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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5790LRB100 17498 SLF 32667 b

1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
514-6.02 as follows:
 
6    (105 ILCS 5/14-6.02)  (from Ch. 122, par. 14-6.02)
7    Sec. 14-6.02. Service animals. Service animals such as
8guide dogs, signal dogs or any other animal individually
9trained to perform tasks for the benefit of a student with a
10disability shall be permitted to accompany that student at all
11school functions, whether in or outside the classroom. For the
12purposes of this Section, "service animal" has the same meaning
13as in Section 2.01c of the Humane Care for Animals Act 48-8 of
14the Criminal Code of 2012.
15(Source: P.A. 97-956, eff. 8-14-12; 97-1150, eff. 1-25-13.)
 
16    Section 10. The Swimming Facility Act is amended by
17changing Section 32 as follows:
 
18    (210 ILCS 125/32)
19    Sec. 32. Service animals. It is the duty of a licensee
20under this Act to allow the use of service animals as defined
21in Section 2.01c of the Humane Care for Animals Act and

 

 

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1prescribed in 28 C.F.R. 35.104, 28 C.F.R. 35.136, 28 C.F.R.
235.139, 28 C.F.R. 36.104, 28 C.F.R. 208, and 28 C.F.R. 302(c)
3if the service animal has been trained to perform a specific
4task or work in the water and the use of such animal does not
5pose a direct threat to the health and safety of the patrons of
6the facility or the function or sanitary conditions of the
7facility. Any use of a licensed swimming facility by an animal
8other than a service animal as authorized under this Section is
9prohibited.
10(Source: P.A. 97-957, eff. 1-1-13.)
 
11    Section 15. The Illinois Insurance Code is amended by
12adding Section 356z.29 as follows:
 
13    (215 ILCS 5/356z.29 new)
14    Sec. 356z.29. Coverage for service animal or service dog.
15An individual or group policy of accident and health insurance
16amended, delivered, issued, or renewed on or after the
17effective date of this amendatory Act of the 100th General
18Assembly shall provide coverage for the purchase of a service
19animal that has completed a formal training program for the
20purposes of assisting or accommodating a person's sensory,
21mental, physical, or psychiatric disability, including, but
22not limited to, a person with post-traumatic stress disorder
23(PTSD) or a traumatic brain injury, by performing tasks for the
24benefit of that person that are directly related to the

 

 

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1person's disability, provided that the insured's health care
2provider certifies in writing that a service dog is medically
3necessary.
 
4    Section 20. The Humane Care for Animals Act is amended by
5changing Section 2.01c as follows:
 
6    (510 ILCS 70/2.01c)
7    Sec. 2.01c. Service animal. "Service animal" means an
8animal that has completed a formal training program for the
9purposes of assisting or accommodating a person's sensory,
10mental, physical, or psychiatric disability, including, but
11not limited to, a person with post-traumatic stress disorder
12(PTSD) or a traumatic brain injury, by performing tasks for the
13benefit of that person that are directly related to the
14person's disability trained in obedience and task skills to
15meet the needs of a person with a disability.
16(Source: P.A. 99-143, eff. 7-27-15.)
 
17    Section 25. The Pedestrians with Disabilities Safety Act is
18amended by changing Section 5 as follows:
 
19    (625 ILCS 60/5)
20    Sec. 5. Definitions. For purposes of this Act:
21    "Mobility device" means a support cane, walker, crutches,
22wheelchair, scooter, or other device, which may be necessary

 

 

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1for use by a pedestrian with a disability when traveling.
2    "Pedestrian with a disability" means a person with a
3disability, as defined by the Americans with Disabilities Act,
4who may require the use of a mobility device, service animal,
5or white cane to travel on the streets, sidewalks, highways,
6walkways, and walking, running, or bicycle paths of this State.
7    "Service animal" has the same meaning ascribed to that term
8in Section 2.01c of the Humane Care for Animals Act means a
9service animal as defined by the Code of Federal Regulations
10(28 CFR 36.104).
11    "White cane" means a cane that is predominantly white or
12metallic in color, with or without a red tip, that is held in
13an extended or raised position.
14(Source: P.A. 100-76, eff. 1-1-18.)
 
15    Section 30. The Criminal Code of 2012 is amended by
16changing Section 48-8 as follows:
 
17    (720 ILCS 5/48-8)
18    Sec. 48-8. Service animal access.
19    (a) When a person with a physical, mental, or intellectual
20disability requiring the use of a service animal is accompanied
21by a service animal or when a trainer of a service animal is
22accompanied by a service animal, neither the person nor the
23service animal shall be denied the right of entry and use of
24facilities of any public place of accommodation as defined in

 

 

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1Section 5-101 of the Illinois Human Rights Act.
2    For the purposes of this Section, "service animal" has the
3same meaning ascribed to the term in Section 2.01c of the
4Humane Care for Animals Act means a dog or miniature horse
5trained or being trained as a hearing animal, a guide animal,
6an assistance animal, a seizure alert animal, a mobility
7animal, a psychiatric service animal, an autism service animal,
8or an animal trained for any other physical, mental, or
9intellectual disability. "Service animal" includes a miniature
10horse that a public place of accommodation shall make
11reasonable accommodation so long as the public place of
12accommodation takes into consideration: (1) the type, size, and
13weight of the miniature horse and whether the facility can
14accommodate its features; (2) whether the handler has
15sufficient control of the miniature horse; (3) whether the
16miniature horse is housebroken; and (4) whether the miniature
17horse's presence in the facility compromises legitimate safety
18requirements necessary for operation.
19    (b) A person who knowingly violates this Section commits a
20Class C misdemeanor.
21(Source: P.A. 97-1108, eff. 1-1-13; incorporates 97-956, eff.
228-14-12; 97-1150, eff. 1-25-13.)
 
23    Section 35. The Unified Code of Corrections is amended by
24changing Section 3-12-16 as follows:
 

 

 

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1    (730 ILCS 5/3-12-16)
2    Sec. 3-12-16. Helping Paws Service Dog Program.
3    (a) In this Section:
4    "Person with a disability" means a person who suffers from
5a physical or mental impairment that substantially limits one
6or more major life activities.
7    "Program" means the Helping Paws Service Dog Program
8created by this Section.
9    "Service dog" has the same meaning ascribed to the term
10"service animal" in Section 2.01c of the Humane Care for
11Animals Act, except the animal is a dog means a dog trained in
12obedience and task skills to meet the needs of a person with a
13disability.
14    "Animal care professional" means a person certified to work
15in animal care related services, such as grooming, kenneling,
16and any other related fields.
17    "Service dog professional" means a person certified to
18train service dogs by an agency, organization, or school
19approved by the Department.
20    "Veteran" means an Illinois resident who is a veteran as
21defined in subsection (h) of Section 1491 of Title 10 of the
22United States Code.
23    (b) The Department may establish the Helping Paws Service
24Dog Program to train committed persons to be service dog
25trainers and animal care professionals. The Department shall
26select committed persons in various correctional institutions

 

 

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1and facilities to participate in the Program.
2    (c) Priority for participation in the Program must be given
3to committed persons who either have a high school diploma or
4have passed high school equivalency testing.
5    (d) The Department may contract with service dog
6professionals to train committed persons to be certified
7service dog trainers. Service dog professionals shall train
8committed persons in dog obedience training, service dog
9training, and animal health care. Upon successful completion of
10the training, a committed person shall receive certification by
11an agency, organization, or school approved by the Department.
12    (e) The Department may designate a non-profit organization
13to select animals from humane societies and shelters for the
14purpose of being trained as service dogs and for participation
15in any program designed to train animal care professionals.
16    (f) After a dog is trained by the committed person as a
17service dog, a review committee consisting of an equal number
18of persons from the Department and the non-profit organization
19shall select a person with a disability or a veteran with
20post-traumatic stress disorder (PTSD) or depression to receive
21the service dog free of charge.
22    (g) Employees of the Department shall periodically visit
23persons with disabilities who have received service dogs from
24the Department under this Section to determine whether the
25needs of the persons with disabilities or veterans with
26post-traumatic stress disorder (PTSD) or depression have been

 

 

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1met by the service dogs trained by committed persons.
2    (h) Employees of the Department shall periodically visit
3committed persons who have been certified as service dog
4trainers or animal care professionals and who have been paroled
5or placed on mandatory supervised release to determine whether
6the committed persons are using their skills as certified
7service dog trainers or animal care professionals.
8(Source: P.A. 99-143, eff. 7-27-15; 100-384, eff. 1-1-18.)