HB4709 100TH GENERAL ASSEMBLY

LRB100 17499 SLF 32668 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4709

Introduced , by Rep. Sue Scherer

SYNOPSIS AS INTRODUCED:

510 ILCS 20/1a	from Ch. 8, par. 123a
510 ILCS 20/2	from Ch. 8, par. 124
510 ILCS 20/2-1.5 new
510 ILCS 20/2b	from Ch. 8, par. 124b
510 ILCS 20/2c	from Ch. 8, par. 124c

Amends the Bees and Apiaries Act. Provides that every person who keeps bees and who has registered with the Department of Agriculture who obtains additional colonies from capturing swarms, colony divisions, or any other source within the State shall report the additional colonies to the Department during the designated annual registration period. Provides that a beekeeper shall obtain limits on liability who signs a Honey Bee Best Management Practices compliance agreement to be kept on file with the Department and voluntarily conforms with the Honey Bee Best Management Practices. Provides that a person who keeps bees and who has registered them with the Department is required to report to the Department additional colonies obtained as packaged bees and any honey bee queens imported within 10 days of acquisition. Provides that a person who plans to import bees for the express purpose of pollination service, honey production, or permanent location shall request a permit for entry from the Department at least 10 days prior to the arrival of the bees. Provides that a valid inspection certificate from the state of origin identifying any bee diseases that are affecting the bees and the extent of any bee diseases, if any, shall accompany the request. Provides that if the incident of bee disease is, in the judgment of the Director, that chemical treatment may be successful, the apiary owner shall treat the affected colonies as directed. Defines "Africanized honey bee", "queen", "undeveloped property", and "water supply". Makes other changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning animals.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Bees and Apiaries Act is amended by changing Sections 1a, 2, 2b, and 2c and by adding Section 2-1.5 as follows:

(510 ILCS 20/1a) (from Ch. 8, par. 123a)

Sec. 1a. Definitions. As used in this Act, unless the context otherwise requires:

"Abate" means the destruction or disinfection of bees, colonies, or items of bee equipment by burning or by treatment specified by the Department.

"Africanized honey bee" means a hybrid of the African honey bee with various European honey bees that is far more aggressive than the European subspecies.

"Apiary" means a place where one or more hives or colonies of bees are kept.

"Bee diseases" means any infectious or contagious diseases of bees as specified by the Department, including but not limited to American foulbrood.

"Bee equipment" means hives, supers, frames, or any other devices used in beekeeping.

"Bee parasites" means any parasite of bees as specified by the Department.

"Beekeeper" means a person who keeps bees.

"Beekeeping" means the raising or producing of bees, beeswax, honey, and by-products and the transporting of bees, colonies or items of bee equipment.

"Bees" means the common honey bee, Apis mellifera (L) in any stage of its life cycle.

"Colony" means the entire honey bee family or social unit living together.

"Compliance agreement" means a written agreement between a registrant or other person handling or moving bees, colonies or items of bee equipment and the Department, in which the former agrees to specified conditions or requirements so as to remain in compliance with the terms of this Act.

"Department" means the Illinois Department of Agriculture.

"Director" means the Director of the Illinois Department of Agriculture or his or her authorized agent.

"Exotic strain of bees" means any developed strain of bees not known to be present ordinarily in the State as specified by the Department.

"Hive" means a frame hive, box hive, box, barrel, log gum, skep or any other receptacle or container, natural or artificial, or any part thereof, which is used or employed as a domicile for bees.

"Inspection certificate" means an official record stating that the bees, colonies, or items of bee equipment have been inspected by an inspector of apiaries or other officer charged with similar duties from this State or other states for bee diseases, bee parasites or other nuisances and found to be in compliance with this Act or Illinois entry requirements.

"Nuisance" means bees, colonies, or items of bee equipment where bee diseases, bee parasites or exotic strains of bees exist; or hives that cannot be readily inspected; or colonies that are not registered.

"Packages" means bees with or without food supply in special containers for their transportation.

"Permit" means a statement of authorization to allow bees, colonies, or items of bee equipment to enter the State or to move within the State whether or not an inspection certificate is available.

"Person" means any individual, firm, partnership, association, corporation, or other organized group of persons whether incorporated or not.

"Registrant" means the person applying for registration of the apiary or apiaries and the colonies of bees.

"Registration" means the recording of the registrant's name, address, apiary location and any other pertinent information on a printed form prescribed by the Department.

"Queen" means an adult, mated female that lives in a honey bee colony or hive.

"Undeveloped property" means any idle land that has no structures or facilities intended for human use or occupancy, including property used exclusively for streets, highways, or commercial agriculture.

"Water supply" means an available source that could be used for water including, but not limited to, a water tap, hose, pool, hot tub, stream, pond, or puddle.

(Source: P.A. 88-138.)

(510 ILCS 20/2) (from Ch. 8, par. 124)

Sec. 2. Registration.

(a) Every person keeping one or more colonies of bees shall register with the Department annually.

(b) Every person keeping one or more colonies of bees may be required to post his or her registration number in a prominent place within each apiary under his or her control.

(c) Every person who keeps bees and who has registered with the Department who obtains additional colonies from capturing swarms, colony divisions, or any other source within this State shall report the additional colonies to the Department during the designated annual registration period.

(Source: P.A. 88-138.)

(510 ILCS 20/2-1.5 new)

Sec. 2-1.5. Limits on liability.

(a) A beekeeper shall obtain limits on liability who:

(1) signs a Honey Bee Best Management Practices compliance agreement to be kept on file with the Department; and

(2) voluntarily conforms with the Honey Bee Best Management Practices contained in subsection (b) of this Section.

(b) The contents of the Honey Bee Best Management Practices shall provide that:

(1) a beekeeper shall post a honey bee caution sign in or near the apiary;

(2) a beekeeper shall limit the number of hives in relation to property lot size as follows:

(A) less than 1/2 acre is limited to 4 colonies;

(B) more than 1/2 acre, less than one acre is limited to 6 colonies;

(C) one acre or more is limited to 8 colonies; or

(D) regardless of lot size, if all hives are situated at least 200 feet in any direction from all property lines of the lot on which the apiary is situated, or as long as all adjoining property that falls within a 200 feet radius of any hive is undeveloped property, there shall be no limit on the number of hives;

(3) hive entrances shall fly away from neighboring property and in a direction that bees fly across the beekeeper's property at a sufficient distance to gain a height of 6 feet; if the bordering property is within a distance of 50 feet, the use of barriers such as hedges, shrubs, or fencing shall be employed to redirect the bees' flight pathway and establish bee flight pathways above head height;

(4) a beekeeper shall maintain a water source near the colonies at a distance less than the nearest unnatural water supply;

(5) an apiary shall not be kept within 50 feet of an established animal that is tethered, kenneled, or otherwise prevented from release;

(6) a beekeeper shall avoid opening colonies for inspection or manipulation if neighbors are present or in the immediate vicinity;

(7) a beekeeper shall avoid purchasing queens and bees from areas that are documented as an Africanized honey bee zone;

(8) a beekeeper shall manage all colonies to minimize swarming; and

(9) a beekeeper shall replace queens in colonies exhibiting defensive behavior that may be injurious to the general public or domesticated animals as determined by Department personnel.

(510 ILCS 20/2b) (from Ch. 8, par. 124b)

Sec. 2b. Import.

(a) A person who plans to import bees for the express purpose of pollination service, honey production, or permanent location shall request a permit for entry from the Department at least 10 days prior to the arrival of the bees. A valid inspection certificate from the state of origin identifying any bee diseases that are affecting the bees and the extent of any bee diseases, if any, shall accompany the request. A person who plans to import vacant used bee equipment into the State shall request a permit for entry from the Department at least 10 days prior to the arrival of the bee equipment. A valid inspection certificate from the state of origin identifying any bee disease in the bees that was in the equipment, and stating what treatment has been made, if any, to the vacated equipment shall accompany the request. A person who keeps bees and who has registered them with the Department is required to report to the Department additional colonies obtained as packaged bees and any honey bee queens imported within 10 days of acquisition. No person shall transport a colony of bees or items of used bee equipment into this State from another State or country having an inspector of apiaries or other officer charged with similar duties, without a permit or compliance agreement which shall be issued based upon an inspection certificate. Such colony or items of used bee equipment may be subject to inspection by the Director upon entry into the State.

(b) No person shall transport a colony of bees or items of used bee equipment into this State from another State or country not having an inspector of apiaries or other officer charged with similar duties, unless the shipper or consignee has obtained from the Department a permit or compliance agreement for the shipment into the State. Such colonies or items of used bee equipment may be inspected by the Director after arrival in the State. A colony of bees or items of used bee equipment found to be infected with bee diseases or infested with bee parasites, or exotic strains of bees shall be ordered returned to the place of origin or abated.

(c) A colony or item of used bee equipment transported in violation of this Section may be held and inspected by the Department, ordered returned to the place of origin, or abated.

(Source: P.A. 88-138.)

(510 ILCS 20/2c) (from Ch. 8, par. 124c)

Sec. 2c. Quarantine and inspection.

(a) Upon a finding that there exist in this State, or in any other state, territory, district, province or country bee diseases, bee parasites, or exotic strains of bees, the Director may impose and enforce a quarantine restricting the transportation of bees, colonies, or items of used bee equipment capable of carrying bee diseases, bee parasites or exotic strains of bees into, within or throughout the State. In carrying out the provisions of this Section or any quarantine, the Director may, at the expense of the owner, when an infestation, infection or nuisance is located, seize or abate bees, colonies, or items of used bee equipment. If the incident of bee disease is, in the judgment of the Director, that chemical treatment may be successful, the apiary owner shall treat the affected colonies as directed. If the incident of the bee disease is, in the judgment of the Director, that no treatment will be successful, such as in the case of American foulbrood, the Director shall notify the apiary owner that the affected colonies shall be destroyed and related equipment sterilized. The Director, or his or her designee, shall be present during the destruction of the colonies and sterilization of the bee equipment. In cases involving vacant bee equipment that may have been directly or indirectly exposed to contagious bee disease, the equipment shall undergo sterilization by the Director or by the apiary owner by any appropriate method specified by the Director, or his or her designee.

(b) The Department may not quarantine any colonies confirmed infected with any non-transmissible parasitic infestation or bee disease. The apiary owner shall, however, be encouraged to treat the colonies according to written specifications provided by the Department.

(c) The Department shall not bring additional regulatory action against an apiary owner who is complying or attempting to comply with the terms of a quarantine imposed by the Department.

(d) If the Department finds that a colony of bees under quarantine needs to be sterilized due to the owner violating the terms of the quarantine, or for any other reason, the Director may impose an appropriate fee to have each hive sterilized to recover the costs for the sterilizations. The Department shall review any violation of a quarantine and depending upon the severity of the violation, shall assess other penalties as provided by rule.

(e) When the Director finds that there exist in any other state, territory, district, province or country bee diseases, bee parasites or exotic strains of bees, with respect to which the United States Secretary of Agriculture has not established a quarantine, and that the bee diseases, bee parasites, or exotic strains of bees coming therefrom into this State are likely to convey such diseases, infestations or nuisances, the Director shall report such fact to the Governor. The Governor may thereupon, by proclamation, prohibit the transportation into this State of such bees, colonies, or items of used bee equipment except under such regulations as may be prescribed by the Department.

(Source: P.A. 91-357, eff. 7-29-99.)