Ledy VanKavage, Esq. Sr. Legislative Attorney 2/14/2017. Past Chair of American Bar Association s Animal Law Committee

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1 Ledy VanKavage, Esq. Sr. Legislative Attorney Past Chair of American Bar Association s Animal Law Committee Karma ledyv@bestfriends.org

2 IL Humane Euthanasia in Animal Shelters Act Microchippi Justice ng ROCKS! for all! 2

3 501 (c) 3 Nonprofits Tax Treatment Tax-exempt Contributions tax-deductible Private foundation grants Lobbying Activities Limited Cannot support or oppose candidates for public office Yes, nonprofits can lobby: 501(c)(3) public charities can lobby within generous limits set by federal tax law. 3

4 Insubstantial Part Test (Default Test) The Insubstantial Part Test means that you cannot make lobbying a substantial part of what you do. ( Substantial is not defined.) 501(h) Expenditure IRS Form 5768 One-time election To maximize the amount of lobbying in which a public charity can engage, you can choose the 501(h) expenditure. It establishes specific dollar limits that are calculated as a percentage of a charity s total exempt purpose expenditures. 4

5 Total Lobbying Expenses Total Lobbying Expenses 501(h) 20% of first $500,000 15% of next $500,000 10% of next $500,000 5% remaining $1 million cap (annual expenditures over $17 million) Volunteer and other efforts do not count toward lobbying limits. Direct: Communication with a legislator that expresses a view about specific legislation Grassroots: Communication to the general public that expresses a view about specific legislation and has a call to action 5

6 Ballot Initiatives Members of the public ARE legislators These are NOT legislators: School boards Zoning boards Housing authorities Sewer and water districts Other special purpose bodies 6

7 Lobbying Exceptions Nonpartisan analysis, research or study Self-defense Request for technical assistance Examination and discussions of broad social, economic and similar problems What makes a great sponsor? Leadership Record On the Committee Majority party Respected Even Tempered 7

8 HB Rep. Welch Peace officer must arrest or issue a notice to appear (cruelty treatment, aggravated cruelty, animal torture, animal fighting or dog fighting) HB 2661 Rep. Sente Paramedics, EMTs may transport a police dog injured in the line of duty 8

9 HB 638 Rep. Cabello Probable cause required for a vicious or a dangerous dog. HB Rep. Burke Can t permit a dog to injure or kill a guide, hearing or support dog. 9

10 HB 1771 & SB 1467 Rep. Costello & Sen. Anderson Can use a crossbow to take any animal Taxpayer credit = adoption fees for the adoption of a cat or dog from a county animal control facility, humane society or animal rescue organization, not to exceed $100 per taxpayer. (No more than 3 animals per year) HB 3250 Rep. Winger 10

11 HB 3247 Rep. Winger Creates deduction for vet clinics in an amount equal to the value of any free spaying or neutering services provided by the clinic to a not for profit animal rescue or shelter service, not to exceed $2,500 per year per clinic SB Sen. Harmon Prohibits bobcat trapping 11

12 SB 641- Sen. Holmes Amends the IL Pet Population Control fund to allow counties to use registration fees for food stamps or SSD benefit programs for a animal control facility, animal shelter, organization or resident who humanely traps feral cats for TNR SB 1882 & HB 2824 Sen. Hastings & Rep. Costello Microchipping- pet stores & rescues Requires shelters to contact pet stores or rescue groups if owner doesn t reclaim Requires Dept of AG website check (problematic since website deleted by administration Home Rule Exemption would prohibit cities from banning pet shops 12

13 HB 2897 Rep. Severin Helping Paws Service Dog Program - Includes training for service dogs for veterans with PTSD HB 3731 & HB 3003 Rep. Moylan & Rep. Cavaletto Increases penalty for torturing, mutilating, injuring disabling, poisoning or killing service, police, search and rescue or accelerant detection dogs 13

14 SB Sen. Holmes Research dogs and cats adoption act SB Sen. Silverstein No companion animal may be put in a manner that places the animal in a lifethreatening situation for a prolonged period of time in extreme heat or cold (change from dog or cat) 14

15 SB Sen Holmes Amends the Humane Care for Animal Act: person who commits specified offenses against more than one animal may be charged with a separate offense HB Rep. Swanson US Armed Forces can adopt at a discounted rate or no charge, Dept. of AG shall charge ½ fee for licensing or renewal for animal shelter license 15

16 HB Rep. Crespo Individual convicted of violation of 3.01 (c) HCAC shall pay the owner of the companion animal 3 times the value of the immediate, completed, or ongoing veterinary treatment Exempts nonprofit animal organization that spends at least 80% of its annual solicited contributions on animal shelters and activities from registering with the AG HB 3668 Rep. Meier 16

17 HB Rep. Hammond Equine stable owners to be licensed by the Dept of Financial and Profession Regulation SB 1342 Sen. Holmes No elephants protected under the federal endangered species act of 1973 in traveling animal acts. 17

18 HB 3162 Rep. Manley Establishes a service dog license program 18

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