Sen. Don Harmon
Filed: 5/3/2007
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 822
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 822 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Animal Welfare Act is amended by changing | ||||||
5 | Section 2.2 as follows:
| ||||||
6 | (225 ILCS 605/2.2) (from Ch. 8, par. 302.2)
| ||||||
7 | Sec. 2.2. No dog dealer, kennel operator, animal shelter, | ||||||
8 | animal control facility, or cattery operator shall
separate a | ||||||
9 | puppy or kitten from its mother, for the
purpose of sale or | ||||||
10 | adoption , until such puppy or kitten has attained the age of 8
| ||||||
11 | weeks.
| ||||||
12 | All licensees under this Act shall maintain records of
the | ||||||
13 | origin and sale of all dogs, and such records shall be made | ||||||
14 | available for
inspection by the Secretary or the Department | ||||||
15 | upon demand. Such records
must contain proof in proper form of | ||||||
16 | purebreds and their pedigree, and evidence
of such proof must |
| |||||||
| |||||||
1 | be provided to any person acquiring a dog from a licensee
under | ||||||
2 | this Act. In addition, guard dog services shall be
required to | ||||||
3 | maintain records of transfer of ownership, death, or | ||||||
4 | disappearance
of a guard dog or sentry dog used by that guard | ||||||
5 | dog service.
| ||||||
6 | An animal control facility, foster home, or animal shelter | ||||||
7 | shall not adopt
or release any dog or cat to anyone other than | ||||||
8 | the owner unless the animal has been rendered
incapable of | ||||||
9 | reproduction and microchipped, unless a licensed
veterinarian | ||||||
10 | certifies that the dog or cat is too sick or
injured to be | ||||||
11 | sterilized or that it would be detrimental to the
health of the | ||||||
12 | dog or cat to be spayed or neutered. A person wishing to adopt | ||||||
13 | an animal unable to be sterilized prior
to adoption because of | ||||||
14 | a medical condition shall have executed a
written agreement | ||||||
15 | promising to have such service performed,
including | ||||||
16 | microchipping, within 14 days after a licensed
veterinarian | ||||||
17 | authorizes a statement that the dog or cat is
healthy enough to | ||||||
18 | be sterilized. Failure to fulfill the terms of the
agreement | ||||||
19 | shall result in seizure and impoundment of the animal
and any | ||||||
20 | offspring by the animal control facility or shelter, and any
| ||||||
21 | monies which have been deposited shall be forfeited and
| ||||||
22 | submitted to the Pet Population Control Fund on a yearly basis.
| ||||||
23 | (Source: P.A. 89-178, eff. 7-19-95.)
| ||||||
24 | Section 10. The Animal Control Act is amended by changing | ||||||
25 | Sections 9, 11, and 15.3 and by adding Sections 2.17c and 15.4 |
| |||||||
| |||||||
1 | as follows:
| ||||||
2 | (510 ILCS 5/2.17c new) | ||||||
3 | Sec. 2.17c. "Potentially dangerous dog" means a dog that is | ||||||
4 | unsupervised and found running at large with 3 or more other | ||||||
5 | dogs.
| ||||||
6 | (510 ILCS 5/9) (from Ch. 8, par. 359)
| ||||||
7 | Sec. 9. Any dog found running at large contrary to | ||||||
8 | provisions of this Act
may
be apprehended and impounded. For | ||||||
9 | this purpose, the Administrator shall
utilize any existing or | ||||||
10 | available animal control facility or licensed animal shelter. | ||||||
11 | The dog's owner shall pay a $25 public safety fine, $20 of | ||||||
12 | which shall be deposited into the Pet Population Control Fund | ||||||
13 | and $5 of which shall be retained by the county or | ||||||
14 | municipality. A dog found running at large contrary to the | ||||||
15 | provisions of this Act a second or subsequent time must be | ||||||
16 | spayed or neutered within 30 days after being reclaimed unless | ||||||
17 | already spayed or neutered; failure to comply shall result in | ||||||
18 | impoundment.
| ||||||
19 | A dog that is actively engaged in a legal hunting activity, | ||||||
20 | including training, is not considered to be running at large if | ||||||
21 | the dog is on land that is open to hunting or on land on which | ||||||
22 | the person has obtained permission to hunt or to train a dog. A | ||||||
23 | dog that is in a dog-friendly area or dog park is not | ||||||
24 | considered to be running at large if the dog is monitored or |
| |||||||
| |||||||
1 | supervised by a person.
| ||||||
2 | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| ||||||
3 | (510 ILCS 5/11) (from Ch. 8, par. 361)
| ||||||
4 | Sec. 11. When not redeemed by the owner, agent, or | ||||||
5 | caretaker, a dog or cat must be scanned for a microchip. If a | ||||||
6 | microchip is present, the registered owner must be notified. | ||||||
7 | After contact has been made or attempted, dogs or cats deemed | ||||||
8 | adoptable by the animal control facility shall be offered for | ||||||
9 | adoption, or made available to a licensed humane society or | ||||||
10 | rescue group. If no placement is available, it shall be
| ||||||
11 | humanely dispatched pursuant to the Humane Euthanasia in Animal | ||||||
12 | Shelters
Act. An animal pound
or animal shelter shall not adopt | ||||||
13 | or release any dog or cat to anyone other than the owner
when | ||||||
14 | not redeemed by
the owner unless the animal has been rendered | ||||||
15 | incapable of
reproduction
and microchipped, unless a licensed | ||||||
16 | veterinarian certifies that the dog or cat is too sick or | ||||||
17 | injured to be sterilized or that it would be detrimental to the | ||||||
18 | health of the dog or cat to be spayed or neutered. A
or the | ||||||
19 | person wishing to adopt
an animal unable to be sterilized prior | ||||||
20 | to adoption because of a medical condition
prior
to the | ||||||
21 | surgical procedures having been performed shall have executed a | ||||||
22 | written
agreement promising to have such service performed, | ||||||
23 | including
microchipping, within
14 days after a licensed | ||||||
24 | veterinarian authorizes a statement that the dog or cat is | ||||||
25 | healthy enough to be sterilized
a specified period
of time not |
| |||||||
| |||||||
1 | to exceed 30 days . Failure to fulfill the terms of the
| ||||||
2 | agreement shall result in
seizure and impoundment of the animal | ||||||
3 | and any offspring by the animal pound or shelter, and
any | ||||||
4 | monies which have been deposited shall be forfeited and | ||||||
5 | submitted to the Pet Population Control Fund on a yearly basis. | ||||||
6 | This Act shall not
prevent humane societies from engaging in | ||||||
7 | activities set forth by their
charters; provided, they are not | ||||||
8 | inconsistent with provisions of this Act
and other existing | ||||||
9 | laws. No animal shelter or animal control facility shall
| ||||||
10 | release dogs or cats to an individual representing a rescue | ||||||
11 | group, unless the
group has been licensed or has a foster care | ||||||
12 | permit issued by the Illinois Department of Agriculture or
is a | ||||||
13 | representative of a not-for-profit out-of-state organization. | ||||||
14 | The Department may suspend or
revoke the license of
any animal | ||||||
15 | shelter or animal control facility that fails to comply with | ||||||
16 | the
requirements set forth in this Section or that fails to | ||||||
17 | report its intake and euthanasia statistics each year.
| ||||||
18 | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| ||||||
19 | (510 ILCS 5/15.3)
| ||||||
20 | Sec. 15.3. Dangerous dog; appeal.
| ||||||
21 | (a) The owner of a dog found to be a dangerous dog pursuant | ||||||
22 | to this Act by
an
Administrator may file a complaint against | ||||||
23 | the Administrator in the circuit
court within
35 days of | ||||||
24 | receipt of notification of the determination, for a de novo | ||||||
25 | hearing
on the
determination. The proceeding shall be conducted |
| |||||||
| |||||||
1 | as a civil hearing pursuant to
the
Illinois Rules of Evidence | ||||||
2 | and the Code of Civil Procedure, including the
discovery
| ||||||
3 | provisions. After hearing both parties' evidence, the court may | ||||||
4 | make a
determination of
dangerous dog if the Administrator | ||||||
5 | meets his or her burden of proof of a preponderance of the | ||||||
6 | evidence
of clear
and
convincing evidence . The final order of | ||||||
7 | the circuit court may be appealed
pursuant to the
civil appeals | ||||||
8 | provisions of the Illinois Supreme Court Rules.
| ||||||
9 | (b) The owner of a dog found to be a dangerous dog pursuant | ||||||
10 | to this Act by
the
Director may, within 14 days of receipt of | ||||||
11 | notification of the determination,
request an
administrative | ||||||
12 | hearing to appeal the determination. The administrative | ||||||
13 | hearing
shall be
conducted pursuant to the Department of | ||||||
14 | Agriculture's rules applicable to
formal
administrative | ||||||
15 | proceedings, 8 Ill. Adm. Code Part 1, SubParts A and B. An
| ||||||
16 | owner
desiring
a
hearing shall make his or her request for a | ||||||
17 | hearing to the Illinois Department
of
Agriculture. The final | ||||||
18 | administrative decision of the Department may be
reviewed
| ||||||
19 | judicially by the circuit court of the county wherein the | ||||||
20 | person resides or, in
the case of a
corporation, the county | ||||||
21 | where its registered office is located. If the
plaintiff in a | ||||||
22 | review
proceeding is not a resident of Illinois, the venue | ||||||
23 | shall be in Sangamon
County. The
Administrative Review Law and | ||||||
24 | all amendments and modifications thereof, and the
rules
adopted | ||||||
25 | thereto, apply to and govern all proceedings for the judicial | ||||||
26 | review of
final
administrative decisions of the Department |
| |||||||
| |||||||
1 | hereunder.
| ||||||
2 | (c) Until the order has been reviewed and at all times | ||||||
3 | during the appeal
process,
the owner shall comply with the | ||||||
4 | requirements set forth by the Administrator,
the court, or
the | ||||||
5 | Director.
| ||||||
6 | (d) At any time after a final order has been entered, the | ||||||
7 | owner may petition
the
circuit court to reverse the designation | ||||||
8 | of dangerous dog.
| ||||||
9 | (Source: P.A. 93-548, eff. 8-19-03.)
| ||||||
10 | (510 ILCS 5/15.4 new) | ||||||
11 | Sec. 15.4. Potentially dangerous dog. A dog found running | ||||||
12 | at large with 3 or more other dogs may be deemed a potentially | ||||||
13 | dangerous dog by the animal control warden or administrator. | ||||||
14 | Potentially dangerous dogs shall be spayed or neutered and | ||||||
15 | microchipped within 14 days of reclaim. The designation of | ||||||
16 | "potentially dangerous dog" shall expire 12 months after the | ||||||
17 | most recent violation of this Section. Failure to comply with | ||||||
18 | this Section will result in impoundment of the dog or a fine of | ||||||
19 | $500. ".
|