Bill Text: IL HB0733 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Domestic Animals Running At Large Act. Makes a technical change in a Section concerning the short title.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0367 [HB0733 Detail]

Download: Illinois-2013-HB0733-Amended.html

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Rep. Katherine Cloonen

Filed: 3/14/2013

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AMENDMENT TO HOUSE BILL 733
AMENDMENT NO. ______. Amend House Bill 733 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Domestic Animals Running At Large
Act is amended by changing Sections 1.1 and 1.2 as follows:
(510 ILCS 55/1.1) (from Ch. 8, par. 1.1)
Sec. 1.1. Definitions. As used in this Act, unless the
context otherwise requires:
"Livestock", for the purposes of this Act only, means
bison, cattle, swine, sheep, goats, equidae, camelids,
ratites, or fowl or geese.
"Owner" means any person who (a) has a right of property in
an animal, (b) keeps or harbors an animal, (c) has an animal in
his care, or (d) acts as custodian of an animal.
"Person" means any individual, firm, association,
partnership, corporation, or other legal entity, any public or

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private institution, the State of Illinois, or any municipal
corporation or political subdivision of the State.
"Running at large" or "run at large" means livestock that
strays from confinement or restraint and from the limits of the
owner.
(Source: P.A. 84-28.)
(510 ILCS 55/1.2) (from Ch. 8, par. 1.2)
Sec. 1.2. A notice of a violation of this Act shall be
given to the person or owner of livestock running at large if
known and a maximum of 24 hours may be granted in which to make
the necessary corrections if the violation is an accidental
occurrence and an investigation reveals no identifiable
individual at fault. Any livestock allowed to run at large may
be impounded at a facility capable of restraining such
livestock. A notice of impoundment shall be delivered to the
owner of such livestock in person or by certified mail.
Law enforcement officials such as State Police, County
Sheriffs, or municipal police officers, animal control
administrators, animal control officers, or authorized agents
of the Illinois Department of Agriculture, or authorized agents
of the Illinois Department of Natural Resources, or the owner
or occupier of land may give notice and cause stray animals
which trespass to be impounded.
The person or persons having stray livestock impounded
shall make every reasonable effort to notify the owner or

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keeper of the impounded livestock where such livestock is
impounded.
The person or persons requesting impoundment shall be held
harmless of any liability for injury to or for any financial
responsibility for such animals.
Stray animals may be impounded at any public stockyards,
livestock auction markets or any other facilities willing to
accept such animals for impoundment. The impounding facility
and its owner or owners shall not be held liable for any injury
or accrue any financial responsibility for such impounded
animals.
Any expense incurred in such impoundment shall become a
lien on the livestock impounded and must be discharged before
the livestock are released from the facility. The livestock may
be released to the owner prior to the expiration of the
impoundment period if impoundment costs are satisfied and the
owner provides evidence that he is capable of restraining the
livestock from running at large. If the owner refuses or fails
to provide such restraints, or the impounded animals are not
claimed and incurred costs paid within the period of
impoundment, such animals shall be sold either at a public
auction, or through a public stockyard or a livestock auction
market, offered for adoption, or humanely euthanized in
accordance with this Section. Before any livestock can be sold,
offered for adoption, or humanely euthanized as herein
provided, the person requesting the impoundment shall have

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published notice of the intended sale, adoption, or
euthanization thereof in a newspaper of general circulation in
the area where the impounded animals were found to be running
at large. If the impounded livestock is not claimed within 10
days after the date of publication of such notice, the
livestock may be sold, offered for adoption, or humanely
euthanized in accordance with this Section. The proceeds of the
sale shall be applied first to discharge the lien and costs
associated with the sale of the livestock, and any balance
shall be paid to the owner. If any court of competent
jurisdiction issues any order concerning any impounded animal,
such animal shall immediately pass to the jurisdiction and
possession of the court bailiff of the jurisdiction in which
the order was issued.
If the lien and costs of the associated sale of the
livestock is determined to exceed the expected value of the
animal, then the animal may be deemed adoptable by the animal
control facility and may be offered for adoption. If no such
placement is available, then the animal may be humanely
euthanized.
(Source: P.A. 89-445, eff. 2-7-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.".