Prior and Current Legislation

IL SB 1279 Dog Breed Discrimination by Insurance Companies

Sponsor(s): Senator Don Harmon

ASPCA Position: Support

Action: Ask your state senator and representative to support SB 1279

Introduced: 2-09-07

Sponsored by Senator Don Harmon, SB 1279 would prohibit discrimination against insurance applicants based on their breed of dog. This prohibition does not apply if the applicant or insured is the guardian of a dog found to be vicious under the Illinois Animal Control Act.

Federal: Urge the Pennsylvania Bureau of Dog Law Enforcement to Adopt Puppy Mill Regulations!

Bill Number: Proposed changes to the Dog Law Regulations

Primary Sponsor(s): PA Department of Agriculture and Bureau of Dog Law Enforcement

ASPCA Position: Support, with comments

Action Needed: Make the changes to the regulations even better by taking advantage of the “comment period” that’s part of this process. Print, sign and send a letter to Pennsylvania’s Dog Law Advisory Board urging them to adopt the proposed changes to the Dog Law regulations.

Send a Letter

HR 137/S 261 (the Animal Fighting Prohibition Enforcement Act of 2007) has been introduced in both the U.S. House of Representatives and the Senate. The Act seeks to increase the penalties for cockfighting and dog fighting. Similar bills introduced in 2006 were never voted on, so they died when Congress recessed for the year.

The Animal Fighting Prohibition Enforcement Act would properly penalize and hopefully deter people from engaging in these brutal “blood sports.” Dogs used in dog fighting often die of blood loss, shock, dehydration, exhaustion and infection. Some trainers train their dogs to fight using smaller animals, such as cats, rabbits or smaller dogs as bait. The presence of animal fighting in communities has been known to lead to other crimes, such as illegal gambling, carrying of illegal weapons and drug sales.

Contact your Senator/Rep

Federal:ASPCA HAILS PASSAGE OF PETS ACT

Unanimous Vote by Congress Recognizes Importance of Including Pets and Service Animals in Emergency Planning

(New York, NY) September 21, 2006 -- The ASPCA® (American Society for the Prevention of Cruelty to Animals®) today hailed the passage of the Pets Evacuation and Transportation Standards (PETS) Act, as a significant move in ensuring that the needs of those with pets and service animals are taken into account while planning for disasters and emergencies.

“I congratulate all the sponsors and co-sponsors in both Houses, who recognized the need for a bill such as the PETS Act, and who have worked tirelessly to see it come to fruition,” said Ed Sayres, president of the ASPCA. “As we at the ASPCA—and everyone else—saw during the devastation wrought by Hurricane Katrina last year, the thought of giving up or leaving behind their pets was heart wrenching for the thousands of Americans in the affected areas. On top of their emotional trauma, we also saw the compounded health and safety risks among the animals left behind, as well as the complicated human rescue efforts for those who refused to evacuate without their pets.”

The bill was passed by the House of Representatives in May and the Senate in August. Last night, the Senate amendment to the original House bill, which authorizes the Federal Emergency Management Authority (FEMA) to make financial contributions to local and state plans that factor the needs of those with pets and service animals into such planning, was unanimously approved in the House. The bill has been sent to President Bush for his signature into law.

“Now the American people know that in event of an emergency, they will not have to choose between their personal safety and that of their pets simply for lack of planning,” continued Sayres. “By passing this bill, American legislators have shown that they are listening to their constituents, and acknowledge the importance of animals in our lives and the unique nature of the human-animal bond.”

California: Governor Signs Three Important Animal Cruelty Bills!

Thanks to your efforts, three bills to protect animals have been signed by the Governor.

Senator Liz Figueroa introduced Senate Bill 1806, a bill that will make it unlawful to leave a companion animal unattended in a motor vehicle under conditions, such as extreme heat, that could endanger the health of the animal. Every year, companion animals, especially dogs, lose their lives due to extreme temperatures that arise while the animals are left unattended in parked vehicles. The tragic deaths are entirely preventable.

Senate Bill 1349 by Senator Nell Soto increases the penalty for causing any animal to fight with another animal to one year or less in the county jail or up to a $5000 fine, or both. The second offense for fighting animals or roosters can be a felony in some cases, which may result in prison time or a $25,000 fine, or both.

Senate Bill 1578 introduced by Senator Alan Lowenthal, will bill ban dog chaining as the primary means of confinement. Research has shown that chained dogs are more likely to become territorial and aggressive and nearly three times as likely to bite as unchained dogs. More than 50 children have been attacked or killed by chained dogs within the last two years in the United States.

Please send a letter to Governor Schwarzenegger today thanking him for signing these three important humane bills.

Federal: Fight Puppy Mills! Urge Your Representative to Support the Pet Animal Welfare Statute (PAWS)!

Bill No. H.R. 2669/S.1139

Primary Sponsors: H.R. 2669: Representatives Jim Gerlach (R-PA) and Sam Farr (D-CA); S. 1139:Senators Rick Santorum (R-PA) and Richard Durbin (D-IL)

ASPCA Position: Support

Action Needed: Send a letter to your representative now and urge him or her to support The Pet Animal Welfare Statute (PAWS)!

The Pet Animal Welfare Statute (PAWS, H.R. 2669/S. 1139) would amend the Animal Welfare Act to strengthen the licensure requirements for commercial dog and cat breeders. Under the current law, breeders who sell directly to the public do not have to be licensed by United States Department of Agriculture (USDA). PAWS would require any breeder who breeds more than six litters of dogs or cats and sells them at retail to be licensed. It would also require licensure for any person who sells more than 25 dogs if they were bred or raised on the premises. If these facilities are required to be licensed by the USDA, they would be legally required to comply with the standards of care set forth in the Animal Welfare Act.

Additionally, PAWS would require licensure for any retail pet store that imports dogs from outside of the United States. As there is no United States oversight of the conditions under which imported puppies are bred and raised, PAWS is critical to ensure that no health risks are present upon the sale of these puppies to the United States public. PAWS would also require all retail pet stores to keep detailed records on the source of dogs offered for sale.

Ultimately, PAWS is designed to strengthen the Animal Welfare Act and help achieve the objectives of the original legislation and the Congressional intent of the law. Contact your representative now and urge him or her to support and cosponsor H.R. 2669/S. 1139!

2005 Legislation in Illinois

ASPCA

Many humane bills to combat cruelty and improve the lives of animals
were signed into law during state legislative sessions in 2005.
Unfortunately, many anticruelty measures also died, and even worse, some
inhumane legislation was passed.

Name: Anna's Law Illinois Public Health & Safety Animal Population Control Act
Bill number: HB 315

Sponsor: Rep. Daniel Burke/Sen. Don Harmon
Action: Signed on August 22, 2005, by Governor Blagojevich
Effective: January 1, 2006

Drafted and spearheaded by the ASPCA, this bill expands the Pet
Population Control fund. Pet owners receiving food stamps and/or social
security disability insurance benefits, and feral cat caretakers are
eligible to have animals spayed/neutered & vaccinated for $15. Also,
this new legislation creates public safety fines to be deposited into
the fund in addition to a voluntary income tax check off. The bill also
makes it easier to declare dogs dangerous or vicious; it further limits
liability of municipalities or political subdivisions that allow feral
cat colonies or dog parks, veterinarians or animal shelters who contact
registered owners of microchipped animals, veterinarians who sterilize
feral cats, and animal shelter workers who microchip animals for
identification. Feral cat caretakers are not considered owners under
this progressive law.

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Name: Funding for Wildlife Rehabilitation Centers
Bill number: HB 669
Sponsor: Rep. Tom Holbrook/ Sen. William Haine
Action: Signed on August 10, 2005, by Governor Blagojevich
Effective: January 1, 2006

This bill requires 5 percent of the Illinois Wildlife Preservation Fund,
managed by the Department of Natural Resources, to be given to wildlife
rehabilitation facilities for the care of threatened or endangered
species each year. The ASPCA drafted and spearheaded the drive to pass
this humane legislation.

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Name:Pest extermination/liens
Bill number: SB 169
Sponsor: Rep. Robert Flider/ Sen. Terry Link
Action: Signed on August 12, 2005, by Governor Blagojevich

Effective: immediately
This legislation allows municipalities to exterminate pests and out
liens on private property. The ASPCA spearheaded amendments to make
sure feral cats and companion animals were not considered "pests" under
this Act.

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Name: Wildlife trapping (snares)
Bill number: HB 1486
Sponsor: Rep. Frank Mautino/ Sen. Todd Sieben
Action: Vetoed on August 12, 2005 by Governor Blagojevich

This bill would have allowed the use of snares or cable restraints on
land to indiscriminately trap animals. Land snares have been banned in
Illinois for more than 50 years. The ASPCA worked with Illinois Humane,
the Animal Protective Institute, and the Humane Society of the United
States to encourage the Governor to veto this legislation.

2003/2004 Legislation in Illinois

Name: Animal Control Act Revision

Bill number: HB 184

Sponsor(s): Sen. Don Harmon/Rep. Skip Savian

Action: Signed into law on August 19, 2003 by Gov. Rod Blagojevich

Effective: August 19, 2003

Overhauls the state's Animal Control Act: - Defines "Feral" (domesticated cat gone wild), "Dangerous Dog," and "Vicious Dog."

- Sets forth the procedures for deeming a dog "dangerous" or "vicious."
- Sets forth the appeal process for the designations of "dangerous" or "vicious" dogs.

- Owners of "vicious" dogs cannot sell or give them away without court approval.
- Owners of vicious dogs who relocate must inform the animal control administrators.

- Requires the microchipping and spaying or neutering of any dog deemed "dangerous" or "vicious."
- Requires all vicious dogs to be contained in an enclosure (definition expanded to include a locked room in a residence), which must be approved by the animal control administrator.

- Dangerous dogs can only leave the premises on a leash or other recognized control method.
- Authorizes county boards to require microchipping for all dogs or cats by ordinance.

- Requires microchipping of all reclaimed impounded dogs and cats at a county facility.
- Requires registration fee of all nonferal cats, dogs and litters.

- Requires dogs or cats adopted from animal shelters to be spayed or neutered and microchipped either prior to adoption or within 30 days of adoption.
- Provides that Animal Control may hold a low-cost microchipping clinic at least once a year with the maximum amount charged for a microchip to be $15.

- Owners of livestock killed by dogs can be reimbursed at the current market value set by the county board ordinance.
- Violation of any section of the Act is a Class C misdemeanor (increased from a petty offense); subsequent offense is a Class B misdemeanor.

- Owner of a vicious dog who fails to keep the dog in an enclosure and the dog inflicts serious physical injury on someone is guilty of a Class 4 felony (increased from a Class A misdemeanor).
If the owner knowingly allowed the dog to run at large and failed to keep it in an enclosure, it is a Class 3 felony (increased from Class 4 felony). If the owner of a dangerous dog fails to comply and the dog commits serious physical injury to a person or a companion animal, the owner is guilty of a Class A misdemeanor. If owner of dangerous dog knowingly failed to comply with an order and the dog killed a person it is a Class 4 felony.

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Name: No Court Supervision for Animal Abusers
Bill number: SB 387
Sponsor(s): Sen. Bill Haine / Rep. William Delgado
Action: Signed on July 25, 2003 by Governor Blagojevich
Effective: July 25, 2003

Amends Section 5-6-1 of the Unified Code of Corrections. Prevents courts from ordering supervision in Class A misdemeanor violations of 3.01 (Cruel Treatment), 3.03-1 (Depiction of Animal Cruelty) or 4.01 (Animal Fighting) of the Humane Care for Animals Act and Section 26-5 (Dog Fighting) of the Criminal Code. Now violators must go to jail or get probation. The violation will stay on their record.

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Name: New Veterinary Practice Act
Bill number: SB 386
Sponsor(s): Rep. Skip Saviano / Sen. Tony Munoz
Action: Signed on July 22, 2003 by Governor Blagojevich
Effective: January 1, 2004

The mandatory reporting requirements for suspected aggravated cruelty, animal torture, animal fighting or dog fighting contained in the Humane Care for Animals Act and the Criminal Code of 1961 are now contained in the Veterinary Practice Act. In addition to being charged with a misdemeanor or a felony, veterinarians who fail to report suspected violations of cruelty or animal fighting can have their licenses to practice veterinary medicine revoked.

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Name: Companion Animal Cremation Act Technical Change
Bill number: HB 176
Sponsor(s): Sen. Christine Radogno / Rep. Patti Bellock
Action: Signed on July 10, 2003 by Governor Blagojevich
Effective: January 1, 2004

This is a technical change that amends the Environmental Protection Act to make sure that deceased companion animals delivered to a provider of companion animal cremation services subject to the Companion Animal Cremation Act are not considered waste.

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Name: No Relief for Animal Abusers
Bill number: HB 569 / SB 788
Sponsor(s): Rep. Connie Howard, Sen. Barack Obama, Sen. John Cullerton, Rep. Connie Howard
Action: Signed on July 17, 2003 by Governor Blagojevich
Effective: January 1, 2004

HB 569 does not allow a certificate of relief from disabilities to be issued for licenses under the Illinois Animal Welfare Act if the offender was convicted of violating Section 3 (neglect), 3.01(cruelty), 3.02 (aggravated cruelty), 3.03 (animal torture), 3.03-1 (depiction of animal cruelty) or 4.01 (animals in entertainment) of the Humane Care for Animals Act or Section 26-5 (dog fighting) of the Criminal Code of 1961. SB 788 does not allow expungement of any Class A misdemeanor violation of the Humane Care for Animals Act or any violation of Section 26-5 (dog fighting) of the Criminal Code of 1961.

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Name: Access for Seizure-Alert Dogs
Bill number: SB 1366
Sponsor(s): Sen. Miguel del Valle / Rep. Bill Bradley
Action: Signed on August 14, 2003 by Governor Blagojevich
Effective: January 1, 2004

Amends the Guide Dog Access Act and the White Cane Law to protect the access of seizure-alert dogs or seizure-response dogs.

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Name: Real Property Forfeiture for Animal Fighters
Bill number: HB 1089
Sponsor(s): Sen. James DeLeo? / Rep. Kevin Joyce
Action: Signed on July 14, 2003 by Governor Blagojevich
Effective: July 14, 2003

Allows law enforcement officers to go after the proceeds of animal fighting through the civil forfeiture laws. Police can seize real property of animal fighters including bank accounts. Money and sale proceeds will be distributed as follows:
(a) 65 percent to the local, municipal, county or state law enforcement agency that conducted or participated in the investigation. Distributions shall bear a reasonable relationship to the degree of direct participation of the law enforcement agency in the effort.

(b) 12.5 percent shall be distributed to the State's Attorney.
(c) 12.5 percent shall be distributed to the Illinois Dept of Agriculture.

(d) 10 percent shall be retained by the state police.

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Name: Pet Trusts
Bill number: HB 1017
Sponsor(s): Sens. Don Harmon & Kirk Dillard and Rep. Terry Parke-Sara Feigenholtz
Action: Signed on March 19, 2004 by Governor Blagojevich
Effective: January 1, 2005

Allows trusts for domestic or pet animals; trust to terminate when no living animal is covered by the trust. Upon termination, the trustee shall transfer the unexpended trust property.

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Name: Swap Meets
Bill number: SB 3111
Sponsor(s): Sen. Lawrence Walsh / Rep. Dan Reitz
Action: Signed on August 20, 2004 by Governor Blagojevich

Effective: August 20, 2004

Requires swap meet organizers where animals are sold, traded or exchanged to provide the Department of Agriculture with information regarding the swamp meet at least 30 days prior to the meet and maintain records for one year after the swamp meet is held. Records must include information on the kind of animals present and information on the transfer of animals that takes place during the swap meet.

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Name: Dog & Cat Overpopulation Control Act
Bill number: SB 2612
Sponsor(s): Senators Don Harmon, Adeline Geo-Karis
Action: Died in Agriculture Committee
Effective: N/A

Modeled on a successful program established 10 years ago in New Hampshire, this legislation would have provided $4.1 million in funding for low-cost sterilization of pets of Illinois residents who receive food stamps or are disabled. The money for low-cost spays and neuters would have been generated through a small surcharge on dog and cat registration fees. Died largely because of opposition from the Illinois State Veterinary Medical Society.

2002 Legislation in Illinois

January 22, 2002 Governor Ryan Signs House Bill 61

Pet Overpopulation Control Fund for the Humane Sterilization of Dogs and Cats

Governor George H. Ryan today signed House Bill 61, creating the Pet Overpopulation Control Fund to provide grants to nonprofit, tax-exempt humane societies for the humane sterilization of dogs and cats in the state.

“It’s a sad fact that there are more dogs and cats in need of homes in Illinois than there are places for them,” Gov. Ryan said. “Unfortunately, there will probably always be animals without a loving home, but this bill will ensure that number is much smaller in the future.”

Effective June 1, 2002, House Bill 61 will amend the State Finance Act and Vehicle Code, authorizing the Secretary of State to create a new “Pet Friendly” license plate. Through the creation of these special plates, House Bill 61 creates a revenue source to help Illinois’ humane societies ensure the sterilization of animals in Illinois at minimal to no cost to the state.

The bill originated out of the efforts of the American Society for the Prevention of Cruelty to Animals (ASPCA) to prevent pet overpopulation. According to the ASPCA, last year in Chicago alone 36,000 dogs and cats were euthanized because of the increasingly large population. House Bill 61 is intended to save counties and municipalities money by reducing the number of unwanted animals, and the likelihood of spreading diseases such as rabies.

Money from the Pet Overpopulation Control Fund will be paid, subject to General Assembly appropriation and approval by the Secretary of State, as grants to humane societies which are exempt from federal income taxation. The Secretary of State shall consider recommendations for grants made by a volunteer board consisting of 5 Illinois residents who are officers or directors of humane societies in different regions of the state.

Illinois now joins fifteen other states across the country that have passed laws creating specialized license plates to provide funding for animal sterilization programs. New Jersey offers similar license plates and has raised approximately $2 million for the state’s Pet Overpopulation Program.

HB 61 was sponsored in the House by Representatives Sara Feigenholtz, (D-Chicago); Jay Hoffman, (D-Collinsville); William Black, (R-Danville); Cynthia Soto, (D-Chicago); Thomas Dart, (D-Chicago); and in the Senate by Senators Kirk Dillard, (R-Hinsdale); Lawrence Walsh, (D-Elwood); Christine Radogno, (R-LaGrange); Judith Myers, (R-Danville) and Adeline J. Geo-Karis, (R-Zion).