Full Text of HB0822 95th General Assembly
HB0822sam001 95TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 5/3/2007
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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 Welfare Act is amended by changing | 5 |
| Section 2.2 as follows:
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| (225 ILCS 605/2.2) (from Ch. 8, par. 302.2)
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| Sec. 2.2. No dog dealer, kennel operator, animal shelter, | 8 |
| animal control facility, or cattery operator shall
separate a | 9 |
| puppy or kitten from its mother, for the
purpose of sale or | 10 |
| adoption , until such puppy or kitten has attained the age of 8
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| weeks.
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| All licensees under this Act shall maintain records of
the | 13 |
| origin and sale of all dogs, and such records shall be made | 14 |
| available for
inspection by the Secretary or the Department | 15 |
| upon demand. Such records
must contain proof in proper form of | 16 |
| purebreds and their pedigree, and evidence
of such proof must |
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| be provided to any person acquiring a dog from a licensee
under | 2 |
| this Act. In addition, guard dog services shall be
required to | 3 |
| maintain records of transfer of ownership, death, or | 4 |
| disappearance
of a guard dog or sentry dog used by that guard | 5 |
| dog service.
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| An animal control facility, foster home, or animal shelter | 7 |
| shall not adopt
or release any dog or cat to anyone other than | 8 |
| the owner unless the animal has been rendered
incapable of | 9 |
| reproduction and microchipped, unless a licensed
veterinarian | 10 |
| certifies that the dog or cat is too sick or
injured to be | 11 |
| sterilized or that it would be detrimental to the
health of the | 12 |
| dog or cat to be spayed or neutered. A person wishing to adopt | 13 |
| an animal unable to be sterilized prior
to adoption because of | 14 |
| a medical condition shall have executed a
written agreement | 15 |
| promising to have such service performed,
including | 16 |
| microchipping, within 14 days after a licensed
veterinarian | 17 |
| authorizes a statement that the dog or cat is
healthy enough to | 18 |
| be sterilized. Failure to fulfill the terms of the
agreement | 19 |
| shall result in seizure and impoundment of the animal
and any | 20 |
| offspring by the animal control facility or shelter, and any
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| monies which have been deposited shall be forfeited and
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| submitted to the Pet Population Control Fund on a yearly basis.
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| (Source: P.A. 89-178, eff. 7-19-95.)
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| Section 10. The Animal Control Act is amended by changing | 25 |
| Sections 9, 11, and 15.3 and by adding Sections 2.17c and 15.4 |
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| as follows:
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| (510 ILCS 5/2.17c new) | 3 |
| Sec. 2.17c. "Potentially dangerous dog" means a dog that is | 4 |
| unsupervised and found running at large with 3 or more other | 5 |
| dogs.
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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 | 8 |
| provisions of this Act
may
be apprehended and impounded. For | 9 |
| this purpose, the Administrator shall
utilize any existing or | 10 |
| available animal control facility or licensed animal shelter. | 11 |
| The dog's owner shall pay a $25 public safety fine, $20 of | 12 |
| which shall be deposited into the Pet Population Control Fund | 13 |
| and $5 of which shall be retained by the county or | 14 |
| municipality. A dog found running at large contrary to the | 15 |
| provisions of this Act a second or subsequent time must be | 16 |
| spayed or neutered within 30 days after being reclaimed unless | 17 |
| already spayed or neutered; failure to comply shall result in | 18 |
| impoundment.
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| A dog that is actively engaged in a legal hunting activity, | 20 |
| including training, is not considered to be running at large if | 21 |
| the dog is on land that is open to hunting or on land on which | 22 |
| the person has obtained permission to hunt or to train a dog. A | 23 |
| dog that is in a dog-friendly area or dog park is not | 24 |
| considered to be running at large if the dog is monitored or |
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| 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 | 5 |
| caretaker, a dog or cat must be scanned for a microchip. If a | 6 |
| microchip is present, the registered owner must be notified. | 7 |
| After contact has been made or attempted, dogs or cats deemed | 8 |
| adoptable by the animal control facility shall be offered for | 9 |
| adoption, or made available to a licensed humane society or | 10 |
| rescue group. If no placement is available, it shall be
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| humanely dispatched pursuant to the Humane Euthanasia in Animal | 12 |
| Shelters
Act. An animal pound
or animal shelter shall not adopt | 13 |
| or release any dog or cat to anyone other than the owner
when | 14 |
| not redeemed by
the owner unless the animal has been rendered | 15 |
| incapable of
reproduction
and microchipped, unless a licensed | 16 |
| veterinarian certifies that the dog or cat is too sick or | 17 |
| injured to be sterilized or that it would be detrimental to the | 18 |
| health of the dog or cat to be spayed or neutered. A
or the | 19 |
| person wishing to adopt
an animal unable to be sterilized prior | 20 |
| to adoption because of a medical condition
prior
to the | 21 |
| surgical procedures having been performed shall have executed a | 22 |
| written
agreement promising to have such service performed, | 23 |
| including
microchipping, within
14 days after a licensed | 24 |
| veterinarian authorizes a statement that the dog or cat is | 25 |
| healthy enough to be sterilized
a specified period
of time not |
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| to exceed 30 days . Failure to fulfill the terms of the
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| agreement shall result in
seizure and impoundment of the animal | 3 |
| and any offspring by the animal pound or shelter, and
any | 4 |
| monies which have been deposited shall be forfeited and | 5 |
| submitted to the Pet Population Control Fund on a yearly basis. | 6 |
| This Act shall not
prevent humane societies from engaging in | 7 |
| activities set forth by their
charters; provided, they are not | 8 |
| inconsistent with provisions of this Act
and other existing | 9 |
| laws. No animal shelter or animal control facility shall
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| release dogs or cats to an individual representing a rescue | 11 |
| group, unless the
group has been licensed or has a foster care | 12 |
| permit issued by the Illinois Department of Agriculture or
is a | 13 |
| representative of a not-for-profit out-of-state organization. | 14 |
| The Department may suspend or
revoke the license of
any animal | 15 |
| shelter or animal control facility that fails to comply with | 16 |
| the
requirements set forth in this Section or that fails to | 17 |
| report its intake and euthanasia statistics each year.
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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 | 22 |
| to this Act by
an
Administrator may file a complaint against | 23 |
| the Administrator in the circuit
court within
35 days of | 24 |
| receipt of notification of the determination, for a de novo | 25 |
| hearing
on the
determination. The proceeding shall be conducted |
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| as a civil hearing pursuant to
the
Illinois Rules of Evidence | 2 |
| and the Code of Civil Procedure, including the
discovery
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| provisions. After hearing both parties' evidence, the court may | 4 |
| make a
determination of
dangerous dog if the Administrator | 5 |
| meets his or her burden of proof of a preponderance of the | 6 |
| evidence
of clear
and
convincing evidence . The final order of | 7 |
| the circuit court may be appealed
pursuant to the
civil appeals | 8 |
| provisions of the Illinois Supreme Court Rules.
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| (b) The owner of a dog found to be a dangerous dog pursuant | 10 |
| to this Act by
the
Director may, within 14 days of receipt of | 11 |
| notification of the determination,
request an
administrative | 12 |
| hearing to appeal the determination. The administrative | 13 |
| hearing
shall be
conducted pursuant to the Department of | 14 |
| Agriculture's rules applicable to
formal
administrative | 15 |
| proceedings, 8 Ill. Adm. Code Part 1, SubParts A and B. An
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| owner
desiring
a
hearing shall make his or her request for a | 17 |
| hearing to the Illinois Department
of
Agriculture. The final | 18 |
| administrative decision of the Department may be
reviewed
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| judicially by the circuit court of the county wherein the | 20 |
| person resides or, in
the case of a
corporation, the county | 21 |
| where its registered office is located. If the
plaintiff in a | 22 |
| review
proceeding is not a resident of Illinois, the venue | 23 |
| shall be in Sangamon
County. The
Administrative Review Law and | 24 |
| all amendments and modifications thereof, and the
rules
adopted | 25 |
| thereto, apply to and govern all proceedings for the judicial | 26 |
| review of
final
administrative decisions of the Department |
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| hereunder.
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| (c) Until the order has been reviewed and at all times | 3 |
| during the appeal
process,
the owner shall comply with the | 4 |
| requirements set forth by the Administrator,
the court, or
the | 5 |
| Director.
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| (d) At any time after a final order has been entered, the | 7 |
| owner may petition
the
circuit court to reverse the designation | 8 |
| of dangerous dog.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/15.4 new) | 11 |
| Sec. 15.4. Potentially dangerous dog. A dog found running | 12 |
| at large with 3 or more other dogs may be deemed a potentially | 13 |
| dangerous dog by the animal control warden or administrator. | 14 |
| Potentially dangerous dogs shall be spayed or neutered and | 15 |
| microchipped within 14 days of reclaim. The designation of | 16 |
| "potentially dangerous dog" shall expire 12 months after the | 17 |
| most recent violation of this Section. Failure to comply with | 18 |
| this Section will result in impoundment of the dog or a fine of | 19 |
| $500. ".
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