Full Text of HB0822 95th General Assembly
HB0822ham001 95TH GENERAL ASSEMBLY
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Agriculture & Conservation Committee
Filed: 3/20/2007
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| AMENDMENT TO HOUSE BILL 822
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| AMENDMENT NO. ______. Amend House Bill 822 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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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| (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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| (510 ILCS 5/9) (from Ch. 8, par. 359)
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| 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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| 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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| 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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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/11) (from Ch. 8, par. 361)
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| 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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| 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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| or release any dog or cat to anyone other than the owner
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| 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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| 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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| 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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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/15.3)
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| Sec. 15.3. Dangerous dog; appeal.
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| (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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| 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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| (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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| 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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| judicially by the circuit court of the county wherein the |
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| 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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| (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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| (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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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (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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