Bill Text: IL HB4123 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4123 Detail]

Download: Illinois-2019-HB4123-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4123

Introduced , 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.
LRB101 16182 AWJ 65552 b
HOME RULE NOTE ACT MAY APPLY

A BILL FOR

HB4123LRB101 16182 AWJ 65552 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.

HB4123- 2 -LRB101 16182 AWJ 65552 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 government
5regarding animal care, public health, or public safety.
6 Section 20. Home rule. A home rule unit may not regulate
7working animals in a manner inconsistent with this Act. This
8Act is a limitation under subsection (i) of Section 6 of
9Article VII of the Illinois Constitution on the concurrent
10exercise by home rule units of powers and functions exercised
11by the State.
12 Section 25. Conflict with ordinance or rule. If a unit of
13local government has an ordinance, resolution, or rule that
14conflicts with this Act, this Act controls.
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