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1 | AN ACT concerning animals.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Diseased Animals Act is amended by | ||||||
5 | changing Sections 1, 2, 3, 4, 6, 9, 10, 13, 20, 21, 22, and 24 | ||||||
6 | as follows:
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7 | (510 ILCS 50/1) (from Ch. 8, par. 168)
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8 | Sec. 1. For the purposes of this Act:
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9 | "Department" means the Department of Agriculture of the | ||||||
10 | State of Illinois.
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11 | "Director" means the Director of the Illinois Department of | ||||||
12 | Agriculture,
or his duly appointed representative.
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13 | "Contagious or infectious disease" means a specific | ||||||
14 | disease designated by
the Department as contagious or | ||||||
15 | infectious under rules pertaining to this Act.
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16 | "Contaminated" or "contamination" means for an animal to | ||||||
17 | come into contact with a chemical or radiological substance at | ||||||
18 | a level which may be considered to be harmful to humans or | ||||||
19 | other animals if they come into contact with the contaminated | ||||||
20 | animal or consume parts of the contaminated animal.
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21 | "Reportable disease" means a specific disease designated | ||||||
22 | by the Department as
reportable under rules pertaining to this | ||||||
23 | Act.
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1 | "Animals" means domestic animals, poultry, and wild | ||||||
2 | animals in captivity.
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3 | "Exposed to" means for an animal to come in contact with | ||||||
4 | another animal or
an environment that is capable of | ||||||
5 | transmitting a contagious, infectious, or
reportable disease. | ||||||
6 | An animal will no longer be considered as "exposed to"
when it | ||||||
7 | is beyond the standard incubation time for the disease and the | ||||||
8 | animal
has been tested negative for the specific disease or | ||||||
9 | there is no evidence that
the animal is contagious, except for | ||||||
10 | animals exposed to Johne's disease.
Animals originating from a | ||||||
11 | herd where Johne's disease has been diagnosed will
be | ||||||
12 | considered no longer "exposed to" with a negative test. The | ||||||
13 | negative test
must have been conducted within 30 days prior to | ||||||
14 | the sale or movement.
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15 | "Swap meet" means an organized event where animals | ||||||
16 | including, but not limited to, dogs, cats, birds, fish, | ||||||
17 | reptiles, or other animals customarily obtained as pets, are | ||||||
18 | sold, traded, or exchange hands.
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19 | (Source: P.A. 93-980, eff. 8-20-04.)
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20 | (510 ILCS 50/2) (from Ch. 8, par. 169)
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21 | Sec. 2. It is the duty of the Department to investigate all | ||||||
22 | cases or
alleged cases coming to its knowledge of contamination | ||||||
23 | or contagious and infectious diseases
among animals within the | ||||||
24 | State and to provide for the suppression,
prevention, and | ||||||
25 | extirpation of contamination or infectious and contagious |
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1 | diseases of such
animals.
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2 | The Department may make and adopt reasonable rules and | ||||||
3 | regulations for
the administration and enforcement of the | ||||||
4 | provisions of this Act. No rule
or regulation made, adopted or | ||||||
5 | issued by the Department pursuant to the
provisions of this Act | ||||||
6 | shall be effective unless such rule or regulation
has been | ||||||
7 | submitted to the Advisory Board of Livestock Commissioners for
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8 | approval. All rules of the Department, and all amendments or | ||||||
9 | revocations of
existing rules, shall be recorded in an | ||||||
10 | appropriate book or books, shall be
adequately indexed, shall | ||||||
11 | be kept in the office of the Department, and
shall constitute a | ||||||
12 | public record. Such rules shall be printed in pamphlet
form and | ||||||
13 | furnished, upon request, to the public free of cost.
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14 | (Source: P.A. 77-108.)
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15 | (510 ILCS 50/3) (from Ch. 8, par. 170)
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16 | Sec. 3. Upon its becoming known to the Department that any | ||||||
17 | animals are
infected, or suspected of being infected, with any | ||||||
18 | contagious or infectious
disease, or contaminated with any | ||||||
19 | chemical or radiological substance, the
Department shall have | ||||||
20 | the authority to quarantine and to cause proper examination | ||||||
21 | thereof to
be made . If
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and if such disease is found to be of a | ||||||
22 | dangerously contagious
or dangerously infectious nature, or | ||||||
23 | the contamination level is such that may be harmful to humans | ||||||
24 | or other animals, the Department shall order such
diseased or | ||||||
25 | contaminated animals and such
as have been exposed to such |
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1 | disease or contamination , and the premises in or on which they
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2 | are, or have recently occupied, to be quarantined. The | ||||||
3 | Department shall also have the authority to issue area-wide | ||||||
4 | quarantines on animals and premises in order to control the | ||||||
5 | spread of the dangerously contagious or infectious disease and | ||||||
6 | to reduce the spread of contamination. The Department may, in
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7 | connection with any such quarantine, order that no
animal which | ||||||
8 | has been or
is so diseased, contaminated, or exposed to such | ||||||
9 | disease or contamination , may be removed from the
premises so | ||||||
10 | quarantined and that no animal susceptible to such disease
or | ||||||
11 | contamination may be brought therein or thereon, except under | ||||||
12 | such rules as the Department
may prescribe.
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13 | (Source: P.A. 90-385, eff. 8-15-97.)
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14 | (510 ILCS 50/4) (from Ch. 8, par. 171)
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15 | Sec. 4. The Department may order the slaughter of any or | ||||||
16 | all of such
diseased , contaminated, or exposed animals.
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17 | The Department may disinfect, and, if they cannot be | ||||||
18 | properly
disinfected, may destroy, all barns, stables, | ||||||
19 | outbuildings, premises and
personal property contaminated or | ||||||
20 | infected with any such contaminant or contagious or infectious | ||||||
21 | disease
as in its judgment is necessary to prevent the spread | ||||||
22 | of any such contaminant or disease;
and may order the | ||||||
23 | disinfection of all cars, boats or other vehicles used in
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24 | transporting animals affected with any such contaminant or | ||||||
25 | disease, or that have been
exposed to the contaminant, |
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1 | contagion , or infection thereof, and the disinfection of all
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2 | yards, pens and chutes that may have been used in handling such | ||||||
3 | contaminated, diseased , or
exposed animals.
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4 | (Source: Laws 1961, p. 3164.)
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5 | (510 ILCS 50/6) (from Ch. 8, par. 173)
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6 | Sec. 6. Whenever quarantine is established in accordance | ||||||
7 | with the
provisions of this Act, notice shall be given by | ||||||
8 | delivery in person or by
mailing by registered or certified | ||||||
9 | mail, postage prepaid, to the owner or
occupant of any premises | ||||||
10 | so quarantined. Such notice shall be written or
printed, or | ||||||
11 | partly written and partly printed, with an explanation of the
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12 | contents thereof. Such quarantine shall be sufficiently proved | ||||||
13 | in any court
by the production of a true copy of such notice of | ||||||
14 | quarantine together with
an affidavit, sworn to by the officer | ||||||
15 | or employee of the Department who
delivered or mailed such | ||||||
16 | notice, containing a statement that the original
thereof was | ||||||
17 | delivered or mailed in the manner herein prescribed.
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18 | Every quarantine so established shall remain in effect | ||||||
19 | until removed by
order of the Department. Any person aggrieved | ||||||
20 | by any quarantine may appeal
to the Department which shall | ||||||
21 | thereupon sustain, modify or annul the
quarantine as it may | ||||||
22 | deem proper. Quarantines will be removed when epidemiological | ||||||
23 | evidence indicates that the disease or contamination threat to | ||||||
24 | humans or other animals no longer exists.
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25 | (Source: Laws 1967, p. 905.)
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1 | (510 ILCS 50/9) (from Ch. 8, par. 176)
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2 | Sec. 9. The Department may promulgate and adopt reasonable | ||||||
3 | rules and regulations
to prevent the spread of any | ||||||
4 | contamination or contagious or infectious disease within this
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5 | State. If the condition so warrants, the Director may request | ||||||
6 | the Governor
to issue a proclamation quarantining an affected | ||||||
7 | municipality or geographical
district whereby all animals of | ||||||
8 | the kind diseased or contaminated would not be permitted
to be | ||||||
9 | moved from one premises to another within the municipality or | ||||||
10 | geographical
district,
or over any public highway, or any | ||||||
11 | unfenced lot or piece of ground, or from
being brought into, or | ||||||
12 | taken from the infected or contaminated municipality or | ||||||
13 | geographical
district, except by a special permit, signed by | ||||||
14 | the Director. Any such proclamation
shall, from
the time of its | ||||||
15 | publication, bind all persons. Within one week after the
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16 | publication of any such proclamation, every person who owns, or | ||||||
17 | who is in
charge of animals of the kind diseased or | ||||||
18 | contaminated
within the municipality or geographical district, | ||||||
19 | shall report to the
Department the number and description of | ||||||
20 | such animals, their location,
and the name and address of the | ||||||
21 | owner or person in charge, and during
the continuance of the | ||||||
22 | quarantine to report to the Department all cases
of sickness, | ||||||
23 | deaths or births among such animals.
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24 | (Source: P.A. 81-196.)
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1 | (510 ILCS 50/10) (from Ch. 8, par. 177)
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2 | Sec. 10. The Department may promulgate and adopt reasonable | ||||||
3 | rules and regulations
to prevent the entry into Illinois of any | ||||||
4 | animals which may be contaminated or infected
with, or which | ||||||
5 | may have been exposed to, any contaminant or contagious or | ||||||
6 | infectious disease.
If the condition so warrants, the Director | ||||||
7 | may request the Governor to issue
a proclamation whereby any | ||||||
8 | animals contaminated or diseased or those exposed to disease
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9 | and any carcasses or portions of carcasses, feed, seed, | ||||||
10 | bedding, equipment
or other material capable of conveying | ||||||
11 | contamination or infection will be prohibited from
entering | ||||||
12 | Illinois.
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13 | (Source: P.A. 81-196.)
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14 | (510 ILCS 50/13) (from Ch. 8, par. 180)
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15 | Sec. 13. The Department shall cooperate with any | ||||||
16 | commissioner or other
officer appointed by the United States | ||||||
17 | authorities, in connection with
carrying out any provision of | ||||||
18 | any United States Statute providing for the
suppression and | ||||||
19 | prevention of contamination or contagious and infectious | ||||||
20 | diseases among
animals, in suppression and preventing the | ||||||
21 | spread of contamination or contagious and
infectious diseases | ||||||
22 | among animals in this State.
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23 | The inspectors of the Animal Health Division of the United | ||||||
24 | States
Department of Agriculture and the Illinois Department of | ||||||
25 | Agriculture have
the right of inspection, quarantine and
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1 | condemnation of animals affected with any contamination or | ||||||
2 | contagious or infectious disease,
or suspected to be so | ||||||
3 | affected, or that have been exposed to any such
contamination | ||||||
4 | or disease, and for these purposes are authorized to enter upon | ||||||
5 | any ground or
premises. Such inspectors may call on sheriffs | ||||||
6 | and peace officers to assist
them in the discharge of their | ||||||
7 | duties in carrying out the provisions of any
such statute, | ||||||
8 | referred to in the preceding paragraph, and the sheriffs and
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9 | peace officers shall assist such inspectors when so requested. | ||||||
10 | Such
inspectors shall have the same powers and protection as | ||||||
11 | peace officers
while engaged in the discharge of their duties.
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12 | (Source: P.A. 91-457, eff. 1-1-00.)
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13 | (510 ILCS 50/20) (from Ch. 8, par. 187)
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14 | Sec. 20. Any person who knowingly transports, receives or | ||||||
15 | conveys
into this State any animals, carcasses or portions of | ||||||
16 | carcasses, feed, seed,
bedding, equipment, or other material | ||||||
17 | capable of conveying
contamination or infection as defined and | ||||||
18 | prohibited in a proclamation issued by the Governor
under the | ||||||
19 | provisions of Section 10 of this Act is guilty of a business | ||||||
20 | offense,
and upon conviction thereof
shall be fined not less | ||||||
21 | than $1,000 nor more than $10,000, for each
offense, and shall | ||||||
22 | be liable for all damages or loss that may be
sustained by any | ||||||
23 | person by reason of such importation of such prohibited
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24 | animals, or prohibited materials, which penalty may be | ||||||
25 | recovered in the
circuit court in any county in this State into |
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1 | or through which such
animals or materials are brought.
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2 | (Source: P.A. 81-196.)
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3 | (510 ILCS 50/21) (from Ch. 8, par. 188)
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4 | Sec. 21. Any person who, knowing that any contamination or | ||||||
5 | contagious or infectious disease exists
among his animals, | ||||||
6 | conceals such fact, or knowing of the existence of such
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7 | disease, sells any animal or animals so contaminated or | ||||||
8 | diseased, or any exposed animal, or
knowing the same, removes | ||||||
9 | any such contaminated, diseased , or exposed animal from his
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10 | premises to the premises of another, or along any public | ||||||
11 | highway, or
knowing of the existence of such contamination, | ||||||
12 | disease, or exposure thereto, transports,
drives, leads or | ||||||
13 | ships any animal so contaminated, diseased , or exposed, by any | ||||||
14 | motor
vehicle, car or steamboat, to any place in or out of this | ||||||
15 | State; and any
person who brings any such contaminated or | ||||||
16 | diseased, or knowingly, brings any such contaminated or exposed
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17 | animals into this State from another state; and any person who | ||||||
18 | knowingly
buys, receives, sells, conveys, or engages in the | ||||||
19 | traffic of such contaminated, diseased ,
or exposed stock, and | ||||||
20 | any person who violates any quarantine regulation
established | ||||||
21 | under the provisions of this or any other Act, for each,
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22 | either, any or all
acts above mentioned in this Section, is | ||||||
23 | guilty of a petty offense and
shall forfeit all right to any | ||||||
24 | compensation for any animal or property
destroyed under the | ||||||
25 | provisions of this Act.
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1 | (Source: P.A. 91-457, eff. 1-1-00.)
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2 | (510 ILCS 50/22) (from Ch. 8, par. 189)
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3 | Sec. 22. Any veterinarian having information of the | ||||||
4 | existence of any contamination or reportable disease
among | ||||||
5 | animals in this State, who fails to
promptly
report such | ||||||
6 | knowledge to the Department, shall be guilty of a
business | ||||||
7 | offense and shall be fined in any sum not exceeding $1,000 for | ||||||
8 | each
offense.
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9 | (Source: P.A. 90-385, eff. 8-15-97.)
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10 | (510 ILCS 50/24) (from Ch. 8, par. 191)
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11 | Sec. 24. Any owner or person having charge of any animal | ||||||
12 | and
having
knowledge of, or reasonable grounds to suspect the | ||||||
13 | existence among them of any
contamination or contagious or
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14 | infectious disease and who does not use reasonable means to | ||||||
15 | prevent the
spread of such contamination or disease or violates | ||||||
16 | any quarantine; or who conveys upon or
along any public highway | ||||||
17 | or
other public grounds or any private lands, any contaminated | ||||||
18 | or diseased animal,
or animal
known to have died of, or been | ||||||
19 | slaughtered on account of, any contamination or contagious or
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20 | infectious disease, except in the case of transportation for | ||||||
21 | medical
treatment
or diagnosis, shall be liable in damages to | ||||||
22 | the person or persons who
may have suffered loss on account | ||||||
23 | thereof.
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24 | (Source: P.A. 90-385, eff. 8-15-97; 91-457, eff. 1-1-00.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
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