Bill Text: IL HB4912 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Creates the Assistance and Service Animal Integrity Act. Defines terms. Provides that a landlord who receives a request from a person to make an exception to the landlord's policy prohibiting animals on the landlord's property because the person requires the use of an assistance animal or service animal may require the person to produce reliable documentation of the disability and disability-related need for the animal, verified under penalty of perjury by the person, only if the disability or disability-related need is not readily apparent or known to the landlord. Provides that requests for an exception are allowed for only one animal unless the documentation specifically indicates more than one is required. Provides requirements for the documentation submitted to a landlord under the Act. Provides that the landlord may require recertification every year. Provides that a landlord shall not be liable for injuries caused by a person's assistance animal or service animal permitted on the landlord's property. Amends the Criminal Code of 2012. Creates the criminal offenses of misrepresentation of entitlement to an assistance animal or service animal; misrepresentation of an animal as an assistance animal or service animal; misrepresentation of service animal training; and misrepresentation of a medical professional. Provides penalties for violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4912 Detail]

Download: Illinois-2017-HB4912-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4912 Introduced , by Rep. André Thapedi SYNOPSIS AS INTRODUCED:
New Act
720 ILCS 5/48-8.5 new
Creates the Assistance and Service Animal Integrity Act. Defines terms. Provides that a landlord who receives a request from a person to make an exception to the landlord's policy prohibiting animals on the landlord's property because the person requires the use of an assistance animal or service animal may require the person to produce reliable documentation of the disability and disability-related need for the animal, verified under penalty of perjury by the person, only if the disability or disability-related need is not readily apparent or known to the landlord. Provides that requests for an exception are allowed for only one animal unless the documentation specifically indicates more than one is required. Provides requirements for the documentation submitted to a landlord under the Act. Provides that the landlord may require recertification every year. Provides that a landlord shall not be liable for injuries caused by a person's assistance animal or service animal permitted on the landlord's property. Amends the Criminal Code of 2012. Creates the criminal offenses of misrepresentation of entitlement to an assistance animal or service animal; misrepresentation of an animal as an assistance animal or service animal; misrepresentation of service animal training; and misrepresentation of a medical professional. Provides penalties for violations.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning animals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Assistance and Service Animal Integrity Act.
Section 5. Definitions. As used in this Act:
"Assistance animal" means an animal, other than a service
animal, that qualifies as a reasonable accommodation under the
Fair Housing Act, 42 U.S.C. § 3601 et seq., Section 504 of the
Rehabilitation Act of 1973, 29 U.S.C. § 794, or local law.
"Assistance animal" includes an emotional support animal if the
animal qualifies as a reasonable accommodation. "Assistance
animal" does not include an animal that threatens or attacks
any individual without cause, is not directly controlled in
common areas, or produces animal waste that is not disposed of
or cleaned.
"Disability" means a physical or mental impairment that
substantially limits one or more major life activity.
"Service animal" means an animal, other than an assistance
animal, that qualifies as a "service animal" under the federal
Americans with Disabilities Act of 1990 and is trained by a
recognized professional to perform the relevant tasks and
behavior modification necessary to assure the service animal

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does not attack others. "Service animal" does not include an
animal that threatens or attacks any individual or other animal
without cause, is not directly controlled in common areas, or
produces animal waste that is not disposed of or cleaned.
Section 10. Documentation of disability and
disability-related need.
(a) A landlord who receives a request from a person to make
an exception to the landlord's policy prohibiting animals on
the landlord's property because the person requires the use of
an assistance animal or service animal may require the person
to produce reliable documentation, which may be a standardized
form required by the landlord, of the disability and
disability-related need for the animal, verified under penalty
of perjury by the person, only if the disability or
disability-related need is not readily apparent or known to the
landlord. A request for an exception is allowed for only one
animal, unless documentation pursuant to subsection (b) of this
Section specifically indicates more than one is required.
(b) Any documentation that a person has a disability and
requires the use of an assistance animal or service animal as a
reasonable accommodation in housing pursuant to the Fair
Housing Act, the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Illinois Human Rights Act, or
local law shall:
(1) be in writing;

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(2) be made by a medical professional licensed in the
field for which the medical opinion is offered;
(3) be reliable, based on direct knowledge of the
person's disability and disability-related need for the
assistance animal or service animal, and verified under
penalty of perjury by the medical professional;
(4) describe the person's disability-related need for
the assistance animal or service animal; and
(5) be acknowledged by all other tenants of the
property leased by the individual requesting
accommodations, if any.
(c) A landlord may deny a documented request for
accommodation pursuant to this Act if other tenants of the
property leased by the individual requesting accommodations
also require accommodations that prohibit the presence of the
animal.
(d) A landlord may require recertification of
documentation pursuant to subsection (b) of this Section no
sooner than one year after receipt of the most recent
documentation received pursuant to subsection (b) of this
Section.
Section 15. Immunity. Notwithstanding any other law to the
contrary, a landlord shall not be liable for injuries caused by
a person's assistance animal or service animal permitted on the
landlord's property as a reasonable accommodation to assist the

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person with a disability pursuant to the Fair Housing Act,
Section 504 of the Rehabilitation Act of 1973, the Americans
with Disabilities Act, the Illinois Human Rights Act, or any
other federal, State, or local law.
Section 20. The Criminal Code of 2012 is amended by adding
Section 48-8.5 as follows:
(720 ILCS 5/48-8.5 new)
Sec. 48-8.5. Misrepresentation concerning assistance
animals and service animals.
(a) As used in this Section, "assistance animal" and
"service animal" have the meanings given to them in Section 5
of the Assistance and Service Animal Integrity Act.
(b) A person commits misrepresentation of entitlement to an
assistance animal or service animal when he or she
intentionally:
(1) misrepresents to another that a person has a
disability or disability-related need for the use of an
assistance animal or service animal in housing; or
(2) makes materially false statements for the purpose
of obtaining documentation for the use of an assistance
animal or service animal in housing.
(c) A person commits misrepresentation of an animal as an
assistance animal or service animal when he or she
intentionally:

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(1) creates a document that misrepresents an animal as
an assistance animal or service animal for use in housing;
(2) provides a document to another falsely stating that
an animal is an assistance animal or service animal for use
in housing; or
(3) fits an animal that is not an assistance animal or
service animal with a harness, collar, vest, or sign
indicating that the pet is an assistance animal or service
animal for use in housing.
(d) A person commits misrepresentation of service animal
training if the person intentionally creates a document that
misrepresents that the person trained an animal as a service
animal for use in housing.
(e) A person commits misrepresentation of a medical
professional for purposes of the Assistance and Service Animal
Integrity Act when he or she, while holding himself or herself
out as a medical professional, intentionally:
(1) misrepresents to another that a person has a
disability or disability-related need for the use of an
assistance animal or service animal in housing; or
(2) makes materially false statements for the purpose
of creating documentation for the use of an assistance
animal or service animal in housing.
(f) Sentence.
(1) Misrepresentation of entitlement to an assistance
animal or service animal is a Class 4 felony.

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(2) Misrepresentation of an animal as an assistance
animal or service animal is a Class A misdemeanor.
(3) Misrepresentation of service animal training is a
Class A misdemeanor.
(4) Misrepresentation of a medical professional for
purposes of the Assistance and Service Animal Integrity Act
is a Class A misdemeanor.