Full Text of SB3264 97th General Assembly
SB3264sam001 97TH GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 3/2/2012
| | 09700SB3264sam001 | | LRB097 16730 CEL 67031 a |
|
| 1 | | AMENDMENT TO SENATE BILL 3264
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3264 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Dangerous Animals Act of 2012. | 6 | | Section 5. Definitions. As used in this Act, unless the | 7 | | context clearly requires otherwise: | 8 | | "Authorized law enforcement officer" means all sworn | 9 | | members of the Law Enforcement
Division of the Department and | 10 | | those persons specifically granted law enforcement
| 11 | | authorization by the Director. | 12 | | "Dangerous animal" means any of the following live animals | 13 | | or hybrids of the following live animals, whether bred in the | 14 | | wild or in captivity: | 15 | | (1) Members of the Felidae family, including, but not | 16 | | limited to, lions, tigers, cougars, leopards, bobcats, |
| | | 09700SB3264sam001 | - 2 - | LRB097 16730 CEL 67031 a |
|
| 1 | | lynx, cheetahs, margays, ocelots, and servals, but not | 2 | | including cats or cats recognized as a domestic breed, | 3 | | registered as a domestic breed, or shown as a domestic | 4 | | breed by a national or international cat registry | 5 | | association.
| 6 | | (2) Members of the Canidae family, including, but not | 7 | | limited to, wolves, coyotes (except as provided in the | 8 | | Wildlife Code), jackals, dingos, maned wolves (Chrysocyon | 9 | | brachyurus), raccoon dogs (Nyctereutes procyonoides), | 10 | | African hunting dogs (Lycaon pictus), wolf-dog hybrids, | 11 | | South American bush dogs (Speothos venaticus), pariah-type | 12 | | feral dogs, Indian wild dogs, and dhole (Cuon alpinus), but | 13 | | not including dogs or dogs recognized as a domestic breed, | 14 | | registered as a domestic breed, or shown as a domestic | 15 | | breed by a national or international dog registry | 16 | | association.
| 17 | | (3) All members of the Ursidae family, including, but | 18 | | not limited to, black and grizzly bears.
| 19 | | (4) All members of the Hyaenidae family, including, but | 20 | | not limited to, all species of hyenas and aardwolves.
| 21 | | (5) All members of the Elephantidae family, including | 22 | | all species of elephants. | 23 | | (6) All members of the Rhinocerotidae family, | 24 | | including all species of rhinoceros.
| 25 | | (7) All members of the Hippopotamidae family, | 26 | | including all species of hippopotamus.
|
| | | 09700SB3264sam001 | - 3 - | LRB097 16730 CEL 67031 a |
|
| 1 | | (8) All members of the Viverridae family, including, | 2 | | but not limited to, all species of civets, genets, | 3 | | linsangs, mongooses, and meerkats.
| 4 | | (9) All members of the Macropodidae family, including, | 5 | | but not limited to, all species of kangaroos and wallabies.
| 6 | | (10) Coatimundi of the genera Nasua or Nasuella as well | 7 | | as other certain members of the Procyonidae family and any | 8 | | others that the Department designates, by administrative | 9 | | rule, as outlined or deemed medically significant.
| 10 | | (11) Non-human primates, including, but not limited | 11 | | to, all members of the Pongidae family, such as gibbons, | 12 | | orangutans, chimpanzees, siamangs, and gorillas; members | 13 | | of the Cercopithecidae family, such as macaques, | 14 | | mandrills, and baboons; members of the Cebidae family, such | 15 | | as capuchin monkeys, spider monkeys, marmosets, and howler | 16 | | monkeys; members of the Colobinae family, such as langurs | 17 | | and colobus monkeys; and members of the Lemuridae family, | 18 | | including all lemurs.
| 19 | | (12) All members of the Order Chiroptera, including all | 20 | | species of bats.
| 21 | | (13) Specified members of the order Rodentia, such as | 22 | | Gambian pouched rats and porcupines.
| 23 | | (14) Venomous reptiles, regardless of whether they | 24 | | have been surgically altered, including, but not limited | 25 | | to, venomous species of the following families or genera of | 26 | | the order Squamata: Helodermatidae, such as gila monsters |
| | | 09700SB3264sam001 | - 4 - | LRB097 16730 CEL 67031 a |
|
| 1 | | and beaded lizards; Elapidae, such as cobras and coral | 2 | | snakes; Hydrophiidae, such as sea snakes; Viperidae and | 3 | | Crotalinae, such as vipers and pit vipers; | 4 | | Atractaspididae, such as burrowing asps; specified | 5 | | colubrids addressed by administrative rule, including such | 6 | | genera as: West Indian racers (Alsophis); boigas and | 7 | | mangrove snakes (Boiga); Boomslang (Dispholidus); false | 8 | | water cobras (Hydrodynastes); varied or hooded keelbacks | 9 | | (Macropisthodon); Montpellier snakes (Malpolon); collared | 10 | | snakes (Phalotris); palm snakes or green racers | 11 | | (Philodryas); sand snakes or racers (Psammophis); | 12 | | keelbacks (Rhabdophis); beaked snakes (Rhamphiophis); Twig | 13 | | snakes (Thelotornis); black tree snakes (Thrasops); Pampas | 14 | | snakes (Tomodon); Wagler's snakes (Waglerophis); false | 15 | | fer-de-lances (Xenodon); specimens or eggs of the brown | 16 | | tree snake (Boiga irregularis); and any others that the | 17 | | Department designates, by administrative rule, as outlined | 18 | | or deemed medically significant.
| 19 | | (15) Nothing in this Act shall prohibit lawful | 20 | | possession of any of the Boidae family, such as boas, | 21 | | pythons, and anacondas, provided captive maintenance | 22 | | requirements from the Department by administrative rule | 23 | | are met. | 24 | | (16) All members of the order Crocodilia, such as | 25 | | crocodiles, alligators, caimans, and gavials; specified | 26 | | members of the Varanidae family, such as crocodile monitors |
| | | 09700SB3264sam001 | - 5 - | LRB097 16730 CEL 67031 a |
|
| 1 | | as well as Komodo dragons.
| 2 | | (17) Medically significant poisonous amphibians | 3 | | capable of causing bodily harm to humans or animals, | 4 | | including, but not limited to, Bufo marinus, such as cane | 5 | | or marine toads, and Bufo alvarius, such as Colorado River | 6 | | toads.
| 7 | | (18) Dangerously venomous arachnids and insects | 8 | | including, but not limited to, all scorpions of the family | 9 | | Buthidae; the genus Nebo; and any others that the | 10 | | Department, by administrative rule, designates; spiders, | 11 | | including, but not limited to, funnel-web spiders (Atnax, | 12 | | Hadronyche, and Macrothcle); widow spiders (Latrodectus); | 13 | | recluse spiders (Loxosceles); mouse spiders (Missulena); | 14 | | Brazilian wandering or huntsman spiders (Phoneutria); | 15 | | six-eyed crab spiders (Sicarius); and any others that the | 16 | | Department, by administrative rule, designates or deems | 17 | | medically significant. | 18 | | (19) Other animals that the Director, after consulting | 19 | | with the Dangerous Animal Advisory Council, designates, by | 20 | | administrative rule, as dangerous animals.
| 21 | | (20) Any individual animal identified by an authorized | 22 | | law enforcement officer, which is not specifically listed | 23 | | but deemed dangerous by the Circuit Court based on the | 24 | | actions of the animal and that poses a threat to human | 25 | | safety. | 26 | | "Department" means the Illinois Department of Natural |
| | | 09700SB3264sam001 | - 6 - | LRB097 16730 CEL 67031 a |
|
| 1 | | Resources.
| 2 | | "Director" means the Director of the Illinois Department of | 3 | | Natural Resources.
| 4 | | "Person" means any individual, partnership, corporation, | 5 | | organization, trade or professional association, firm, limited | 6 | | liability company, joint venture, or group.
| 7 | | "Possessor" means any person who possesses, keeps, | 8 | | harbors, brings into the State, cares for, acts as a custodian | 9 | | for, has in his or her custody or control, or holds a property | 10 | | right to a dangerous animal.
| 11 | | "Medically significant" means a venomous or poisonous | 12 | | species whose venom or toxin can cause illness in humans and | 13 | | requires medical attention; Usually such species are | 14 | | categorized as being "medically significant" or "medically | 15 | | important". | 16 | | "Owner" means an individual who has a legal right to the | 17 | | possession of a dangerous animal. | 18 | | "Wildlife sanctuary" means any non-profit organization | 19 | | that: | 20 | | (1) is exempt from taxation under the Internal Revenue | 21 | | Code; | 22 | | (2) is accredited by the Association of Sanctuaries | 23 | | (TAOS); | 24 | | (3) operates a place of refuge where wild animals are | 25 | | provided care for their lifetime or released back to their | 26 | | natural range; |
| | | 09700SB3264sam001 | - 7 - | LRB097 16730 CEL 67031 a |
|
| 1 | | (4) does not conduct activities on animals in its | 2 | | possession that are not inherent to the animal's nature, | 3 | | (5) does not use animals in its possession for | 4 | | entertainment; | 5 | | (6) does not sell, trade, or barter animals in its | 6 | | possession or parts of those animals; and | 7 | | (7) does not breed animals in its possession.
| 8 | | Section 10. Permit requirements. | 9 | | (a) Prior to any person obtaining a Dangerous Animal | 10 | | Permit, the following criteria must be met: | 11 | | (1) the person is the owner and is in possession of the | 12 | | dangerous animal prior to the effective date of this Act; | 13 | | (2) the person applies for and is granted a personal | 14 | | possession permit for each dangerous animal in the person's | 15 | | possession within 30 days after the enactment of this Act; | 16 | | and | 17 | | (3) prior to acquiring a dangerous animal, the person | 18 | | must provide the name, address, date of birth, permit | 19 | | number, telephone number of the previous possessor, type or | 20 | | species and the date the animal is to be acquired. | 21 | | (b) The applicant must comply with all requirements of this | 22 | | Act and the rules adopted by the Department to obtain a permit. | 23 | | Prior to the issuance of the permit, the applicant must provide | 24 | | proof of liability insurance or surety bond in the amount of | 25 | | $100,000 for each dangerous animal up to a maximum of |
| | | 09700SB3264sam001 | - 8 - | LRB097 16730 CEL 67031 a |
|
| 1 | | $1,000,000 and the insurance or surety bond is to be maintained | 2 | | during the term of the permit. | 3 | | (c) An applicant for a Dangerous Animal Permit must file an | 4 | | application with the Department on a form provided by the | 5 | | Department. The application must include all information and | 6 | | requirements as set forth by administrative rule. | 7 | | (d) The annual fee for a residential Dangerous Animal | 8 | | Permit shall be $250. All fees shall be deposited into the Fish | 9 | | and Wildlife Fund. | 10 | | (e) The Department may issue a Limited Entry Permit to an | 11 | | applicant who: (i) is not a resident of the State; (ii) | 12 | | complies with the requirements of this Act and all rules | 13 | | adopted by the Department under the authority of this Act; | 14 | | (iii) provides proof to the Department that he or she will, | 15 | | during the entirety of the permit term, maintain sufficient | 16 | | liability insurance coverage; (iv) pays to the Department along | 17 | | with each application for a Limited Entry Permit a $100 fee, | 18 | | which the Department shall deposit into the Fish and Wildlife | 19 | | Fund; and (v) uses the animal for an activity authorized in the | 20 | | Limited Entry Permit. | 21 | | A Limited Entry Permit shall be valid for not more than 30 | 22 | | consecutive days unless extended by the Department, however, no | 23 | | extension shall be longer than 15 days. | 24 | | (f) Each Dangerous Animal Permit is valid for one year | 25 | | after the day on which it is issued by the Department. The | 26 | | Department shall adopt, by administrative rule, procedures for |
| | | 09700SB3264sam001 | - 9 - | LRB097 16730 CEL 67031 a |
|
| 1 | | the renewal of Dangerous Animal Permits. | 2 | | Section 15. Suspension of privileges and revocation of | 3 | | permits. | 4 | | (a) A person who does not hold a Dangerous Animal Permit or | 5 | | Limited Entry Permit and who violates a provision of this Act | 6 | | or an administrative rule authorized under this Act shall have | 7 | | his or her privileges under this Act suspended for up to 5 | 8 | | years from the date that he or she is found guilty of an | 9 | | initial offense, for up to 10 years from the date that he or | 10 | | she is found guilty of a second offense, and for life for a | 11 | | third offense. | 12 | | (b) A person who holds a Dangerous Animal Permit or Limited | 13 | | Entry Permit and who violates the provisions of this Act shall | 14 | | have his or her permit revoked and permit privileges under this | 15 | | Act suspended for a period of up to 2 years from the date that | 16 | | he or she is found guilty of an initial offense, for up to 10 | 17 | | years from the date that he or she is found guilty of a second | 18 | | offense, and for life for a third offense. | 19 | | (c) A person whose privileges to possess a dangerous animal | 20 | | have been suspended or permits revoked may appeal that decision | 21 | | in accordance with the provisions for appealing suspensions and | 22 | | revocations under Section 20-105 of Fish and Aquatic Life Code | 23 | | and Section 3.36 of the Wildlife Code. | 24 | | Section 20. Record keeping requirements. A person who |
| | | 09700SB3264sam001 | - 10 - | LRB097 16730 CEL 67031 a |
|
| 1 | | possesses a dangerous animal must maintain records pertaining | 2 | | to the acquisition, possession, and disposition of the animal | 3 | | as provided by administrative rule. These records shall be | 4 | | maintained for a minimum of 2 years after the date the animal | 5 | | is no longer in possession of the permit holder. All records | 6 | | are subject to inspection by authorized law enforcement | 7 | | officers. | 8 | | In addition to maintaining records, all dangerous animals | 9 | | must be either pit-tagged or micro-chipped to individually | 10 | | identify them and the pit-tag or microchip numbers are also to | 11 | | be maintained as other pertinent records. | 12 | | Section 25. Injury to a member of the public by a dangerous | 13 | | animal. A person who possesses a dangerous animal without | 14 | | complying with the requirements of this Act and the rules | 15 | | adopted under the authority of this Act and whose dangerous | 16 | | animal physically attacks a person when the possessor knew or | 17 | | should have known that the animal had a propensity, when | 18 | | provoked or unprovoked, to attack, cause injury to, or | 19 | | otherwise substantially endanger a member of the public is | 20 | | guilty of a Class A misdemeanor. A person who fails to comply | 21 | | with the provisions of this Act and the rules adopted under the | 22 | | authority of this Act and who intentionally or knowingly allows | 23 | | a dangerous animal to cause great bodily harm to, or the death | 24 | | of, a human is guilty of a Class 4 felony. |
| | | 09700SB3264sam001 | - 11 - | LRB097 16730 CEL 67031 a |
|
| 1 | | Section 30. Prohibited acts. | 2 | | (a) Except as otherwise provided in this Act or by | 3 | | administrative rule, a person shall not own, possess, keep, | 4 | | import, transfer, harbor, bring into the State, breed, or have | 5 | | in his or her custody or control a dangerous animal. | 6 | | (b) A person shall not release a dangerous animal into the | 7 | | wild at any time unless authorized by the Director. | 8 | | (c) The possessor of a dangerous animal must immediately | 9 | | contact the animal control authority or law enforcement agency | 10 | | of the city or county where the possessor resides if a | 11 | | dangerous animal escapes or is released either intentionally or | 12 | | unintentionally. | 13 | | (d) The possessor of a dangerous animal shall not keep, | 14 | | harbor, care for, transport, act as the custodian of, or | 15 | | maintain in his or her possession a dangerous animal in | 16 | | anything other than an escape-proof enclosure. | 17 | | (e) The possessor of a dangerous animal shall not transport | 18 | | the animal to or possess the animal at a public venue, | 19 | | commercial establishment, retail establishment, or educational | 20 | | institution unless specifically authorized by permit or | 21 | | required to render veterinary care to the animal. | 22 | | (f) The possessor of a dangerous animal, at all reasonable | 23 | | times, shall not deny the Department or its designated agents | 24 | | and officers access to premises where the possessor keeps a | 25 | | dangerous animal to ensure compliance with this Act. | 26 | | (g) Except as otherwise provided in this Act or by |
| | | 09700SB3264sam001 | - 12 - | LRB097 16730 CEL 67031 a |
|
| 1 | | administrative rule, a person shall not buy, sell, or barter, | 2 | | or offer to buy, sell, or barter a dangerous animal. | 3 | | A violation of this subsection is subject to the penalties | 4 | | outlined in Sections 5-25 or 15-50 of the Fish and Aquatic Life | 5 | | Code or Section 2.36 of the Wildlife Code. For the purposes of | 6 | | the value of a species, no dangerous animal shall be valued at | 7 | | less than $250 or fair market value, whichever is greater. | 8 | | Section 35. Penalties. | 9 | | (a) A person who violates subsection (a), (b), (c), (d), | 10 | | (e), or (f) of Section 30 of this Act is guilty of a Class A | 11 | | misdemeanor for a first offense and a Class 4 felony for a | 12 | | second or subsequent offense occurring within one year after a | 13 | | finding of guilt on a first offense. | 14 | | (b) A person who violates Section 20 is guilty of a Class B | 15 | | misdemeanor. | 16 | | (c) Each day of a violation constitutes a separate offense. | 17 | | (d) All fines and penalties collected under the authority | 18 | | of this Act or its administrative rules shall be deposited into | 19 | | the Fish and Wildlife Fund. | 20 | | Section 40. Civil liability and immunity. | 21 | | (a) If a dangerous animal escapes or is released, the owner | 22 | | and possessor of the animal are liable for all costs incurred | 23 | | in apprehending and confining the animal; including any | 24 | | injuries incurred to humans or damage to property, both real |
| | | 09700SB3264sam001 | - 13 - | LRB097 16730 CEL 67031 a |
|
| 1 | | and personal, including pets and livestock. | 2 | | (b) An animal control officer or Department employee acting | 3 | | in his or her official capacity is not liable to any party in | 4 | | connection with the escape or release of a dangerous animal, | 5 | | including liability for any damage, injury, or death caused by | 6 | | or to the animal during or after the animal's escape or release | 7 | | or as a result of the apprehension or confinement of the animal | 8 | | after its escape or release. | 9 | | (c) A licensed veterinarian who may have cause to treat an | 10 | | animal that is in violation of paragraphs (1) through (7), | 11 | | (11), (14), (16), or (17) of Section 5 shall not be held liable | 12 | | under this Act provided that the veterinarian (i) promptly | 13 | | reports violations of this Act of which he or she has knowledge | 14 | | to a law enforcement agency within 24 hours after becoming | 15 | | aware of the incident; (ii) provides the name, address, and | 16 | | phone number of the person possessing the animal at time of | 17 | | incident or treatment; (iii) provides the name and address of | 18 | | the owner of the animal if known; (iv) identifies the kind and | 19 | | number of animals being treated; and (v) describes the reason | 20 | | for the treatment of the animal. | 21 | | Section 45. Seizure and forfeiture. | 22 | | (a) If any person is found to possess a dangerous animal | 23 | | that is not in compliance with the provisions of this Act, | 24 | | including any administrative rules, then the dangerous animal | 25 | | and any equipment or items used contrary to this Act shall be |
| | | 09700SB3264sam001 | - 14 - | LRB097 16730 CEL 67031 a |
|
| 1 | | subject to seizure and forfeiture by the Department. Any | 2 | | dangerous animal seized in violation of this Act may | 3 | | immediately be placed in a facility approved by the Department. | 4 | | (b) If a person's dangerous animal has been seized by the | 5 | | Department, then the possessor of the dangerous animal is | 6 | | liable for the reasonable costs associated with the seizure, | 7 | | placement, testing, and care for the dangerous animal from the | 8 | | time of confiscation until the time the animal is relocated to | 9 | | an approved facility or person holding a valid Dangerous Animal | 10 | | Permit or is otherwise disposed of by the Department. | 11 | | (c) Any dangerous animal and related items found abandoned | 12 | | shall become the property of the Department and disposed of | 13 | | according to Department rule. | 14 | | (d) The Circuit Court, in addition to any other penalty, | 15 | | may award any seized of confiscated dangerous animals or items | 16 | | to the Department as provided for in Section 1-215 of the Fish | 17 | | and Aquatic Life Code and Section 1.25 of the Wildlife Code. | 18 | | Further, the Court, in addition to any other penalty, may | 19 | | assess a fee upon anyone who pleads guilty to the provisions of | 20 | | this Act equal to the amount established or determined to | 21 | | maintain the dangerous animal until it is permanently placed in | 22 | | a facility approved by the Department or otherwise disposed of. | 23 | | (e) All fines and penalties, except court assessments, | 24 | | collected under the authority of this Section shall be | 25 | | deposited into the Fish and Wildlife Fund. Court assessments | 26 | | shall be deposited and distributed by order of the Circuit |
| | | 09700SB3264sam001 | - 15 - | LRB097 16730 CEL 67031 a |
|
| 1 | | Court.
| 2 | | Section 50. Dangerous Animal Advisory Council. The | 3 | | Dangerous Animal Advisory Council is hereby created to assist | 4 | | the Director in reviewing the Department's list of dangerous | 5 | | animals and in making additions to that list. The Dangerous | 6 | | Animal Advisory Council shall be composed of the following | 7 | | members: | 8 | | (1) the Director or his or her designee; | 9 | | (2) one member from the Office of Law Enforcement, | 10 | | appointed by the Director; | 11 | | (3) one member from the Division of Natural Heritage, | 12 | | appointed by the Director; | 13 | | (4) one member from the Division of Wildlife Resources, | 14 | | appointed by the Director; | 15 | | (5) one member from the Division of Fisheries, | 16 | | appointed by the Director; | 17 | | (6) one member from the Department of Agriculture, | 18 | | appointed by the Director of Agriculture; | 19 | | (7) one member from the Department of Public Health, | 20 | | appointed by the Director of Public Health; and | 21 | | (8) one member from an accredited member of the | 22 | | Association of Zoos and Aquariums. | 23 | | The purpose and function of the Council shall be set forth | 24 | | by administrative rule. |
| | | 09700SB3264sam001 | - 16 - | LRB097 16730 CEL 67031 a |
|
| 1 | | Section 60. Exemptions. | 2 | | (a) When acting in their official capacity, the following | 3 | | entities and their agents are exempt from the requirements of | 4 | | this Act: | 5 | | (1) public zoos or aquaria accredited by the | 6 | | Association of Zoos and Aquariums; | 7 | | (2) licensed veterinarians or anyone operating under | 8 | | the authority of a licensed veterinarian; | 9 | | (3) wildlife sanctuaries; | 10 | | (4) accredited research or medical institutions; | 11 | | (5) licensed or accredited educational institutions; | 12 | | (6) circuses licensed and in compliance with the Animal | 13 | | Welfare Act and all rules adopted by the Department of | 14 | | Agriculture; | 15 | | (7) federal, State, and local law enforcement | 16 | | officers, including animal control officers acting under | 17 | | the authority of this Act; | 18 | | (8) members of federal, State, or local agencies | 19 | | approved by the Department; | 20 | | (9) any bonafide wildlife rehabilitation facility | 21 | | licensed or otherwise authorized by the Department; and | 22 | | (10) any motion picture or television production | 23 | | company that uses licensed dealers, exhibitors, and | 24 | | transporters under the federal Animal Welfare Act, 7 U.S.C. | 25 | | 2132, as amended. | 26 | | (b) This Act does not prohibit a person who is permanently |
| | | 09700SB3264sam001 | - 17 - | LRB097 16730 CEL 67031 a |
|
| 1 | | disabled with a severe mobility impairment from possessing a | 2 | | single capuchin monkey to assist the person in performing daily | 3 | | tasks if: | 4 | |
(1) the capuchin monkey was obtained from and trained
| 5 | | at a licensed nonprofit organization described in Section | 6 | | 501(c)(3) of the Internal Revenue Code of 1986, the | 7 | | nonprofit tax status of which was obtained on the basis of | 8 | | a mission to improve the quality of life of severely | 9 | | mobility-impaired individuals; and
| 10 | | (2) the Department is notified once the capuchin monkey | 11 | | is placed with a permanently disabled person. | 12 | | (c) This Act does not apply to livestock, including, but | 13 | | not limited to, cattle, sheep, swine, horses, mules, donkeys, | 14 | | goats, and any other animal used in production agriculture as | 15 | | defined in Section 3-35 of the Use Tax Act.
| 16 | | (720 ILCS 585/Act rep.)
| 17 | | Section 90. The Illinois Dangerous Animals Act is | 18 | | repealed.".
|
|