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| Public Act 095-0179 |
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AN ACT concerning animals.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Diseased Animals Act is amended by | ||||
changing Sections 1, 2, 3, 4, 6, 9, 10, 13, 20, 21, 22, and 24 | ||||
as follows:
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(510 ILCS 50/1) (from Ch. 8, par. 168)
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Sec. 1. For the purposes of this Act:
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"Department" means the Department of Agriculture of the | ||||
State of Illinois.
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"Director" means the Director of the Illinois Department of | ||||
Agriculture,
or his duly appointed representative.
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"Contagious or infectious disease" means a specific | ||||
disease designated by
the Department as contagious or | ||||
infectious under rules pertaining to this Act.
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"Contaminated" or "contamination" means for an animal to | ||||
come into contact with a chemical or radiological substance at | ||||
a level which may be considered to be harmful to humans or | ||||
other animals if they come into contact with the contaminated | ||||
animal or consume parts of the contaminated animal.
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"Reportable disease" means a specific disease designated | ||||
by the Department as
reportable under rules pertaining to this | ||||
Act.
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"Animals" means domestic animals, poultry, and wild | ||
animals in captivity.
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"Exposed to" means for an animal to come in contact with | ||
another animal or
an environment that is capable of | ||
transmitting a contagious, infectious, or
reportable disease. | ||
An animal will no longer be considered as "exposed to"
when it | ||
is beyond the standard incubation time for the disease and the | ||
animal
has been tested negative for the specific disease or | ||
there is no evidence that
the animal is contagious, except for | ||
animals exposed to Johne's disease.
Animals originating from a | ||
herd where Johne's disease has been diagnosed will
be | ||
considered no longer "exposed to" with a negative test. The | ||
negative test
must have been conducted within 30 days prior to | ||
the sale or movement.
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"Swap meet" means an organized event where animals | ||
including, but not limited to, dogs, cats, birds, fish, | ||
reptiles, or other animals customarily obtained as pets, are | ||
sold, traded, or exchange hands.
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(Source: P.A. 93-980, eff. 8-20-04.)
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(510 ILCS 50/2) (from Ch. 8, par. 169)
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Sec. 2. It is the duty of the Department to investigate all | ||
cases or
alleged cases coming to its knowledge of contamination | ||
or contagious and infectious diseases
among animals within the | ||
State and to provide for the suppression,
prevention, and | ||
extirpation of contamination or infectious and contagious | ||
diseases of such
animals.
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The Department may make and adopt reasonable rules and | ||
regulations for
the administration and enforcement of the | ||
provisions of this Act. No rule
or regulation made, adopted or | ||
issued by the Department pursuant to the
provisions of this Act | ||
shall be effective unless such rule or regulation
has been | ||
submitted to the Advisory Board of Livestock Commissioners for
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approval. All rules of the Department, and all amendments or | ||
revocations of
existing rules, shall be recorded in an | ||
appropriate book or books, shall be
adequately indexed, shall | ||
be kept in the office of the Department, and
shall constitute a | ||
public record. Such rules shall be printed in pamphlet
form and | ||
furnished, upon request, to the public free of cost.
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(Source: P.A. 77-108.)
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(510 ILCS 50/3) (from Ch. 8, par. 170)
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Sec. 3. Upon its becoming known to the Department that any | ||
animals are
infected, or suspected of being infected, with any | ||
contagious or infectious
disease, or contaminated with any | ||
chemical or radiological substance, the
Department shall have | ||
the authority to quarantine and to cause proper examination | ||
thereof to
be made. If
;
and if such disease is found to be of a | ||
dangerously contagious
or dangerously infectious nature, or | ||
the contamination level is such that may be harmful to humans | ||
or other animals, the Department shall order such
diseased or | ||
contaminated animals and such
as have been exposed to such | ||
disease or contamination, and the premises in or on which they
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are, or have recently occupied, to be quarantined. The | ||
Department shall also have the authority to issue area-wide | ||
quarantines on animals and premises in order to control the | ||
spread of the dangerously contagious or infectious disease and | ||
to reduce the spread of contamination. The Department may, in
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connection with any such quarantine, order that no
animal which | ||
has been or
is so diseased, contaminated, or exposed to such | ||
disease or contamination, may be removed from the
premises so | ||
quarantined and that no animal susceptible to such disease
or | ||
contamination may be brought therein or thereon, except under | ||
such rules as the Department
may prescribe.
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(Source: P.A. 90-385, eff. 8-15-97.)
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(510 ILCS 50/4) (from Ch. 8, par. 171)
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Sec. 4. The Department may order the slaughter of any or | ||
all of such
diseased, contaminated, or exposed animals.
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The Department may disinfect, and, if they cannot be | ||
properly
disinfected, may destroy, all barns, stables, | ||
outbuildings, premises and
personal property contaminated or | ||
infected with any such contaminant or contagious or infectious | ||
disease
as in its judgment is necessary to prevent the spread | ||
of any such contaminant or disease;
and may order the | ||
disinfection of all cars, boats or other vehicles used in
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transporting animals affected with any such contaminant or | ||
disease, or that have been
exposed to the contaminant, | ||
contagion, or infection thereof, and the disinfection of all
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yards, pens and chutes that may have been used in handling such | ||
contaminated, diseased, or
exposed animals.
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(Source: Laws 1961, p. 3164.)
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(510 ILCS 50/6) (from Ch. 8, par. 173)
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Sec. 6. Whenever quarantine is established in accordance | ||
with the
provisions of this Act, notice shall be given by | ||
delivery in person or by
mailing by registered or certified | ||
mail, postage prepaid, to the owner or
occupant of any premises | ||
so quarantined. Such notice shall be written or
printed, or | ||
partly written and partly printed, with an explanation of the
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contents thereof. Such quarantine shall be sufficiently proved | ||
in any court
by the production of a true copy of such notice of | ||
quarantine together with
an affidavit, sworn to by the officer | ||
or employee of the Department who
delivered or mailed such | ||
notice, containing a statement that the original
thereof was | ||
delivered or mailed in the manner herein prescribed.
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Every quarantine so established shall remain in effect | ||
until removed by
order of the Department. Any person aggrieved | ||
by any quarantine may appeal
to the Department which shall | ||
thereupon sustain, modify or annul the
quarantine as it may | ||
deem proper. Quarantines will be removed when epidemiological | ||
evidence indicates that the disease or contamination threat to | ||
humans or other animals no longer exists.
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(Source: Laws 1967, p. 905.)
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(510 ILCS 50/9) (from Ch. 8, par. 176)
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Sec. 9. The Department may promulgate and adopt reasonable | ||
rules and regulations
to prevent the spread of any | ||
contamination or contagious or infectious disease within this
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State. If the condition so warrants, the Director may request | ||
the Governor
to issue a proclamation quarantining an affected | ||
municipality or geographical
district whereby all animals of | ||
the kind diseased or contaminated would not be permitted
to be | ||
moved from one premises to another within the municipality or | ||
geographical
district,
or over any public highway, or any | ||
unfenced lot or piece of ground, or from
being brought into, or | ||
taken from the infected or contaminated municipality or | ||
geographical
district, except by a special permit, signed by | ||
the Director. Any such proclamation
shall, from
the time of its | ||
publication, bind all persons. Within one week after the
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publication of any such proclamation, every person who owns, or | ||
who is in
charge of animals of the kind diseased or | ||
contaminated
within the municipality or geographical district, | ||
shall report to the
Department the number and description of | ||
such animals, their location,
and the name and address of the | ||
owner or person in charge, and during
the continuance of the | ||
quarantine to report to the Department all cases
of sickness, | ||
deaths or births among such animals.
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(Source: P.A. 81-196.)
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(510 ILCS 50/10) (from Ch. 8, par. 177)
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Sec. 10. The Department may promulgate and adopt reasonable | ||
rules and regulations
to prevent the entry into Illinois of any | ||
animals which may be contaminated or infected
with, or which | ||
may have been exposed to, any contaminant or contagious or | ||
infectious disease.
If the condition so warrants, the Director | ||
may request the Governor to issue
a proclamation whereby any | ||
animals contaminated or diseased or those exposed to disease
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and any carcasses or portions of carcasses, feed, seed, | ||
bedding, equipment
or other material capable of conveying | ||
contamination or infection will be prohibited from
entering | ||
Illinois.
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(Source: P.A. 81-196.)
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(510 ILCS 50/13) (from Ch. 8, par. 180)
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Sec. 13. The Department shall cooperate with any | ||
commissioner or other
officer appointed by the United States | ||
authorities, in connection with
carrying out any provision of | ||
any United States Statute providing for the
suppression and | ||
prevention of contamination or contagious and infectious | ||
diseases among
animals, in suppression and preventing the | ||
spread of contamination or contagious and
infectious diseases | ||
among animals in this State.
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The inspectors of the Animal Health Division of the United | ||
States
Department of Agriculture and the Illinois Department of | ||
Agriculture have
the right of inspection, quarantine and
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condemnation of animals affected with any contamination or | ||
contagious or infectious disease,
or suspected to be so | ||
affected, or that have been exposed to any such
contamination | ||
or disease, and for these purposes are authorized to enter upon | ||
any ground or
premises. Such inspectors may call on sheriffs | ||
and peace officers to assist
them in the discharge of their | ||
duties in carrying out the provisions of any
such statute, | ||
referred to in the preceding paragraph, and the sheriffs and
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peace officers shall assist such inspectors when so requested. | ||
Such
inspectors shall have the same powers and protection as | ||
peace officers
while engaged in the discharge of their duties.
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(Source: P.A. 91-457, eff. 1-1-00.)
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(510 ILCS 50/20) (from Ch. 8, par. 187)
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Sec. 20. Any person who knowingly transports, receives or | ||
conveys
into this State any animals, carcasses or portions of | ||
carcasses, feed, seed,
bedding, equipment, or other material | ||
capable of conveying
contamination or infection as defined and | ||
prohibited in a proclamation issued by the Governor
under the | ||
provisions of Section 10 of this Act is guilty of a business | ||
offense,
and upon conviction thereof
shall be fined not less | ||
than $1,000 nor more than $10,000, for each
offense, and shall | ||
be liable for all damages or loss that may be
sustained by any | ||
person by reason of such importation of such prohibited
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animals, or prohibited materials, which penalty may be | ||
recovered in the
circuit court in any county in this State into | ||
or through which such
animals or materials are brought.
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(Source: P.A. 81-196.)
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(510 ILCS 50/21) (from Ch. 8, par. 188)
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Sec. 21. Any person who, knowing that any contamination or | ||
contagious or infectious disease exists
among his animals, | ||
conceals such fact, or knowing of the existence of such
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disease, sells any animal or animals so contaminated or | ||
diseased, or any exposed animal, or
knowing the same, removes | ||
any such contaminated, diseased, or exposed animal from his
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premises to the premises of another, or along any public | ||
highway, or
knowing of the existence of such contamination, | ||
disease, or exposure thereto, transports,
drives, leads or | ||
ships any animal so contaminated, diseased, or exposed, by any | ||
motor
vehicle, car or steamboat, to any place in or out of this | ||
State; and any
person who brings any such contaminated or | ||
diseased, or knowingly, brings any such contaminated or exposed
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animals into this State from another state; and any person who | ||
knowingly
buys, receives, sells, conveys, or engages in the | ||
traffic of such contaminated, diseased,
or exposed stock, and | ||
any person who violates any quarantine regulation
established | ||
under the provisions of this or any other Act, for each,
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either, any or all
acts above mentioned in this Section, is | ||
guilty of a petty offense and
shall forfeit all right to any | ||
compensation for any animal or property
destroyed under the | ||
provisions of this Act.
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(Source: P.A. 91-457, eff. 1-1-00.)
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(510 ILCS 50/22) (from Ch. 8, par. 189)
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Sec. 22. Any veterinarian having information of the | ||
existence of any contamination or reportable disease
among | ||
animals in this State, who fails to
promptly
report such | ||
knowledge to the Department, shall be guilty of a
business | ||
offense and shall be fined in any sum not exceeding $1,000 for | ||
each
offense.
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(Source: P.A. 90-385, eff. 8-15-97.)
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(510 ILCS 50/24) (from Ch. 8, par. 191)
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Sec. 24. Any owner or person having charge of any animal | ||
and
having
knowledge of, or reasonable grounds to suspect the | ||
existence among them of any
contamination or contagious or
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infectious disease and who does not use reasonable means to | ||
prevent the
spread of such contamination or disease or violates | ||
any quarantine; or who conveys upon or
along any public highway | ||
or
other public grounds or any private lands, any contaminated | ||
or diseased animal,
or animal
known to have died of, or been | ||
slaughtered on account of, any contamination or contagious or
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infectious disease, except in the case of transportation for | ||
medical
treatment
or diagnosis, shall be liable in damages to | ||
the person or persons who
may have suffered loss on account | ||
thereof.
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(Source: P.A. 90-385, eff. 8-15-97; 91-457, eff. 1-1-00.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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