96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5689

 

Introduced 2/9/2010, by Rep. John D. Cavaletto

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the State Finance Act. Creates the Pet Overpopulation Control Fund. Prohibits certain transfers from the Pet Overpopulation Control Fund (rather than the Pet Population Control Fund). Repeals the Pet Population Control Fund. Amends the State Mandates Act to require implementation without reimbursement. Amends the Illinois Income Tax Act. Repeals the Pet Population Control Fund income tax checkoff. Amends the Animal Control Act. Requires certain fines and fees to be deposited into county animal control funds rather than the Pet Population Control Fund. Deletes a provision requiring animal control agencies to assist and share certain information with the Director of Public Health. Makes other technical changes. Amends the Illinois Public Health and Safety Animal Population Control Act to provide reimbursement only for certain claims made through June 30, 2010. Repeals the Pet Population Control Fund. Repeals the Act on July 1, 2010. Amends the Illinois Vehicle Code. Provides that certain portions of the pet friendly license plate registration and renewal fee must be paid into the Pet Overpopulation Control Fund rather than the Pet Population Control Fund. Requires all moneys in the Pet Overpopulation Control Fund to be paid, subject to appropriation by the General Assembly and approval by the Director of Agriculture, as grants to certain humane societies for the humane sterilization of dogs and cats in the State. Requires the Director of Agriculture, when approving these grants, to consider the recommendations of a volunteer board appointed by the Director of Agriculture and consisting of 5 Illinois residents who are officers or directors of humane societies operating in different regions in Illinois. Effective immediately.


LRB096 15998 JDS 31243 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB5689 LRB096 15998 JDS 31243 b

1     AN ACT concerning animals.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The State Finance Act is amended by adding
5 Section 5.755 and changing Section 8h as follows:
 
6     (30 ILCS 105/5.755 new)
7     Sec. 5.755. The Pet Overpopulation Control Fund.
 
8     (30 ILCS 105/8h)
9     Sec. 8h. Transfers to General Revenue Fund.
10     (a) Except as otherwise provided in this Section and
11 Section 8n of this Act, and notwithstanding any other State law
12 to the contrary, the Governor may, through June 30, 2007, from
13 time to time direct the State Treasurer and Comptroller to
14 transfer a specified sum from any fund held by the State
15 Treasurer to the General Revenue Fund in order to help defray
16 the State's operating costs for the fiscal year. The total
17 transfer under this Section from any fund in any fiscal year
18 shall not exceed the lesser of (i) 8% of the revenues to be
19 deposited into the fund during that fiscal year or (ii) an
20 amount that leaves a remaining fund balance of 25% of the July
21 1 fund balance of that fiscal year. In fiscal year 2005 only,
22 prior to calculating the July 1, 2004 final balances, the

 

 

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1 Governor may calculate and direct the State Treasurer with the
2 Comptroller to transfer additional amounts determined by
3 applying the formula authorized in Public Act 93-839 to the
4 funds balances on July 1, 2003. No transfer may be made from a
5 fund under this Section that would have the effect of reducing
6 the available balance in the fund to an amount less than the
7 amount remaining unexpended and unreserved from the total
8 appropriation from that fund estimated to be expended for that
9 fiscal year. This Section does not apply to any funds that are
10 restricted by federal law to a specific use, to any funds in
11 the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the
12 Hospital Provider Fund, the Medicaid Provider Relief Fund, the
13 Teacher Health Insurance Security Fund, the Voters' Guide Fund,
14 the Foreign Language Interpreter Fund, the Lawyers' Assistance
15 Program Fund, the Supreme Court Federal Projects Fund, the
16 Supreme Court Special State Projects Fund, the Supplemental
17 Low-Income Energy Assistance Fund, the Good Samaritan Energy
18 Trust Fund, the Low-Level Radioactive Waste Facility
19 Development and Operation Fund, the Horse Racing Equity Trust
20 Fund, the Metabolic Screening and Treatment Fund, or the
21 Hospital Basic Services Preservation Fund, or to any funds to
22 which Section 70-50 of the Nurse Practice Act applies. No
23 transfers may be made under this Section from the Pet
24 Overpopulation Population Control Fund. Notwithstanding any
25 other provision of this Section, for fiscal year 2004, the
26 total transfer under this Section from the Road Fund or the

 

 

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1 State Construction Account Fund shall not exceed the lesser of
2 (i) 5% of the revenues to be deposited into the fund during
3 that fiscal year or (ii) 25% of the beginning balance in the
4 fund. For fiscal year 2005 through fiscal year 2007, no amounts
5 may be transferred under this Section from the Road Fund, the
6 State Construction Account Fund, the Criminal Justice
7 Information Systems Trust Fund, the Wireless Service Emergency
8 Fund, or the Mandatory Arbitration Fund.
9     In determining the available balance in a fund, the
10 Governor may include receipts, transfers into the fund, and
11 other resources anticipated to be available in the fund in that
12 fiscal year.
13     The State Treasurer and Comptroller shall transfer the
14 amounts designated under this Section as soon as may be
15 practicable after receiving the direction to transfer from the
16 Governor.
17     (a-5) Transfers directed to be made under this Section on
18 or before February 28, 2006 that are still pending on May 19,
19 2006 (the effective date of Public Act 94-774) shall be
20 redirected as provided in Section 8n of this Act.
21     (b) This Section does not apply to: (i) the Ticket For The
22 Cure Fund; (ii) any fund established under the Community Senior
23 Services and Resources Act; or (iii) on or after January 1,
24 2006 (the effective date of Public Act 94-511), the Child Labor
25 and Day and Temporary Labor Enforcement Fund.
26     (c) This Section does not apply to the Demutualization

 

 

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1 Trust Fund established under the Uniform Disposition of
2 Unclaimed Property Act.
3     (d) This Section does not apply to moneys set aside in the
4 Illinois State Podiatric Disciplinary Fund for podiatric
5 scholarships and residency programs under the Podiatric
6 Scholarship and Residency Act.
7     (e) Subsection (a) does not apply to, and no transfer may
8 be made under this Section from, the Pension Stabilization
9 Fund.
10     (f) Subsection (a) does not apply to, and no transfer may
11 be made under this Section from, the Illinois Power Agency
12 Operations Fund, the Illinois Power Agency Facilities Fund, the
13 Illinois Power Agency Debt Service Fund, and the Illinois Power
14 Agency Trust Fund.
15     (g) This Section does not apply to the Veterans Service
16 Organization Reimbursement Fund.
17     (h) This Section does not apply to the Supreme Court
18 Historic Preservation Fund.
19     (i) This Section does not apply to, and no transfer may be
20 made under this Section from, the Money Follows the Person
21 Budget Transfer Fund.
22     (j) This Section does not apply to the Domestic Violence
23 Shelter and Service Fund.
24     (k) (j) This Section does not apply to the Illinois
25 Historic Sites Fund and the Presidential Library and Museum
26 Operating Fund.

 

 

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1     (l) (j) This Section does not apply to the Trucking
2 Environmental and Education Fund.
3     (m) (j) This Section does not apply to the Roadside
4 Memorial Fund.
5     (n) (j) This Section does not apply to the Department of
6 Human Rights Special Fund.
7 (Source: P.A. 95-331, eff. 8-21-07; 95-410, eff. 8-24-07;
8 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, eff.
9 10-5-07; 95-695, eff. 11-5-07; 95-744, eff. 7-18-08; 95-876,
10 eff. 8-21-08; 96-302, eff. 1-1-10; 96-450, eff. 8-14-09;
11 96-511, eff. 8-14-09; 96-576, eff. 8-18-09; 96-667, eff.
12 8-25-09; 96-786, eff. 1-1-10; revised 10-6-09.)
 
13     (30 ILCS 105/5.568 rep.)
14     Section 10. The State Finance Act is amended by repealing
15 Section 5.568.
 
16     Section 15. The State Mandates Act is amended by adding
17 Section 8.34 as follows:
 
18     (30 ILCS 805/8.34 new)
19     Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8
20 of this Act, no reimbursement by the State is required for the
21 implementation of any mandate created by this amendatory Act of
22 the 96th General Assembly.
 

 

 

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1     (35 ILCS 5/507EE rep.)
2     Section 20. The Illinois Income Tax Act is amended by
3 repealing Section 507EE.
 
4     Section 25. The Animal Control Act is amended by changing
5 Sections 3, 9, 10, 11, 13, 15, and 15.1 as follows:
 
6     (510 ILCS 5/3)  (from Ch. 8, par. 353)
7     Sec. 3. Appointments; powers of the Board, Department, and
8 Director. The County Board Chairman with the consent of the
9 County Board shall appoint an Administrator. Appointments
10 shall be made as necessary to keep this position filled at all
11 times. The Administrator may appoint as many Deputy
12 Administrators and Animal Control Wardens to aid him or her as
13 authorized by the Board. The compensation for the
14 Administrator, Deputy Administrators, and Animal Control
15 Wardens shall be fixed by the Board. The Administrator may be
16 removed from office by the County Board Chairman, with the
17 consent of the County Board.
18     The Board shall provide necessary personnel, training,
19 equipment, supplies, and facilities, and shall operate pounds
20 or contract for their operation as necessary to effectuate the
21 program. The Board may enter into contracts or agreements with
22 persons to assist in the operation of the program and may
23 establish a county animal population control program.
24     The Board shall be empowered to utilize monies from their

 

 

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1 General Corporate Fund to effectuate the intent of this Act.
2     The Board is authorized by ordinance to require the
3 registration and may require microchipping of dogs and cats.
4 The Board shall impose an individual dog or cat registration
5 fee with a minimum differential of $10 for intact dogs or cats.
6 Ten dollars of the differential shall be retained by the county
7 for deposit into its placed either in a county animal
8 population control fund, and or in the State's Pet Population
9 Control Fund. If the money is placed in the county animal
10 population control fund it shall be used to (i) spay, neuter,
11 or sterilize adopted dogs or cats or (ii) spay or neuter dogs
12 or cats owned by low income county residents who are eligible
13 for the Food Stamp Program. All persons selling dogs or cats or
14 keeping registries of dogs or cats shall cooperate and provide
15 information to the Administrator as required by Board
16 ordinance, including sales, number of litters, and ownership of
17 dogs and cats. If microchips are required, the microchip number
18 may serve as the county animal control registration number.
19     In obtaining information required to implement this Act,
20 the Department shall have power to subpoena and bring before it
21 any person in this State and to take testimony either orally or
22 by deposition, or both, with the same fees and mileage and in
23 the same manner as prescribed by law for civil cases in courts
24 of this State.
25     The Director shall have power to administer oaths to
26 witnesses at any hearing which the Department is authorized by

 

 

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1 law to conduct, and any other oaths required or authorized in
2 any Act administered by the Department.
3     This Section does not apply to feral cats.
4 (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
 
5     (510 ILCS 5/9)  (from Ch. 8, par. 359)
6     Sec. 9. Dogs running at large. Any dog found running at
7 large contrary to provisions of this Act may be apprehended and
8 impounded. For this purpose, the Administrator shall utilize
9 any existing or available animal control facility or licensed
10 animal shelter. The dog's owner shall pay a $25 public safety
11 fine, $20 of which shall be deposited into the Pet Population
12 Control Fund and $5 of which shall be retained by the county
13 for deposit into its animal control fund or municipality. A dog
14 found running at large contrary to the provisions of this Act a
15 second or subsequent time must be spayed or neutered within 30
16 days after being reclaimed unless already spayed or neutered;
17 failure to comply shall result in impoundment.
18     A dog that is actively engaged in a legal hunting activity,
19 including training, is not considered to be running at large if
20 the dog is on land that is open to hunting or on land on which
21 the person has obtained permission to hunt or to train a dog. A
22 dog that is in a dog-friendly area or dog park is not
23 considered to be running at large if the dog is monitored or
24 supervised by a person.
25 (Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08.)
 

 

 

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1     (510 ILCS 5/10)  (from Ch. 8, par. 360)
2     Sec. 10. Impoundment; redemption. When dogs or cats are
3 apprehended and impounded, they must be scanned for the
4 presence of a microchip. The Administrator shall make every
5 reasonable attempt to contact the owner as defined by Section
6 2.16 as soon as possible. The Administrator shall give notice
7 of not less than 7 business days to the owner prior to disposal
8 of the animal. Such notice shall be mailed to the last known
9 address of the owner. Testimony of the Administrator, or his or
10 her authorized agent, who mails such notice shall be evidence
11 of the receipt of such notice by the owner of the animal.
12     In case the owner of any impounded dog or cat desires to
13 make redemption thereof, he or she may do so by doing the
14 following:
15         a. Presenting proof of current rabies inoculation and
16     registration, if applicable.
17         b. Paying for the rabies inoculation of the dog or cat
18     and registration, if applicable.
19         c. Paying the pound for the board of the dog or cat for
20     the period it was impounded.
21         d. Paying into the Animal Control Fund an additional
22     impoundment fee as prescribed by the Board as a penalty for
23     the first offense and for each subsequent offense.
24         e. Paying to the county a $25 public safety fine to be
25     deposited into the county's animal control fund the Pet

 

 

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1     Population Control Fund; the fine shall be waived if it is
2     the dog's or cat's first impoundment and the owner has the
3     animal spayed or neutered within 14 days.
4         f. Paying for microchipping and registration if not
5     already done.
6     The payments required for redemption under this Section
7 shall be in addition to any other penalties invoked under this
8 Act and the Illinois Public Health and Safety Animal Population
9 Control Act. An animal control agency shall assist and share
10 information with the Director of Public Health in the
11 collection of public safety fines.
12 (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
 
13     (510 ILCS 5/11)  (from Ch. 8, par. 361)
14     Sec. 11. Dogs or cats not redeemed. When not redeemed by
15 the owner, agent, or caretaker, a dog or cat must be scanned
16 for a microchip. If a microchip is present, the registered
17 owner must be notified. After contact has been made or
18 attempted, dogs or cats deemed adoptable by the animal control
19 facility shall be offered for adoption, or made available to a
20 licensed humane society or rescue group. If no placement is
21 available, it shall be humanely dispatched pursuant to the
22 Humane Euthanasia in Animal Shelters Act. An animal pound or
23 animal shelter shall not adopt or release any dog or cat to
24 anyone other than the owner unless the animal has been rendered
25 incapable of reproduction and microchipped, or the person

 

 

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1 wishing to adopt an animal prior to the surgical procedures
2 having been performed shall have executed a written agreement
3 promising to have such service performed, including
4 microchipping, within a specified period of time not to exceed
5 30 days. Failure to fulfill the terms of the agreement shall
6 result in seizure and impoundment of the animal and any
7 offspring by the animal pound or shelter, and any monies that
8 which have been deposited shall be forfeited and submitted on
9 an annual basis to the county in which the animal has been
10 impounded for deposit into its animal control fund Pet
11 Population Control Fund on a yearly basis. This Act shall not
12 prevent humane societies from engaging in activities set forth
13 by their charters; provided, they are not inconsistent with
14 provisions of this Act and other existing laws. No animal
15 shelter or animal control facility shall release dogs or cats
16 to an individual representing a rescue group, unless the group
17 has been licensed or has a foster care permit issued by the
18 Illinois Department of Agriculture or is a representative of a
19 not-for-profit out-of-state organization. The Department may
20 suspend or revoke the license of any animal shelter or animal
21 control facility that fails to comply with the requirements set
22 forth in this Section or that fails to report its intake and
23 euthanasia statistics each year.
24 (Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08.)
 
25     (510 ILCS 5/13)  (from Ch. 8, par. 363)

 

 

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1     Sec. 13. Dog or other animal bites; observation of animal.
2     (a) Except as otherwise provided in subsection (b) of this
3 Section, when the Administrator or, if the Administrator is not
4 a veterinarian, the Deputy Administrator receives information
5 that any person has been bitten by an animal, the Administrator
6 or, if the Administrator is not a veterinarian, the Deputy
7 Administrator, or his or her authorized representative, shall
8 have such dog or other animal confined under the observation of
9 a licensed veterinarian for a period of 10 days. The Department
10 may permit such confinement to be reduced to a period of less
11 than 10 days. A veterinarian shall report, on appropriate forms
12 approved by the Department, the clinical condition of the
13 animal immediately, with confirmation in writing to the
14 Administrator or, if the Administrator is not a veterinarian,
15 the Deputy Administrator within 24 hours after the animal is
16 presented for examination, giving the owner's name, address,
17 the date of confinement, the breed, description, age, and sex
18 of the animal, and whether the animal has been spayed or
19 neutered, on appropriate forms approved by the Department. The
20 Administrator or, if the Administrator is not a veterinarian,
21 the Deputy Administrator shall notify the attending physician
22 or responsible health agency. At the end of the confinement
23 period, the veterinarian shall submit a written report to the
24 Administrator or, if the Administrator is not a veterinarian,
25 the Deputy Administrator advising him or her of the final
26 disposition of the animal on appropriate forms approved by the

 

 

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1 Department. When evidence is presented that the animal was
2 inoculated against rabies within the time prescribed by law, it
3 shall be confined in a house, or in a manner which will
4 prohibit it from biting any person for a period of 10 days, if
5 a licensed veterinarian adjudges such confinement
6 satisfactory. The Department may permit such confinement to be
7 reduced to a period of less than 10 days. At the end of the
8 confinement period, the animal shall be examined by a licensed
9 veterinarian.
10     Any person having knowledge that any person has been bitten
11 by an animal shall promptly notify the Administrator or, if the
12 Administrator is not a veterinarian, the Deputy Administrator
13 promptly. It is unlawful for the owner of the animal to
14 euthanize, sell, give away, or otherwise dispose of any animal
15 known to have bitten a person, until it is released by the
16 Administrator or, if the Administrator is not a veterinarian,
17 the Deputy Administrator, or his or her authorized
18 representative. It is unlawful for the owner of the animal to
19 refuse or fail to comply with the reasonable written or printed
20 instructions made by the Administrator or, if the Administrator
21 is not a veterinarian, the Deputy Administrator, or his
22 authorized representative. If such instructions cannot be
23 delivered in person, they shall be mailed to the owner of the
24 animal by regular mail. Any expense incurred in the handling of
25 an animal under this Section and Section 12 shall be borne by
26 the owner. Within 30 days after notice, the The owner of the a

 

 

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1 biting animal must also remit a $25 public safety fine to the
2 county for deposit into its animal control fund Department of
3 Public Health, for deposit into the Pet Population Control
4 Fund, a $25 public safety fine within 30 days after notice.
5     (b) When a person has been bitten by a police dog that is
6 currently vaccinated against rabies, the police dog may
7 continue to perform its duties for the peace officer or law
8 enforcement agency, and any period of observation of the police
9 dog may be under the supervision of a peace officer. The
10 supervision shall consist of the dog being locked in a kennel,
11 performing its official duties in a police vehicle, or
12 remaining under the constant supervision of its police handler.
13 (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
 
14     (510 ILCS 5/15)  (from Ch. 8, par. 365)
15     Sec. 15. Vicious dog determination.
16     (a) In order to have a dog deemed "vicious", the
17 Administrator, Deputy Administrator, or law enforcement
18 officer must give notice of the infraction that is the basis of
19 the investigation to the owner, conduct a thorough
20 investigation, interview any witnesses, including the owner,
21 gather any existing medical records, veterinary medical
22 records or behavioral evidence, and make a detailed report
23 recommending a finding that the dog is a vicious dog and give
24 the report to the States Attorney's Office and the owner. The
25 Administrator, State's Attorney, Director or any citizen of the

 

 

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1 county in which the dog exists may file a complaint in the
2 circuit court in the name of the People of the State of
3 Illinois to deem a dog to be a vicious dog. Testimony of a
4 certified applied behaviorist, a board certified veterinary
5 behaviorist, or another recognized expert may be relevant to
6 the court's determination of whether the dog's behavior was
7 justified. The petitioner must prove the dog is a vicious dog
8 by clear and convincing evidence. The Administrator shall
9 determine where the animal shall be confined during the
10 pendency of the case.
11     A dog may not be declared vicious if the court determines
12 the conduct of the dog was justified because:
13         (1) the threat, injury, or death was sustained by a
14     person who at the time was committing a crime or offense
15     upon the owner or custodian of the dog, or was committing a
16     willful trespass or other tort upon the premises or
17     property owned or occupied by the owner of the animal;
18         (2) the injured, threatened, or killed person was
19     abusing, assaulting, or physically threatening the dog or
20     its offspring, or has in the past abused, assaulted, or
21     physically threatened the dog or its offspring; or
22         (3) the dog was responding to pain or injury, or was
23     protecting itself, its owner, custodian, or member of its
24     household, kennel, or offspring.
25     No dog shall be deemed "vicious" if it is a professionally
26 trained dog for law enforcement or guard duties. Vicious dogs

 

 

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1 shall not be classified in a manner that is specific as to
2 breed.
3     If the burden of proof has been met, the court shall deem
4 the dog to be a vicious dog.
5     If a dog is found to be a vicious dog, the owner shall pay a
6 $100 public safety fine to the county for deposit into its
7 animal control fund, and be deposited into the Pet Population
8 Control Fund, the dog shall, if not already, be, within 10 days
9 after the finding and at the owner's expense, (i) spayed or
10 neutered, (ii) microchipped, and (iii) within 10 days of the
11 finding at the expense of its owner and microchipped, if not
12 already, and the dog is subject to enclosure. If an owner fails
13 to comply with these requirements, the animal control agency
14 shall impound the dog, and the owner shall pay a $500 fine plus
15 impoundment fees to the animal control agency impounding the
16 dog. The judge may has the discretion to order that a vicious
17 dog be euthanized. A dog found to be a vicious dog shall not be
18 released to the owner until the Administrator, an Animal
19 Control Warden, or the Director approves the enclosure. No
20 owner or keeper of a vicious dog shall sell or give away the
21 dog without approval from the Administrator or court. Whenever
22 an owner of a vicious dog relocates, he or she shall notify
23 both the Administrator of County Animal Control where he or she
24 has relocated and the Administrator of County Animal Control
25 where he or she formerly resided.
26     (b) It shall be unlawful for any person to keep or maintain

 

 

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1 any dog that which has been found to be a vicious dog unless
2 the dog is kept in an enclosure. The only times that a vicious
3 dog may be allowed out of the enclosure are when (1) if it is
4 necessary for the owner or keeper to obtain veterinary care for
5 the dog, (2) in the case of an emergency or natural disaster
6 threatens where the dog's life is threatened, or (3) it is
7 necessary to comply with the order of a court of competent
8 jurisdiction; however, provided that the dog must be (i) is
9 securely muzzled and restrained with a leash not exceeding 6
10 feet in length, and shall be under the direct control and
11 supervision of the owner or keeper of the dog or (ii) muzzled
12 in its residence.
13     Any dog that which has been found to be a vicious dog and
14 that which is not confined to an enclosure shall be impounded
15 by the Administrator, an Animal Control Warden, or the law
16 enforcement authority having jurisdiction in such area.
17     If the owner of the dog has not appealed the impoundment
18 order to the circuit court in the county in which the animal
19 was impounded within 15 working days, the dog may be
20 euthanized.
21     Upon filing a notice of appeal, the order of euthanasia
22 shall be automatically stayed pending the outcome of the
23 appeal. The owner shall bear the burden of timely notification
24 to animal control in writing.
25     Guide dogs for the blind or hearing impaired, support dogs
26 for the physically handicapped, and sentry, guard, or

 

 

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1 police-owned dogs are exempt from this Section; provided, an
2 attack or injury to a person occurs while the dog is performing
3 duties as expected. To qualify for exemption under this
4 Section, each such dog shall be currently inoculated against
5 rabies in accordance with Section 8 of this Act. It shall be
6 the duty of the owner of such exempted dog to notify the
7 Administrator of changes of address. In the case of a sentry or
8 guard dog, the owner shall keep the Administrator advised of
9 the location where such dog will be stationed. The
10 Administrator shall provide police and fire departments with a
11 categorized list of such exempted dogs, and shall promptly
12 notify such departments of any address changes reported to him.
13     (c) If the animal control agency has custody of the dog,
14 the agency may file a petition with the court requesting that
15 the owner be ordered to post security. The security must be in
16 an amount sufficient to secure payment of all reasonable
17 expenses expected to be incurred by the animal control agency
18 or animal shelter in caring for and providing for the dog
19 pending the determination. Reasonable expenses include, but
20 are not limited to, estimated medical care and boarding of the
21 animal for 30 days. If security has been posted in accordance
22 with this Section, the animal control agency may draw from the
23 security the actual costs incurred by the agency in caring for
24 the dog.
25     (d) Upon receipt of a petition, the court must set a
26 hearing on the petition, to be conducted within 5 business days

 

 

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1 after the petition is filed. The petitioner must serve a true
2 copy of the petition upon the defendant.
3     (e) If the court orders the posting of security, the
4 security must be posted with the clerk of the court within 5
5 business days after the hearing. If the person ordered to post
6 security does not do so, the dog is forfeited by operation of
7 law, and the animal control agency must dispose of the animal
8 through adoption or humane euthanization.
9 (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
 
10     (510 ILCS 5/15.1)
11     Sec. 15.1. Dangerous dog determination.
12     (a) After a thorough investigation including: sending,
13 within 10 business days of the Administrator or Director
14 becoming aware of the alleged infraction, notifications to the
15 owner of the alleged infractions, the fact of the initiation of
16 an investigation, and affording the owner an opportunity to
17 meet with the Administrator or Director prior to the making of
18 a determination; gathering of any medical or veterinary
19 evidence; interviewing witnesses; and making a detailed
20 written report, an animal control warden, deputy
21 administrator, or law enforcement agent may ask the
22 Administrator, or his or her designee, or the Director, to deem
23 a dog to be "dangerous". No dog shall be deemed a "dangerous
24 dog" unless shown to be a dangerous dog by a preponderance of
25 evidence. The owner shall be sent immediate notification of the

 

 

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1 determination by registered or certified mail that includes a
2 complete description of the appeal process.
3     (b) A dog shall not be declared dangerous if the
4 Administrator, or his or her designee, or the Director
5 determines the conduct of the dog was justified because:
6         (1) the threat was sustained by a person who at the
7     time was committing a crime or offense upon the owner or
8     custodian of the dog or was committing a willful trespass
9     or other tort upon the premises or property occupied by the
10     owner of the animal;
11         (2) the threatened person was abusing, assaulting, or
12     physically threatening the dog or its offspring;
13         (3) the injured, threatened, or killed companion
14     animal was attacking or threatening to attack the dog or
15     its offspring; or
16         (4) the dog was responding to pain or injury or was
17     protecting itself, its owner, custodian, or a member of its
18     household, kennel, or offspring.
19     (c) Testimony of a certified applied behaviorist, a board
20 certified veterinary behaviorist, or another recognized expert
21 may be relevant to the determination of whether the dog's
22 behavior was justified pursuant to the provisions of this
23 Section.
24     (d) If deemed dangerous, the Administrator, or his or her
25 designee, or the Director shall order (i) the dog's owner to
26 pay a $50 public safety fine to the county for deposit into its

 

 

HB5689 - 21 - LRB096 15998 JDS 31243 b

1 animal control fund be deposited into the Pet Population
2 Control Fund, (ii) the dog to be, if not already, spayed or
3 neutered as well as microchipped within 14 days at the owner's
4 expense and microchipped, if not already, and (iii) one or more
5 of the following as deemed appropriate under the circumstances
6 and as necessary for the protection of the public:
7         (1) evaluation of the dog by a certified applied
8     behaviorist, a board certified veterinary behaviorist, or
9     another recognized expert in the field and completion of
10     training or other treatment as deemed appropriate by the
11     expert. The owner of the dog shall be responsible for all
12     costs associated with evaluations and training ordered
13     under this subsection; or
14         (2) direct supervision by an adult 18 years of age or
15     older whenever the animal is on public premises.
16     (e) The Administrator may order a dangerous dog to be
17 muzzled whenever it is on public premises in a manner that will
18 prevent it from biting any person or animal, but that shall not
19 injure the dog or interfere with its vision or respiration.
20     (f) Guide dogs for the blind or hearing impaired, support
21 dogs for the physically handicapped, and sentry, guard, or
22 police-owned dogs are exempt from this Section; provided, an
23 attack or injury to a person occurs while the dog is performing
24 duties as expected. To qualify for exemption under this
25 Section, each such dog shall be currently inoculated against
26 rabies in accordance with Section 8 of this Act and performing

 

 

HB5689 - 22 - LRB096 15998 JDS 31243 b

1 duties as expected. It shall be the duty of the owner of the
2 exempted dog to notify the Administrator of changes of address.
3 In the case of a sentry or guard dog, the owner shall keep the
4 Administrator advised of the location where such dog will be
5 stationed. The Administrator shall provide police and fire
6 departments with a categorized list of the exempted dogs, and
7 shall promptly notify the departments of any address changes
8 reported to him or her.
9     (g) An animal control agency has the right to impound a
10 dangerous dog if the owner fails to comply with the
11 requirements of this Act.
12 (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
 
13     Section 30. The Illinois Public Health and Safety Animal
14 Population Control Act is amended by changing Sections 25 and
15 30 as follows:
 
16     (510 ILCS 92/25)
17     Sec. 25. Eligibility to participate. On or before June 30,
18 2010, a State A resident of the State who owns a dog or cat and
19 who is eligible for the Food Stamp Program or the Social
20 Security Disability Insurance Benefits Program may shall be
21 eligible to participate in the program at a reduced rate if the
22 owner signs a consent form certifying that he or she is the
23 owner of the dog or cat or is authorized by the eligible owner
24 to present the dog or cat for the procedure. An owner must

 

 

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1 submit proof of eligibility to the Department. Upon approval,
2 the Department shall furnish an eligible owner with an
3 eligibility voucher to be presented to a participating
4 veterinarian. On or before June 30, 2010, a State A resident of
5 this State who is managing a feral cat colony and who humanely
6 traps feral cats for spaying or neutering and return is
7 eligible to participate in the program provided the trap,
8 sterilize, and return program is recognized by the municipality
9 or by the county, if it is located in an unincorporated area.
10 The sterilization shall be performed by a voluntarily
11 participating veterinarian or veterinary student under the
12 supervision of a veterinarian. The co-payment for the cat or
13 dog sterilization procedure and vaccinations shall be $15.
14 (Source: P.A. 94-639, eff. 8-22-05.)
 
15     (510 ILCS 92/30)
16     Sec. 30. Veterinarian participation. On or before June 30,
17 2010, any Any veterinarian may participate in the program
18 established under this Act. A veterinarian shall file with the
19 Director an application, on which the veterinarian must supply,
20 in addition to any other information requested by the Director,
21 a fee schedule listing the fees charged for dog and cat
22 sterilization, examination, and the presurgical immunizations
23 specified in this Act in the normal course of business. The dog
24 or cat sterilization fee may vary with the animal's weight,
25 sex, and species. The Director shall compile the fees and

 

 

HB5689 - 24 - LRB096 15998 JDS 31243 b

1 establish reasonable reimbursement rates for the State.
2     For claims made on or before June 30, 2010, the The
3 Director shall reimburse, to the extent funds are available,
4 participating veterinarians for each dog or cat sterilization
5 procedure administered. To receive this reimbursement, the
6 veterinarian must submit a certificate approved by the
7 Department on a form approved by the Director that must be
8 signed by the veterinarian and the owner of the dog or cat or
9 the feral cat caretaker. At the same time, the veterinarian
10 must submit the eligibility voucher provided by the Department
11 to the eligible owner. The Director shall notify all
12 participating veterinarians if the program must be suspended
13 for any period due to a lack of revenue and shall also notify
14 all participating veterinarians if when the program resumes
15 will resume. Veterinarians who voluntarily participate in this
16 sterilization and vaccination program may decline to treat
17 feral cats if they choose.
18     For all dogs and cats sterilized under this Act, the
19 Director shall, for claims made on or before June 30, 2010,
20 also reimburse, to the extent funds are available,
21 participating veterinarians for (1) an examination fee and the
22 presurgical immunization of dogs against rabies and other
23 diseases pursuant to Department rules or (2) examination fees
24 and the presurgical immunizations of cats against rabies and
25 other diseases pursuant to Department rules. Reimbursement for
26 the full cost of the covered presurgical immunizations shall be

 

 

HB5689 - 25 - LRB096 15998 JDS 31243 b

1 made by the Director to the participating veterinarian, for
2 claims made on or before June 30, 2010, upon the written
3 certification, signed by the veterinarian and the owner of the
4 companion animal or the feral cat caretaker, that the
5 immunization has been administered. There shall be no
6 additional charges to the owner of a dog or cat sterilized
7 under this Act or feral cat caretaker for examination fees or
8 the presurgical immunizations.
9 (Source: P.A. 94-639, eff. 8-22-05.)
 
10     (510 ILCS 92/45 rep.)
11     Section 35. The Illinois Public Health and Safety Animal
12 Population Control Act is amended by repealing Section 45.
 
13     (510 ILCS 92/Act rep.)
14     Section 40. The Illinois Public Health and Safety Animal
15 Population Control Act is repealed on July 1, 2010.
 
16     Section 45. The Illinois Vehicle Code is amended by
17 changing Section 3-653 as follows:
 
18     (625 ILCS 5/3-653)
19     Sec. 3-653. Pet Friendly license plates.
20     (a) The Secretary, upon receipt of an application made in
21 the form prescribed by the Secretary, may issue special
22 registration plates designated as Pet Friendly license plates.

 

 

HB5689 - 26 - LRB096 15998 JDS 31243 b

1 The special plates issued under this Section shall be affixed
2 only to passenger vehicles of the first division, motor
3 vehicles of the second division weighing not more than 8,000
4 pounds, and recreational vehicles as defined in Section 1-169
5 of this Code. Plates issued under this Section shall expire
6 according to the multi-year procedure established by Section
7 3-414.1 of this Code.
8     (b) The design and color of the plates is wholly within the
9 discretion of the Secretary, except that the phrase "I am pet
10 friendly" shall be on the plates. The Secretary may allow the
11 plates to be issued as vanity plates or personalized plates
12 under Section 3-405.1 of the Code. The Secretary shall
13 prescribe stickers or decals as provided under Section 3-412 of
14 this Code.
15     (c) An applicant for the special plate shall be charged a
16 $40 fee for original issuance in addition to the appropriate
17 registration fee. Of this additional fee, $25 shall be
18 deposited into the Pet Overpopulation Population Control Fund
19 and $15 shall be deposited into the Secretary of State Special
20 License Plate Fund, to be used by the Secretary to help defray
21 the administrative processing costs.
22     For each registration renewal period, a $27 fee, in
23 addition to the appropriate registration fee, shall be charged.
24 Of this additional fee, $25 shall be deposited into the Pet
25 Overpopulation Population Control Fund and $2 shall be
26 deposited into the Secretary of State Special License Plate

 

 

HB5689 - 27 - LRB096 15998 JDS 31243 b

1 Fund.
2     (d) The Pet Overpopulation Control Fund is created as a
3 special fund in the State treasury. All moneys in the Pet
4 Overpopulation Control Fund shall be paid, subject to
5 appropriation by the General Assembly and approval by the
6 Director of Agriculture, as grants to humane societies exempt
7 from federal income taxation under Section 501(c)(3) of the
8 Internal Revenue Code to be used solely for the humane
9 sterilization of dogs and cats in the State of Illinois. In
10 approving grants under this subsection (d), the Director of
11 Agriculture shall consider grant recommendations made by a
12 volunteer board appointed by the Director of Agriculture and
13 consisting of 5 Illinois residents who are officers or
14 directors of humane societies operating in different regions in
15 Illinois.
16 (Source: P.A. 94-639, eff. 8-22-05; 95-331, eff. 8-21-07.)
 
17     Section 99. Effective date. This Act takes effect upon
18 becoming law.

 

 

HB5689 - 28 - LRB096 15998 JDS 31243 b

1 INDEX
2 Statutes amended in order of appearance
3     30 ILCS 105/5.755 new
4     30 ILCS 105/8h
5     30 ILCS 105/5.568 rep.
6     30 ILCS 805/8.34 new
7     35 ILCS 5/507EE rep.
8     510 ILCS 5/3 from Ch. 8, par. 353
9     510 ILCS 5/9 from Ch. 8, par. 359
10     510 ILCS 5/10 from Ch. 8, par. 360
11     510 ILCS 5/11 from Ch. 8, par. 361
12     510 ILCS 5/13 from Ch. 8, par. 363
13     510 ILCS 5/15 from Ch. 8, par. 365
14     510 ILCS 5/15.1
15     510 ILCS 92/25
16     510 ILCS 92/30
17     510 ILCS 92/45 rep.
18     510 ILCS 92/Act rep.
19     625 ILCS 5/3-653