2011 Legislation

HB 1080 ANIMAL CONTROL-VICIOUS BREEDS  OPPOSES
Filed with the Clerk by Rep. John E. Bradley 2/3/2011
Amends the Animal Control Act. Removes the ban on classifying vicious dogs based on breed. Effective immediately
Talking Points

• Breed Specific Laws in other cities, counties and states have proven to be ineffective in reducing the number and severity of dog bite incidents. In many locations these laws have been repealed. *
  
•  HB1080 Does not address the underlying problem of irresponsible ownership. 
  
•  If passed, HB1080 would unfairly target responsible owners and their dogs. 
  
•  The bill is difficult to enforce as it requires that employees in Animal Control have expert knowledge of individual breeds. How will mixed breed dogs be classified?
  
•  HB1080 will cause increased costs to the community as owners unable to comply with the law will abandon or relinquish their dogs to Animal Control. This will also increase the euthanasia rates at shelters throughout the state. 
  
•  Many Breed Specific laws have been overturned as they have been deemed unconstitutionally vague. 
  
•  If enacted, a dog whose only sin is to be born a certain breed will be automatically deemed vicious and may have to pay with its life. 
  
•  Disabled owners who utilize a breed that may be targeted as vicious or banned may have to give up the dog that enables them to live a more normal, independent life. 
  

HB1166 HUMANE CARE-ANIMAL HOARDING OPPOSE
Filed with the Clerk by Rep. Patrick J. Verschoore (D) and Vice Chrm of Agriculture and Conservation Committee of Rock Island  2/8/2011

Amends the Humane Care for Animals Act. Provides that the definition of a "companion animal hoarder" means a person who is in possession of 7 or more companion animals in addition to other requirements. Amends the Animal Control Act. Provides that a person must obtain a permit from the Board to possess 7 or more companion animals. Provides that a failure to receive a permit for the possession of 7 or more companion animals is a violation and a person is guilty of a Class B misdemeanor and a second or subsequent violation is a Class 4 felony with every day that a violation continues constituting a separate offense.
Talking Points

•  Number of companions animals used is an arbitrary number of 7 and does not take into consideration the care and well-being of the animals. 
  
•  Under current Illinois law, a companion animal is defined as any animal commonly kept as a pet. This includes fish, hamsters, dogs, cats, birds, rabbits, ferrets, and horses. Any combination of animals unfairly labels someone a hoarder. 
  
•  Under HB1166 a person owning 7 companion animals is either defined as a "licensed hoarder" or a "criminal hoarder". 
  
•  Already overburdened Animal Controls will be busy issuing "hoarding licenses" and not have the time or resources to devote to true animal welfare issues. 
  

HB0240  HUMANE CARE ANIMAL-CRUEL EXCEP OPPOSE
filed by Rep Holbrook (D) of Belleville 1/21/2011
Amends the Illinois Humane Care for Animals Act. Provides that is not a violation of the cruel treatment provision of the Humane Care for Animals Act to trap, neuter or spay, vaccinate, and release or return an animal to the animal's original habitat by a caretaker to reduce the number of stray animals. Effective immediately.

Talking Points

• The use of the word "animal" in the new language necessarily includes ALL animals, both domestic and wild. 
  
•  In addition, it uses the word "caretaker", which has no formal definition listed in current law. 
  
•  This language is in direct conflict with the Illinois Animal Control Act, which explicitly defines dangerous dogs as: (510 ILCS 5/2.17c) Sec. 2.17c. "Potentially dangerous dog" means a dog that is unsupervised and found running at large with 3 or more other dogs. 
  
•  The owner of an animal that has been taken, vaccinated and altered is not given any recourse to prove the animal was abandoned and is denied legal remedy to address the taking of owned property. 
  
•  The new language does not impose any duty on the "caretaker" to check for animal ownership and make an effort to locate the owner of the animal. 
  
•  The language notes that one intent is to reduce the number of stray animals; however, the animal is to be returned to the animal's original habitat, essentially making it a stray again. 
  

HB1247 ANIMALS-DOGS-TETHERING  OPPOSE
Filed with the Clerk by Rep. Michael J. Zalewski(D) of Summit 2/8/2011

Amends the Humane Care for Animals Act. Provides that certain requirements must be met in order for an owner to lawfully tether a dog outdoors. Creates certain exemptions from that requirement. Provides penalties for violations.
Talking Points

•  Unfairly targets low income, elderly, those living in multiple housing, and people living in neighborhoods where fencing is not allowed. 
  
•  Enforcement of the 10:00pm – 6:00am fifteen minute rule is difficult to enforce. No Animal Control Agency works overnight hours. 
  
•  Protection of tethered animals is already covered under the current Humane Care for Animals Act. 
  
•  Unfairly targets a standard method of restraint without taking into consideration the tethered animal's health and well being. 
  
•  Utilizes neighbor against neighbor means to report potential violations.
  
•  Would increase the number of animals relinquished to shelters and ultimately euthanized. 
  
•  Proper tethering allows an animal an increased area to move around.. 
  

HB1147  ANIMALS-INVESTIGATORS  OPPOSE
Filed with the Clerk by Rep. Dan Brady (R) of Bloomington 2/7/2011
Amends the Humane Care for Animals Act. Provides that, upon being furnished with a notice of violation, a violator may not, without the written consent of an investigator or law enforcement official, intentionally relocate an animal from the property where the violator resides or the property where the violation occurred, unless (i) doing so is necessary to render veterinary care to the animal or to protect the animal from an imminent disaster or emergency or (ii) the case against the violator has been closed. Defines "relocate an animal". Authorizes Department investigators and approved humane investigators to seek compensation from a violator for medical expenses incurred as a result of the investigation of a founded complaint. Provides that, once an animal is the subject of a notice of violation or impoundment, the violator or individual caring for the animal that is the subject of the notice must, until the closure of the case, present the animal to any investigator or law enforcement official who, in the course of conducting the investigation, deems it necessary to examine the animal. Creates penalties for violations. Amends the Criminal Code of 1961. Makes it an aggravated assault if a person, when committing an assault, knows the individual assaulted to be an investigator of the Department of Agriculture or an approved humane investigator. Makes it an aggravated battery if a person, when committing a battery, knows the individual harmed to be an investigator of the Department of Agriculture or an approved humane investigator. Effective immediately.

TALKING POINTS FOR HB 1147

•  Will the prohibition of moving an animal once a notice of violation is served apply only to violations concerning care and condition of animals or include paperwork violations?
  
• If the animal is owned by another party they should be able to reclaim the animal to render care. Investigators can use veterinary reports, photos, videos and written descriptions if the violation concerns the care of the animal. 
  
•  Department investigators should already be covered by departmental insurance and workman's compensation, approved humane investigators may be covered by the entity they are associated with while they serve as humane investigators. This language opens up multiple opportunities for misuse.
  

HB1437  WILDLIFE-PROTECTED SPECIES
Filed with the Clerk by Rep. Lisa M. Dugan (D) of Kankakee on 2/9/201
1
Amends the Wildlife Code. Provides for the protection of a variety of wild birds, parts of wild birds, and other mammals. Provides that the Department may prohibit or limit the importation, possession, release into the wild, take, commercialization of take, sale, and propagation of wild mammals, wild birds, and feral livestock that are not defined as protected species to reduce risks of communicable diseases, nuisances, and damages to wild or domestic species, agricultural crops, property, and environment. Provides that the Department shall set forth applicable regulations in an administrative rule. Provides that it shall be unlawful to release from captivity any live bird or mammal, either indigenous or non-indigenous in this State and that is ordinarily considered a wildlife species without securing written permission from the Department prior to release. Makes changes to the definitions of "wild" and "wildlife". Makes other changes. Makes corresponding changes to the exemption provisions of the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Effective immediately.

HB1697  ANIMALS--BOVINE TAIL DOCKING IFDCO
Board Recommends Oppose

Filed with the Clerk by Rep. Sara Feigenholtz (D) of Chicago 2/16
Amends the Veterinary Medicine and Surgery Practice Act of 2004. Removes language allowing an owner of livestock and any of the owner's employees or the owner and employees of a service and care provider of livestock caring for and treating livestock belonging to the owner or under a provider's care to dock cattle, horses, sheep, goats, and swine. Amends the Humane Care for Animals Act. Provides that no person may dock or hire any other person to dock the tail of any living member of the bovine species. Provides that any person who violates this provision is guilty of a Class C misdemeanor and must pay a fine not to exceed $500. Authorizes licensed veterinarians to dock tails if doing so is necessary to protect the health of the animal. Defines "dock".
Talking Points

• This bill removes Bovine Tail Docking from the list of "husbandry and livestock management practices" which may be performed by the animal owner or his employees for cattle; bovine tail docking could only be performed by a veterinarian "to protect the health of the animal". 
  
• While bovine tail docking is only infrequently performed, if even that, allowing restrictions on tail docking for cattle would provide a "slippery slope" towards the passage of laws restricting or even criminalizing tail docking in other livestock and "companion animal" species, including dogs.
  

HB0073 STATE GOVERNMENT-TECH
Prefiled with Clerk by Rep. Lou Lang (D) of Skokie 1/12/2011
Amends the Department of Public Health Act. Makes a technical change in a Section concerning the powers of the Department.

HB0087 JUV CT-MINOR-DETENTION AGE
Prefiled with Clerk by Rep. Annazette Collins (D) of Chicago  1/12/2011
Amends the Juvenile Court Act of 1987. Increases the minimum age at which an alleged delinquent minor may be placed in a detention facility from 10 years of age to 13 years of age.

HB0006 WILDLIFE CODE-MUSKRAT HUNTING
Prefiled with Clerk by Rep. John D. Cavaletto (R) of Salem on12/28/2010Amends the Wildlife Code. Provides that muskrats  may be hunted at any time by gun. Permits muskrats to be taken by trap  during an open season to be set annually by the Director of Natural  Resources. Provides that it is lawful to shoot a .22 caliber rifle into  the waters of this State when taking muskrats. Effective immediately.

HB1001  HUMAN RIGHTS-TECH
Filed with the Clerk by Rep Michael Madigan (D) of Chicago 1/21/2011Amends the White Cane Law. Makes a technical change in a Section concerning the rights of the blind and others

HB0842 ANIMALS-TECH
Filed with the Clerk by Rep Michael Madigan (D) of Chicago 1/21/2011
Amends the Animal Control Act. Makes a technical change in a Section concerning rabies inoculation

HB0415 STATE GOVERNMENT-TECH
Filed with the Clerk by Rep. Michael J. Madigan (D) 1/31/201
Amends the Department of Public Health Act. Makes a technical change in a Section concerning the powers of the Department.

HB0841 ANIMALS-TECH
Filed with the Clerk by Rep. Michael J. Madigan (D) of Chicago 1/31/2011Amends the Animal Control Act. Makes a technical change in a Section concerning rabies inoculations

HB0840 ANIMALS-TECH
Filed with the Clerk by Rep. Michael J. Madigan (D) of Chicago 1/31/2011Amends the Animal Control Act. Makes a technical change in a Section concerning rabies inoculations

HB1078 POLICE CANINE BOARD
Filed with the Clerk by Rep. Jim Durkin (R) of LaGrange 2/3/2011
Creates the Illinois Police Canine Certification Act. Creates the Illinois Police Canine Certification Board. Sets forth the membership of the Board. Provides that the Board shall establish requirements for certification of police canines used by law enforcement agencies within the State. Provides that the requirements shall be adopted by the Illinois Law Enforcement Training and Standards Board. Provides that each law enforcement agency that uses police canines shall comply with the certification requirements within 12 months after the adoption of the requirements. Amends the Department of State Police Law to provide that the Department of State Police shall provide administrative support to the Board. Effective immediately.

  SB 1531 MUNI CD-TIF EXTEND-BENSENVILLE 
Senate Sponsors Sen. Don Harmon(D) - Carole Pankau(R)
House Sponsors Rep. John E. Bradley (D)

Replaces everything after the enacting clause. Amends the Animal Control Act. Creates a definition for "proof of ownership" and for "proof of caretaking". Provides that when dogs or cats are apprehended and impounded, they must be scanned for the presence of a microchip and cannot be adopted, moved, or euthanized without a second scanning. Provides that when a microchip or other identification is present in any companion animal, licensees under the Animal Welfare Act and veterinarians shall provide the owner's contact information on request. Provides that if a dog is found to be vicious at the hearing conducted under the Act and the ownership or possession of a dog by the person would create a significant threat to the public health, safety, and welfare, then the owner of a dog determined to be vicious dog may be prohibited from owning, possessing, controlling, or having custody of any dog for a period of up to 3 years. Makes other changes concerning vicious dogs. Makes changes concerning criminal penalties and fines for violations of the Act. Creates a provision that no person may own or reside with a dog if the person has been convicted of specific violations. Creates a provision that 3 years after the conviction of a person that prohibits a person from owning a dog, the person may request the Administrator to review the prohibition. Makes other changes. Makes corresponding changes in the Animal Welfare Act.

SB 1637 ANIMALS-IDENTIFICATION SCAN IFDCO INITIATIVE SUPPORTS----Signed into law bt the Governor
Filed with Secretary by Sen. Pamela J. Althoff (R) of Crystal Lake
Amends the Animal Control Act. Provides that when dogs or cats are impounded, they must be scanned using a universal scanner and be examined for all other currently acceptable methods of identification within 24 hours of intake of each animal. Provides that a mailed notice shall remain the primary means of contacting an owner of an impounded dog or cat; however, the Administrator shall also attempt to contact the owner by any other contact information provided, such as a telephone number or email address. Provides that any impounded animal be held for a minimum of 7 business days to allow reclamation by an owner, agent, or caretaker. Provides that if an animal has been microchipped and the owner on the chip cannot be located or refuses to reclaim the animal, attempt should be made to contact the previous owner named on the chip, as well as the agency or individual who purchased the chip, prior to euthanizing, transferring, or adoption. Provides that prior to euthanizing or transferring an animal, the animal shall be rescanned using a universal scanner, for the presence of a microchip and, if a microchip cannot be detected, examined for all other currently acceptable methods of identification, including, but not limited to, identification tags, tattoos, and rabies license tag. Provides for the prioritization of intake of animals from within the State prior to animals from outside the State. Effective January 1, 2012

Talking Points

• Requiring Animal Control to scan or check for other identification a second time prior to euthanasia, adoption or transfer, would increase the chances of an animal being returned it's owner.
  
• Requiring Animal Control to contact primary, secondary and/ or original implanter of chip, would allow for a greater chance of an animal being reunited with its owner or person/shelter wishing to take responsibility for the animal -thus reducing burden on animal control..
  

SB0065  HUMANE CARE ANIMAL-CRUEL EXCEP OPPOSE
Filed with Secretary by Sen. Ira I. Silverstein (D) Majority Caucus Whip of Chicago
Amends the Humane Care for Animals Act. Provides that it is not a violation under the cruel treatment provision of the Humane Care for Animals Act for caretakers or rescue groups to trap, neuter or spay, vaccinate, and release a companion animal back to the animal's original habitat for the sole purpose of preventing future litters.litters

Talking Points

This bill uses the term "companion animal", which includes, which includes cats, dogs and horses. 

• Language has no definition of the terms "caretaker" or “rescue group”. 
  
• It negates the rights of companion animal owners in that their animals may be trapped and altered by a "caretaker" or “rescue group” without their knowledge or consent and without due process of law to protect their property rights. 
  
•  The bill opens up a legal opportunity for neighbors to trap or capture another neighbor's dog, cat or horse and have it altered without the owner's knowledge or consent. 
  
•  This language is in direct conflict with the Illinois Animal Control Act, which explicitly defines dangerous dogs as: (510 ILCS 5/2.17c) Sec. 2.17c. "Potentially dangerous dog" means a dog that is unsupervised and found running at large with 3 or more other dogs. 
  
•  The video of the dogs in question in East St. Louis showed one with a serious injury to the front paw. If this dog were in the care of a breeder or other owner they would be subject to cruelty charges.
  

SB 1840 ANIMAL WELFARE-PET SHOPS  Oppose

Filed with Secretary by Sen. Linda Holmes (D) of Plainfield on 2/9/2011
Amends the Animal Welfare Act. Provides that a pet shop shall charge a $15 fee for each dog and cat sold.
Talking Points

•  The $15 per pet fee for each pet sold from a pet store would be sent to the "Illinois Pet Population Control Fund." There is no reason to assume that a pet purchased from a pet shop would add to any state "Illinois pet population problem", even if such a problem exists in certain areas of the state. There is no basis to assume that a person who purchases a purpose-bred pet from a pet shop is any more or less responsible than anyone else, and therefore retailers who act as sources of these pets should not be targeted by any increased fees. 
  
•  If there are areas in IL where a "pet overpopulation problem" does exist due to unwanted litters from irresponsible pet ownership, this is best handled by enforcement of local leash laws and other ordinances that would serve to prevent dogs from "running at large". (A partial portion of the "running at large" fines in the current Illinois Animal Control Act does go to support the Illinois Pet Population Control Fund, which is more appropriate, since owners of "running at large" dogs are the truly irresponsible owners who do contribute to any local overpopulation problem.)
  
•  We already have a section in the Illinois Animal Control Act which calls for spay/neuter upon second impoundment; enforcement of this provision would serve to prevent any unwanted litters from being produced by anyone who allows their intact pet to repeatedly run at large, not just those who purchase pets from a pet shop.
  
• 4. Pet ownership in Illinois, especially purchase of purpose-bred pets, should be encouraged, and not further restricted.
  

SB1367  ANIMALS-TECH
Filed with Secretary by Sen. Il change in a Section concerning rabies inoculations