Illinois General Assembly - Full Text of HB0822
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Full Text of HB0822  95th General Assembly


Agriculture & Conservation Committee

Filed: 3/20/2007





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2     AMENDMENT NO. ______. Amend House Bill 822 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Animal Control Act is amended by changing
5 Sections 9, 11, and 15.3 and by adding Sections 2.17c and 15.4
6 as follows:
7     (510 ILCS 5/2.17c new)
8     Sec. 2.17c. "Potentially dangerous dog" means a dog that is
9 found running at large with 3 or more other dogs.
10     (510 ILCS 5/9)  (from Ch. 8, par. 359)
11     Sec. 9. Any dog found running at large contrary to
12 provisions of this Act may be apprehended and impounded. For
13 this purpose, the Administrator shall utilize any existing or
14 available animal control facility or licensed animal shelter.
15 The dog's owner shall pay a $25 public safety fine, $20 of



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1 which shall be deposited into the Pet Population Control Fund
2 and $5 of which shall be retained by the county or
3 municipality. A dog found running at large contrary to the
4 provisions of this Act a second or subsequent time must be
5 spayed or neutered within 30 days after being reclaimed unless
6 already spayed or neutered; failure to comply shall result in
7 impoundment.
8     A dog that is actively engaged in a legal hunting activity,
9 including training, is not considered to be running at large if
10 the dog is on land that is open to hunting or on land on which
11 the person has obtained permission to hunt or to train a dog. A
12 dog that is in a dog-friendly area or dog park is not
13 considered to be running at large if the dog is monitored or
14 supervised by a person.
15 (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
16     (510 ILCS 5/11)  (from Ch. 8, par. 361)
17     Sec. 11. When not redeemed by the owner, agent, or
18 caretaker, a dog or cat must be scanned for a microchip. If a
19 microchip is present, the registered owner must be notified.
20 After contact has been made or attempted, dogs or cats deemed
21 adoptable by the animal control facility shall be offered for
22 adoption, or made available to a licensed humane society or
23 rescue group. If no placement is available, it shall be
24 humanely dispatched pursuant to the Humane Euthanasia in Animal
25 Shelters Act. An animal pound or animal shelter shall not adopt



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1 or release any dog or cat to anyone other than the owner when
2 not redeemed by the owner unless the animal has been rendered
3 incapable of reproduction and microchipped, or the person
4 wishing to adopt an animal prior to the surgical procedures
5 having been performed shall have executed a written agreement
6 promising to have such service performed, including
7 microchipping, within a specified period of time not to exceed
8 30 days. Failure to fulfill the terms of the agreement shall
9 result in seizure and impoundment of the animal and any
10 offspring by the animal pound or shelter, and any monies which
11 have been deposited shall be forfeited and submitted to the Pet
12 Population Control Fund on a yearly basis. This Act shall not
13 prevent humane societies from engaging in activities set forth
14 by their charters; provided, they are not inconsistent with
15 provisions of this Act and other existing laws. No animal
16 shelter or animal control facility shall release dogs or cats
17 to an individual representing a rescue group, unless the group
18 has been licensed or has a foster care permit issued by the
19 Illinois Department of Agriculture or is a representative of a
20 not-for-profit out-of-state organization. The Department may
21 suspend or revoke the license of any animal shelter or animal
22 control facility that fails to comply with the requirements set
23 forth in this Section or that fails to report its intake and
24 euthanasia statistics each year.
25 (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)



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1     (510 ILCS 5/15.3)
2     Sec. 15.3. Dangerous dog; appeal.
3     (a) The owner of a dog found to be a dangerous dog pursuant
4 to this Act by an Administrator may file a complaint against
5 the Administrator in the circuit court within 35 days of
6 receipt of notification of the determination, for a de novo
7 hearing on the determination. The proceeding shall be conducted
8 as a civil hearing pursuant to the Illinois Rules of Evidence
9 and the Code of Civil Procedure, including the discovery
10 provisions. After hearing both parties' evidence, the court may
11 make a determination of dangerous dog if the Administrator
12 meets his or her burden of proof of a preponderance of the
13 evidence of clear and convincing evidence. The final order of
14 the circuit court may be appealed pursuant to the civil appeals
15 provisions of the Illinois Supreme Court Rules.
16     (b) The owner of a dog found to be a dangerous dog pursuant
17 to this Act by the Director may, within 14 days of receipt of
18 notification of the determination, request an administrative
19 hearing to appeal the determination. The administrative
20 hearing shall be conducted pursuant to the Department of
21 Agriculture's rules applicable to formal administrative
22 proceedings, 8 Ill. Adm. Code Part 1, SubParts A and B. An
23 owner desiring a hearing shall make his or her request for a
24 hearing to the Illinois Department of Agriculture. The final
25 administrative decision of the Department may be reviewed
26 judicially by the circuit court of the county wherein the



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1 person resides or, in the case of a corporation, the county
2 where its registered office is located. If the plaintiff in a
3 review proceeding is not a resident of Illinois, the venue
4 shall be in Sangamon County. The Administrative Review Law and
5 all amendments and modifications thereof, and the rules adopted
6 thereto, apply to and govern all proceedings for the judicial
7 review of final administrative decisions of the Department
8 hereunder.
9     (c) Until the order has been reviewed and at all times
10 during the appeal process, the owner shall comply with the
11 requirements set forth by the Administrator, the court, or the
12 Director.
13     (d) At any time after a final order has been entered, the
14 owner may petition the circuit court to reverse the designation
15 of dangerous dog.
16 (Source: P.A. 93-548, eff. 8-19-03.)
17     (510 ILCS 5/15.4 new)
18     Sec. 15.4. Potentially dangerous dog. A dog found running
19 at large with 3 or more other dogs may be deemed a potentially
20 dangerous dog by the animal control warden or administrator.
21 Potentially dangerous dogs shall be spayed or neutered and
22 microchipped within 14 days of reclaim. Failure to comply with
23 this Section will result in impoundment of the dog or a fine of
24 $500.".