HB4912 100TH GENERAL ASSEMBLY

LRB100 18718 HEP 33951 b

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.

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 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 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;

(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 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:

(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.

(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.