Drivers Education & Safety Committee
Filed: 3/5/2008
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1 | AMENDMENT TO HOUSE BILL 4489
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2 | AMENDMENT NO. ______. Amend House Bill 4489 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "(225 ILCS 635/1.5 rep.) | ||||||
5 | Section 5. The Illinois Horse Meat Act is amended by | ||||||
6 | repealing Section 1.5. | ||||||
7 | Section 10. The Illinois Horse Meat Act is amended by | ||||||
8 | adding Section 13.9 as follows: | ||||||
9 | (225 ILCS 635/13.9 new) | ||||||
10 | Sec. 13.9. Exclusions from the Act. Horse meat labeled as | ||||||
11 | such in hermetically sealed containers and registered under the | ||||||
12 | Illinois Commercial Feed Act of 1961 is excluded from the | ||||||
13 | provisions of this Act. Horse meat prepared in federally | ||||||
14 | inspected plants located in the State of Illinois, for sale | ||||||
15 | outside of the State of Illinois, is excluded from the |
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1 | provisions of this Act. | ||||||
2 | Section 15. The Animals Intended for Food Act is amended by | ||||||
3 | changing Section 2.1 as follows:
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4 | (410 ILCS 605/2.1) (from Ch. 8, par. 107.1)
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5 | Sec. 2.1. When in the interest of the general public and in | ||||||
6 | the opinion of the
Department of Agriculture it is deemed | ||||||
7 | advisable, the Department has
authority to quarantine or | ||||||
8 | restrict any and all animals intended for human
consumption | ||||||
9 | that contain poisonous or deleterious substances which may
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10 | render meat or meat products or poultry or poultry products | ||||||
11 | from such
animals or poultry injurious to health; except in | ||||||
12 | case the quantity of such
substances in such animals does not | ||||||
13 | ordinarily render meat or meat products
or poultry or poultry | ||||||
14 | products from such animals injurious to health.
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15 | The Department or its duly authorized agent shall | ||||||
16 | investigate or cause
to be investigated all cases where it has | ||||||
17 | reason to believe that animals
intended for human consumption | ||||||
18 | are contaminated with any poisonous or
deleterious substance | ||||||
19 | which may render them unfit for human consumption.
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20 | The Department or its duly designated agent in performing | ||||||
21 | the duties
vested in it under this Act is empowered to enter | ||||||
22 | any premises, barns,
stables, sheds, or other places for the | ||||||
23 | purposes of administering this Act.
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24 | The Department may allow the sale or transfer of animals |
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1 | under
quarantine or restriction subject to reasonable rules and | ||||||
2 | regulations as
may be prescribed.
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3 | For the purposes of this Act, the term "Animal" means | ||||||
4 | cattle, calves,
sheep, swine, horses, mules, or other equidae,
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5 | goats, poultry and any other
animal which can be or may be used | ||||||
6 | in and for meat or poultry or their
products for human | ||||||
7 | consumption.
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8 | Notwithstanding any other rulemaking authority that may | ||||||
9 | exist, neither the Governor nor any agency or agency head under | ||||||
10 | the jurisdiction of the Governor has any authority to make or | ||||||
11 | promulgate rules to implement or enforce the provisions of this | ||||||
12 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
13 | Governor believes that rules are necessary to implement or | ||||||
14 | enforce the provisions of this amendatory Act of the 95th | ||||||
15 | General Assembly, the Governor may suggest rules to the General | ||||||
16 | Assembly by filing them with the Clerk of the House and | ||||||
17 | Secretary of the Senate and by requesting that the General | ||||||
18 | Assembly authorize such rulemaking by law, enact those | ||||||
19 | suggested rules into law, or take any other appropriate action | ||||||
20 | in the General Assembly's discretion. Nothing contained in this | ||||||
21 | amendatory Act of the 95th General Assembly shall be | ||||||
22 | interpreted to grant rulemaking authority under any other | ||||||
23 | Illinois statute where such authority is not otherwise | ||||||
24 | explicitly given. For the purposes of this Section, "rules" is | ||||||
25 | given the meaning contained in Section 1-70 of the Illinois | ||||||
26 | Administrative Procedure Act, and "agency" and "agency head" |
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1 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
2 | the Illinois Administrative Procedure Act to the extent that | ||||||
3 | such definitions apply to agencies or agency heads under the | ||||||
4 | jurisdiction of the Governor. | ||||||
5 | (Source: P.A. 95-2, eff. 5-24-07.)
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6 | Section 20. The Illinois Equine Infectious Anemia Control | ||||||
7 | Act is amended by changing Section 4 as follows:
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8 | (510 ILCS 65/4) (from Ch. 8, par. 954)
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9 | Sec. 4. Tests of equidae entering the State. All equidae
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10 | more than 12 months of age entering the State for any reason | ||||||
11 | other than for immediate slaughter
shall be accompanied by a
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12 | Certificate of Veterinary Inspection issued by an accredited
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13 | veterinarian of the state of origin within 30 days prior to
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14 | entry and shall be negative to an official test for EIA within
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15 | one year prior to entry. Equidae entering the State for
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16 | immediate slaughter shall be accompanied by a consignment
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17 | direct to slaughter at an approved equine slaughtering | ||||||
18 | establishment.
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19 | Notwithstanding any other rulemaking authority that may | ||||||
20 | exist, neither the Governor nor any agency or agency head under | ||||||
21 | the jurisdiction of the Governor has any authority to make or | ||||||
22 | promulgate rules to implement or enforce the provisions of this | ||||||
23 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
24 | Governor believes that rules are necessary to implement or |
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1 | enforce the provisions of this amendatory Act of the 95th | ||||||
2 | General Assembly, the Governor may suggest rules to the General | ||||||
3 | Assembly by filing them with the Clerk of the House and | ||||||
4 | Secretary of the Senate and by requesting that the General | ||||||
5 | Assembly authorize such rulemaking by law, enact those | ||||||
6 | suggested rules into law, or take any other appropriate action | ||||||
7 | in the General Assembly's discretion. Nothing contained in this | ||||||
8 | amendatory Act of the 95th General Assembly shall be | ||||||
9 | interpreted to grant rulemaking authority under any other | ||||||
10 | Illinois statute where such authority is not otherwise | ||||||
11 | explicitly given. For the purposes of this Section, "rules" is | ||||||
12 | given the meaning contained in Section 1-70 of the Illinois | ||||||
13 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
14 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
15 | the Illinois Administrative Procedure Act to the extent that | ||||||
16 | such definitions apply to agencies or agency heads under the | ||||||
17 | jurisdiction of the Governor. | ||||||
18 | (Source: P.A. 95-2, eff. 5-24-07.)
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19 | Section 25. The Humane Care for Animals Act is amended by | ||||||
20 | changing Sections 5 and 7.5 as follows:
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21 | (510 ILCS 70/5) (from Ch. 8, par. 705)
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22 | Sec. 5. Lame or disabled horses. No person shall sell, | ||||||
23 | offer to sell,
lead, ride, transport, or drive on any public | ||||||
24 | way any equidae which, because
of debility, disease, lameness |
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1 | or any other cause, could not be worked in
this State without | ||||||
2 | violating this Act , unless the equidae is being sold,
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3 | transported, or housed with the intent that it will be moved in | ||||||
4 | an expeditious
and humane manner to an approved slaughtering | ||||||
5 | establishment . Such equidae may
be conveyed to a proper place | ||||||
6 | for medical or surgical treatment ,
or for humane
keeping or | ||||||
7 | euthanasia , or for slaughter in an approved slaughtering
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8 | establishment .
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9 | A person convicted of violating this Section or any rule, | ||||||
10 | regulation, or
order of the Department pursuant thereto is | ||||||
11 | guilty of a Class A misdemeanor.
A second or subsequent | ||||||
12 | violation is a Class 4 felony.
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13 | Notwithstanding any other rulemaking authority that may | ||||||
14 | exist, neither the Governor nor any agency or agency head under | ||||||
15 | the jurisdiction of the Governor has any authority to make or | ||||||
16 | promulgate rules to implement or enforce the provisions of this | ||||||
17 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
18 | Governor believes that rules are necessary to implement or | ||||||
19 | enforce the provisions of this amendatory Act of the 95th | ||||||
20 | General Assembly, the Governor may suggest rules to the General | ||||||
21 | Assembly by filing them with the Clerk of the House and | ||||||
22 | Secretary of the Senate and by requesting that the General | ||||||
23 | Assembly authorize such rulemaking by law, enact those | ||||||
24 | suggested rules into law, or take any other appropriate action | ||||||
25 | in the General Assembly's discretion. Nothing contained in this | ||||||
26 | amendatory Act of the 95th General Assembly shall be |
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1 | interpreted to grant rulemaking authority under any other | ||||||
2 | Illinois statute where such authority is not otherwise | ||||||
3 | explicitly given. For the purposes of this Section, "rules" is | ||||||
4 | given the meaning contained in Section 1-70 of the Illinois | ||||||
5 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
6 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
7 | the Illinois Administrative Procedure Act to the extent that | ||||||
8 | such definitions apply to agencies or agency heads under the | ||||||
9 | jurisdiction of the Governor. | ||||||
10 | (Source: P.A. 95-2, eff. 5-24-07.)
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11 | (510 ILCS 70/7.5)
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12 | Sec. 7.5. Downed animals.
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13 | (a) For the purpose of this Section a downed animal is one | ||||||
14 | incapable of
walking without assistance.
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15 | (b) No downed animal shall be sent to a stockyard, auction, | ||||||
16 | or other
facility where its impaired mobility may result in | ||||||
17 | suffering. An injured
animal other than those of the equine | ||||||
18 | genus may be sent directly to a slaughter facility.
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19 | (c) A downed animal sent to a stockyard, auction, or other | ||||||
20 | facility in
violation of this Section shall be humanely | ||||||
21 | euthanized, the disposition of such
animal shall be the | ||||||
22 | responsibility of the owner, and the owner shall be liable
for | ||||||
23 | any expense incurred.
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24 | If an animal becomes downed in transit it shall be the | ||||||
25 | responsibility of the
carrier.
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1 | (d) A downed animal shall not be transported unless | ||||||
2 | individually
segregated.
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3 | (e) A person convicted of violating this Section or any | ||||||
4 | rule,
regulation, or order of the Department pursuant thereto | ||||||
5 | is guilty of a
Class B misdemeanor. A second or subsequent | ||||||
6 | violation is a Class 4 felony,
with every day that a violation | ||||||
7 | continues constituting a separate offense.
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8 | (f) Notwithstanding any other rulemaking authority that | ||||||
9 | may exist, neither the Governor nor any agency or agency head | ||||||
10 | under the jurisdiction of the Governor has any authority to | ||||||
11 | make or promulgate rules to implement or enforce the provisions | ||||||
12 | of this amendatory Act of the 95th General Assembly. If, | ||||||
13 | however, the Governor believes that rules are necessary to | ||||||
14 | implement or enforce the provisions of this amendatory Act of | ||||||
15 | the 95th General Assembly, the Governor may suggest rules to | ||||||
16 | the General Assembly by filing them with the Clerk of the House | ||||||
17 | and Secretary of the Senate and by requesting that the General | ||||||
18 | Assembly authorize such rulemaking by law, enact those | ||||||
19 | suggested rules into law, or take any other appropriate action | ||||||
20 | in the General Assembly's discretion. Nothing contained in this | ||||||
21 | amendatory Act of the 95th General Assembly shall be | ||||||
22 | interpreted to grant rulemaking authority under any other | ||||||
23 | Illinois statute where such authority is not otherwise | ||||||
24 | explicitly given. For the purposes of this subsection, "rules" | ||||||
25 | is given the meaning contained in Section 1-70 of the Illinois | ||||||
26 | Administrative Procedure Act, and "agency" and "agency head" |
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1 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
2 | the Illinois Administrative Procedure Act to the extent that | ||||||
3 | such definitions apply to agencies or agency heads under the | ||||||
4 | jurisdiction of the Governor. | ||||||
5 | (Source: P.A. 95-2, eff. 5-24-07.)
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6 | Section 30. The Humane Slaughter of Livestock Act is | ||||||
7 | amended by changing Section 2 as follows:
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8 | (510 ILCS 75/2) (from Ch. 8, par. 229.52)
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9 | Sec. 2. As used in this Act:
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10 | (1) "Director" means the Director of the Department of | ||||||
11 | Agriculture of
the State of Illinois.
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12 | (2) "Person" means any individual, partnership, | ||||||
13 | corporation, or
association doing business in this State, in | ||||||
14 | whole or in part.
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15 | (3) "Slaughterer" means any person regularly engaged in the | ||||||
16 | commercial
slaughtering of livestock.
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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.
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1 | (5) "Packer" means any person engaged in the business of | ||||||
2 | slaughtering or
manufacturing or otherwise preparing meat or | ||||||
3 | meat products for sale, either
by such person or others; or of | ||||||
4 | manufacturing or preparing livestock
products for sale by such | ||||||
5 | person or others.
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6 | (6) "Humane method" means either (a) a method whereby the | ||||||
7 | animal is
rendered insensible to pain by gunshot or by | ||||||
8 | mechanical, electrical,
chemical or other means that is rapid | ||||||
9 | and effective, before being shackled,
hoisted, thrown, cast or | ||||||
10 | cut; or (b) a method in accordance with ritual
requirements of | ||||||
11 | the Jewish faith or any other religious faith whereby the
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12 | animal suffers loss of consciousness by anemia of the brain | ||||||
13 | caused by the
simultaneous and instantaneous severance of the | ||||||
14 | carotid arteries with a
sharp instrument.
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15 | Notwithstanding any other rulemaking authority that may | ||||||
16 | exist, neither the Governor nor any agency or agency head under | ||||||
17 | the jurisdiction of the Governor has any authority to make or | ||||||
18 | promulgate rules to implement or enforce the provisions of this | ||||||
19 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
20 | Governor believes that rules are necessary to implement or | ||||||
21 | enforce the provisions of this amendatory Act of the 95th | ||||||
22 | General Assembly, the Governor may suggest rules to the General | ||||||
23 | Assembly by filing them with the Clerk of the House and | ||||||
24 | Secretary of the Senate and by requesting that the General | ||||||
25 | Assembly authorize such rulemaking by law, enact those | ||||||
26 | suggested rules into law, or take any other appropriate action |
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1 | in the General Assembly's discretion. Nothing contained in this | ||||||
2 | amendatory Act of the 95th General Assembly shall be | ||||||
3 | interpreted to grant rulemaking authority under any other | ||||||
4 | Illinois statute where such authority is not otherwise | ||||||
5 | explicitly given. For the purposes of this Section, "rules" is | ||||||
6 | given the meaning contained in Section 1-70 of the Illinois | ||||||
7 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
8 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
9 | the Illinois Administrative Procedure Act to the extent that | ||||||
10 | such definitions apply to agencies or agency heads under the | ||||||
11 | jurisdiction of the Governor. | ||||||
12 | (Source: P.A. 95-2, eff. 5-24-07.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
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