosure are (1) if it is necessary for the owner or keeper to obtain veterinary care for the animal dog, (2) in the case of an emergency or natural disaster where the animal's dog's life is threatened, or (3) to comply with the order of a court of competent jurisdiction, provided that the animal dog is securely muzzled and restrained with a leash not exceeding 6 feet in length, and shall be under the direct control and supervision of the owner or keeper of the animal dog or muzzled in its residence.

Any animal dog which has been found to be a vicious animal dog and which is not confined to an enclosure shall be impounded by the Administrator, an Animal Control Warden, or the law enforcement authority having jurisdiction in such area.

If the owner of the animal dog has not appealed the impoundment order to the circuit court in the county in which the animal was impounded within 10 15 working days, the animal dog may be euthanized.

Upon filing a notice of appeal, the order of euthanasia shall be automatically stayed pending the outcome of the appeal. The owner shall bear the burden of timely notification to animal control in writing.

Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and sentry, guard, or police-owned dogs are exempt from this Section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this Section, each such dog shall be currently inoculated against rabies in accordance with Section 8 of this Act. It shall be the duty of the owner of such exempted dog to notify the Administrator of changes of address. In the case of a sentry or guard dog, the owner shall keep the Administrator advised of the location where such dog will be stationed. The Administrator shall provide police and fire departments with a categorized list of such exempted dogs, and shall promptly notify such departments of any address changes reported to him.

(c) If the animal control agency has custody of the animal, pursuant to this Section dog, the agency may file a petition with the court requesting that the owner be ordered to post security. The security must be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the animal control agency or animal shelter in caring for and providing for the animal dog pending the determination. Reasonable expenses include, but are not limited to, estimated medical care and boarding of the animal for 30 days. If security has been posted in accordance with this Section, the animal control agency may draw from the security the actual costs incurred by the agency in caring for the animal dog.

(d) Upon receipt of a petition, the court must set a hearing on the petition, to be conducted within 5 business days after the petition is filed. The petitioner must serve a true copy of the petition upon the defendant at least 48 hours prior to the scheduled hearing.

(e) If the court orders the posting of security, the security must be posted with the clerk of the court within 5 business days after the hearing. If the person ordered to post security does not do so, the animal dog is forfeited by operation of law and the animal control agency must dispose of the animal through adoption or humane euthanization.

(f) For purposes of this Section, all costs of impoundment, disposition, boarding, medical, or other costs related to the determination of vicious animal shall be borne by the owner if the animal is found to be vicious.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/15.1)

Sec. 15.1. Dangerous animal dog determination.

(a) After a thorough investigation including: sending, within 10 business days of the Administrator or Director becoming aware of the alleged infraction, notifications to the owner of the alleged infractions, the fact of the initiation of an investigation, and affording the owner an opportunity to meet with the Administrator or Director prior to the making of a determination; gathering of any medical or veterinary evidence; interviewing witnesses; and making a detailed written report, an animal control warden, deputy administrator, or law enforcement agent may ask the Administrator, or his or her designee, or the Director, to deem an owned animal a dog to be "dangerous". No animal dog shall be deemed a "dangerous animal dog" unless shown to be a dangerous animal dog by a preponderance of evidence. The owner shall be sent immediate notification of the determination by registered or certified mail that includes a complete description of the appeal process.

(b) An owned animal may A dog shall not be declared dangerous if the Administrator, or his or her designee, or the Director determines the conduct of the animal dog was justified because:

(1) the threat was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the animal dog or was committing a willful trespass or other tort upon the premises or property occupied by the owner of the animal;

(2) the threatened person was abusing, or assaulting, or physically threatening the animal dog or its offspring;

(3) the injured, threatened, or killed companion animal was attacking or threatening to attack the animal dog or its offspring; or

(4) the animal dog was responding to pain or injury or was protecting itself, its owner, custodian, or a member of its household, kennel, or offspring.

(c) Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert may be relevant to the determination of whether the dog's behavior was justified pursuant to the provisions of this Section.

(c) (d) If deemed dangerous, the Administrator, or his or her designee, or the Director shall order (i) the animal's dog's owner to pay a $50 public safety fine to be deposited into the Animal Control Fund Pet Population Control Fund, (ii) the animal dog to be spayed or neutered within 10 14 days at the owner's expense and microchipped, if not already, and (iii) one or more of the following as deemed appropriate under the circumstances and necessary for the protection of the public:

(1) evaluation of the dog by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by the expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this subsection; or

(2) the animal to be under physical control direct supervision by an adult 18 years of age or older whenever the animal is off of the on public premises of its owner.

(d) (e) The Administrator shall may order a dangerous animal dog to be muzzled whenever it is off of the on public premises of its owner in a manner that will prevent it from biting any person or animal, but that shall not injure the animal dog or interfere with its vision or respiration.

(e) (f) Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and sentry, guard, or police-owned dogs are exempt from this Section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this Section, each such dog shall be currently inoculated against rabies in accordance with Section 8 of this Act and performing duties as expected. It shall be the duty of the owner of the exempted dog to notify the Administrator of changes of address. In the case of a sentry or guard dog, the owner shall keep the Administrator advised of the location where such dog will be stationed. The Administrator shall provide police and fire departments with a categorized list of the exempted dogs, and shall promptly notify the departments of any address changes reported to him or her.

(f) (g) An animal control agency has the right to impound a dangerous animal dog if the owner fails to comply with the requirements of this Act.

(g) Whenever an owner of a dangerous animal relocates, he or she shall notify both the Administrator of the County Animal Control where he or she has relocated and the Administrator of the County Animal Control where he or she formerly resided.

(h) If the owner of a dangerous animal intends to transfer ownership to another person he or she shall notify the Administrator of the County Animal Control where he or she resides.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/15.2)

Sec. 15.2. Dangerous animals dogs; leash. It is unlawful for any person to knowingly or recklessly permit any dangerous animal dog to leave the premises of its owner when not muzzled and under control by leash, not to exceed 6 feet in length, or other recognized control methods.

(Source: P.A. 93-548, eff. 8-19-03.)

(510 ILCS 5/15.3)

Sec. 15.3. Dangerous animal dog; appeal.

(a) The owner of an animal a dog found to be a dangerous animal dog pursuant to this Act by an Administrator may file a complaint against the Administrator in the circuit court within 35 days of receipt of notification of the determination, for a de novo hearing on the determination. The proceeding shall be conducted as a civil hearing pursuant to the Illinois Rules of Evidence and the Code of Civil Procedure, including the discovery provisions. After hearing both parties' evidence, the court may make a determination of dangerous animal dog if the Administrator meets his or her burden of proof of by a preponderance of the evidence clear and convincing evidence. The final order of the circuit court may be appealed pursuant to the civil appeals provisions of the Illinois Supreme Court Rules.

(b) The owner of a animal dog found to be a dangerous animal dog pursuant to this Act by the Director may, within 14 days of receipt of notification of the determination, request an administrative hearing to appeal the determination. The administrative hearing shall be conducted pursuant to the Department of Agriculture's rules applicable to formal administrative proceedings, 8 Ill. Adm. Code Part 1, SubParts A and B. An owner desiring a hearing shall make his or her request for a hearing to the Illinois Department of Agriculture. The final administrative decision of the Department may be reviewed judicially by the circuit court of the county wherein the person resides or, in the case of a corporation, the county where its registered office is located. If the plaintiff in a review proceeding is not a resident of Illinois, the venue shall be in Sangamon County. The Administrative Review Law and all amendments and modifications thereof, and the rules adopted thereto, apply to and govern all proceedings for the judicial review of final administrative decisions of the Department hereunder.

(c) Until the order has been reviewed and at all times during the appeal process, the owner shall comply with the requirements set forth by the Administrator, the court, or the Director.

(d) At any time after a final order has been entered, the owner may petition the circuit court to reverse the designation of dangerous animal dog.

(Source: P.A. 93-548, eff. 8-19-03.)

(510 ILCS 5/16.5)

Sec. 16.5. Expenses of microchipping. A clinic for microchipping companion animals of county residents should be conducted at least once a year under the direction of the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator at the animal control facility, animal shelter, or other central location within the county. The maximum amount that can be charged for microchipping an animal at this clinic shall be $25 $15. Funds generated from this clinic shall be deposited in the county's animal control fund.

(Source: P.A. 93-548, eff. 8-19-03.)

(510 ILCS 5/19) (from Ch. 8, par. 369)

Sec. 19. The Board shall reimburse owners of sheep, goats, cattle, horses, mules, swine, or poultry killed or injured by a dog. Any owner having one or more of these animals livestock, poultry, or equidae killed or injured by a dog shall, according to the provisions of this Act and upon filing claim and making proper proof, be entitled to receive reimbursement for such losses from the Animal Control Fund; provided, he or she is a resident of this State and such injury or killing is reported to the Administrator within 24 hours after such injury or killing occurs, and makes affidavit stating the number of such animals or poultry killed or injured, the amount of damages and the owner of the dog causing such killing or injury, if known.

The damages referred to in this Section shall be substantiated by the Administrator through prompt investigation and by not less than 2 witnesses. The Administrator shall determine whether the provisions of this Section have been met and shall keep a record in each case of the names of the owners of the animals killed or injured or poultry, the amount of damages proven, and the number of animals or poultry killed or injured.

The Administrator shall file a written report with the County Treasurer as to the right of an owner of livestock, poultry, or equidae to be paid out of the Animal Control Fund, and the amount of such damages claimed.

The County Treasurer shall, on the first Monday in March of each calendar year, pay to the owner of the animals or poultry the amount of damages to which he or she is entitled. The County Board county board, by ordinance, shall establish a schedule for damages reflecting the current market value.

If there are funds in excess of amounts paid for such claims for damage in that portion of the Animal Control Fund set aside for this purpose, this excess shall be used for other costs of the Animal Control Program program as set forth in this Act.

(Source: P.A. 93-548, eff. 8-19-03.)

(510 ILCS 5/22.5 new)

Sec. 22.5. Reports of animal control facilities.

(a) Each animal control facility in the State shall annually report to the Department information required by the Department including, but not limited to, the following:

(1) The number of animals euthanized during the reporting period.

(2) The number of animal intakes by the facility during the reporting period.

(3) The number of animals spayed or neutered by the facility during the reporting period.

(4) The number of animals adopted from the facility during the reporting period.

(b) The Department shall annually compile its finding under subsection (a) and report those findings to the Governor and General Assembly.

(c) Each animal control facility in the State shall report all animal bites, in its jurisdiction for the preceding year, to the Department by March 1 of the following year.

(d) Each animal control facility in the State shall report declared dangerous and vicious animals in its jurisdiction, to the Department within 30 days of the declaration.

(e) Each animal control facility in the State shall report the relocation and ownership transfers of each declared dangerous and vicious animal, in its jurisdiction, to the Department within 30 days of the relocation or transfer.

(f) The Department shall make available, to all animal control agencies and to the public, information regarding all animals that have bitten any person and all information regarding the location and ownership of dangerous and vicious animals.

(g) The Department shall adopt rules for the implementation of this Section.

(510 ILCS 5/24) (from Ch. 8, par. 374)

Sec. 24. Nothing in this Act shall be held to limit in any manner the power of any municipality or other political subdivision to prohibit animals from running at large, nor shall anything in this Act be construed to, in any manner, limit the power of any municipality or other political subdivision to further control and regulate dogs, cats or other animals in such municipality or other political subdivision provided that no regulation or ordinance prohibits ownership is specific to breed.

(Source: P.A. 93-548, eff. 8-19-03.)

(510 ILCS 5/26) (from Ch. 8, par. 376)

Sec. 26. (a) Any person violating or aiding in or abetting the violation of any provision of this Act, or counterfeiting or forging any certificate, permit, or tag, or making any misrepresentation in regard to any matter prescribed by this Act, or resisting, obstructing, or impeding the Administrator or any authorized officer in enforcing this Act, or refusing to produce for inoculation any dog in his possession, or who removes a tag from a dog, cat, or ferret for purposes of destroying or concealing its identity, is guilty of a Class C misdemeanor for a first offense and for a subsequent offense, is guilty of a Class B misdemeanor.

Each day a person fails to comply constitutes a separate offense. Each State's Attorney to whom the Administrator reports any violation of this Act shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner provided by law.

(b) If the owner of a vicious animal dog subject to enclosure:

(1) fails to maintain or keep the animal dog in an enclosure or fails to spay or neuter the animal or microchip the animal dog within the time period prescribed; and

(2) the animal dog inflicts physical injury or serious physical injury upon any other person or companion animal or causes or contributes to the death of another person or companion animal; and

(3) the attack is unprovoked in a place where such person is peaceably conducting himself or herself and where such person may lawfully be;

the owner shall be guilty of a Class 4 felony, unless the owner knowingly allowed the animal dog to run at large or failed to take steps to keep the animal dog in an enclosure then the owner shall be guilty of a Class 3 felony. The penalty provided in this paragraph shall be in addition to any other criminal or civil sanction provided by law.

(c) If the owner of a dangerous animal dog knowingly fails to comply with any order regarding the animal dog and the animal dog inflicts physical injury or serious physical injury on a person or a companion animal, the owner shall be guilty of a Class 4 felony Class A misdemeanor. If the owner of a dangerous animal dog knowingly fails to comply with any order regarding the animal dog and the animal dog kills a person or contributes to the death of a person the owner shall be guilty of a Class 3 Class 4 felony.

(d) If the owner of a dangerous animal fails to comply with an Administrator's order, the dog shall be impounded. The animal may be returned to the owner upon payment of all costs associated with the impoundment and compliance with the order.

(e) If the owner of a vicious animal fails to spay or neuter or microchip the dog within the prescribed time period, the animal shall be impounded. The animal may be returned to the owner upon payment of all costs associated with the impoundment and compliance with this Section.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/2.03a rep.)

(510 ILCS 5/2.18 rep.)

Section 95. The Animal Control Act is amended by repealing Sections 2.03a and 2.18.

Section 99. Effective date. This Act takes effect upon becoming law.