102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3728
 
Introduced 2/22/2021, by Rep. Tom Demmer
 
SYNOPSIS AS INTRODUCED:
 

 
New Act

     Creates the Local Working Animal Protection Act. Defines "working animal". Provides that the right to utilize working animals for the benefit and welfare of the animals or those they serve is guaranteed. Provides that no ordinance or rule shall be enacted by a unit of local government, including a home rule unit, that terminates, bans, effectively bans, or creates an undue financial hardship relating to the job or use of working animals or animal enterprise in commerce, service, legal hunting, agriculture, husbandry, transportation, or ranching, including, but not limited to, entertainment, education, or exhibition. Provides that the Act does not: alter State law or rules that regulate animal care, public health, or public safety; or prevent the establishment of or alteration of ordinances or rules by a unit of local government regarding animal care, public health, or public safety. Provides that if a unit of local government has an ordinance or rule that conflicts with the Act, the Act controls. Limits home rule powers.
  


LRB102 13921 AWJ 19272 b

HOME RULE NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB3728LRB102 13921 AWJ 19272 b


  
1    AN ACT concerning local government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
4    Section 1. Short title. This Act may be cited as the Local 
5Working Animal Protection Act.
 
6    Section 5. Definition.  As used in this Act, "working 
7animal" means a non-human animal used for the purpose of 
8performing a specific duty or function in commerce or animal 
9enterprise, including, but not limited to, human service, 
10transportation, education, competition, or exhibition.


 
11    Section 10. Working animal regulation.  Notwithstanding any 
12other provision of law to the contrary, the right to utilize 
13working animals for the benefit and welfare of the animals or 
14those they serve is guaranteed. No ordinance or rule shall be 
15enacted by a unit of local government, including a home rule 
16unit, that terminates, bans, effectively bans, or creates an 
17undue financial hardship relating to the job or use of working 
18animals or animal enterprise in commerce, service, legal 
19hunting, agriculture, husbandry, transportation, ranching, 
20entertainment, education, or exhibition.
 
21    Section 15. Limitations.
 
 
 
HB3728- 2 -LRB102 13921 AWJ 19272 b

1    (a) Nothing in this Act alters State law or rules that 
2regulate animal care, public health, or public safety.

3    (b) Nothing in this Act prevents the establishment of or 
4alteration of ordinances or rules by a unit of local 
5government regarding animal care, public health, or public 
6safety.


 
7    Section 20. Home rule. A home rule unit may not regulate 
8working animals in a manner inconsistent with this Act. This 
9Act is a limitation under subsection (i) of Section 6 of 
10Article VII of the Illinois Constitution on the concurrent 
11exercise by home rule units of powers and functions exercised 
12by the State.
 
13    Section 25. Conflict with ordinance or rule.  If a unit of 
14local government has an ordinance, resolution, or rule that 
15conflicts with this Act, this Act controls.