SB1442ANIMAL PROSECUTION-ADVOCATE (HASTINGS M) **OPPOSE**
Amends the Code of Criminal Procedure of 1963. Provides that in a prosecution of a case involving the injury, health, or safety of an animal, the court may, on its own motion or motion of any party, appoint a special advocate to assist the court, as deemed appropriate by the court, and represent the interests of justice regarding the health or safety of the animal. Amends the Civil Administrative Code of Illinois Department of Agriculture Law. Provides that the Department of Agriculture shall compile a list comprised of pro bono attorneys and law students from each county who may serve as special advocates for these cases.
SB1510ANIMAL CRUELTY-EVERY ANIMAL (HOLMES L)
Amends the Humane Care for Animals Act. Provides that a person who commits specified offenses against more than one animal may be charged with a separate offense for each animal that was treated in a manner violating the Act. Effective immediately.
Current Status: 3/17/2017 - Rule 3-9(a) / Re-referred to Assignments Recent Status: 3/15/2017 - Postponed - Criminal Law
2/22/2017 - Assigned to Senate Criminal Law
Report Position: Oppose SB1900DISEASED ANIMALS-RULE RECORDS (WEAVER C)
Amends the Illinois Diseased Animals Act. Deletes a provision providing that all rules of the Department of Agriculture, and all amendments or revocations of existing rules, shall be recorded in an appropriate book or books, shall be adequately indexed, shall be kept in the office of the Department, and shall constitute a public record and that the rules shall be printed in pamphlet form and furnished, upon request, to the public free of cost. Effective immediately.
SB1903COMPANION ANIMAL-COLD/HEAT (SILVERSTEIN I)
Amends the Humane Care for Animals Act. Provides that no owner of a companion animal (rather than a cat or dog that is a companion animal) may expose the companion animal in a manner that places that animal in a life-threatening situation for a prolonged period of time in extreme heat or cold conditions that: (1) results in injury to or death of the animal; or (2) results in hypothermia, hyperthermia, frostbite, or similar condition as diagnosed by a doctor of veterinary medicine.
SB1995INS CD-SERVICE DOGS (CULLERTON T)
Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or managed care plan amended, delivered, issued, or renewed after the effective date of the amendatory Act must provide coverage for the purchase of a service dog that is specially trained to assist blind, deaf, or mobility impaired persons or persons with a disability that is other than physical, including, but not limited to, anxiety disorders and post-traumatic stress disorder, provided the insured's treating health care provider certifies in writing that the service dog is medically necessary. Requires the service dog to be purchased from a nonprofit organization that is established for the training of such dogs and is an accredited member of a professional association of guide dog or service dog organizations.
SB2277IMMUNITY-ANIMALS IN LOCKED CAR (CONNELLY M) **OPPOSE**
Amends the Humane Care for Animals Act. Provides that a person is immune from criminal liability for criminal damage to property and criminal trespass to vehicles resulting from his or her forcible entry into a vehicle and from civil liability for property damage if the person: determines the vehicle is locked or there is otherwise no reasonable method for the animal to exit the vehicle; has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if not immediately removed from the vehicle, and based upon the circumstances known to the person at the time, the belief is a reasonable one; has made a good faith effort to contact a 9-1-1 emergency telephone system operator, law enforcement, or the fire department, and if contact is not possible prior to forcibly entering the vehicle, the person makes contact as soon as possible after forcibly entering the vehicle; makes a good a faith effort to place a notice on the vehicle's windshield with the person's contact information, the reason entry was made, the location of the animal, and the fact that authorities have been notified; remains with the animal in a safe location until law enforcement or emergency responders arrive; and uses no more force than necessary to enter the vehicle to remove the animal. Effective immediately.
SB2280 ANIMAL WELFARE-PET SHOPS (M Connelly) **OPPOSE**
Amends the Animal Welfare Act. Provides restrictions on the retail sale of cats, dogs, and rabbits by pet shop operators in Will County and DuPage County. Provides that pet shop operators may offer a dog, cat, or rabbit for sale only if the pet shop operator has obtained the dog, cat, or rabbit from an animal control facility, animal shelter, animal care facility, kennel, pound, or training facility operated by a subdivision of local, State, or federal government or a specified animal rescue organization. Provides that a pet shop operator shall not offer for sale a dog, cat, or rabbit that is younger than 8 weeks old. Provides that a pet shop operator shall maintain specified records of each dog, cat, or rabbit sold. Provides for civil penalties for each violation of the provisions. Provides that the provisions do not prohibit the county or a municipality in Will County or DuPage County from adopting requirements that are more protective of animal welfare than those set forth in the provisions. Provides that the home rule units in Will County or DuPage County may adopt an ordinance explicitly exempting itself from the provisions and requires a copy of the ordinance to be filed with the Index Department of the Secretary of State's Office. Limits the concurrent exercise of power by home rule units.
Talking Points Against SB2280:
SB2280 harms responsible pet breeders and retailers who are regulated under federal and/or state laws, while encouraging the sale of pets that come from unlicensed and unregulated sources that are not subject to federal animal welfare or Illinois consumer protection laws.
SB2280 will ban the sale of pets from known, regulated and inspected sources, and restrict pet shops to only sell pets from unregulated and uninspected sources (i.e., shelters, rescues, and other similar organizations).
SB2280 will dramatically reduce average Illinoisan' access and ability to choose a pet with the predictable type, mandated care, and substantiated health background that come with purebred pets from regulated sources. Individuals who lack the resources or do not have access to private hobby breeders will be the most directly impacted.
Because many communities lack sufficient local breeders to meet the demand for the specific pets desired by local residents, Illinois families seeking a puppy that is a specific breed from a professional breeder subject to USDA or state animal welfare standards will likely have little other alternative than to obtain a pet of unknown background, health history or status if SB2280 becomes law. If Illinois consumers are limited to acquiring a pet that is an inappropriate fit for their lifestyle, that animal is more likely to cycle back into the shelter system.
SB2280 does not require shelters or rescues to supply pet shops with dogs to sell. A lack of supply will prove economically disastrous for these businesses and the people who are employed by them.
The Illinois Federation of Dog Clubs and Owners and the American Kennel Club (AKC) emphatically supports freedom of choice in selecting a pet. IFDCO and AKC actively promotes efforts to ensure that people are educated, understand the demands of responsible ownership and have access to a pet that is right for them. IFDCO and AKC strongly opposes any measure that restricts choice by compelling people and/or retailers to obtain pets solely from shelter or rescue distributors.
WHY ALL ILLINOISANS NEED TO WORRY ABOUT SB2280:
As recent history has shown, many anti-breeder animal rights extremists continuously advocate for incremental breeding and sales restrictions that they hope will eventually lead to outright bans on all animal breeding and ownership. They collectively consider all breeders and pet stores as substandard and inherently not interested in practicing or promoting animal welfare. These politically-aware extremists recognize that most purebred dog fanciers and enthusiasts do not think of themselves as similar to, or aligned with, pet stores or professional breeders. As a result, they employ a “divide-and-conquer” governmental strategy to further split the political strength of breeder groups. This is the strategic foundation that SB2280 is built upon.
Over the past few years, a multitude of local jurisdictions have considered proposals to ban the sale of pets at pet stores. As the proposals move from one jurisdiction to another, the template stays largely the same. Proponents make inflammatory allegations about abuses by breeders (whom they collectively call “puppy mills”) or unsubstantiated or uneducated claims of animal population issues, and offer a solution that urges the sales or adoption of animals obtained from shelters and rescues. Animal rights groups count on the idea that the philosophical division between breeder groups will prevent them from uniting against their incremental, yet no less radical, agenda.
SB2280 seeks to ban the sale of pets from known, regulated and inspected sources (including breeders and handlers subject to federal licensing), and allow pet shops to only sell pets from unregulated and uninspected sources (i.e., shelters, rescues, and other similar organizations) that are not subject to state consumer protection laws or other guarantees. In essence, retail pet store bans, including SB2280, remove available consumer protections for new pet owners, limit the ability of pet owners to obtain the appropriate pet for their lifestyle, and potentially increase public health risks for the entire community. Furthermore, SB2280 will dramatically reduce every Illinoisans access and ability to choose a pet with the predictable type, mandated care, and substantiated health backgrounds that come with purebred pets from regulated sources.
SB 2280’s proponents misleadingly claim that the bill will promote the purchasing of purebred dogs from local breeders. That claim, however, fails to shed light on the many local anti-breeder laws they themselves have for decades successfully been advocating the adoption of in Illinois cities and counties. Unfortunately, those restrictions on breeders in local communities have made obtaining a specific type of dog bred by a local breeder increasingly difficult.
Predominantly, when governments attempt to limit the legitimate sources from which a person may obtain a pet, it not only interferes with individual freedoms, it also increases the likelihood that a person will obtain a pet that is not a good match for their lifestyle and the likelihood that that animal will end up in a shelter.
It has never been more important than it is now for all dog lovers and those concerned about the future of our breeds to work together to preserve the freedom of individuals to choose from a variety of pets and to find one that is the right match for each individual’s lifestyle. Such pets can come from a variety of sources including directly from the breeder, from a retailer, or from a shelter or rescue. The decision to acquire an appropriate pet should be made by consumers themselves, not by an arbitrary government mandate pushed for by extremists who ultimately seek the end of dog breeding and animal ownership.
SB2294LIABILITY-VEHICLE-ANIMAL/CHILD (MORRISON J) **OPPOSE**
Amends the Humane Care for Animals Act. Provides that a person is immune from criminal liability for criminal damage to property and criminal trespass to vehicles resulting from his or her forcible entry into a vehicle and from civil liability for property damage if a domestic animal was present in the vehicle and the person had a good faith belief that the domestic animal was in imminent danger of suffering bodily harm unless the domestic animal was removed from the vehicle or exited the vehicle if certain circumstances occur. Amends the Criminal Code of 2012. Provides that a person is immune from criminal liability for damage to property and criminal trespass to vehicles resulting from his or her forcible entry into a locked vehicle and from civil liability for property damage if a child was present in the vehicle and the person had a good faith belief that the child was in imminent danger of suffering bodily harm unless the child was removed from the vehicle or exited the vehicle if certain circumstances occur. Effective immediately.
SB2313ANIMALS-COUNTY ANIMAL FUNDS (HOLMES L) **MONITOR**
Amends the Animal Control Act. Provides that ten dollars of the differential shall be placed either in a county animal population control fund (rather than or the State's Pet Population Control Fund). Provides that the dog's owner shall pay a $25 public safety fine to be deposited into the county animal control fund or the county pet population control fund (rather than $20 of which shall be deposited into the Pet Population Control Fund and $5 of which shall be retained by the county or municipality). Deletes language providing that an animal control agency shall assist and share information with the Director of Public Health in the collection of public safety fines. Provides that the owner of a biting animal must also remit a $25 public safety fine to be deposited into the county animal control fund (rather than to the Department of Public Health, for deposit into the Pet Population Control Fund). Provides that if a dog is found to be a vicious dog, the owner shall pay a $100 public safety fine to be deposited into the county animal control fund (rather than the Pet Population Control Fund). Provides that if a dog is deemed dangerous, a $50 public safety fine to be deposited into the county animal control fund (rather than the Pet Population Control Fund). Amends the Illinois Public Health and Safety Animal Population Control Act. Deletes language providing that the Director of Public Health must make an annual written report relative to the progress of the program to the President of the Senate, the Speaker of the House of Representatives, and the Governor. Makes changes to the definitions of "Director" and "Department". Effective immediately.
SB2601 ANIMALS-CIVIL LIABILITY (HARMON D) **OPPOSE**
Amends the Humane Care for Animals Act. Provides that any act of commission or omission by an approved humane investigator shall not impose civil liability upon the approved humane investigator when conducting an inspection or otherwise enforcing the provisions under this Act, unless the commission or omission is a result of willful or wanton misconduct. Provides that this immunity does not extend to the operation of a motor vehicle.
Talking Points Aainst SB2601:
1. Humane investigators are affiliated with a specific shelter which may be a conflict of interest in that the sponsoring shelter may benefit should the investigation result in the confiscation and future sale of the animals involved in the investigation.
2. Humane Investigators are required to complete a short seminar and pass a test on the Humane Care for Animals Act. They do not have the extended training of law enforcement so should not be granted the same level of immunity from civil action.
3. It is unclear if this bill seeks to also indemnify the Humane Investigators' sponsoring shelter for any acts committed by that investigator. This would be a clear conflict as there would be no responsibility from either the Humane Investigator or their sponsoring shelter to account for their actions against a dog owner.
4. This bill removes any civil protection and due process for animal owners during an investigation and would allow Humane Investigators unbridled license while performing an investigation without fear of penalty for their actions or omissions.
SB3576 CRIM CD-VICIOUS DOGS-FELONS (MCCARTER K) **MONITOR**
Amends the Criminal Code of 2012.. Provides a that person convicted of a forcible felony, a felony violation of the Humane Care for Animals Act, a felony violation of dog fighting, a felony violation of Deadly Weapons Article of the Code, a felony violation of Class 3 or higher of the Illinois Controlled Substances Act, a felony violation of Class 3 or higher of the Cannabis Control Act, or a felony violation of Class 2 or higher of the Methamphetamine Control and Community Protection Act, shall not knowingly own, possess, have custody of, or reside in a residence with any dog weighing more than 20 pounds for a period of 10 years commencing upon the release of the person from incarceration.