SB1672sam002 102ND GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 4/15/2021

10200SB1672sam002 LRB102 04698 BMS 25226 a

AMENDMENT TO SENATE BILL 1672

AMENDMENT NO. ______. Amend Senate Bill 1672 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Insurance Code is amended by adding Section 143.10d as follows:

(215 ILCS 5/143.10d new)

Sec. 143.10d. Claim information for a dog-related incident.

(a) An insurance company offering homeowner's insurance coverage or renter's insurance coverage that issues a policy or contract insuring against liability for injury to a person or injury to or destruction of property arising out of the ownership, lease, or rental of residential property shall, for any claim involving a dog-related incident, record circumstances relating to the incident, including, but not limited to:

(1) if the alleged breed of the dog is noted on the claim, whether the determination of the breed was based on visual identification or more accurate methods, such as American Kennel Club registration or DNA testing, and, if the breed was determined by visual identification, who made the visual identification and the qualifications of the person making the visual identification;

(2) the sex of the dog and whether the dog was spayed or neutered;

(3) whether, at the time of the incident, the person or domestic animal who was injured, attacked, or threatened by the dog had breached an enclosure or structure in which the dog was kept apart from the public and such person or domestic animal was not authorized by the owner of the premises to be within the enclosure or structure, including, but not limited to, a gated, fenced-in area if the gate was closed, whether locked or unlocked;

(4) whether the person or domestic animal who was injured, attacked, or threatened by the dog was a resident, invitee, licensee, trespasser, or had some other status;

(5) whether the dog was on a leash or a chain at the time of the incident and whether the incident occurred indoors or outdoors;

(6) whether the person injured by the dog was engaged in teasing, tormenting, battering, assaulting, injuring, or otherwise provoking the dog;

(7) the age and behavior of the victim when the incident occurred;

(8) the exact location of the dog and the victim prior to the incident;

(9) the type of injury sustained by the victim;

(10) whether the incident occurred on the owner's property or elsewhere;

(11) any training, past behavior, or relevant medical evaluations of the dog;

(12) whether the dog was declared dangerous or vicious pursuant to the Animal Control Act;

(13) whether the person who was injured by the dog was committing a crime upon the person or property of the owner or keeper of the dog; and

(14) whether the dog was protecting or defending itself, its offspring, another domestic animal, or a person from attack or assault.

(b) This information shall be collected for a 3-year period beginning on January 1, 2022 and shall be reported annually to the Department. The Department shall make the information available on the Department's website by July 1, 2023 and shall update the information each July 1 through July 1, 2025.

(c) An insurer offering insurance as defined in subsection (b) of Section 143.13 that does not have any dog breed restrictions or dog breed lists impacting underwriting and rating is exempt from the reporting requirements if the insurer certifies annually in writing to the Department that they do not have or use any dog breed restrictions or dog breed lists.".