SB 648 — ANIMAL WELFARE-RELEASE-SHELTER
Last action — Tabled
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 98th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Amends the Public Utilities Act. Makes a technical change in a Section concerning recovery of costs associated with the provision of delivery services.
Bill Text
What changed in the latest version
146 added · 294 removedPlain-language change summary
The recent update to SB 648 makes important changes to the Animal Welfare Act. It now ensures that animal shelters can only release animals to other licensed shelters or certain out-of-state organizations, aiming to improve the oversight of animal transfers. Additionally, shelters must transfer stray animals to local authorities by the next business day, with fines for those that do not comply. These changes are significant because they help prevent overcrowding in shelters and ensure that animals are properly cared for after being found.
*LRB09804425JWD34453b* SB0648 98THEngrossed GENERALLRB098 ASSEMBLY04425 StateJWD of34453 Illinoisb andAN 2014ACT SB0648concerning Introducedregulation. 1/24/2013, by Sen.
John J.
Cullerton SYNOPSIS AS INTRODUCED:
ILCS 5/16-108 concerning recovery of costs associated with the provision of deliveryion services.
LRB098 04425 JWD 34453 b A BILL FOR SB0648 LRB098 04425 JWD 34453 b AN ACT concerning regulation.
The PublicAnimal UtilitiesWelfare Act is amended by changing SectionSections 16-1083.4 and 10 as follows:
(220(225 ILCS 5/16-108)605/3.4) Sec.
16-108.3.4.
RecoveryRelease of costsanimals associatedto withshelters. the the provision of delivery services.
(a) An electricanimal utilityshelter shallor fileanimal acontrol deliveryfacility servicesmay tariffnot withrelease any animal to an individual representing an animal shelter, unless (1) the Commissionrecipient atanimal leastshelter 210has daysbeen priorlicensed toor has a foster care permit issued by the dateDepartment thator it(2) the individual is requireda torepresentative beginof offeringa suchnot-for-profit, servicesout-of-State pursuantorganization toand thisthe Act.animal is being transferred out of the State of Illinois.
An(b) electricNo utilityanimal shallshelter providemay theimpound componentsor ofaccept deliverya servicesstray thatdog areor subjectcat, tounless thesuch jurisdictionanimal ofis thereleased Federalto Energy Regulatory Commission at the sameanimal prices,control termsfacility andor conditionslaw setenforcement forthofficer inwith itsjurisdiction applicablethe tariffnext asbusiness approvedday. or allowed into effect by that Commission.
TheAny Commissionanimal shallshelter otherwisethat haveimpounds theor authorityaccepts pursuanta tostray Articledog IXor tocat review, approve, and modifydoes the prices, terms and conditions of those components of delivery services not subjecttransfer to the jurisdictionanimal ofto the Federallocal Energyanimal Regulatorycontrol Commission,or includinglaw theenforcement authorityofficial toby determine the extentnext tobusiness whichday suchshall deliverybe servicesin shouldviolation beof offeredthis onAct anand unbundledshall basis.be fined.
InAn makinganimal anyshelter suchmay determinationonly theaccept Commissionan shallanimal consider,from atits owner if the owner signs a minimum,relinquishment form that states he or she is the SB0648 Engrossed - 2 - LRB098 04425 JWD 34453 b owner of the effectanimal, ofan additionalanimal unbundlingshelter onlicensed (i)under thethis objectiveAct, ofor justan andout-of-state reasonableanimal rates,control (ii)facility, electricrescue utilitygroup, employees,or andanimal (iii)shelter thethat developmentis ofduly competitivelicensed marketsin fortheir electricstate energyor servicesis ina Illinois.not-for-profit organization.
(b)(c) TheNo Commissionrepresentative shallof an animal shelter may enter anupon orderprivate approving,property orand approvingremove asan modified,animal, thenor deliverycan servicesany tariffrepresentative noof lateran thananimal 30shelter daysdirect prioranother person to theenter dateupon onprivate whichproperty theand electricremove utilityan mustanimal, commencewithout offeringa suchsearch services.warrant or court order.
TheAny Commissionanimal mayshelter subsequentlythat modifyimpounds suchan tariffanimal pursuantwithout approval from the Department shall be fined and is subject to thisa Act.suspension or revocation of its license at an administrative hearing by the Department.
(c)(d) TheAn electricanimal utility'sshelter tariffsthat shallaccepts defineanimals thefrom classesanimal shelters or animal control facilities from out of itsstate customersmust forrequire purposesa certificate of deliveryveterinary servicesinspection charges.from the state where the animal originates.
DeliveryIf servicesthe shallanimal beaccepted pricedis and made available to all retail customers electing delivery services in each such class on a nondiscriminatorydog basisover regardless of whether the retailage customerof chooses4 themonths, electricit utility,must anbe affiliatevaccinated offor therabies electricand utility,listed oras anothersuch entityon asthe itscertificate supplier of electricveterinary powerinspection. and energy.
Charges(e) forNothing deliveryin servicesthis shallSection belimits costan based,animal shelter and shallan allowanimal thecontrol electricfacility utilitythat, through mutual agreement, wish to recoverenter theinto costsan ofagreement providingfor deliveryanimal servicescontrol, throughboarding, itsholding, chargesor toother itsservices, deliveryprovided servicethat customersthe agreement requires that usethe parties adhere to the facilitiesprovisions of the Animal Control Act, the Humane Euthanasia in Animal Shelters Act, and servicesthe associatedHumane withCare suchfor costs.Animals Act.
Such costs shall include the costs of owning, operating and maintaining transmission and distribution facilities.
The Commission shall also be authorized to consider whether, and if so to what extent, the following costs are appropriately included in the electric utility's delivery services rates:
(i) the costs of that SB0648 - 3 - LRB098 04425 JWD 34453 b portion of generation facilities used for the production and absorption of reactive power in order that retail customers located in the electric utility's service area can receive electric power and energy from suppliers other than the electric utility, and (ii) the costs associated with the use and redispatch of generation facilities to mitigate constraints on the transmission or distribution system in order that retail customers located in the electric utility's service area can receive electric power and energy from suppliers other than the electric utility.
Nothing in this subsection shall be construed as directing the Commission to allocate any of the costs described in (i) or (ii) that are found to be appropriately included in the electric utility's delivery services rates to any particular customer group or geographic area in setting delivery services rates.
(d) The Commission shall establish charges, terms and conditions for delivery services that are just and reasonable and shall take into account customer impacts when establishing such charges.
In establishing charges, terms and conditions for delivery services, the Commission shall take into account voltage level differences.
A retail customer shall have the option to request to purchase electric service at any delivery service voltage reasonably and technically feasible from the electric facilities serving that customer's premises provided that there are no significant adverse impacts upon system reliability or system efficiency.
A retail customer shall also SB0648 - 4 - LRB098 04425 JWD 34453 b have the option to request to purchase electric service at any point of delivery that is reasonably and technically feasible provided that there are no significant adverse impacts on system reliability or efficiency.
Such requests shall not be unreasonably denied.
(e) Electric utilities shall recover the costs of installing, operating or maintaining facilities for the particular benefit of one or more delivery services customers, including without limitation any costs incurred in complying with a customer's request to be served at a different voltage level, directly from the retail customer or customers for whose benefit the costs were incurred, to the extent such costs are not recovered through the charges referred to in subsections (c) and (d) of this Section.
(f) An electric utility shall be entitled but not required to implement transition charges in conjunction with the offering of delivery services pursuant to Section 16-104.
If an electric utility implements transition charges, it shall implement such charges for all delivery services customers and for all customers described in subsection (h), but shall not implement transition charges for power and energy that a retail customer takes from cogeneration or self-generation facilities located on that retail customer's premises, if such facilities meet the following criteria:
(i) the cogeneration or self-generation facilities serve a single retail customer and are located on that SB0648 - 5 - LRB098 04425 JWD 34453 b retail customer's premises (for purposes of this subparagraph and subparagraph (ii), an industrial or manufacturing retail customer and a third party contractor that is served by such industrial or manufacturing customer through such retail customer's own electrical distribution facilities under the circumstances described in subsection (vi) of the definition of "alternative retail electric supplier" set forth in Section 16-102, shall be considered a single retail customer);
(ii) the cogeneration or self-generation facilities either (A) are sized pursuant to generally accepted engineering standards for the retail customer's electrical load at that premises (taking into account standby or other reliability considerations related to that retail customer's operations at that site) or (B) if the facility is a cogeneration facility located on the retail customer's premises, the retail customer is the thermal host for that facility and the facility has been designed to meet that retail customer's thermal energy requirements resulting in electrical output beyond that retail customer's electrical demand at that premises, comply with the operating and efficiency standards applicable to "qualifying facilities" specified in title 18 Code of Federal Regulations Section 292.205 as in effect on the effective date of this amendatory Act of 1999;
(iii) the retail customer on whose premises the SB0648 - 6 - LRB098 04425 JWD 34453 b facilities are located either has an exclusive right to receive, and corresponding obligation to pay for, all of the electrical capacity of the facility, or in the case of a cogeneration facility that has been designed to meet the retail customer's thermal energy requirements at that premises, an identified amount of the electrical capacity of the facility, over a minimum 5-year period;
and (iv) if the cogeneration facility is sized for the retail customer's thermal load at that premises but exceeds the electrical load, any sales of excess power or energy are made only at wholesale, are subject to the jurisdiction of the Federal Energy Regulatory Commission, and are not for the purpose of circumventing the provisions of this subsection (f).
If a generation facility located at a retail customer's premises does not meet the above criteria, an electric utility implementing transition charges shall implement a transition charge until December 31, 2006 for any power and energy taken by such retail customer from such facility as if such power and energy had been delivered by the electric utility.
Provided, however, that an industrial retail customer that is taking power from a generation facility that does not meet the above criteria but that is located on such customer's premises will not be subject to a transition charge for the power and energy taken by such retail customer from such generation facility if the facility does not serve any other retail customer and SB0648 - 7 - LRB098 04425 JWD 34453 b either was installed on behalf of the customer and for its own use prior to January 1, 1997, or is both predominantly fueled by byproducts of such customer's manufacturing process at such premises and sells or offers an average of 300 megawatts or more of electricity produced from such generation facility into the wholesale market.
Such charges shall be calculated as provided in Section 16-102, and shall be collected on each kilowatt-hour delivered under a delivery services tariff to a retail customer from the date the customer first takes delivery services until December 31, 2006 except as provided in subsection (h) of this Section.
Provided, however, that an electric utility, other than an electric utility providing service to at least 1,000,000 customers in this State on January 1, 1999, shall be entitled to petition for entry of an order by the Commission authorizing the electric utility to implement transition charges for an additional period ending no later than December 31, 2008.
The electric utility shall file its petition with supporting evidence no earlier than 16 months, and no later than 12 months, prior to December 31, 2006.
The Commission shall hold a hearing on the electric utility's petition and shall enter its order no later than 8 months after the petition is filed.
Show all 116 changed lines (76 more)
The Commission shall determine whether and to what extent the electric utility shall be authorized to implement transition charges for an additional period.
The Commission may authorize the electric utility to implement transition charges for some or all of the additional SB0648 - 8 - LRB098 04425 JWD 34453 b period, and shall determine the mitigation factors to be used in implementing such transition charges;
provided, that the Commission shall not authorize mitigation factors less than 110% of those in effect during the 12 months ended December 31, 2006.
In making its determination, the Commission shall consider the following factors:
the necessity to implement transition charges for an additional period in order to maintain the financial integrity of the electric utility;
the prudence of the electric utility's actions in reducing its costs since the effective date of this amendatory Act of 1997;
the ability of the electric utility to provide safe, adequate and reliable service to retail customers in its service area;
and the impact on competition of allowing the electric utility to implement transition charges for the additional period.
(g) The electric utility shall file tariffs that establish the transition charges to be paid by each class of customers to the electric utility in conjunction with the provision of delivery services.
The electric utility's tariffs shall define the classes of its customers for purposes of calculating transition charges.
The electric utility's tariffs shall provide for the calculation of transition charges on a customer-specific basis for any retail customer whose average monthly maximum electrical demand on the electric utility's system during the 6 months with the customer's highest monthly maximum electrical demands equals or exceeds 3.0 megawatts for electric utilities having more than 1,000,000 customers, and SB0648 - 9 - LRB098 04425 JWD 34453 b for other electric utilities for any customer that has an average monthly maximum electrical demand on the electric utility's system of one megawatt or more, and (A) for which there exists data on the customer's usage during the 3 years preceding the date that the customer became eligible to take delivery services, or (B) for which there does not exist data on the customer's usage during the 3 years preceding the date that the customer became eligible to take delivery services, if in the electric utility's reasonable judgment there exists comparable usage information or a sufficient basis to develop such information, and further provided that the electric utility can require customers for which an individual calculation is made to sign contracts that set forth the transition charges to be paid by the customer to the electric utility pursuant to the tariff.
(h) An electric utility shall also be entitled to file tariffs that allow it to collect transition charges from retail customers in the electric utility's service area that do not take delivery services but that take electric power or energy from an alternative retail electric supplier or from an electric utility other than the electric utility in whose service area the customer is located.
Such charges shall be calculated, in accordance with the definition of transition charges in Section 16-102, for the period of time that the customer would be obligated to pay transition charges if it were taking delivery services, except that no deduction for SB0648 - 10 - LRB098 04425 JWD 34453 b delivery services revenues shall be made in such calculation, and usage data from the customer's class shall be used where historical usage data is not available for the individual customer.
The customer shall be obligated to pay such charges on a lump sum basis on or before the date on which the customer commences to take service from the alternative retail electric supplier or other electric utility, provided, that the electric utility in whose service area the customer is located shall offer the customer the option of signing a contract pursuant to which the customer pays such charges ratably over the period in which the charges would otherwise have applied.
(i) An electric utility shall be entitled to add to the bills of delivery services customers charges pursuant to Sections 9-221, 9-222 (except as provided in Section 9-222.1), and Section 16-114 of this Act, Section 5-5 of the Electricity Infrastructure Maintenance Fee Law, Section 6-5 of the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997, and Section 13 of the Energy Assistance Act.
(j) If a retail customer that obtains electric power and energy from cogeneration or self-generation facilities installed for its own use on or before January 1, 1997, subsequently takes service from an alternative retail electric supplier or an electric utility other than the electric utility in whose service area the customer is located for any portion of the customer's electric power and energy requirements SB0648 - 11 - LRB098 04425 JWD 34453 b formerly obtained from those facilities (including that amount purchased from the utility in lieu of such generation and not as standby power purchases, under a cogeneration displacement tariff in effect as of the effective date of this amendatory Act of 1997), the transition charges otherwise applicable pursuant to subsections (f), (g), or (h) of this Section shall not be applicable in any year to that portion of the customer's electric power and energy requirements formerly obtained from those facilities, provided, that for purposes of this subsection (j), such portion shall not exceed the average number of kilowatt-hours per year obtained from the cogeneration or self-generation facilities during the 3 years prior to the date on which the customer became eligible for delivery services, except as provided in subsection (f) of Section 16-110.
91-50,96-314, eff.
6-30-99;8-11-09.) SB0648 Engrossed - 3 - LRB098 04425 JWD 34453 b (225 ILCS 605/10) (from Ch.
92-690,8, eff.par.
7-18-02.)310) Sec.
10.
Grounds for discipline.
The Department may refuse to issue or renew or may suspend or revoke a license on any one or more of the following grounds:
a.
Material misstatement in the application for original license or in the application for any renewal license under this Act;
b.
A violation of this Act or of any regulations or rules issued pursuant thereto;
c.
Aiding or abetting another in the violation of this Act or of any regulation or rule issued pursuant thereto;
d.
Allowing one's license under this Act to be used by an unlicensed person;
e.
Conviction of any crime an essential element of which is misstatement, fraud or dishonesty or conviction of any felony, if the Department determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust;
f.
Conviction of a violation of any law of Illinois except minor violations such as traffic violations and violations not related to the disposition of dogs, cats and other animals or any rule or regulation of the Department relating to dogs or cats and sale thereof;
g.
Making substantial misrepresentations or false promises of a character likely to influence, persuade or induce in SB0648 Engrossed - 4 - LRB098 04425 JWD 34453 b connection with the business of a licensee under this Act;
h.
Pursuing a continued course of misrepresentation of or making false promises through advertising, salesman, agents or otherwise in connection with the business of a licensee under this Act;
i.
Failure to possess the necessary qualifications or to meet the requirements of the Act for the issuance or holding a license;
or j.
Proof that the licensee is guilty of gross negligence, incompetency, or cruelty with regard to animals.
The Department may refuse to issue or may suspend the license of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
The Department may order any licensee to cease operation for a period not to exceed 72 hours to correct deficiencies in order to meet licensing requirements.
If the Department revokes a license under this Act at an administrative hearing, the licensee shall be prohibited from applying for or obtaining a license under this Act for at least 3 years after the revocation.
(Source:
P.A.
89-178, eff.
7-19-95;
90-385, eff.
8-15-97;
90-403, eff.
8-15-97.) SB0648 Engrossed - 5 - LRB098 04425 JWD 34453 b Section 10.
The Humane Care for Animals Act is amended by changing Section 9 as follows:
(510 ILCS 70/9) (from Ch.
8, par.
709) Sec.
9.
Humane investigators;
qualifications.
The Department shall, by rule or regulation, establish reasonable qualifications for approved humane investigators and shall maintain a current listing of all approved humane investigators which shall be available for public inspection.
These qualifications shall include, but need not be limited to, a knowledge of the provisions of this Act and its rules and regulations and expertise in the investigation of complaints relating to the care and treatment of animals.
Persons designated as humane investigators shall cooperate, when requested, in completing routine investigations and filing reports of violations of this Act received by the Department.
Persons designated as humane investigators shall notify local law enforcement or the local animal control agency prior to conducting an investigation into a complaint within the jurisdiction of such law enforcement or animal control agency.
Employees of the Department may be assigned as Department investigators.
A person designated as a humane investigator may have his or her approval suspended or revoked if:
(1) the person identifies himself or herself as a SB0648 Engrossed - 6 - LRB098 04425 JWD 34453 b government employee and not as an approved humane investigator sponsored by a licensed animal shelter or humane society;
(2) the person gives false or misleading information to a State's Attorney, law enforcement official, licensed animal control agency, or the Department;
(3) the person impounds an animal without obtaining the required impoundment number and approval from the Department;
or (4) the person identifies a violation of Section 3 or other Section of this Act and fails to give proper notification to correct the violation.
The animal shelter or humane society sponsoring a person designated as a humane investigator shall be fined and is subject to have its license suspended or revoked if the person designated as a humane investigator is found to have committed one of the infractions listed in this Section in an administrative hearing by the Department.
(Source:
P.A.
88-600, eff.
9-1-94.)
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Action History
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Tabled
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Motion Prevailed
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Committee Deadline Extended-Rule 9(b) May 23, 2014
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Motion Filed - Table Bill/Resolution Pursuant to Rule 60(b), Rep. Wayne Rosenthal
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Assigned to Agriculture & Conservation Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Wayne Rosenthal
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Arrived in House
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Third Reading - Passed; 054-000-000
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Placed on Calendar Order of 3rd Reading
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Senate Floor Amendment No. 1 Adopted; Manar
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Recalled to Second Reading
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Senate Floor Amendment No. 1 Recommend Do Adopt Agriculture and Conservation; 007-000-000
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Senate Floor Amendment No. 1 Assignments Refers to Agriculture and Conservation
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Rule 2-10 Third Reading Deadline Established As May 1, 2014
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Chief Sponsor Changed to Sen. Andy Manar
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Senate Floor Amendment No. 1 Referred to Assignments
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Senate Floor Amendment No. 1 Filed with Secretary by Sen. Andy Manar
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Placed on Calendar Order of 3rd Reading April 7, 2014
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Approved for Consideration Assignments
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Re-referred to Assignments
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Placed on Calendar Order of 3rd Reading April 16, 2013
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Second Reading
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Placed on Calendar Order of 2nd Reading March 21, 2013
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Do Pass Executive; 010-000-000
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Assigned to Executive
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. John J. Cullerton
Sponsors
- Andy Manar · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Andy Manar
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 11 | 0 | 0 | 2 |
| Unaffiliated | 40 | 0 | 0 | 3 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 54 | 0 | 0 | 5 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Althoff | — | Yea |
| Martinez | — | Yea |
| Barickman | — | Yea |
| Bertino-Tarrant | — | Yea |
| Biss | — | Yea |
| Bivins | — | Yea |
| Bush | — | Yea |
| Duffy | — | Yea |
| Forby | — | Not Voting |
| Hutchinson | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| Manar | — | Yea |
| McCann | — | Yea |
| McCarter | — | Yea |
| McConnaughay | — | Yea |
| Silverstein | — | Yea |
| Harris | — | Yea |
| Steans | — | Yea |
| Brady | — | Yea |
| McGuire | — | Yea |
| Sullivan | — | Yea |
| Jacobs | — | Yea |
| Clayborne | — | Yea |
| Frerichs | — | Yea |
| Haine | — | Yea |
| Kotowski | — | Yea |
| Cullerton, T. | — | Yea |
| LaHood | — | Yea |
| Cullerton | — | Yea |
| Landek | — | Not Voting |
| Mulroe | — | Yea |
| Muñoz | — | Yea |
| Noland | — | Yea |
| Oberweis | — | Yea |
| Trotter | — | Yea |
| Connelly | — | Yea |
| Dillard | — | Yea |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Sandoval | — | Not Voting |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Not Voting |
| Eva-Dina Delgado | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Not Voting |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Sue Rezin | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 648 do?
- Amends the Public Utilities Act. Makes a technical change in a Section concerning recovery of costs associated with the provision of delivery services.
- Who sponsors SB 648?
- SB 648 is sponsored by Andy Manar.
- What is the current status of SB 648?
- This bill died with 98th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 648?
- Track SB 648 free on One Click Politics — get push/email alerts when it moves.
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