HB5790 100TH GENERAL ASSEMBLY

LRB100 17498 SLF 32667 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5790

Introduced , by Rep. Michael Halpin

SYNOPSIS AS INTRODUCED:

105 ILCS 5/14-6.02	from Ch. 122, par. 14-6.02
210 ILCS 125/32
215 ILCS 5/356z.29 new
510 ILCS 70/2.01c
625 ILCS 60/5
720 ILCS 5/48-8
730 ILCS 5/3-12-16

Amends the School Code, the Swimming Facility Act, the Humane Care for Animals Act, the Pedestrians with Disabilities Safety Act, the Criminal Code of 2012, and the Unified Code of Corrections. Defines "service animal" for the purposes of those Acts as an animal that has completed a formal training program for the purposes of assisting or accommodating a person's sensory, mental, physical, or psychiatric disability, including, but not limited to, a person with post-traumatic stress disorder (PTSD) or a traumatic brain injury, by performing tasks for the benefit of that person that are directly related to the person's disability. Amends the Insurance Code. Provides that an individual or group policy of accident and health insurance amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall provide coverage for the purchase of a service animal that has completed a formal training program for the purposes of assisting or accommodating a person's sensory, mental, physical, or psychiatric disability, including, but not limited to, a person with post-traumatic stress disorder (PTSD) or a traumatic brain injury, by performing tasks for the benefit of that person that are directly related to the person's disability, provided that the insured's health care provider certifies in writing that a service dog is medically necessary.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning animals.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Section 14-6.02 as follows:

(105 ILCS 5/14-6.02) (from Ch. 122, par. 14-6.02)

Sec. 14-6.02. Service animals. Service animals such as guide dogs, signal dogs or any other animal individually trained to perform tasks for the benefit of a student with a disability shall be permitted to accompany that student at all school functions, whether in or outside the classroom. For the purposes of this Section, "service animal" has the same meaning as in Section 2.01c of the Humane Care for Animals Act 48-8 of the Criminal Code of 2012.

(Source: P.A. 97-956, eff. 8-14-12; 97-1150, eff. 1-25-13.)

Section 10. The Swimming Facility Act is amended by changing Section 32 as follows:

(210 ILCS 125/32)

Sec. 32. Service animals. It is the duty of a licensee under this Act to allow the use of service animals as defined in Section 2.01c of the Humane Care for Animals Act and prescribed in 28 C.F.R. 35.104, 28 C.F.R. 35.136, 28 C.F.R. 35.139, 28 C.F.R. 36.104, 28 C.F.R. 208, and 28 C.F.R. 302(c) if the service animal has been trained to perform a specific task or work in the water and the use of such animal does not pose a direct threat to the health and safety of the patrons of the facility or the function or sanitary conditions of the facility. Any use of a licensed swimming facility by an animal other than a service animal as authorized under this Section is prohibited.

(Source: P.A. 97-957, eff. 1-1-13.)

Section 15. The Illinois Insurance Code is amended by adding Section 356z.29 as follows:

(215 ILCS 5/356z.29 new)

Sec. 356z.29. Coverage for service animal or service dog. An individual or group policy of accident and health insurance amended, delivered, issued, or renewed on or after the effective date of this amendatory Act of the 100th General Assembly shall provide coverage for the purchase of a service animal that has completed a formal training program for the purposes of assisting or accommodating a person's sensory, mental, physical, or psychiatric disability, including, but not limited to, a person with post-traumatic stress disorder (PTSD) or a traumatic brain injury, by performing tasks for the benefit of that person that are directly related to the person's disability, provided that the insured's health care provider certifies in writing that a service dog is medically necessary.

Section 20. The Humane Care for Animals Act is amended by changing Section 2.01c as follows:

(510 ILCS 70/2.01c)

Sec. 2.01c. Service animal. "Service animal" means an animal that has completed a formal training program for the purposes of assisting or accommodating a person's sensory, mental, physical, or psychiatric disability, including, but not limited to, a person with post-traumatic stress disorder (PTSD) or a traumatic brain injury, by performing tasks for the benefit of that person that are directly related to the person's disability trained in obedience and task skills to meet the needs of a person with a disability.

(Source: P.A. 99-143, eff. 7-27-15.)

Section 25. The Pedestrians with Disabilities Safety Act is amended by changing Section 5 as follows:

(625 ILCS 60/5)

Sec. 5. Definitions. For purposes of this Act:

"Mobility device" means a support cane, walker, crutches, wheelchair, scooter, or other device, which may be necessary for use by a pedestrian with a disability when traveling.

"Pedestrian with a disability" means a person with a disability, as defined by the Americans with Disabilities Act, who may require the use of a mobility device, service animal, or white cane to travel on the streets, sidewalks, highways, walkways, and walking, running, or bicycle paths of this State.

"Service animal" has the same meaning ascribed to that term in Section 2.01c of the Humane Care for Animals Act means a service animal as defined by the Code of Federal Regulations (28 CFR 36.104).

"White cane" means a cane that is predominantly white or metallic in color, with or without a red tip, that is held in an extended or raised position.

(Source: P.A. 100-76, eff. 1-1-18.)

Section 30. The Criminal Code of 2012 is amended by changing Section 48-8 as follows:

(720 ILCS 5/48-8)

Sec. 48-8. Service animal access.

(a) When a person with a physical, mental, or intellectual disability requiring the use of a service animal is accompanied by a service animal or when a trainer of a service animal is accompanied by a service animal, neither the person nor the service animal shall be denied the right of entry and use of facilities of any public place of accommodation as defined in Section 5-101 of the Illinois Human Rights Act.

For the purposes of this Section, "service animal" has the same meaning ascribed to the term in Section 2.01c of the Humane Care for Animals Act means a dog or miniature horse trained or being trained as a hearing animal, a guide animal, an assistance animal, a seizure alert animal, a mobility animal, a psychiatric service animal, an autism service animal, or an animal trained for any other physical, mental, or intellectual disability. "Service animal" includes a miniature horse that a public place of accommodation shall make reasonable accommodation so long as the public place of accommodation takes into consideration: (1) the type, size, and weight of the miniature horse and whether the facility can accommodate its features; (2) whether the handler has sufficient control of the miniature horse; (3) whether the miniature horse is housebroken; and (4) whether the miniature horse's presence in the facility compromises legitimate safety requirements necessary for operation.

(b) A person who knowingly violates this Section commits a Class C misdemeanor.

(Source: P.A. 97-1108, eff. 1-1-13; incorporates 97-956, eff. 8-14-12; 97-1150, eff. 1-25-13.)

Section 35. The Unified Code of Corrections is amended by changing Section 3-12-16 as follows:

(730 ILCS 5/3-12-16)

Sec. 3-12-16. Helping Paws Service Dog Program.

(a) In this Section:

"Person with a disability" means a person who suffers from a physical or mental impairment that substantially limits one or more major life activities.

"Program" means the Helping Paws Service Dog Program created by this Section.

"Service dog" has the same meaning ascribed to the term "service animal" in Section 2.01c of the Humane Care for Animals Act, except the animal is a dog means a dog trained in obedience and task skills to meet the needs of a person with a disability.

"Animal care professional" means a person certified to work in animal care related services, such as grooming, kenneling, and any other related fields.

"Service dog professional" means a person certified to train service dogs by an agency, organization, or school approved by the Department.

"Veteran" means an Illinois resident who is a veteran as defined in subsection (h) of Section 1491 of Title 10 of the United States Code.

(b) The Department may establish the Helping Paws Service Dog Program to train committed persons to be service dog trainers and animal care professionals. The Department shall select committed persons in various correctional institutions and facilities to participate in the Program.

(c) Priority for participation in the Program must be given to committed persons who either have a high school diploma or have passed high school equivalency testing.

(d) The Department may contract with service dog professionals to train committed persons to be certified service dog trainers. Service dog professionals shall train committed persons in dog obedience training, service dog training, and animal health care. Upon successful completion of the training, a committed person shall receive certification by an agency, organization, or school approved by the Department.

(e) The Department may designate a non-profit organization to select animals from humane societies and shelters for the purpose of being trained as service dogs and for participation in any program designed to train animal care professionals.

(f) After a dog is trained by the committed person as a service dog, a review committee consisting of an equal number of persons from the Department and the non-profit organization shall select a person with a disability or a veteran with post-traumatic stress disorder (PTSD) or depression to receive the service dog free of charge.

(g) Employees of the Department shall periodically visit persons with disabilities who have received service dogs from the Department under this Section to determine whether the needs of the persons with disabilities or veterans with post-traumatic stress disorder (PTSD) or depression have been met by the service dogs trained by committed persons.

(h) Employees of the Department shall periodically visit committed persons who have been certified as service dog trainers or animal care professionals and who have been paroled or placed on mandatory supervised release to determine whether the committed persons are using their skills as certified service dog trainers or animal care professionals.

(Source: P.A. 99-143, eff. 7-27-15; 100-384, eff. 1-1-18.)