Full Text of SB2313 100th General Assembly
SB2313sam002 100TH GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 4/6/2018
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| 1 | | AMENDMENT TO SENATE BILL 2313
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2313 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Animal Control Act is amended by changing | 5 | | Sections 3, 9, 10, 13, 15, and 15.1 as follows:
| 6 | | (510 ILCS 5/3) (from Ch. 8, par. 353)
| 7 | | Sec. 3. The County Board Chairman
with the consent of the | 8 | | County Board
shall appoint an Administrator. Appointments | 9 | | shall be made as
necessary to keep this position filled at all | 10 | | times. The Administrator
may appoint as many Deputy | 11 | | Administrators and Animal Control Wardens to
aid him or her as | 12 | | authorized by the Board. The compensation for the
| 13 | | Administrator, Deputy Administrators, and Animal Control | 14 | | Wardens shall
be fixed by the Board. The Administrator may be | 15 | | removed from office by
the County Board Chairman, with the | 16 | | consent of the County Board.
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| 1 | | The Board shall provide necessary personnel, training, | 2 | | equipment,
supplies, and
facilities, and shall operate pounds | 3 | | or contract for their operation as
necessary to effectuate the | 4 | | program. The Board may enter into contracts
or agreements with | 5 | | persons to assist in the operation of the program and may | 6 | | establish a county animal population control program.
| 7 | | The Board shall be empowered to utilize monies from their | 8 | | General
Corporate Fund to effectuate the intent of this Act.
| 9 | | The Board is authorized by ordinance to require the | 10 | | registration and
may require microchipping of
dogs and cats.
| 11 | | The Board shall
impose an individual dog or cat registration | 12 | | fee with a minimum differential of $10 for intact dogs or cats. | 13 | | Ten dollars of the differential shall be placed either in a | 14 | | county animal population control fund or in the State's Pet | 15 | | Population Control Fund . All persons
selling dogs or cats or | 16 | | keeping registries of dogs or cats shall
cooperate and
provide
| 17 | | information
to the Administrator as required by Board | 18 | | ordinance, including sales,
number of litters, and
ownership
of | 19 | | dogs and cats. If microchips are required, the microchip number | 20 | | may
serve as the county animal
control registration number.
| 21 | | In obtaining information required to implement this Act, | 22 | | the Department
shall have power to subpoena and bring before it | 23 | | any person in this State
and to take testimony either orally or | 24 | | by deposition, or both, with the
same fees and mileage and in | 25 | | the same manner as prescribed by law for civil
cases in courts | 26 | | of this State.
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| 1 | | The Director shall have power to
administer
oaths to | 2 | | witnesses at any hearing which the Department is authorized by
| 3 | | law to conduct, and any other oaths required or authorized in | 4 | | any Act
administered
by the Department.
| 5 | | This Section does not apply to feral cats.
| 6 | | (Source: P.A. 100-405, eff. 1-1-18 .)
| 7 | | (510 ILCS 5/9) (from Ch. 8, par. 359)
| 8 | | Sec. 9. Any dog found running at large contrary to | 9 | | provisions of this Act
may
be apprehended and impounded. For | 10 | | this purpose, the Administrator shall
utilize any existing or | 11 | | available animal control facility or licensed animal shelter. | 12 | | The dog's owner shall pay a $25 public safety fine to be | 13 | | deposited into the county animal control fund or the county pet | 14 | | population control fund , $20 of which shall be deposited into | 15 | | the Pet Population Control Fund and $5 of which shall be | 16 | | retained by the county or municipality . Funds transferred to or | 17 | | retained by a municipality before the effective date of this | 18 | | amendatory Act of the 100th General Assembly under this | 19 | | paragraph shall continue to be transferred to and be retained | 20 | | by that municipality. A dog found running at large contrary to | 21 | | the provisions of this Act a second or subsequent time must be | 22 | | spayed or neutered within 30 days after being reclaimed unless | 23 | | already spayed or neutered; failure to comply shall result in | 24 | | impoundment.
| 25 | | A dog that is actively engaged in a legal hunting activity, |
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| 1 | | including training, is not considered to be running at large if | 2 | | the dog is on land that is open to hunting or on land on which | 3 | | the person has obtained permission to hunt or to train a dog. A | 4 | | dog that is in a dog-friendly area or dog park is not | 5 | | considered to be running at large if the dog is monitored or | 6 | | supervised by a person.
| 7 | | (Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08 .)
| 8 | | (510 ILCS 5/10) (from Ch. 8, par. 360)
| 9 | | Sec. 10. Impoundment; redemption.
When dogs or cats are | 10 | | apprehended and impounded,
they must be scanned for the | 11 | | presence of a microchip and examined for other currently | 12 | | acceptable methods of identification, including, but not | 13 | | limited to, identification tags, tattoos, and rabies license | 14 | | tags. The examination for identification shall be done within | 15 | | 24 hours after the intake of each dog or cat. The
Administrator | 16 | | shall make every reasonable attempt to contact the owner as | 17 | | defined by Section 2.16, agent, or caretaker as soon
as | 18 | | possible. The Administrator shall give notice of not less than | 19 | | 7 business
days to the owner, agent, or caretaker prior to | 20 | | disposal of the animal. Such notice shall be mailed
to the last | 21 | | known address of the owner, agent, or caretaker. Testimony of | 22 | | the Administrator, or his
or her authorized agent, who mails | 23 | | such notice shall be evidence of the receipt
of such notice by | 24 | | the owner, agent, or caretaker of the animal. A mailed notice | 25 | | shall remain
the primary means of owner, agent, or caretaker |
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| 1 | | contact; however, the Administrator shall also attempt to | 2 | | contact the owner, agent, or caretaker by any other contact
| 3 | | information, such as by telephone or email address, provided by
| 4 | | the microchip or other method of identification found on the
| 5 | | dog or cat. If the dog or cat has been microchipped and the | 6 | | primary contact listed by the chip manufacturer cannot be | 7 | | located or refuses to reclaim the dog or cat, an attempt shall | 8 | | be made to contact any secondary contacts listed by the chip | 9 | | manufacturer prior to adoption, transfer, or euthanization. | 10 | | Prior to transferring the dog or cat to another humane shelter, | 11 | | pet store, rescue group, or euthanization, the dog or cat shall | 12 | | be scanned again for the presence of a microchip and examined | 13 | | for other means of identification. If a second scan provides | 14 | | the same identifying information as the initial intake scan and | 15 | | the owner, agent, or caretaker has not been located or refuses | 16 | | to reclaim the dog or cat, the animal control facility may | 17 | | proceed with the adoption, transfer, or euthanization.
| 18 | | In case the owner, agent, or caretaker of any impounded dog | 19 | | or cat desires to make redemption
thereof, he or she may do so | 20 | | by doing the following:
| 21 | | a. Presenting proof of current rabies inoculation
and | 22 | | registration, if applicable.
| 23 | | b. Paying for the rabies inoculation of the dog or cat
| 24 | | and registration, if applicable.
| 25 | | c. Paying the pound for the board of the dog or cat for
| 26 | | the period it was impounded.
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| 1 | | d. Paying into the Animal Control Fund an additional
| 2 | | impoundment fee as prescribed by the Board as a penalty for | 3 | | the
first offense and for each subsequent offense.
| 4 | | e. Paying a $25 public safety fine to be deposited into | 5 | | the county animal control fund or the county pet population | 6 | | control fund Pet Population Control Fund ; the fine shall be | 7 | | waived if it is the dog's or cat's first impoundment and | 8 | | the owner, agent, or caretaker has the animal spayed or | 9 | | neutered within 14 days.
| 10 | | f.
Paying for microchipping and registration if not | 11 | | already
done.
| 12 | | The payments required for redemption under this Section
| 13 | | shall be in
addition to any other penalties invoked under this | 14 | | Act and the Illinois Public Health and Safety Animal Population | 15 | | Control Act . An animal control agency shall assist and share | 16 | | information with the Director of Public Health in the | 17 | | collection of public safety fines.
| 18 | | (Source: P.A. 100-322, eff. 8-24-17.)
| 19 | | (510 ILCS 5/13) (from Ch. 8, par. 363)
| 20 | | Sec. 13. Dog or other animal bites; observation of animal.
| 21 | | (a) Except as otherwise provided in subsections (b) and (c) | 22 | | of this Section, when
the Administrator or, if the | 23 | | Administrator is not a veterinarian, the Deputy
Administrator | 24 | | receives information that any person has been
bitten by an | 25 | | animal, the Administrator or, if the
Administrator is not a |
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| 1 | | veterinarian, the Deputy Administrator, or his or
her | 2 | | authorized
representative, shall have such dog or other animal | 3 | | confined
under the
observation of a licensed veterinarian. The | 4 | | confinement shall be for a period of not less than 10 days from | 5 | | the date the bite occurred and shall continue until the animal | 6 | | has been examined and released from confinement by a licensed | 7 | | veterinarian. The Administrator or, if the Administrator is not | 8 | | a veterinarian, the Deputy Administrator
may permit such | 9 | | confinement to be reduced to a
period of less than 10 days. | 10 | | (a-5) The owner, or if the owner is unavailable, an agent | 11 | | or caretaker of an animal documented to have bitten a person | 12 | | shall present the animal to a licensed veterinarian within 24 | 13 | | hours. A veterinarian presented with an animal documented to | 14 | | have bitten a person shall make a record of the
clinical
| 15 | | condition of the animal immediately. At the
end of the | 16 | | confinement period, the animal shall be examined by a licensed | 17 | | veterinarian, inoculated against rabies, if eligible, and | 18 | | microchipped, if the dog or cat has not been already, at the | 19 | | expense of the owner. The veterinarian shall submit a written
| 20 | | report listing the owner's name, address, dates of confinement, | 21 | | dates of examination, species, breed, description, age, sex, | 22 | | and microchip number of the animal to the Administrator | 23 | | advising him or her of the clinical condition and the final | 24 | | disposition of
the animal on appropriate forms approved by the | 25 | | Department. The Administrator shall notify the person who has | 26 | | been bitten, and in the case of confirmed rabies in the animal, |
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| 1 | | the attending physician or responsible health agency advising | 2 | | of the clinical condition of the animal.
| 3 | | (a-10) When the Administrator or, if the Administrator is | 4 | | not a veterinarian, the Deputy Administrator or his or her | 5 | | authorized representative receives information that a person | 6 | | has been bitten by an animal and evidence is presented that the | 7 | | animal at the time the bite occurred was inoculated against | 8 | | rabies within the time prescribed by law, the animal may be | 9 | | confined in a house, or in a manner which will prohibit the | 10 | | animal from biting a person, if the Administrator, Deputy | 11 | | Administrator, or his or her authorized representative | 12 | | determines the confinement satisfactory. The confinement shall | 13 | | be for a period of not less than 10 days from the date the bite | 14 | | occurred and shall continue until the animal has been examined | 15 | | and released from confinement by a licensed veterinarian. The | 16 | | Administrator or, if the Administrator is not a veterinarian, | 17 | | the Deputy Administrator may instruct the owner, agent, or | 18 | | caretaker to have the animal examined by a licensed | 19 | | veterinarian immediately. The Administrator or, if the | 20 | | Administrator is not a veterinarian, the Deputy Administrator | 21 | | may permit the confinement to be reduced to a period of less | 22 | | than 10 days. At the end of the confinement period, the animal | 23 | | shall be examined by a licensed veterinarian and microchipped, | 24 | | if the dog or cat is not already, at the expense of the owner. | 25 | | The veterinarian shall submit a written report listing the | 26 | | owner's name, address, dates of examination, species, breed, |
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| 1 | | description, age, sex, and microchip number of the animal to | 2 | | the Administrator advising him or her of the clinical condition | 3 | | and the final disposition of the animal on appropriate forms | 4 | | approved by the Department. The Administrator shall notify the | 5 | | person who has been bitten and, in case of confirmed rabies in | 6 | | the animal, the attending physician or responsible health | 7 | | agency advising of the clinical condition of the animal. | 8 | | (a-15) Any person having knowledge that any person has been
| 9 | | bitten by an animal shall
notify the
Administrator or, if the | 10 | | Administrator is not a veterinarian, the Deputy
Administrator | 11 | | within 24 hours. | 12 | | (a-20) It is unlawful for the owner of the animal
to | 13 | | conceal the whereabouts,
euthanize, sell, give away, or | 14 | | otherwise dispose of any
animal known to have bitten a person, | 15 | | until it is examined and released from confinement by the
| 16 | | Administrator or, if the Administrator is not a veterinarian, | 17 | | the Deputy
Administrator, or licensed veterinarian. It is | 18 | | unlawful
for
the
owner of the animal to refuse or fail to | 19 | | immediately comply with
the
instructions made by the | 20 | | Administrator or,
if
the Administrator is not a veterinarian, | 21 | | the Deputy Administrator, or
his or her
authorized | 22 | | representative. Any expense incurred in the
handling of an | 23 | | animal under this Section and Section
12 shall
be borne by the | 24 | | owner. The owner of a biting animal must also remit to the | 25 | | Department of Public Health, for deposit into the Pet | 26 | | Population Control Fund, a $25 public safety fine to be |
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| 1 | | deposited into the county animal control fund within 30 days | 2 | | after notice .
| 3 | | (b) When a person has been bitten by a police dog that is | 4 | | currently vaccinated against rabies,
the police dog may | 5 | | continue to perform
its duties for the peace officer or law | 6 | | enforcement agency and any period
of
observation of the police | 7 | | dog may be under the
supervision of a peace officer.
The | 8 | | supervision shall consist of the dog being locked in a kennel,
| 9 | | performing its official duties in a police vehicle, or | 10 | | remaining under the
constant supervision of its police handler.
| 11 | | (c) When a person has been bitten by a search and rescue | 12 | | dog that is currently vaccinated against rabies, the search and | 13 | | rescue dog may continue to perform its duties for the handler | 14 | | or owner or agency and any period of observation of the dog may | 15 | | be under the supervision of its handler or owner. The | 16 | | supervision shall consist of the dog being locked in a kennel, | 17 | | performing its official duties in a vehicle, or remaining under | 18 | | the constant supervision of its handler or owner. | 19 | | (d) Any person convicted of violating subsection (a-20) of | 20 | | this Section is guilty of a Class A misdemeanor for a first | 21 | | violation. A second or subsequent violation is a Class 4 | 22 | | felony. | 23 | | (Source: P.A. 99-658, eff. 7-28-16.)
| 24 | | (510 ILCS 5/15) (from Ch. 8, par. 365)
| 25 | | Sec. 15. (a) In order to have a dog deemed "vicious", the |
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| 1 | | Administrator,
Deputy
Administrator,
or law enforcement | 2 | | officer must give notice of the
infraction that
is the basis of | 3 | | the investigation to the owner, conduct a thorough
| 4 | | investigation, interview
any witnesses, including the owner, | 5 | | gather any existing medical records,
veterinary
medical | 6 | | records or behavioral evidence, and make a detailed report | 7 | | recommending
a
finding that the dog is a vicious dog and give | 8 | | the report to the State's
Attorney's Office and the
owner. The | 9 | | Administrator, State's Attorney, Director or any citizen of the
| 10 | | county in
which the dog exists may file a complaint in the | 11 | | circuit court in the name of
the People of the
State of
| 12 | | Illinois to deem a dog to be a vicious dog. Testimony of a | 13 | | certified applied
behaviorist, a
board certified veterinary | 14 | | behaviorist, or another recognized expert may be
relevant to | 15 | | the
court's determination of whether the dog's behavior was | 16 | | justified. The
petitioner must
prove the dog is a vicious dog | 17 | | by clear and convincing evidence. The
Administrator shall | 18 | | determine where the animal shall be confined during the
| 19 | | pendency of the case.
| 20 | | A dog may not be declared vicious if the court determines | 21 | | the conduct of
the
dog was
justified because:
| 22 | | (1) the threat, injury, or death was sustained by a | 23 | | person who at the time
was
committing a crime or offense | 24 | | upon the owner or custodian of the dog, or was committing a | 25 | | willful trespass or other tort upon the premises or | 26 | | property owned or occupied by the owner of the animal;
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| 1 | | (2) the injured, threatened, or killed person was | 2 | | abusing,
assaulting,
or physically threatening the dog or | 3 | | its offspring, or has in the past
abused,
assaulted, or | 4 | | physically threatened the dog or its offspring; or
| 5 | | (3) the dog was responding to pain or injury, or was | 6 | | protecting itself, its
owner,
custodian, or member of its | 7 | | household, kennel, or offspring.
| 8 | | No dog shall be deemed "vicious" if it is a professionally | 9 | | trained dog for
law
enforcement or guard duties. Vicious dogs | 10 | | shall not be classified
in a manner that is specific as to | 11 | | breed.
| 12 | | If the burden of proof has been met, the court shall deem | 13 | | the dog to be a
vicious dog.
| 14 | | If a dog is found to be a vicious dog, the owner shall pay a | 15 | | $100 public safety fine to be deposited into the county animal | 16 | | control fund Pet Population Control Fund , the dog shall be | 17 | | spayed or
neutered within 10 days of the finding at the expense | 18 | | of its
owner and microchipped, if not already, and the dog is | 19 | | subject to
enclosure. If an owner fails to comply with these | 20 | | requirements, the animal control agency shall impound the dog | 21 | | and the owner shall pay a $500 fine plus impoundment fees to | 22 | | the animal control agency impounding the dog. The judge has the | 23 | | discretion to order a vicious dog be euthanized. A dog found to | 24 | | be a vicious dog shall not be released to the
owner until the | 25 | | Administrator, an Animal Control Warden, or the
Director | 26 | | approves the enclosure. No owner or
keeper of a vicious dog |
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| 1 | | shall sell or give away the dog without
approval from the | 2 | | Administrator or court. Whenever an owner of a vicious dog | 3 | | relocates, he or she shall notify
both the
Administrator of
| 4 | | County
Animal Control where he or she has relocated and the | 5 | | Administrator of County
Animal Control where he or she formerly | 6 | | resided.
| 7 | | (b) It shall be unlawful for any person to keep or maintain | 8 | | any dog
which has been found to be a vicious dog unless the dog | 9 | | is
kept in an enclosure. The only times that a vicious dog may | 10 | | be allowed out
of the enclosure are (1) if it is necessary for | 11 | | the owner or keeper to
obtain veterinary care for the dog, (2) | 12 | | in the case of an emergency or
natural disaster where the
dog's | 13 | | life is threatened, or (3) to comply with the order of a
court | 14 | | of competent jurisdiction, provided that the dog is securely | 15 | | muzzled
and restrained with a leash not
exceeding 6 feet in | 16 | | length, and shall be under the direct control and
supervision | 17 | | of the owner or keeper of the dog or muzzled in its residence.
| 18 | | Any dog which has been found to be a vicious dog and which | 19 | | is not
confined to an enclosure shall be impounded by the | 20 | | Administrator, an Animal
Control Warden, or the law enforcement | 21 | | authority having jurisdiction in
such area.
| 22 | | If the owner of the dog has not appealed the impoundment | 23 | | order to the
circuit court in the county in which the animal | 24 | | was impounded within 15
working days, the dog may be | 25 | | euthanized.
| 26 | | Upon filing a notice of appeal, the order of euthanasia |
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| 1 | | shall be
automatically stayed pending the outcome of the | 2 | | appeal. The owner shall bear
the burden of timely notification | 3 | | to animal control in writing.
| 4 | | Guide dogs for the blind or hearing impaired, support dogs | 5 | | for persons with physical disabilities, accelerant detection | 6 | | dogs, and sentry, guard, or
police-owned dogs are
exempt from | 7 | | this Section; provided, an attack or injury to a person
occurs | 8 | | while the dog is performing duties as expected. To qualify for
| 9 | | exemption under this Section, each such dog shall be currently
| 10 | | inoculated against rabies in accordance with Section 8
of this | 11 | | Act. It shall be the duty of the owner of such exempted dog to
| 12 | | notify the Administrator of changes of address. In the case of | 13 | | a sentry or
guard dog, the owner shall keep the Administrator | 14 | | advised of the location
where such dog will be stationed. The | 15 | | Administrator shall provide police
and fire departments with a | 16 | | categorized list of such exempted dogs, and
shall promptly | 17 | | notify such departments of any address changes reported to him.
| 18 | | (c) If the animal control agency has custody of the dog, | 19 | | the agency may file a petition with the court requesting that | 20 | | the owner be ordered to post security. The security must be in | 21 | | an amount sufficient to secure payment of all reasonable | 22 | | expenses expected to be incurred by the animal control agency | 23 | | or animal shelter in caring for and providing for the dog | 24 | | pending the determination. Reasonable expenses include, but | 25 | | are not limited to, estimated medical care and boarding of the | 26 | | animal for 30 days. If security has been posted in accordance |
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| 1 | | with this Section, the animal control agency may draw from the | 2 | | security the actual costs incurred by the agency in caring for | 3 | | the dog. | 4 | | (d) Upon receipt of a petition, the court must set a | 5 | | hearing on the petition, to be conducted within 5 business days | 6 | | after the petition is filed. The petitioner must serve a true | 7 | | copy of the petition upon the defendant. | 8 | | (e) If the court orders the posting of security, the | 9 | | security must be posted with the clerk of the court within 5 | 10 | | business days after the hearing. If the person ordered to post | 11 | | security does not do so, the dog is forfeited by operation of | 12 | | law and the animal control agency must dispose of the animal | 13 | | through adoption or humane euthanization.
| 14 | | (Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
| 15 | | (510 ILCS 5/15.1)
| 16 | | Sec. 15.1. Dangerous dog determination.
| 17 | | (a) After a thorough investigation
including: sending, | 18 | | within 10 business days of the Administrator or Director | 19 | | becoming
aware of the alleged infraction,
notifications to the | 20 | | owner of the alleged infractions, the fact of the
initiation of | 21 | | an investigation,
and
affording the owner an opportunity to | 22 | | meet with the Administrator or
Director prior to the making of | 23 | | a determination;
gathering of
any medical or veterinary | 24 | | evidence; interviewing witnesses; and making a
detailed
| 25 | | written report, an animal control warden, deputy |
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| 1 | | administrator, or law
enforcement agent
may ask the | 2 | | Administrator, or his or her designee, or the Director, to deem | 3 | | a
dog to be
"dangerous". No dog shall be deemed a "dangerous | 4 | | dog" unless shown to be a dangerous dog by a preponderance of | 5 | | evidence. The owner shall be sent immediate notification of the | 6 | | determination
by registered or certified mail that includes a | 7 | | complete description of the
appeal
process.
| 8 | | (b) A dog shall not be declared dangerous if the | 9 | | Administrator,
or his or her designee, or the Director | 10 | | determines the
conduct of the dog was justified because:
| 11 | | (1) the threat was sustained by a person
who at the | 12 | | time was committing a crime or offense upon the owner or
| 13 | | custodian of the dog or was committing a willful trespass | 14 | | or other tort upon the premises or property occupied by the | 15 | | owner of the animal;
| 16 | | (2) the threatened person was
abusing, assaulting, or | 17 | | physically threatening the dog or
its offspring;
| 18 | | (3) the injured, threatened, or killed companion | 19 | | animal
was attacking or threatening to attack the dog or | 20 | | its offspring; or
| 21 | | (4) the dog was responding to pain or injury or was
| 22 | | protecting itself, its owner, custodian, or a member of its | 23 | | household,
kennel, or offspring.
| 24 | | (c) Testimony of a certified applied behaviorist, a board | 25 | | certified
veterinary behaviorist, or another recognized expert | 26 | | may be relevant to
the determination of whether the dog's |
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| 1 | | behavior was
justified pursuant to the provisions of this | 2 | | Section.
| 3 | | (d) If deemed dangerous, the Administrator, or his or her | 4 | | designee, or the
Director shall order (i) the dog's owner to | 5 | | pay a $50 public safety fine to be deposited into the county | 6 | | animal control fund Pet Population Control Fund , (ii) the dog | 7 | | to be spayed or neutered within
14
days
at the
owner's expense | 8 | | and microchipped, if not already, and (iii) one or more of the
| 9 | | following
as deemed appropriate under
the
circumstances and | 10 | | necessary for the protection of the public:
| 11 | | (1) evaluation of the dog by a certified applied | 12 | | behaviorist, a
board certified veterinary behaviorist, or | 13 | | another recognized expert in
the field and completion of | 14 | | training or other treatment as deemed
appropriate by the | 15 | | expert. The owner of the dog shall be responsible
for all | 16 | | costs associated with evaluations and training ordered | 17 | | under
this subsection; or
| 18 | | (2) direct supervision by an adult 18 years of age or | 19 | | older
whenever the animal is on public premises.
| 20 | | (e) The Administrator may order a dangerous dog to be | 21 | | muzzled
whenever it is on public premises in a manner that
will | 22 | | prevent
it from biting any person or animal, but that shall not | 23 | | injure the dog or
interfere with its
vision or respiration.
| 24 | | (f) Guide dogs for the blind or hearing impaired, support | 25 | | dogs for persons with a physical disability, and sentry, guard, | 26 | | or
police-owned dogs are exempt from this Section; provided, an |
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| 1 | | attack or injury
to a person occurs while the dog is performing | 2 | | duties as expected. To qualify
for exemption under this | 3 | | Section, each such dog shall be currently inoculated
against | 4 | | rabies in accordance with Section 8 of this Act and performing | 5 | | duties
as expected. It shall be the duty
of the owner of the | 6 | | exempted dog to notify the Administrator of changes of
address. | 7 | | In the case of a sentry or guard dog, the owner shall keep the
| 8 | | Administrator advised of the location where such dog will be | 9 | | stationed. The
Administrator shall provide police and fire | 10 | | departments with a categorized list
of the exempted dogs, and | 11 | | shall promptly notify the departments of any
address changes | 12 | | reported to him or her.
| 13 | | (g) An animal control agency has the right to impound a | 14 | | dangerous dog if the owner fails to comply with the | 15 | | requirements of this Act.
| 16 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 17 | | Section 10. The Illinois Public Health and Safety Animal | 18 | | Population Control Act is amended by changing Sections 10, 20, | 19 | | 25, 30, and 45 as follows: | 20 | | (510 ILCS 92/10)
| 21 | | Sec. 10. Definitions. As used in this Act:
| 22 | | "Director" means the Service Head for Shelter Medicine | 23 | | Program at the University of Illinois College of Veterinary | 24 | | Medicine Director of Public Health .
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| 1 | | "Department" means the University of Illinois College of | 2 | | Veterinary Medicine Department of Public Health .
| 3 | | "Companion animal" means any domestic dog (canis lupus | 4 | | familiaris) or domestic cat
(felis catus).
| 5 | | "Fund" means the Pet Population Control Fund established in | 6 | | this Act.
| 7 | | (Source: P.A. 94-639, eff. 8-22-05.) | 8 | | (510 ILCS 92/20)
| 9 | | Sec. 20. Program established. The Department shall | 10 | | establish and implement an Illinois Public Health and Safety | 11 | | Animal Population Control Program by December 31, 2005 . The | 12 | | purpose of this program is to reduce the population of unwanted | 13 | | and stray dogs and cats in Illinois by encouraging the owners | 14 | | of dogs and cats to have them permanently sexually sterilized | 15 | | and vaccinated, thereby reducing potential threats to public | 16 | | health and safety. The program shall begin collecting funds on | 17 | | January 1, 2006 and shall begin distributing funds for | 18 | | vaccinations or spaying and neutering operations on January 1, | 19 | | 2007. No dog or cat imported from another state is eligible to | 20 | | be sterilized or vaccinated under this program. Beginning June | 21 | | 30, 2007, the Director must make an annual written report | 22 | | relative to the progress of the program to the President of the | 23 | | Senate, the Speaker of the House of Representatives, and the | 24 | | Governor.
| 25 | | (Source: P.A. 94-639, eff. 8-22-05.) |
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| 1 | | (510 ILCS 92/25)
| 2 | | Sec. 25. Eligibility to participate. A resident of the | 3 | | State who owns a dog or cat and who is eligible for the Food | 4 | | Stamp Program or the Social Security Disability Insurance | 5 | | Benefits Program shall be eligible to participate in the | 6 | | program at a reduced rate if the owner signs a consent form | 7 | | certifying that he or she is the owner of the dog or cat or is | 8 | | authorized by the eligible owner to present the dog or cat for | 9 | | the procedure. An owner must submit proof of eligibility to the | 10 | | Department. Upon approval, the Department shall furnish an | 11 | | eligible owner with an eligibility voucher to be presented to a | 12 | | participating veterinarian. A resident of this State who is | 13 | | managing a feral cat colony and who humanely traps feral cats | 14 | | for spaying or neutering and return is eligible to participate | 15 | | in the program provided the trap, sterilize, and return program | 16 | | is recognized by the municipality or by the county, if it is | 17 | | located in an unincorporated area. The sterilization shall be | 18 | | performed by a University of Illinois College of Veterinary | 19 | | Medicine voluntarily participating veterinarian or supervised | 20 | | veterinary student under the supervision of a veterinarian . The | 21 | | co-payment for the cat or dog sterilization procedure and | 22 | | vaccinations shall be $15.
| 23 | | (Source: P.A. 94-639, eff. 8-22-05.) | 24 | | (510 ILCS 92/30)
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| 1 | | Sec. 30. Veterinarian participation. Any University of | 2 | | Illinois College of Veterinary Medicine veterinarian or | 3 | | supervised veterinary student may participate in the program | 4 | | established under this Act. A veterinarian shall file with the | 5 | | Director an application, on which the veterinarian must supply, | 6 | | in addition to any other information requested by the Director, | 7 | | a fee schedule listing the fees charged for dog and cat | 8 | | sterilization, examination, and the presurgical immunizations | 9 | | specified in this Act in the normal course of business. The dog | 10 | | or cat sterilization fee may vary with the animal's weight, | 11 | | sex, and species. The Director shall compile the fees and | 12 | | establish reasonable reimbursement rates for the State. | 13 | | The Director shall reimburse, to the extent funds are | 14 | | available, participating veterinarians for each dog or cat | 15 | | sterilization procedure administered. To receive this | 16 | | reimbursement, the veterinarian must submit a certificate | 17 | | approved by the Department on a form approved by the Director | 18 | | that must be signed by the veterinarian and the owner of the | 19 | | dog or cat or the feral cat caretaker. At the same time, the | 20 | | veterinarian must submit the eligibility voucher provided by | 21 | | the Department to the eligible owner. The Director shall notify | 22 | | all participating veterinarians if the program must be | 23 | | suspended for any period due to a lack of revenue and shall | 24 | | also notify all participating veterinarians when the program | 25 | | will resume. Veterinarians who voluntarily participate in this | 26 | | sterilization and vaccination program may decline to treat |
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| 1 | | feral cats if they choose.
| 2 | | For all dogs and cats sterilized under this Act, the | 3 | | Director shall also reimburse, to the extent funds are | 4 | | available, participating veterinarians for (1) an examination | 5 | | fee and the presurgical immunization of dogs against rabies and | 6 | | other diseases pursuant to Department rules or (2) examination | 7 | | fees and the presurgical immunizations of cats against rabies | 8 | | and other diseases pursuant to Department rules. Reimbursement | 9 | | for the full cost of the covered presurgical immunizations | 10 | | shall be made by the Director to the participating veterinarian | 11 | | upon the written certification, signed by the veterinarian and | 12 | | the owner of the companion animal or the feral cat caretaker, | 13 | | that the immunization has been administered. There shall be no | 14 | | additional charges to the owner of a dog or cat sterilized | 15 | | under this Act or feral cat caretaker for examination fees or | 16 | | the presurgical immunizations.
| 17 | | (Source: P.A. 94-639, eff. 8-22-05.) | 18 | | (510 ILCS 92/45)
| 19 | | Sec. 45. Pet Population Control Fund.
The Pet Population | 20 | | Control Fund is established as a special fund in the State | 21 | | treasury. The moneys generated from the public safety fines | 22 | | collected as provided in the Animal Control Act, from Pet | 23 | | Friendly license plates under Section 3-653 of the Illinois | 24 | | Vehicle Code , and from voluntary contributions must be kept in | 25 | | the Fund and shall be used only to sterilize and vaccinate dogs |
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| 1 | | and cats in this State under pursuant to the program, to | 2 | | promote the sterilization program, to educate the public about | 3 | | the importance of spaying and neutering, and for reasonable | 4 | | administrative and personnel costs related to the Fund.
| 5 | | (Source: P.A. 99-933, eff. 1-27-17.) | 6 | | (510 ILCS 92/15 rep.) | 7 | | Section 15. The Illinois Public Health and Safety Animal | 8 | | Population Control Act is amended by repealing Section 15.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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