Full Text of HB0733 98th General Assembly
HB0733ham001 98TH GENERAL ASSEMBLY | Rep. Katherine Cloonen Filed: 3/14/2013
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| 1 | | AMENDMENT TO HOUSE BILL 733
| 2 | | AMENDMENT NO. ______. Amend House Bill 733 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Domestic Animals Running At Large | 5 | | Act is amended by changing Sections 1.1 and 1.2 as follows:
| 6 | | (510 ILCS 55/1.1) (from Ch. 8, par. 1.1)
| 7 | | Sec. 1.1. Definitions. As used in this Act, unless the | 8 | | context otherwise requires:
| 9 | | "Livestock" , for the purposes of this Act only, means | 10 | | bison, cattle, swine, sheep, goats, equidae, camelids, | 11 | | ratites, or fowl or geese .
| 12 | | "Owner" means any person who (a) has a right of property in | 13 | | an animal,
(b) keeps or harbors an animal, (c) has an animal in | 14 | | his care, or (d) acts
as custodian of an animal.
| 15 | | "Person" means any individual, firm, association, | 16 | | partnership,
corporation, or other legal entity, any public or |
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| 1 | | private institution, the State of
Illinois, or any municipal | 2 | | corporation or political subdivision of the State.
| 3 | | "Running at large" or "run at large" means livestock that | 4 | | strays from
confinement or restraint and from the limits of the | 5 | | owner.
| 6 | | (Source: P.A. 84-28.)
| 7 | | (510 ILCS 55/1.2) (from Ch. 8, par. 1.2)
| 8 | | Sec. 1.2.
A notice of a violation of this Act shall be | 9 | | given to the person
or owner of livestock running at
large if | 10 | | known and a maximum of 24 hours may be granted in which to make
| 11 | | the necessary corrections if the violation is an accidental | 12 | | occurrence and an
investigation reveals no identifiable | 13 | | individual at fault. Any livestock
allowed to run at large may | 14 | | be impounded at a facility capable of
restraining such | 15 | | livestock. A notice of impoundment shall be delivered to
the | 16 | | owner of such livestock in person or by certified mail.
| 17 | | Law enforcement officials such as State Police, County | 18 | | Sheriffs, or
municipal police officers, animal control | 19 | | administrators, animal control officers, or authorized agents | 20 | | of the Illinois Department
of Agriculture, or authorized agents | 21 | | of the Illinois Department of Natural
Resources, or the owner | 22 | | or occupier of land may give notice
and cause stray animals | 23 | | which trespass to be impounded.
| 24 | | The person or persons having stray livestock impounded | 25 | | shall make every
reasonable effort to notify the owner or |
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| 1 | | keeper of the impounded livestock
where such livestock is | 2 | | impounded.
| 3 | | The person or persons requesting impoundment shall be held | 4 | | harmless of
any liability for injury to or for any financial | 5 | | responsibility for such
animals.
| 6 | | Stray animals may be impounded at any public stockyards, | 7 | | livestock
auction markets or any other facilities willing to | 8 | | accept such animals for
impoundment. The impounding facility | 9 | | and its owner or owners shall not be
held liable for any injury | 10 | | or accrue any financial responsibility for such
impounded | 11 | | animals.
| 12 | | Any expense incurred in such impoundment shall become a | 13 | | lien on the
livestock impounded and must be discharged before | 14 | | the livestock are released
from the facility. The livestock may | 15 | | be released to the owner prior
to the expiration of the | 16 | | impoundment period if impoundment costs are
satisfied and the | 17 | | owner provides evidence that he is capable of
restraining the | 18 | | livestock from running at large. If the owner refuses or
fails | 19 | | to provide such restraints, or the impounded animals are not | 20 | | claimed
and incurred costs paid within the period of | 21 | | impoundment,
such animals shall be sold either at a public | 22 | | auction, or through a public
stockyard or a livestock auction | 23 | | market , offered for adoption, or humanely euthanized in | 24 | | accordance with this Section . Before any livestock can be sold , | 25 | | offered for adoption, or humanely euthanized
as herein | 26 | | provided, the person requesting the impoundment shall have
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| 1 | | published notice of the intended sale , adoption, or | 2 | | euthanization thereof in a newspaper of general
circulation in | 3 | | the area where the
impounded animals were found to be running | 4 | | at large. If the impounded
livestock is not claimed within 10 | 5 | | days after the date of publication of
such notice, the | 6 | | livestock may be sold , offered for adoption, or humanely | 7 | | euthanized in accordance with this Section . The proceeds of the | 8 | | sale shall
be applied first to discharge the lien and costs | 9 | | associated with the sale of the livestock , and any balance | 10 | | shall be paid to
the owner. If any court of competent | 11 | | jurisdiction issues any order
concerning any impounded animal, | 12 | | such animal shall immediately pass to the
jurisdiction and | 13 | | possession of the court bailiff of the jurisdiction in which
| 14 | | the order was issued.
| 15 | | If the lien and costs of the associated sale of the | 16 | | livestock is determined to exceed the expected value of the | 17 | | animal, then the animal may be deemed adoptable by the animal | 18 | | control facility and may be offered for adoption. If no such | 19 | | placement is available, then the animal may be humanely | 20 | | euthanized. | 21 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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