Illinois General Assembly - Bill Status for SB2851

Amends the Humane Care for Animals Act and the Abused and Neglected Child Reporting Act. Provides that an animal control officer or a humane society investigator with reasonable cause to suspect or believe that a child is being abused or neglected or is in danger of being abused or neglected must immediately make a written or oral report to the Department of Children and Family Services. Provides that any person required to report suspected child abuse or neglect under the Abused and Neglected Child Reporting Act must also immediately report suspected animal abuse or neglect or danger of animal abuse or neglect to the Department of Agriculture's Bureau of Animal Welfare. Preempts the exercise of home rule powers. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.

Replaces everything after the enacting clause with provisions substantially similar to those of the bill, amending the Humane Care for Animals Act, the Abused and Neglected Child Reporting Act, and the State Mandates Act, but with changes that include the following: (1) also requires Department of Agriculture investigators to report child abuse or neglect; (2) requires Investigation Specialists, Intact Family Specialists, and Placement Specialists employed by the Department of Children and Family Services (instead of any mandated reporter under the Abused and Neglected Child Reporting Act) to report animal abuse or neglect; (3) provides for immunity from liability for persons, institutions, and agencies participating in good faith in the reporting or investigation of animal abuse or neglect; (4) provides for confidentiality of the identity of persons reporting animal abuse or neglect; and (5) provides that nothing in the Abused and Neglected Child Reporting Act prohibits a mandated reporter who reasonably believes that an animal is being abused or neglected in violation of the Humane Care for Animals Act from reporting animal abuse or neglect to the Department of Agriculture's Bureau of Animal Health and Welfare. Effective immediately.

Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.

In connection with amendatory provisions added to the Humane Care for Animals Act providing for immunity from liability for making a report or referral, investigating a report or referral, or making a disclosure of information: (1) adds an exception for willful and wanton misconduct; (2) deletes a provision concerning a presumption of good faith; and (3) provides for immunity and confidentiality for an animal control officer or investigator in connection with reporting child abuse or neglect.

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