2013 Legislation

 The 2013 Legislative year is now underway .  Hearings are posted throughout the week, and the link to the committee will bring you to the names of committee members.  Please check back often for scheduled hearings and other updates on bills filed. Links will take visitors to the State of Illinois pages on the particular bills. 

HB3336   PET ADOPTION CREDIT - OPPOSED
Status: filed

IFDCO OPPOSES FOR THESE REASONS

Illinois simply cannot allow the loss of tax revenues that would result with passage of this bill. 

Unfairly discriminates against breeders, pet stores and other retail pet sellers. 

Through encouraging shelter adoptions instead of private sales, loss of these private sales in favor of shelter adoptions would be an even further reduction of tax revenues for Illinois, since many of these private entities pay retail tax and/or income tax on these sales.  

Would encourage additional transport of homeless dogs and cats into Illinois from other states to meet the additional demands for adoptable pets. Since Illinois, regulations are somewhat lax concerning importation of pets for shelter adoptions at present, increasing the numbers of imported pets might place at risk human public health, as well as increased risk of spread contagious diseases to Illinois pets.


HB2924  ANIMAL ADOPTION-DISCLOSURES OPPOSE
filed Feb 25 Filed with the Clerk by Rep. Laura Fine (D) Glenview
Amends the Animal Welfare Act. Defines "animal", "animal rescue group", "kill shelter", "no kill", "guardian", "pet", "biological supply facility", and "medical necessity". Requires certain disclosures to be made by animal shelters, animal control facilities, and animal rescue groups. Provides that any guardian who has brought his or her pet to an animal shelter, animal control facility, or animal rescue group may redeem the pet if the animal shelter, animal control facility, or animal rescue group decides that the pet is not adoptable and shall be put down for reasons other than medical necessity. Authorizes the Department of Agriculture to issue fines for violation of the Act. Provides that injunctive relief shall be available to correct violations of the Act. Classifies individuals with standing to bring a civil suit against animal shelters, animal control facilities, and animal rescue groups and provides that a pet owner, guardian, or person who is successful in obtaining a judgment or a settlement shall be entitled to reasonable attorney's fees. Makes corresponding changes to provisions concerning licensing of certain animal businesses; adoption of dogs and cats; release of animals to shelters; and information on dogs and cats available for adoption by an animal shelter or animal control facility.

Reasons IFDCO OPPOSES  HB2924 AMENDMENT 2
Improving statistical reporting from animal control facilities, shelters and rescues would benefit everyone involved in animal rescue so that accurate numbers of animals handled are noted instead of estimates.  Reporting methods in the bill do not address this issue.  

• The disclosures in the bill do not address the information that Illinois needs, which is the number of animals entering from out of state or other countries, interstate and intrastate transfers, euthanasia numbers of owner requested euthanasia and defined categories of the reasons for euthanasia.  These numbers will better identify exactly what is happening with animals in Illinois shelters and animal control facilities.
  
• Refusal to adopt or transfer a dog or cat can ONLY be done if the animal control facility, shelter or rescue is completely absolved of any liability with regard to the health or temperament of the animal in question.
  
•  Contacting the former owner two days before an animal is to be euthanized does not address the possibility of the animal becoming ill or an existing illness being exacerbated while at the shelter.  A sick animal should either receive prompt veterinary treatment or be euthanized if the illness cannot be addressed so as to avoid undue suffering.
  
•  There is no provision for an animal control facility, shelter or rescue to have any right to appeal an action against them.  There is no provision for dispersal of animals should a facility be closed.
  

HB1198 CNTY CD-ZONING-SPECIAL USES Monitoring
filed on Jan 31 by Rep Joe Sosnowski (R) Rockford
Amends the Counties Code. Provides that a special use may be passed at a county board meeting by a simple majority of the elected county board members, unless requirements for a written protest against the proposed special use are met. Further provides that in those cases, a vote of three-fourths of all the members of the county board is required. Sets forth requirements concerning the written protest. Effective immediately.

HB1216 CRIM CD-TRESPASS Monitoring
Filed  Jan 31 with the Clerk by Rep. John D. Cavaletto(R) Salem
Amends the Criminal Code of 2012. Exempts from a violation of criminal trespass to real property a person who enters the land of another for the purpose of retrieving a dog used for hunting purposes if the person enters the land on foot and without a firearm and after retrieving the dog, the person immediately leaves the land of the other person. Effective immediately

HB 2356 DEAD ANIMAL DISPOSAL ACT Monitoring
Feb 9 Filed with the Clerk by Rep. Frank J. Mautino (D) Spring Valley
Amends the Illinois Dead Animal Disposal Act. Removes references to "used cooking grease and oils". Provides that fees under the Act shall be set forth in administrative rules. Provides that the Department of Agriculture of the State of Illinois may refuse to issue or renew, or may suspend or revoke, a license or vehicle permit for failure to pay any fine or fee owed the Department. Makes other changes. Effective immediately.

HB83ANIMALS-DOGS-TETHERING - Neutral
 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. Defines "tether".

HB2578 ANIMALS-TECH  Monitoring
Feb 21 Filed with the Clerk by Rep. Daniel J. Burke (D) Chicago
Amends the Illinois Brand Act. Makes a technical change in a Section concerning the short title.

HB2699 ANIMALS-BOVINE TAIL DOCKING OPPOSE
Feb 21 Filed with the Clerk by Rep. Robert Rita (D) Blue Island
Amends the Humane Care for Animals Act. Provides that no person shall dock the tail of any cattle or procure the same to be done, except under certain conditions. Provides that any person who violates the provision is guilty of a Class C misdemeanor and shall pay a fine not to exceed $500 for each animal whose tail was docked. Amends the Veterinary Medicine and Surgery Practice Act of 2004 to make corresponding changes. Effective immediately.

Reasons IFDCO OPPOSES

• Under this bill, bovine tail docking could only be performed by a veterinarian "for a therapeutic purpose", to treat a sick or injured animal, where that treatment is deemed “medically necessary” by a veterinarian.
  
•     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 for additional livestock and "companion animal" species, including dogs.
  

HB3284 CRIM CD-PUBLIC NUISANCE OPPOSE
Feb 26 Filed with the Clerk by Rep. Elgie R. Sims, Jr. (D) Chicago
Amends the Criminal Code of 2012. Provides that any building used in animal fighting is a public nuisance and may be abated. Provides for the seizure and forfeiture of vessels, vehicles, and aircraft used with the knowledge and consent of the owner in the commission of animal fighting. Provides that in those cases the court may order the sheriff of the county in which the public nuisance occurred to padlock the property and impound any vessels, vehicles, or aircraft located on the property.

IFDCO Opposes for these reasons:

Under this bill, a temporary restraining order could be obtained by a Sheriff to padlock a building and remove any vehicles, vessels, or aircraft found there, if an affidavit was presented to the Court that the building was used in the commission of criminal activity under Illinois Criminal Code 48-1 (Dog Fighting) and/or violation under the Illinois Humane Code for Animals Act Section 4.01 (Animals in Entertainment.)  Should an individual, not necessarily the owner of the property, be convicted of any of these crimes where such a building might have been used in the commission of the crime, the owners of such property, and any vehicle, boat, or aircraft located on or in it, would be permanently enjoined from its use.

• The rightful owner of the property would be enjoined from legal use of his/her property even before the guilt or innocence of those charged under these statutes is adjudicated in Court. The rightful owner of the property does not have to be charged with any crime to lose rights to use and enjoyment of his/her property.
  
• It is very possible that the rightful owner of this property did not give permission for the property’s use in this respect, and may not even have had knowledge of such activity, yet he or she would still lose the legal right to his/her property for an indefinite period of time.
  
• It is also very possible that the person charged with the crime will be found innocent, yet still the rightful owner would still lose use of his/her property until the decision is rendered, and would be forced to petition the Court for its return after the defendant is declared innocent by the Court.
  
• With regards to real property, entire families, including infants, pregnant women, the elderly and the disabled, may lose use of their residential dwelling even before the case is heard in court, and have nowhere to turn except for homeless shelters. This would be a great injustice to innocent people who had no knowledge of, or participation in, such activities, and would cause grave harm to innocent individuals, such as children and the elderly, even to endangering their lives. It would also prove a tremendous burden on both private and public social service agencies of the community where this action took place.
  
• The standard of guilt for asset forfeiture laws such as contained in this bill (here, only affidavit or sworn evidence would be needed) is considerably lower than that used in a criminal trial.
  
• Upon conviction, such property declared used in Criminal Code 48-1 or Humane Care for Animals Act 40.1 would remain under the custody of the Sheriff, who could sell it at value, permanently depriving the true owners of its rightful use. This also presents a conflict of interest should property of any value be sold, since the proceeds of the sale would belong to the Sheriff, the same law enforcement official who may have begun the proceedings against the property’s owners.
  

HB 3361  ANIMALS-TECH  MONITORING
Feb 26 Filed with the Clerk by Rep. Patrick J. Verschoore (D) Rock Island
Amends the Illinois Brand Act. Makes a technical change in a Section concerning the short title.

HB 3388 ANIMAL FIGHTING AWARENESS  MONITORING
Feb 26 Filed with the Clerk by Rep. La Shawn K. Ford (D) Chicago
Amends the Illinois Police Training Act. Provides for a training program in animal fighting awareness and humane response for law enforcement officers. Provides that the purpose of the training is to equip law enforcement officers to identify animal fighting operations and respond appropriately.

HB1405 COUNTIES-SPECIAL FUNDS Monitoring
Filed Feb 6 Filed with the Clerk by Rep. John E. Bradley (D) Marion
Amends the Counties Code. Provides that in a county that maintains a countywide map through a Geographic Information System (GIS), a charge may be added to specified filing fees in order to defray the cost of providing automated access, in addition to electronic access, to the county's GIS or property records (now, records). Amends the Tuberculosis Sanitarium District Act. Provides that upon dissolution of the Suburban Cook County Tuberculosis Sanitarium District, monetary assets of the District deposited into a special fund may be used for the prevention, care, treatment, and control of tuberculosis and other communicable diseases in or associated with suburban Cook County. Amends the Animal Control Act. Provides that amounts from the Animal Control Fund may be used to aid in costs incurred for enforcement of the Act or any county or municipal ordinance relating to public health and public nuisances, in addition to animal control. Effective immediately.

HB 1581 ANIMALS IN LAP WHILE DRIVING Monitoring
filed Feb 13 with the Clerk by Rep. Daniel V. Beiser (D) Alton
Amends the Illinois Vehicle Code. Creates a new violation for drivers that operate a motor vehicles while holding an animal in their lap. Makes violating this Section a petty offense with a fine not to exceed $25. Prevents law enforcement officers from stopping or searching vehicles for violations or suspected violations of this Section.




HB2991 LION MEAT ACT- Monitoring
  -   Creates the Lion Meat Act. Provides that it is unlawful for any person to slaughter a lion or for any person to possess, breed, import or export from this State, buy, or sell lions for the purpose of slaughter. Provides that it is unlawful to commercialize lion meat. Authorizes the Department of Agriculture to adopt and enforce any rules necessary to carry out the provisions of the Act. Provides that whoever violates any provision of the Act shall be guilty of a Class A misdemeanor. Effective immediately.

The 2013 Legislative year is now underway .  Hearings are posted throughout the week, and the link to the committee will bring you to the names of committee members.  Please check back often for scheduled hearings and other updates on bills filed. Links will take visitors to the State of Illinois pages on the particular bills. 

SB1639   PUPPY LEMON LAW – NEUTRAL.


IFDCO feels Amendment 3 addresses the most problematic portions of the bill; however, IFDCO continues to feel that the issue of disease reporting should apply to shelters and encourages those with concerns to contact the ag committee with their concerns.


SB1532 (AMENDMENT 20 FALSE COMPLAINTS. NEUTRAL
Status: Passed out of Senate; goes to House.

SB1204 – Counties-Special Funds  Monitoring
passed out of committee on Feb-now to Senate Floor
Jan 30 Filed with Secretary by Sen. Don Harmon (D) Oak Park
Amends the Counties Code. Provides that in a county that maintains a countywide map through a Geographic Information System (GIS), a charge may be added to specified filing fees in order to defray the cost of providing automated access, in addition to electronic access, to the county's GIS or property records (now, records). Amends the Tuberculosis Sanitarium District Act. Provides that upon dissolution of the Suburban Cook County Tuberculosis Sanitarium District, monetary assets of the District deposited into a special fund may be used for the prevention, care, treatment, and control of tuberculosis and other communicable diseases in or associated with suburban Cook County. Amends the Animal Control Act. Provides that amounts from the Animal Control Fund may be used to aid in costs incurred for enforcement of the Act or any county or municipal ordinance relating to public health and public nuisances, in addition to animal control. Effective immediately.


HB2991 LION MEAT ACT- Monitoring
  -   Creates the Lion Meat Act. Provides that it is unlawful for any person to slaughter a lion or for any person to possess, breed, import or export from this State, buy, or sell lions for the purpose of slaughter. Provides that it is unlawful to commercialize lion meat. Authorizes the Department of Agriculture to adopt and enforce any rules necessary to carry out the provisions of the Act. Provides that whoever violates any provision of the Act shall be guilty of a Class A misdemeanor. Effective immediately.