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91_HB2826
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1 AN ACT in relation to livestock, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Civil Administrative Code of Illinois is
5 amended by changing Section 6.01 as follows:
6 (20 ILCS 5/6.01) (from Ch. 127, par. 6.01)
7 Sec. 6.01. In the Department of Agriculture. A Board of
8 Agricultural Advisors composed of 17 persons engaged in
9 Agricultural industries, including representatives of the
10 agricultural press and of the State Agricultural Experiment
11 Station.
12 An Advisory Board of Livestock Commissioners to consist
13 of 25 24 persons. The Board shall consist of the
14 administrator of animal disease programs, the Dean of the
15 College of Agriculture of the University of Illinois, the
16 Dean of the College of Veterinary Medicine of the University
17 of Illinois, and commencing on January 1, 1990 the Deans or
18 Chairmen of the Colleges or Departments of Agriculture of
19 Illinois State University, Southern Illinois University and
20 Western Illinois University in that order who shall each
21 serve for 1 year terms, provided that commencing on January
22 1, 1993 such terms shall be for 2 years in the same order,
23 the Director of Public Health, the Director of Natural
24 Resources, the chairman of the Agriculture, Conservation and
25 Energy Committee of the Senate, the chairman of the Committee
26 on Agriculture of the House of Representatives, who shall
27 ex-officio be members thereof and 17 additional persons
28 interested in the prevention, elimination and control of
29 diseases of domestic animals and poultry shall be appointed
30 by the Governor to serve at his pleasure. An appointed
31 member's office becomes vacant upon his absence from 3
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1 consecutive meetings. Of such additional persons, one shall
2 be a representative of breeders of beef cattle, one shall be
3 a representative of breeders of dairy cattle, one shall be a
4 representative of breeders of dual purpose cattle, one shall
5 be a representative of breeders of swine, one shall be a
6 representative of poultry breeders, one shall be a
7 representative of sheep breeders, one shall be a veterinarian
8 licensed in this State, one shall be a representative of
9 general or diversified farming, one shall be a representative
10 of deer or elk breeders the public stockyards, one shall be a
11 representative of Livestock Auction Markets, one shall be a
12 representative of cattle feeders, one shall be a
13 representative of pork producers, one shall be a
14 representative of the State licensed meat packers, one shall
15 be a representative of canine breeders, one shall be a
16 representative of equine breeders, one shall be a
17 representative of the Illinois licensed renderers, and one
18 shall be a representative of livestock dealers. The members
19 shall receive no compensation but shall be reimbursed for
20 expenses necessarily incurred in the performance of their
21 duties. In the appointment of such Advisory Board of
22 Livestock Commissioners, the Governor shall consult with
23 representative persons and recognized organizations in the
24 respective fields concerning such appointments.
25 Rules and regulations of the Department of Agriculture
26 pertaining to the prevention, elimination and control of
27 diseases of domestic animals and poultry shall be submitted
28 to the Advisory Board of Livestock Commissioners for approval
29 at its duly called meeting. The chairman of the Board shall
30 certify the official minutes of the Board's action and shall
31 file the certified minutes with the Department of Agriculture
32 within 30 days after the proposed rules and regulations are
33 submitted and before they are promulgated and made effective.
34 If the Board fails to take action within 30 days this
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1 limitation shall not apply and such rules and regulations may
2 be promulgated and made effective. In the event it is deemed
3 desirable the Board may hold hearings upon such rules and
4 regulations or proposed revisions. The Board members shall be
5 familiar with the Acts relating to the prevention,
6 elimination and control of diseases among domestic animals
7 and poultry. The Department shall, upon the request of a
8 Board member, advise with such Board concerning the
9 administration of the respective Acts.
10 The Director of Agriculture or his representative from
11 the Department shall act as chairman of the Board. The
12 Director shall call meetings thereof from time to time or
13 when requested by 3 or more appointed members of the Board. A
14 quorum of appointed members must be present to convene an
15 official meeting. The chairman and ex-officio members shall
16 not be included in a quorum call. Ex-officio members may be
17 represented by a duly authorized representative from their
18 Department, Division, College or Committee. Appointed members
19 shall not be represented at a meeting by another person.
20 Ex-officio members and appointed members shall have the right
21 to vote on all proposed rules and regulations; voting that in
22 effect would pertain to approving rules and regulations shall
23 be taken by an oral roll call. No member shall vote by proxy.
24 The chairman shall not vote except in the case of a tie vote.
25 Any member ex-officio or appointed may ask for and shall
26 receive an oral roll call on any motion before the Board. The
27 Department shall provide a clerk to take minutes of the
28 meetings and record transactions of the Board. The Board, by
29 oral roll call, may require an official Court Reporter to
30 record the minutes of the meetings.
31 (Source: P.A. 86-232.)
32 Section 10. The Livestock Auction Market Law is amended
33 by changing Sections 1, 7, 8a, and 10a as follows:
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1 (225 ILCS 640/1) (from Ch. 121 1/2, par. 208)
2 Sec. 1. Definitions. When used in this Act:
3 "Person" means any person, firm, partnership, or
4 corporation.
5 "Department" means the Department of Agriculture of the
6 State of Illinois.
7 "Director" means the Director of the Illinois Department
8 of Agriculture, or his duly appointed representative.
9 "Livestock" means cattle, swine, sheep, equidae, and
10 goats.
11 "Livestock auction market" means any sale or exchange of
12 livestock held by any person at an established place of
13 business or premises where the livestock is assembled for
14 sale or exchange and is sold or exchanged at auction at
15 regular or irregular intervals, but more frequently than 3
16 times during the preceding 12 months.
17 "Consignor" means any person consigning, shipping, or
18 delivering livestock to a livestock auction market for sale,
19 resale, or exchange.
20 "Operator of a livestock auction market" means any person
21 holding, conducting, or carrying on a livestock auction
22 market.
23 "Marketing center" means an approved livestock facility
24 (stockyard or livestock market under State and federal
25 veterinary supervision) where livestock is assembled and that
26 has been approved by the United States Department of
27 Agriculture. a licensed livestock auction market which has
28 been so designated by the Illinois Department of Agriculture
29 and the United States Department of Agriculture as a
30 marketing center after having qualified under the rules and
31 regulations of the State Department of Agriculture and the
32 United States Department of Agriculture and is operated under
33 the supervision of an accredited veterinarian approved by the
34 Illinois Department of Agriculture.
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1 "Consignment" means a document issued by the owner or
2 shipper of livestock, designating the name of the owner
3 and/or shipper; place of origin; stockyards, State or Federal
4 approved slaughtering establishment, or marketing center of
5 destination; date of shipment; and number and description of
6 livestock, certified to by the owner or shipper, kept in
7 possession of the carrier and delivered to a stockyards,
8 State or Federal approved slaughtering establishment, or
9 marketing center of destination upon acceptance. This
10 consignment shall be held by the stockyards, State or Federal
11 approved slaughtering establishment, or marketing center for
12 a period of not less than 6 months for inspection by the
13 legally authorized officials of the United States Department
14 of Agriculture and the Illinois Department of Agriculture and
15 other officials having police powers.
16 (Source: P.A. 89-154, eff. 1-1-96.)
17 (225 ILCS 640/7) (from Ch. 121 1/2, par. 214)
18 Sec. 7. Each operator of a livestock auction market
19 shall keep the following records for each lot of livestock
20 consigned to or sold through such livestock auction market:
21 (a) The name and address of the consignor;
22 (b) A description of the livestock, which includes the
23 kind, approximate age, the sex, and any marks, brands or
24 other distinguishing or identifying marks;
25 (c) The method by which the livestock was delivered to
26 the livestock auction market and, in the case of livestock
27 delivered by motor vehicle, the name of the operator, the
28 model, manufacturer, and the State license number of such
29 motor vehicle;
30 (d) The name and address of the purchaser of such
31 livestock;
32 (e) The price for which the livestock was sold or
33 exchanged and the commission or other fees charged by the
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1 livestock auction market;
2 (e-5) For equidae only, the date of the test for equine
3 infectious anemia;
4 (f) There shall be forwarded to the Department within 72
5 hours after date of each consignment sold for slaughter a
6 certification of slaughter, or certification of shipment, on
7 forms prescribed by the Department, or a purchaser's invoice.
8 The purchaser's invoice shall contain information relative to
9 resale of slaughter consignments as prescribed by the
10 Department as well as the name and address of purchaser,
11 number, description, and weight of animals and destination of
12 each consignment; and.
13 (g) Any health certificates accompanying shipments.
14 Such records shall be kept by the operator of a livestock
15 auction market at the establishment or premises where the
16 sale is held and conducted or such other convenient place as
17 may be approved by the Department. Such records shall be open
18 for inspection by authorized Department personnel of this
19 State at all reasonable times and shall be retained and
20 preserved for a period of at least 2 years.
21 (Source: P.A. 89-463, eff. 5-31-96.)
22 (225 ILCS 640/8a) (from Ch. 121 1/2, par. 215a)
23 Sec. 8a. The Department is authorized to adopt rules and
24 regulations for the operation of marketing centers, and All
25 marketing centers designated by the Department and the United
26 States Department of Agriculture shall be operated according
27 to Department such rules and regulations concerning market
28 centers and all other livestock auction market rules and
29 regulations not inconsistent with the rules and regulations
30 governing marketing centers.
31 (Source: Laws 1967, p. 728.)
32 (225 ILCS 640/10a) (from Ch. 121 1/2, par. 217a)
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1 Sec. 10a. Nothing in this Act shall be construed as
2 preventing the movement of livestock into stockyards
3 registered under the Packers and Stockyards Act, a
4 State-Federal approved slaughtering establishment or a
5 marketing center approved by the United States Department of
6 Agriculture and the Illinois Department of Agriculture as
7 defined in this Act and operating under the rules and
8 regulations pertaining to marketing centers. The United
9 States Department of Agriculture or the Illinois Department
10 of Agriculture has the authority, however, to prohibit the
11 entry into, or movement within, or sale of diseased animals.
12 (Source: P.A. 76-734.)
13 Section 15. The Illinois Livestock Dealer Licensing Act
14 is amended by changing Section 17 as follows:
15 (225 ILCS 645/17) (from Ch. 111, par. 417)
16 Sec. 17. Each licensee shall maintain records of each
17 purchase under this Act including identification of livestock
18 purchased, the name and address of the seller, and the date
19 of purchase, and a record of each sale, including date,
20 buyer, number and identification of animals. All reports of
21 sales of female feeder cattle must be mailed to the
22 Department weekly on forms furnished by the Department.
23 These records along with any accompanying health
24 certificates shall be maintained for a period of 3 years.
25 (Source: P.A. 83-760.)
26 Section 20. The Illinois Bovine Brucellosis Eradication
27 Act is amended by changing Sections 1.9 and 6.4 as follows:
28 (510 ILCS 30/1.9) (from Ch. 8, par. 134.9)
29 Sec. 1.9. The term "public stockyards" means the National
30 Stockyards at National Stock Yards, Illinois; and the Union
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1 Stockyards at Peoria, Illinois.
2 (Source: P.A. 87-160.)
3 (510 ILCS 30/6.4) (from Ch. 8, par. 139.4)
4 Sec. 6.4. Female cattle of the beef breeds 18 months of
5 age or older. Female cattle of the beef breeds 18 months of
6 age and over, for feeding and grazing purposes only, may
7 enter the State, or may be shipped from public stockyards
8 within the State; provided that, such cattle are accompanied
9 by an official certificate of health which states they were
10 negative to an official test for brucellosis within 30 days
11 prior to date of entry, which test shall be conducted by a
12 State or Federal approved laboratory, or are under 24 months
13 of age and were officially calfhood vaccinated.
14 (Source: P.A. 78-818.)
15 Section 25. The Illinois Bovidae and Cervidae
16 Tuberculosis Eradication Act is amended by changing Section
17 17a and adding Sections 1.14 and 1.15 as follows:
18 (510 ILCS 35/1.14 new)
19 Sec. 1.14. Auction market. "Auction market" means a
20 licensed livestock facility (stockyard or livestock market
21 under State and federal veterinary supervision) where
22 livestock is assembled.
23 (510 ILCS 35/1.15 new)
24 Sec. 1.15. Marketing center. "Marketing center" means
25 an approved livestock facility (stockyard or livestock market
26 under State and federal veterinary supervision) where
27 livestock is assembled and that has been approved by the U.S.
28 Department of Agriculture under the rules pertaining to an
29 approved livestock facility.
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1 (510 ILCS 35/17a) (from Ch. 8, par. 103.1)
2 Sec. 17a. Application of Act. This Act shall not prevent
3 the movement of cattle, bison, sheep, goats, antelope, or
4 cervids into stockyards registered under the Packers and
5 Stockyards Act, a State-Federal approved slaughtering
6 establishment or a marketing center approved by the United
7 States Department of Agriculture and the Illinois Department
8 of Agriculture as defined in the Illinois Livestock Auction
9 Market Law, and operating under the rules and regulations
10 pertaining to marketing centers.
11 (Source: P.A. 90-192, eff. 7-24-97.)
12 Section 30. The Illinois Diseased Animals Act is amended
13 by changing Sections 1, 5, 13, 17, 21, and 24 as follows:
14 (510 ILCS 50/1) (from Ch. 8, par. 168)
15 Sec. 1. For the purposes of this Act:
16 "Department" means the Department of Agriculture of the
17 State of Illinois.
18 "Director" means the Director of the Illinois Department
19 of Agriculture, or his duly appointed representative.
20 "Contagious or infectious disease" means a specific
21 disease designated by the Department as contagious or
22 infectious under rules pertaining to this Act.
23 "Reportable disease" means a specific disease designated
24 by the Department as reportable under rules pertaining to
25 this Act.
26 "Animals" means domestic animals, poultry, and wild
27 animals in captivity.
28 "Exposed to" means for an animal to come in contact with
29 another animal or an environment that is capable of
30 transmitting a contagious, infectious, or reportable disease.
31 An animal will no longer be considered as "exposed to" when
32 it is beyond the standard incubation time for the disease and
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1 the animal has been tested negative for the specific disease
2 or there is no evidence that the animal is contagious, except
3 for animals exposed to Johne's disease. Animals originating
4 from a herd where Johne's disease has been diagnosed will be
5 considered no longer "exposed to" with a negative test. The
6 negative test must have been conducted within 30 days prior
7 to the sale or movement.
8 (Source: P.A. 90-385, eff. 8-15-97.)
9 (510 ILCS 50/5) (from Ch. 8, par. 172)
10 Sec. 5. When the Department determines that any animal is
11 affected with, or has been exposed to, any contagious or
12 infectious disease, it may agree with the owner upon the
13 value of the animal or of any property that it may be found
14 necessary to destroy, and in case such an agreement cannot be
15 made, the animals or property shall be appraised by three
16 competent and disinterested appraisers, one to be selected by
17 the Department, one by the claimant, and one by the two
18 appraisers thus selected. The appraisers shall subscribe to
19 an oath in writing to fairly value such animals or property
20 in accordance with the requirements of this Act, which oath,
21 together with the valuation fixed by the appraisers, shall be
22 filed with the Department and preserved by it.
23 Upon the appraisement being made, the owner or the
24 Department shall immediately destroy the animals in
25 accordance with the Animal Control Act, dispose of the
26 carcasses thereof, and disinfect, change or destroy the
27 premises occupied by the animals, in accordance with rules
28 prescribed by the Department governing such destruction and
29 disinfection, and upon his failure so to do or to cooperate
30 with the Department, the Department shall cause such animals
31 or property to be destroyed and disposed of, and thereupon
32 the owner shall forfeit all right to receive any compensation
33 for the destruction of the animals or property.
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1 (Source: Laws 1943, vol. 1, p. 24.)
2 (510 ILCS 50/13) (from Ch. 8, par. 180)
3 Sec. 13. The Department shall cooperate with any
4 commissioner or other officer appointed by the United States
5 authorities, in connection with carrying out any provision of
6 any United States Statute providing for the suppression and
7 prevention of contagious and infectious diseases among
8 animals, in suppression and preventing the spread of
9 contagious and infectious diseases among animals in this
10 State.
11 The inspectors of the Animal Health Division of the
12 United States Department of Agriculture and the Illinois
13 Department of Agriculture have the right of inspection,
14 quarantine and condemnation of animals affected with any
15 contagious or infectious disease, or suspected to be so
16 affected, or that have been exposed to any such disease, and
17 for these purposes are authorized to enter upon any ground or
18 premises. Such inspectors may call on sheriffs and peace
19 officers to assist them in the discharge of their duties in
20 carrying out the provisions of any such statute, referred to
21 in the preceding paragraph, and the sheriffs and peace
22 officers shall assist such inspectors when so requested. Such
23 inspectors shall have the same powers and protection as peace
24 officers while engaged in the discharge of their duties.
25 (Source: Laws 1967, p. 905.)
26 (510 ILCS 50/17) (from Ch. 8, par. 184)
27 Sec. 17. When any cattle, swine, sheep or other domestic
28 animals herein specified are consigned for delivery within
29 the confines of the State of Illinois any public stock yards,
30 they shall not be diverted en route or delivered to the owner
31 or consignee at any other point within the State of Illinois,
32 except that named in the original billing.
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1 (Source: Laws 1943, vol. 1, p. 24.)
2 (510 ILCS 50/21) (from Ch. 8, par. 188)
3 Sec. 21. Any person who, knowing that any contagious or
4 infectious disease exists among his animals, conceals such
5 fact, or knowing of the existence of such disease, sells any
6 animal or animals so diseased, or any exposed animal, or
7 knowing the same, removes any such diseased or exposed animal
8 from his premises to the premises of another, or along any
9 public highway, or knowing of the existence of such disease,
10 or exposure thereto, transports, drives, leads or ships any
11 animal so diseased or exposed, by any motor vehicle, car or
12 steamboat, to any place in or out of this State; and any
13 person who brings any such diseased, or knowingly, brings any
14 such exposed animals into this State from another state; and
15 any person who knowingly buys, receives, sells, conveys, or
16 engages in the traffic of such diseased or exposed stock, and
17 any person who violates any quarantine regulation established
18 under the provisions of this or any other Act, for each,
19 either, any or all acts above mentioned in this Section, is
20 guilty of a petty offense and shall forfeit all right to any
21 compensation for any animal or property destroyed under the
22 provisions of this Act.
23 (Source: P.A. 78-255.)
24 (510 ILCS 50/24) (from Ch. 8, par. 191)
25 Sec. 24. Any owner or person having charge of any animal
26 and having knowledge of, or reasonable grounds to suspect the
27 existence among them of any contagious or infectious disease
28 and who does not use reasonable means to prevent the spread
29 of such disease or violates any quarantine; or who conveys
30 upon or along any public highway or other public grounds or
31 any private lands, any diseased animal, or animal known to
32 have died of, or been slaughtered on account of, any
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1 contagious or infectious disease, except in the case of
2 transportation for medical treatment or diagnosis, shall be
3 liable in damages to the person or persons who may have
4 suffered loss on account thereof.
5 (Source: P.A. 90-385, eff. 8-15-97.)
6 Section 35. The Illinois Swine Brucellosis Eradication
7 Act is amended by changing Sections 3 and 6a as follows:
8 (510 ILCS 95/3) (from Ch. 8, par. 148h)
9 Sec. 3. An official test for the intrastate movement of
10 swine shall be conducted by any official State or Federal
11 laboratory, except that an accredited veterinarian may
12 conduct such test when performing his official duties at a
13 stockyards registered under the Packers and Stockyards Act or
14 at a marketing center that has been approved by the U.S.
15 Department of Agriculture under the rules pertaining to an
16 approved livestock facility. livestock auction market
17 licensed under the Illinois Livestock Auction Market Law. All
18 such tests shall be reported to the Department within 7 days
19 of completion, upon forms provided by the Department.
20 (Source: P.A. 76-226.)
21 (510 ILCS 95/6a) (from Ch. 8, par. 148k.1)
22 Sec. 6a. Nothing in this Act shall be construed as
23 preventing the movement of swine into stockyards registered
24 under the Packers and Stockyards Act, a State-Federal
25 approved slaughtering establishment or a marketing center
26 approved by the United States Department of Agriculture and
27 the Illinois Department of Agriculture, as defined in the
28 Illinois Livestock Auction Market Law, and operating under
29 the rules and regulations pertaining to marketing centers.
30 (Source: P.A. 76-226.)
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1 (510 ILCS 80/Act rep.)
2 Section 40. The Livestock Record Act is repealed.
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1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 5/6.01 from Ch. 127, par. 6.01
4 225 ILCS 640/1 from Ch. 121 1/2, par. 208
5 225 ILCS 640/7 from Ch. 121 1/2, par. 214
6 225 ILCS 640/8a from Ch. 121 1/2, par. 215a
7 225 ILCS 640/10a from Ch. 121 1/2, par. 217a
8 225 ILCS 645/17 from Ch. 111, par. 417
9 510 ILCS 30/1.9 from Ch. 8, par. 134.9
10 510 ILCS 30/6.4 from Ch. 8, par. 139.4
11 510 ILCS 35/1.14 new
12 510 ILCS 35/1.15 new
13 510 ILCS 35/17a from Ch. 8, par. 103.1
14 510 ILCS 50/1 from Ch. 8, par. 168
15 510 ILCS 50/5 from Ch. 8, par. 172
16 510 ILCS 50/13 from Ch. 8, par. 180
17 510 ILCS 50/17 from Ch. 8, par. 184
18 510 ILCS 50/21 from Ch. 8, par. 188
19 510 ILCS 50/24 from Ch. 8, par. 191
20 510 ILCS 95/3 from Ch. 8, par. 148h
21 510 ILCS 95/6a from Ch. 8, par. 148k.1
22 510 ILCS 80/Act rep.