Agriculture & Conservation Committee
Filed: 3/20/2007
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1 | AMENDMENT TO HOUSE BILL 822
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2 | AMENDMENT NO. ______. Amend House Bill 822 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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:
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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.
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10 | (510 ILCS 5/9) (from Ch. 8, par. 359)
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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.
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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.
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15 | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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16 | (510 ILCS 5/11) (from Ch. 8, par. 361)
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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
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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
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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
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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.
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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)
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2 | Sec. 15.3. Dangerous dog; appeal.
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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
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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.
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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
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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
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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.
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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.
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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.
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16 | (Source: P.A. 93-548, eff. 8-19-03.)
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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. ".
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