SB1790 94TH GENERAL ASSEMBLY

LRB094 11281 MKM 42066 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1790

Introduced 2/25/2005, by Sen. Martin A. Sandoval

SYNOPSIS AS INTRODUCED:

510 ILCS 5/2.05a
510 ILCS 5/15.1
510 ILCS 5/15.3
30 ILCS 805/8.29 new

Amends the Animal Control Act. Requires owners of certain breeds of dogs to license the dogs as dangerous dogs and to maintain canine liability insurance. Requires a dog licensed as a dangerous dog to wear an orange tag issued along with the license whenever the dog is dwelling or roaming in a public place. Provides for the renewal of the license and the tag every 3 years and on and after July 1, 2006, makes issuance or renewal of a license contingent upon maintenance of canine liability insurance. Requires the Division of Insurance of the Department of Financial and Professional Regulation to cooperate with insurance companies to develop a plan for canine liability insurance and requires implementation of the plan by July 1, 2006. Authorizes the imposition of reasonable fines and imposes criminal penalties for violation of the licensing and canine liability insurance requirements. Authorizes impoundment of the dog until all fines are paid and the owner is in compliance with the licensing and insurance provisions. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning animals.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Animal Control Act is amended by changing Sections 2.05a, 15.1, and 15.3 as follows:

(510 ILCS 5/2.05a)

Sec. 2.05a. "Dangerous dog" means (i) any individual dog when unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal in a public place and (ii) any dog of a breed required to be licensed as a dangerous dog under subsection (c-5) of Section 15.1.

(Source: P.A. 93-548, eff. 8-19-03.)

(510 ILCS 5/15.1)

Sec. 15.1. Dangerous dog determination.

(a) After a thorough investigation including: sending, within 3 days of the Administrator or Director becoming aware of the alleged infraction, notifications to the owner of the alleged infractions, the fact of the initiation of an investigation, and affording the owner an opportunity to meet with the Administrator or Director prior to the making of a determination; gathering of any medical or veterinary evidence; interviewing witnesses; and making a detailed written report, an animal control warden, deputy administrator, or law enforcement agent may ask the Administrator, or his or her designee, or the Director, to deem a dog to be "dangerous". No dog shall be deemed a "dangerous dog" under this subsection without clear and convincing evidence. The owner shall be sent immediate notification of the determination by registered or certified mail that includes a complete description of the appeal process.

(b) A dog shall not be declared dangerous under subsection (a) if the Administrator, or his or her designee, or the Director determines the conduct of the dog was justified because:

(1) the threat was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog;

(2) the threatened person was tormenting, abusing, assaulting, or physically threatening the dog or its offspring;

(3) the injured, threatened, or killed companion animal was attacking or threatening to attack the dog or its offspring; or

(4) the dog was responding to pain or injury or was protecting itself, its owner, custodian, or a member of its household, kennel, or offspring.

(c) Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert may be relevant to the determination of whether the dog's behavior was justified pursuant to the provisions of this Section.

(c-5) Any dog that is of any of the following breeds shall be deemed to be a dangerous dog by the Administrator or Director and shall be registered by its owner as a dangerous dog:

(1) Pit bull.

(2) Rottweiler.

(3) German shepherd.

(4) Huskies.

(5) Alaskan malamute.

(6) Doberman pinscher.

(7) Chow chow.

(8) Great Dane.

(9) St. Bernard.

(10) Akita.

Upon registration, the Administrator or Director shall issue a dangerous dog license to the owner and may require the owner to pay a reasonable fee. Each dog licensed under this subsection shall also be issued an orange tag that shall be worn by the dog whenever it is dwelling or roaming in a public place. The license and the tag shall be renewed by the owner 3 years after the date of issuance and every 3 years thereafter for the life of the dog. The Administrator or Director shall maintain a registry of all dogs licensed under this subsection.

On and after July 1, 2006, the owner of any dog required to be licensed under this subsection shall maintain canine liability insurance for the life of the dog and no license shall be issued or renewed under this subsection unless the owner provides proof of canine liability insurance. The Division of Insurance of the Department of Financial and Professional Regulation shall, in cooperation with insurance companies authorized to do business in this State, create a program of canine liability insurance. On or before February 1, 2006, the Division shall report to the General Assembly concerning its plan for canine liability insurance and shall recommend action necessary to implement that plan. The Division shall implement the plan no later than July 1, 2006.

The Administrator or Director may impose a reasonable fine against any person that fails to register or renew an existing license or fails to maintain canine liability insurance in accordance with this subsection and may impound the dog until the fine is paid and the owner is in compliance with this subsection. Any person found to be in violation of this subsection is guilty of a Class C misdemeanor for the first offense and a Class B misdemeanor for the second or any subsequent offense.

(d) If deemed dangerous under subsection (a) or licensed as a dangerous dog under subsection (c-5), the Administrator, or his or her designee, or the Director shall order the dog to be spayed or neutered within 14 days at the owner's expense and microchipped, if not already, and one or more of the following as deemed appropriate under the circumstances and necessary for the protection of the public:

(1) evaluation of the dog by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by the expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this subsection; or

(2) direct supervision by an adult 18 years of age or older whenever the animal is on public premises.

(e) The Administrator may order a dangerous dog to be muzzled whenever it is on public premises in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration.

(f) Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and sentry, guard, or police-owned dogs are exempt from this Section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this Section, each such dog shall be currently inoculated against rabies in accordance with Section 8 of this Act and performing duties as expected. It shall be the duty of the owner of the exempted dog to notify the Administrator of changes of address. In the case of a sentry or guard dog, the owner shall keep the Administrator advised of the location where such dog will be stationed. The Administrator shall provide police and fire departments with a categorized list of the exempted dogs, and shall promptly notify the departments of any address changes reported to him or her.

(Source: P.A. 93-548, eff. 8-19-03.)

(510 ILCS 5/15.3)

Sec. 15.3. Dangerous dog; appeal.

(a) The owner of a dog found to be a dangerous dog pursuant to this Act by an Administrator may file a complaint against the Administrator in the circuit court within 35 days of receipt of notification of the determination, for a de novo hearing on the determination. The proceeding shall be conducted as a civil hearing pursuant to the Illinois Rules of Evidence and the Code of Civil Procedure, including the discovery provisions. After hearing both parties' evidence, the court may make a determination of dangerous dog if the Administrator meets his or her burden of proof of clear and convincing evidence. The final order of the circuit court may be appealed pursuant to the civil appeals provisions of the Illinois Supreme Court Rules.

(b) The owner of a dog found to be a dangerous dog pursuant to this Act by the Director may, within 14 days of receipt of notification of the determination, request an administrative hearing to appeal the determination. The administrative hearing shall be conducted pursuant to the Department of Agriculture's rules applicable to formal administrative proceedings, 8 Ill. Adm. Code Part 1, SubParts A and B. An owner desiring a hearing shall make his or her request for a hearing to the Illinois Department of Agriculture. The final administrative decision of the Department may be reviewed judicially by the circuit court of the county wherein the person resides or, in the case of a corporation, the county where its registered office is located. If the plaintiff in a review proceeding is not a resident of Illinois, the venue shall be in Sangamon County. The Administrative Review Law and all amendments and modifications thereof, and the rules adopted thereto, apply to and govern all proceedings for the judicial review of final administrative decisions of the Department hereunder.

(c) Until the order has been reviewed and at all times during the appeal process, the owner shall comply with the requirements set forth by the Administrator, the court, or the Director.

(d) At any time after a final order has been entered, the owner may petition the circuit court to reverse the designation of dangerous dog.

(e) The provisions of this Section do not apply to the owner of a dog required to be licensed as a dangerous dog under subsection (c-5) of Section 15.1.

(Source: P.A. 93-548, eff. 8-19-03.)

Section 90. The State Mandates Act is amended by adding Section 8.29 as follows:

(30 ILCS 805/8.29 new)

Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.