SB1337 96TH GENERAL ASSEMBLY

LRB096 07611 JDS 17707 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1337

Introduced 2/10/2009, by Sen. James A. DeLeo

SYNOPSIS AS INTRODUCED:

510 ILCS 70/3.03-5 new

Amends the Humane Care for Animals Act. Prohibits a person from tethering or confining any covered animal, on a farm, for all or the majority of any day, in a manner that prevents the animal from (i) lying down, standing up, and fully extending his or her limbs or (ii) turning around freely. Creates exemptions from this requirement for (i) scientific or agricultural research; (ii) examination, testing, individual treatment, or operation for veterinary purposes; (iii) transportation; and (iv) rodeo exhibitions, State or county fair exhibitions, 4-H programs, and similar exhibitions. Provides that any person who violates this requirement is guilty of a Class C misdemeanor and upon conviction must be punished by a fine not to exceed $500, or by imprisonment not to exceed 180 days, or both.

CORRECTIONAL BUDGET AND IMPACT 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 Humane Care for Animals Act is amended by adding Section 3.03-5 as follows:

(510 ILCS 70/3.03-5 new)

Sec. 3.03-5. Farm Animal Cruelty.

(a) For the purposes of this Section, the following terms have the following meanings:

"Calf raised for veal" means any calf of the bovine species kept for the purpose of producing the food product described as veal.

"Covered animal" means any pig during pregnancy, calf raised for veal, or egg-laying hen who is kept on a farm.

"Egg-laying hen" means any female domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose of egg production.

"Enclosure" means any cage, crate, or other structure used to confine a covered animal, including what is commonly described as a "gestation crate" for pigs, a "veal crate" for calves, or a "battery cage" for egg-laying hens.

"Farm" means the land, building, support facilities, and other equipment wholly or partially used for the commercial production of animals or animal products used for food or fiber. "Farm" does not include live animal markets.

"Fully extending his or her limbs" means fully extending all limbs without touching the side of an enclosure, including, in the case of egg-laying hens, fully spreading both wings without touching the side of an enclosure or other egg-laying hens.

"Person" means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate.

"Pig during pregnancy" means any pregnant pig of the porcine species kept for the primary purpose of breeding".

"Turning around freely" means turning in a complete circle without any impediment, including a tether, and without touching the side of an enclosure.

(b) In addition to other applicable provisions of law, a person shall not tether or confine any covered animal, on a farm, for all or the majority of any day, in a manner that prevents the animal from (i) lying down, standing up, and fully extending his or her limbs or (ii) turning around freely.

(c) The prohibition of subsection (b) of this Section shall not apply during any of the following:

(1) Scientific or agricultural research.

(2) Examination, testing, individual treatment, or operation for veterinary purposes.

(3) Transportation.

(4) Rodeo exhibitions, State or county fair exhibitions, 4-H programs, and similar exhibitions.

(d) Any person who violates any provision of this Section is guilty of a Class C misdemeanor and upon conviction shall be punished by a fine not to exceed $500, or by imprisonment not to exceed 180 days, or both.

(e) The provisions of this Section are in addition to, and not in lieu of, any other laws protecting animal welfare. This Section shall not be construed to limit any State law or regulations protecting the welfare of animals, nor shall anything in this Section prevent units of local government, including home rule units, from adopting and enforcing their own animal welfare laws and regulations.

(f) If any portion of this Section or the application of any portion of this Section to any person or circumstance is held invalid or unconstitutional, that invalidity or unconstitutionality shall not affect other provisions of this Section or any other portion of this Act that can be given effect without the unconstitutional provision or application. To that end, the provisions of this Section are severable from the remainder of the Act.