Full Text of HB0822 95th General Assembly
HB0822sam002 95TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 5/22/2007
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| AMENDMENT TO HOUSE BILL 822
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| AMENDMENT NO. ______. Amend House Bill 822, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Animal Welfare Act is amended by changing | 6 |
| Section 2 and adding Section 20.5 as follows:
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| (225 ILCS 605/2) (from Ch. 8, par. 302)
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| Sec. 2. Definitions. As used in this Act unless the context | 9 |
| otherwise
requires:
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| "Department" means the Illinois Department of Agriculture.
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| "Director" means the Director of the Illinois Department of | 12 |
| Agriculture.
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| "Pet shop operator" means any person who sells, offers to | 14 |
| sell,
exchange, or offers for adoption with or without charge | 15 |
| or donation dogs,
cats, birds, fish, reptiles, or other animals | 16 |
| customarily obtained as pets
in this State. However, a person |
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| who sells only such animals that he has
produced and raised | 2 |
| shall not be considered a pet shop operator under this
Act, and | 3 |
| a veterinary hospital or clinic operated by a veterinarian or
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| veterinarians licensed under the Veterinary Medicine and | 5 |
| Surgery Practice
Act of 2004 shall not be considered a pet shop | 6 |
| operator under this
Act.
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| "Dog dealer" means any person who sells, offers to sell, | 8 |
| exchange, or
offers for adoption with or without charge or | 9 |
| donation dogs in this State.
However, a person who sells only | 10 |
| dogs that he has produced and raised shall
not be considered a | 11 |
| dog dealer under this Act, and a veterinary hospital or
clinic | 12 |
| operated by a veterinarian or veterinarians licensed under the
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| Veterinary Medicine and Surgery Practice Act of 2004
shall not | 14 |
| be considered a dog dealer under this Act.
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| "Secretary of Agriculture" or "Secretary" means the | 16 |
| Secretary of
Agriculture of the United States Department of | 17 |
| Agriculture.
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| "Person" means any person, firm, corporation, partnership, | 19 |
| association
or other legal entity, any public or private | 20 |
| institution, the State of
Illinois, or any municipal | 21 |
| corporation or political subdivision of the
State.
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| "Kennel operator" means any person who operates an | 23 |
| establishment, other
than an animal control facility, | 24 |
| veterinary hospital, or animal
shelter, where dogs or dogs and | 25 |
| cats are maintained
for boarding, training or similar purposes | 26 |
| for a fee or compensation; or
who sells, offers to sell, |
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| exchange, or offers for adoption with or without
charge dogs or | 2 |
| dogs and cats which he has produced and raised. A person who
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| owns, has possession of, or harbors 5 or less
females capable | 4 |
| of reproduction shall not be considered a kennel
operator.
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| "Cattery operator" means any person who operates an | 6 |
| establishment, other
than an animal control facility or animal
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| shelter, where cats are maintained for boarding,
training or | 8 |
| similar purposes for a fee or compensation; or who sells,
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| offers to sell, exchange, or offers for adoption with or | 10 |
| without charges
cats which he has produced and raised. A person | 11 |
| who owns, has possession
of, or harbors 5 or
less females | 12 |
| capable of reproduction shall not be considered a
cattery | 13 |
| operator.
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| "Animal control facility" means any facility operated by or
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| under contract for the State,
county, or any municipal | 16 |
| corporation or political subdivision of the State
for the | 17 |
| purpose of impounding or harboring seized, stray, homeless,
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| abandoned or unwanted dogs, cats, and other animals. "Animal | 19 |
| control
facility" also means any
veterinary hospital or clinic | 20 |
| operated by a veterinarian or veterinarians
licensed under the | 21 |
| Veterinary Medicine and Surgery Practice Act of 2004 which
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| operates for the above mentioned purpose in addition to its | 23 |
| customary purposes.
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| "Animal shelter" means a facility operated, owned, or | 25 |
| maintained by a duly
incorporated humane society, animal | 26 |
| welfare society, or other non-profit
organization for the |
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| purpose of providing for and promoting the welfare,
protection, | 2 |
| and humane treatment of animals. "Animal shelter" also means | 3 |
| any
veterinary hospital or clinic operated by a veterinarian or | 4 |
| veterinarians
licensed under the Veterinary Medicine and | 5 |
| Surgery Practice Act of 2004 which
operates for the above | 6 |
| mentioned purpose in addition to its customary purposes.
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| "Foster home" means an entity that accepts the | 8 |
| responsibility for
stewardship of animals that are the | 9 |
| obligation of an animal shelter, not to
exceed 4 animals at any | 10 |
| given time. Permits to operate as a "foster home"
shall be | 11 |
| issued through the animal shelter.
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| "Guard dog service" means an entity that, for a fee, | 13 |
| furnishes or leases
guard or sentry dogs for the protection of | 14 |
| life or property. A person
is not a guard dog service solely | 15 |
| because he or she owns a dog and uses it to
guard his or her | 16 |
| home, business, or farmland.
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| "Guard dog" means a type of dog used primarily for the | 18 |
| purpose of defending,
patrolling, or protecting property or | 19 |
| life at a commercial establishment
other than a farm. "Guard | 20 |
| dog" does not include stock dogs used primarily for
handling | 21 |
| and controlling livestock or farm animals, nor does it include
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| personally owned pets that also provide security.
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| "Sentry dog" means a dog trained to work without | 24 |
| supervision in a fenced
facility other than a farm, and to | 25 |
| deter or detain unauthorized persons found
within the facility.
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| "Probationary status" means the 12-month period following |
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| a series of violations of this Act during which any further | 2 |
| violation shall result in an automatic 12-month suspension of | 3 |
| licensure.
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| (Source: P.A. 93-281, eff. 12-31-03.)
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| (225 ILCS 605/20.5 new) | 6 |
| Sec. 20.5. Administrative fines. The following | 7 |
| administrative fines shall be imposed by the Department upon | 8 |
| any person or entity who violates any provision of this Act or | 9 |
| any rule adopted by the Department under this Act: | 10 |
| (1) For the first violation, a fine of $200. | 11 |
| (2) For a second violation that occurs within 3 years | 12 |
| after the first violation, a fine of $500. | 13 |
| (3) For a third violation that occurs within 3 years | 14 |
| after the first violation, mandatory probationary status | 15 |
| and a fine of $1,000. | 16 |
| Section 10. The Animal Control Act is amended by changing | 17 |
| Sections 9, 11, and 15.3 and by adding Sections 2.17c and 15.4 | 18 |
| as follows:
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| (510 ILCS 5/2.17c new) | 20 |
| Sec. 2.17c. "Potentially dangerous dog" means a dog that is | 21 |
| unsupervised and found running at large with 3 or more other | 22 |
| 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 | 3 |
| provisions of this Act
may
be apprehended and impounded. For | 4 |
| this purpose, the Administrator shall
utilize any existing or | 5 |
| available animal control facility or licensed animal shelter. | 6 |
| The dog's owner shall pay a $25 public safety fine, $20 of | 7 |
| which shall be deposited into the Pet Population Control Fund | 8 |
| and $5 of which shall be retained by the county or | 9 |
| municipality. A dog found running at large contrary to the | 10 |
| provisions of this Act a second or subsequent time must be | 11 |
| spayed or neutered within 30 days after being reclaimed unless | 12 |
| already spayed or neutered; failure to comply shall result in | 13 |
| impoundment.
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| A dog that is actively engaged in a legal hunting activity, | 15 |
| including training, is not considered to be running at large if | 16 |
| the dog is on land that is open to hunting or on land on which | 17 |
| the person has obtained permission to hunt or to train a dog. A | 18 |
| dog that is in a dog-friendly area or dog park is not | 19 |
| considered to be running at large if the dog is monitored or | 20 |
| 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 | 24 |
| caretaker, a dog or cat must be scanned for a microchip. If a | 25 |
| microchip is present, the registered owner must be notified. |
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| After contact has been made or attempted, dogs or cats deemed | 2 |
| adoptable by the animal control facility shall be offered for | 3 |
| adoption, or made available to a licensed humane society or | 4 |
| rescue group. If no placement is available, it shall be
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| humanely dispatched pursuant to the Humane Euthanasia in Animal | 6 |
| Shelters
Act. An animal pound
or animal shelter shall not adopt | 7 |
| or release any dog or cat to anyone other than the owner
when | 8 |
| not redeemed by
the owner unless the animal has been rendered | 9 |
| incapable of
reproduction
and microchipped, or the person | 10 |
| wishing to adopt
an animal prior
to the surgical procedures | 11 |
| having been performed shall have executed a written
agreement | 12 |
| promising to have such service performed, including
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| microchipping, within
a specified period
of time not to exceed | 14 |
| 30 days. Failure to fulfill the terms of the
agreement shall | 15 |
| result in
seizure and impoundment of the animal and any | 16 |
| offspring by the animal pound or shelter, and
any monies which | 17 |
| have been deposited shall be forfeited and submitted to the Pet | 18 |
| Population Control Fund on a yearly basis. This Act shall not
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| prevent humane societies from engaging in activities set forth | 20 |
| by their
charters; provided, they are not inconsistent with | 21 |
| provisions of this Act
and other existing laws. No animal | 22 |
| shelter or animal control facility shall
release dogs or cats | 23 |
| to an individual representing a rescue group, unless the
group | 24 |
| has been licensed or has a foster care permit issued by the | 25 |
| Illinois Department of Agriculture or
is a representative of a | 26 |
| not-for-profit out-of-state organization. The Department may |
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| suspend or
revoke the license of
any animal shelter or animal | 2 |
| control facility that fails to comply with the
requirements set | 3 |
| forth in this Section or that fails to report its intake and | 4 |
| 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 | 9 |
| to this Act by
an
Administrator may file a complaint against | 10 |
| the Administrator in the circuit
court within
35 days of | 11 |
| receipt of notification of the determination, for a de novo | 12 |
| hearing
on the
determination. The proceeding shall be conducted | 13 |
| as a civil hearing pursuant to
the
Illinois Rules of Evidence | 14 |
| and the Code of Civil Procedure, including the
discovery
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| provisions. After hearing both parties' evidence, the court may | 16 |
| make a
determination of
dangerous dog if the Administrator | 17 |
| meets his or her burden of proof of a preponderance of the | 18 |
| evidence
of clear
and
convincing evidence . The final order of | 19 |
| the circuit court may be appealed
pursuant to the
civil appeals | 20 |
| provisions of the Illinois Supreme Court Rules.
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| (b) The owner of a dog found to be a dangerous dog pursuant | 22 |
| to this Act by
the
Director may, within 14 days of receipt of | 23 |
| notification of the determination,
request an
administrative | 24 |
| hearing to appeal the determination. The administrative | 25 |
| hearing
shall be
conducted pursuant to the Department of |
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| Agriculture's rules applicable to
formal
administrative | 2 |
| 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 | 4 |
| hearing to the Illinois Department
of
Agriculture. The final | 5 |
| administrative decision of the Department may be
reviewed
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| judicially by the circuit court of the county wherein the | 7 |
| person resides or, in
the case of a
corporation, the county | 8 |
| where its registered office is located. If the
plaintiff in a | 9 |
| review
proceeding is not a resident of Illinois, the venue | 10 |
| shall be in Sangamon
County. The
Administrative Review Law and | 11 |
| all amendments and modifications thereof, and the
rules
adopted | 12 |
| thereto, apply to and govern all proceedings for the judicial | 13 |
| review of
final
administrative decisions of the Department | 14 |
| hereunder.
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| (c) Until the order has been reviewed and at all times | 16 |
| during the appeal
process,
the owner shall comply with the | 17 |
| requirements set forth by the Administrator,
the court, or
the | 18 |
| Director.
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| (d) At any time after a final order has been entered, the | 20 |
| owner may petition
the
circuit court to reverse the designation | 21 |
| 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) | 24 |
| Sec. 15.4. Potentially dangerous dog. A dog found running | 25 |
| at large with 3 or more other dogs may be deemed a potentially |
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| dangerous dog by the animal control warden or administrator. | 2 |
| Potentially dangerous dogs shall be spayed or neutered and | 3 |
| microchipped within 14 days of reclaim. The designation of | 4 |
| "potentially dangerous dog" shall expire 12 months after the | 5 |
| most recent violation of this Section. Failure to comply with | 6 |
| this Section will result in impoundment of the dog or a fine of | 7 |
| $500. ".
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