Sen. John J. Cullerton
Filed: 5/4/2004
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 0649
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 0649 by replacing | ||||||
3 | the title with the following:
| ||||||
4 | "AN ACT concerning horses.
| ||||||
5 | WHEREAS, The People of the State of Illinois find and | ||||||
6 | declare that: | ||||||
7 | (a) The horse is a living symbol of the spirit, rugged | ||||||
8 | independence, and tireless energy of our pioneer heritage; | ||||||
9 | (b) Horses have served us in war, carried us into the | ||||||
10 | West and beyond, hauled our goods on their backs and in | ||||||
11 | wagons, and entertained and partnered with man for | ||||||
12 | thousands of years; | ||||||
13 | (c) The horse is a part of Illinois' rich heritage, | ||||||
14 | having played a major role in Illinois' historical growth | ||||||
15 | and development; | ||||||
16 | (d) Horses contribute significantly to the enjoyment | ||||||
17 | of generations of recreation enthusiasts in Illinois, | ||||||
18 | while contributing tremendous economic benefit; | ||||||
19 | (e) Horses are not raised for food or fiber and are | ||||||
20 | taxed differently than food animals; and | ||||||
21 | (f) Horses can be stolen, or purchased without | ||||||
22 | disclosure or under false pretenses, to be slaughtered or | ||||||
23 | shipped for slaughter; and this practice has contributed to | ||||||
24 | crime and consumer fraud; and
|
| |||||||
| |||||||
1 | WHEREAS, The General Assembly hereby also declares the | ||||||
2 | purpose and intent of this amendatory Act to be as follows: | ||||||
3 | (a) To recognize the horse as an important part of | ||||||
4 | Illinois' heritage that deserves protection from those who | ||||||
5 | would slaughter horses for food for human consumption; and | ||||||
6 | (b) To enact into law that which has been widely | ||||||
7 | accepted for generations in this State: it is immoral and | ||||||
8 | unlawful to slaughter horses in this State to be used for | ||||||
9 | food for human consumption; therefore"; and
| ||||||
10 | by replacing everything after the enacting clause with the | ||||||
11 | following: | ||||||
12 | "Section 5. The Illinois Horse Meat Act is amended by | ||||||
13 | adding Section 1.5 as follows: | ||||||
14 | (225 ILCS 635/1.5 new)
| ||||||
15 | Sec. 1.5. Slaughter for human consumption unlawful.
| ||||||
16 | (a) Notwithstanding any other provision of law, it is | ||||||
17 | unlawful for any person to slaughter a horse if that person | ||||||
18 | knows or should know that any of the horse meat will be used | ||||||
19 | for human consumption. | ||||||
20 | (b) Notwithstanding any other provision of law, it is | ||||||
21 | unlawful for any person to possess, to import into or export | ||||||
22 | from this State, or to sell, buy, give away, hold, or accept | ||||||
23 | any horse with the intent of slaughtering that horse if that | ||||||
24 | person knows or should know that any of the horse meat will be | ||||||
25 | used for human consumption. | ||||||
26 | (c) Notwithstanding any other provision of law, it is | ||||||
27 | unlawful for any person to possess, to import into or export | ||||||
28 | from this State, or to sell, buy, give away, hold, or accept | ||||||
29 | any horse meat if that person knows or should know that the | ||||||
30 | horse meat will be used for human consumption. | ||||||
31 | (d) Any person who knowingly violates any of the provisions |
| |||||||
| |||||||
1 | of this Section is guilty of a Class C misdemeanor. | ||||||
2 | (e) This Section shall not apply to: | ||||||
3 | (1) Any commonly accepted commercial, non commercial, | ||||||
4 | recreational, or sporting activity. | ||||||
5 | (2) Any existing laws which relate to horse taxes or | ||||||
6 | zoning. | ||||||
7 | (3) The processing of food producing animals other than | ||||||
8 | those of the equine genus.
| ||||||
9 | (225 ILCS 635/14 rep.) (from Ch. 56 1/2, par. 253)
| ||||||
10 | Section 7. The Illinois Horse Meat Act is amended by | ||||||
11 | repealing Section 14. | ||||||
12 | Section 10. The Animals Intended for Food Act is amended by | ||||||
13 | changing Section 2.1 as follows:
| ||||||
14 | (410 ILCS 605/2.1) (from Ch. 8, par. 107.1)
| ||||||
15 | Sec. 2.1.
| ||||||
16 | When in the interest of the general public and in the | ||||||
17 | opinion of the
Department of Agriculture it is deemed | ||||||
18 | advisable, the Department has
authority to quarantine or | ||||||
19 | restrict any and all animals intended for human
consumption | ||||||
20 | that contain poisonous or deleterious substances which may
| ||||||
21 | render meat or meat products or poultry or poultry products | ||||||
22 | from such
animals or poultry injurious to health; except in | ||||||
23 | case the quantity of such
substances in such animals does not | ||||||
24 | ordinarily render meat or meat products
or poultry or poultry | ||||||
25 | products from such animals injurious to health.
| ||||||
26 | The Department or its duly authorized agent shall | ||||||
27 | investigate or cause
to be investigated all cases where it has | ||||||
28 | reason to believe that animals
intended for human consumption | ||||||
29 | are contaminated with any poisonous or
deleterious substance | ||||||
30 | which may render them unfit for human consumption.
| ||||||
31 | The Department or its duly designated agent in performing |
| |||||||
| |||||||
1 | the duties
vested in it under this Act is empowered to enter | ||||||
2 | any premises, barns,
stables, sheds, or other places for the | ||||||
3 | purposes of administering this Act.
| ||||||
4 | The Department may allow the sale or transfer of animals | ||||||
5 | under
quarantine or restriction subject to reasonable rules and | ||||||
6 | regulations as
may be prescribed.
| ||||||
7 | For the purposes of this Act, the term "Animal" means | ||||||
8 | cattle, calves,
sheep, swine, horses, mules or other equidae,
| ||||||
9 | goats, poultry and any other
animal which can be or may be used | ||||||
10 | in and for meat or poultry or their
products for human | ||||||
11 | consumption.
| ||||||
12 | (Source: P.A. 77-2117.)
| ||||||
13 | Section 15. The Illinois Equine Infectious Anemia Control | ||||||
14 | Act is amended by changing Section 4 as follows:
| ||||||
15 | (510 ILCS 65/4) (from Ch. 8, par. 954)
| ||||||
16 | Sec. 4. Tests of equidae entering the State. All equidae
| ||||||
17 | more than 12 months of age entering the State for any reason
| ||||||
18 | other than for immediate slaughter shall be accompanied by a
| ||||||
19 | Certificate of Veterinary Inspection issued by an accredited
| ||||||
20 | veterinarian of the state of origin within 30 days prior to
| ||||||
21 | entry and shall be negative to an official test for EIA within
| ||||||
22 | one year prior to entry. Equidae entering the State for
| ||||||
23 | immediate slaughter shall be accompanied by a consignment
| ||||||
24 | direct to slaughter at an approved equine slaughtering | ||||||
25 | establishment.
| ||||||
26 | (Source: P.A. 86-223.)
| ||||||
27 | Section 20. The Humane Care for Animals Act is amended by | ||||||
28 | changing Sections 5 and 7.5 as follows:
| ||||||
29 | (510 ILCS 70/5) (from Ch. 8, par. 705)
| ||||||
30 | Sec. 5. Lame or disabled horses. No person shall sell, |
| |||||||
| |||||||
1 | offer to sell,
lead, ride, transport, or drive on any public | ||||||
2 | way any equidae which, because
of debility, disease, lameness | ||||||
3 | or any other cause, could not be worked in
this State without | ||||||
4 | violating this Act , unless the equidae is being sold,
| ||||||
5 | transported, or housed with the intent that it will be moved in | ||||||
6 | an expeditious
and humane manner to an approved slaughtering | ||||||
7 | establishment . Such equidae may
be conveyed to a proper place | ||||||
8 | for medical or surgical treatment, for humane
keeping or | ||||||
9 | euthanasia, or for slaughter in an approved slaughtering
| ||||||
10 | establishment.
| ||||||
11 | A person convicted of violating this Section or any rule, | ||||||
12 | regulation, or
order of the Department pursuant thereto is | ||||||
13 | guilty of a Class A misdemeanor.
A second or subsequent | ||||||
14 | violation is a Class 4 felony.
| ||||||
15 | (Source: P.A. 92-650, eff. 7-11-02.)
| ||||||
16 | (510 ILCS 70/7.5)
| ||||||
17 | Sec. 7.5. Downed animals.
| ||||||
18 | (a) For the purpose of this Section a downed animal is one | ||||||
19 | incapable of
walking without assistance.
| ||||||
20 | (b) No downed animal shall be sent to a stockyard, auction, | ||||||
21 | or other
facility where its impaired mobility may result in | ||||||
22 | suffering. An injured
animal other than those of the equine | ||||||
23 | genus may be sent directly to a slaughter facility.
| ||||||
24 | (c) A downed animal sent to a stockyard, auction, or other | ||||||
25 | facility in
violation of this Section shall be humanely | ||||||
26 | euthanized, the disposition of such
animal shall be the | ||||||
27 | responsibility of the owner, and the owner shall be liable
for | ||||||
28 | any expense incurred.
| ||||||
29 | If an animal becomes downed in transit it shall be the | ||||||
30 | responsibility of the
carrier.
| ||||||
31 | (d) A downed animal shall not be transported unless | ||||||
32 | individually
segregated.
| ||||||
33 | (e) A person convicted of violating this Section or any |
| |||||||
| |||||||
1 | rule,
regulation, or order of the Department pursuant thereto | ||||||
2 | is guilty of a
Class B misdemeanor. A second or subsequent | ||||||
3 | violation is a Class 4 felony,
with every day that a violation | ||||||
4 | continues constituting a separate offense.
| ||||||
5 | (Source: P.A. 92-650, eff. 7-11-02.)
| ||||||
6 | Section 25. The Humane Slaughter of Livestock Act is | ||||||
7 | amended by changing Section 2 as follows:
| ||||||
8 | (510 ILCS 75/2) (from Ch. 8, par. 229.52)
| ||||||
9 | Sec. 2. As used in this Act:
| ||||||
10 | (1) "Director" means the Director of the Department of | ||||||
11 | Agriculture of
the State of Illinois.
| ||||||
12 | (2) "Person" means any individual, partnership, | ||||||
13 | corporation, or
association doing business in this State, in | ||||||
14 | whole or in part.
| ||||||
15 | (3) "Slaughterer" means any person regularly engaged in the | ||||||
16 | commercial
slaughtering of livestock.
| ||||||
17 | (4) "Livestock" means cattle, calves, sheep, swine, | ||||||
18 | horses, mules,
goats, and any other animal which can or may be | ||||||
19 | used in and for the
preparation of meat or meat products for | ||||||
20 | consumption by human beings or
animals. "Livestock", however, | ||||||
21 | does not include horses, mules, or other equidae to be used in | ||||||
22 | and for the preparation of meat or meat products for | ||||||
23 | consumption by human beings, which is prohibited under Section | ||||||
24 | 1.5 of the Illinois Horse Meat Act.
| ||||||
25 | (5) "Packer" means any person engaged in the business of | ||||||
26 | slaughtering or
manufacturing or otherwise preparing meat or | ||||||
27 | meat products for sale, either
by such person or others; or of | ||||||
28 | manufacturing or preparing livestock
products for sale by such | ||||||
29 | person or others.
| ||||||
30 | (6) "Humane method" means either (a) a method whereby the | ||||||
31 | animal is
rendered insensible to pain by gunshot or by | ||||||
32 | mechanical, electrical,
chemical or other means that is rapid |
| |||||||
| |||||||
1 | and effective, before being shackled,
hoisted, thrown, cast or | ||||||
2 | cut; or (b) a method in accordance with ritual
requirements of | ||||||
3 | the Jewish faith or any other religious faith whereby the
| ||||||
4 | animal suffers loss of consciousness by anemia of the brain | ||||||
5 | caused by the
simultaneous and instantaneous severance of the | ||||||
6 | carotid arteries with a
sharp instrument.
| ||||||
7 | (Source: Laws 1967, p. 2023.)
| ||||||
8 | Section 97. Severability. The provisions of this Act are | ||||||
9 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
|