Legislative UpdateThis update is for informational use only. The Illinois Animal Welfare Federation provides this information so that you may make informed decisions. You can review these bills and others, including their current status, at www.ilga.gov. Watch this site, our member emails, and the IAWF Facebook page for updates and alerts on how you can help the animals through legislative efforts. If you’d like input into the IAWF legislative platform, contact any board member with your ideas, issues, concerns, or comments. The animals need your help - get involved! To make your voice heard for the animals,
Don’t let bill numbers confuse you. There is a method to how bills are identified. Bills that originate in the House will have a Representative as the sponsor and will be referenced by an “HB” in front of the bill number. Similarly, bills that originate in the Senate will have a Senator as the sponsor and be referenced by an “SB” in front of the bill number. Bill numbers are assigned chronologically as they are filed. Public Acts are the result of bills passing both chambers of the General Assembly and being signed into law by the Governor. The numbers associated with a Public Act reference which General Assembly where the bill became law and a chronological number as the bill became law. For instance, PA 101-0295 below is a Public Act that became law in the 101st General Assembly and was the 295th Public Act to become law during the session. 2023 Legislation – 103rd General Assembly The General Assembly passed a number of bills that affect laws governing animals, owners, animal shelters, animal control facilities and others in 2023. Below is a synopsis of these new laws. Other proposed amendments are still alive in this General Assembly and could be acted on this coming year. Additionally, the Department of Agriculture is still considering revisions to the proposed rule changes to the Animal Welfare Act that could have serious and detrimental ramifications for animal shelters and animal control agencies. We will alert our members if and when they are adopted and published. We continue to offer input so the changes are meaningful, effective, and reasonable. Public Act 103-0011 – Dog Breed Insurance Protection Act Amends the Illinois Insurance Code. Provides that with respect to homeowner's insurance policies and renter's insurance policies issued, renewed, modified, altered, or amended on or after the effective date of the amendatory Act, no insurer shall refuse to issue or renew, cancel, charge or impose an increased premium or rate for a policy or contract, or exclude, limit, restrict, or reduce coverage under a policy or contract based solely upon harboring or owning any dog of a specific breed or mixture of breeds. Provides that an insurer may cancel or refuse to issue or renew any homeowner's or renter's insurance policy or impose a reasonably increased premium for such policy based on the determination of an individual dog as a dangerous or vicious dog under the Animal Control Act. Repeals provisions concerning claim information for a dog-related incident. Effective immediately, except that specified provisions take effect 6 months after becoming law. Public Act 103-0490 – Companion Animal – Forfeiture Adds specified offenses of the Humane Care for Animals Act for which law enforcement making an arrest may take possession of a companion animal. Adds specified offenses of the Act for which a court may order the forfeiture of an animal. Provides that upon a violation (rather than conviction) of specified offenses, the court may order the person in violation to forfeit the animal or animals that are the basis of the violation. Provides that a court may order that the person in violation and certain persons in the person's household may not own, possess, harbor, or have custody or control of any other animals for a reasonable period of time, including permanent relinquishment. Provides that a person who violates such a prohibition is subject to immediate forfeiture of any animal and subject to imprisonment for not more than 90 days, a fine of not more than $2,500, or both. Provides that the animal forfeiture provisions apply to a person who received an entry of an order for supervision for various violations of the Humane Care for Animals Act. Adds various other offenses under the Humane Care for Animals Act for which forfeiture of the animals is a consequence of violating those provisions. Effective immediately. Public Act 103-0239 – Wild Animal Public Safety Act Creates the Wild Animal Public Safety Act. Provides that notwithstanding any other provision of law to the contrary, it is unlawful for any person to allow any member of the public to come into direct contact with a bear or nonhuman primate. Defines "direct contact" as the physical contact or proximity where physical contact is possible, including, but not limited to, any proximity without a permanent physical barrier or sufficient vertical height designed to prevent physical contact between the public and the bear or nonhuman primate. Provides that a violation is a Class B misdemeanor. Provides exceptions. Provides that any law enforcement officer or peace officer employed by the State or by any county or municipality within the State may enforce the provisions of this Act. Provides that the Attorney General, or a State's Attorney of the county in which a violation of the Act occurred, may bring an action in the name of the People of the State of Illinois to enforce the provisions of the Act, and may bring an action for an injunction to restrain any actual or threatened violation. Contains a severability provision. Public Act 103-0434 – Animal Adoption – Fee Waiver Provides that an animal shelter or animal control facility shall waive the adoption fee if the person adopting the dog or cat (i) presents to the animal shelter or animal control facility a current and valid driver's license with the word "veteran" printed on its face, a current and valid Illinois Identification Card with the word "veteran" printed on its face, or a certified copy of the person's Department of Defense form DD-214 (Certificate of Release or Discharge from Active Duty) and a valid driver's license or valid Illinois Identification Card and (ii) complies with the adoption policies of the animal shelter or animal control facility. Limits the number of dogs or cats adopted under the provisions to one dog or cat each in a 2-year period (rather than each 6-month period). Provides that the identification requirement includes an identification card issued under the federal Veterans Identification Card Act of 2015 and a valid Illinois driver's license or valid Illinois Identification Card (rather than a certified copy of the person's Department of Defense form DD-214 (Certificate of Release or Discharge from Active Duty) and a valid Illinois driver's license or valid Illinois Identification Card). 2022 Legislation – 102nd General Assembly The Spring Session of the 102nd General Assembly ended without any significant animal welfare legislation passed. A number of bills were introduced but failed to move out of their respective chambers. This legislative session didn’t produce much activity due to the need to pass a budget, COVID restrictions, and Illinois’ election cycle. The IAWF anticipates that many of these bills may receive some activity during the veto session this fall or be introduced again in 2023. Additionally, the Department of Agriculture is currently considering revisions to the proposed rule changes to the Animal Welfare Act that could have serious and detrimental ramifications for animal shelters and animal control agencies. The IAWF has submitted a written response to the proposed rules and participated in a meeting to emphasis our members’ concerns. A revised version of the proposed rules has been circulated, but we are still waiting to see if/when they will be voted on. We will alert our members to them when they are published. |