[ SHOWGSD-L ] (LONG) Il Dangerous Dog Bill
- From: LEWIEB@xxxxxxx
- To: showgsd-l@xxxxxxxxxxxxx
- Date: Thu, 3 Mar 2005 13:32:29 EST
You listers and anyone else who lives in IL had better get to the IL Senate
and Sen Sandoval before this Bill he is sponsoring gets passed. Your GSD could
have to wear an Orange Tag around his neck because he is DANGEROUS. Course
he might not be too dangerous since he would also have to be neutered. We can
all say it won't happen to us but folks IT IS HAPPENING TO ALL OF US RIGHT NOW.
Lew
This bill was introduced into the Illinois Senate on February 25, 2005. It
went to the Agriculture and Conservation Committee on March 2, 2005. If passed
it would declare GSDs as Dangerous Dogs requiring licensing, liability
insurance, and spaying and neutering of all GSDs, among other things.
SB 1790 INTRODUCED
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
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 nof 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 dangerousdog 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 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
Mr Sandoval's Contact info:
http://www.ilga.gov/Senate/Senator.asp?MemberID=1050
Senate email and contact infos:
http://www.ilga.gov/senate/
House email and contact infos:
http://www.ilga.gov/house/
Please write your brief, cordial, and to the point letters, each
addressed
separately. Please take the time. This is important.
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