Illinois General Assembly - Full Text of HB4709
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Full Text of HB4709  100th General Assembly

HB4709 100TH GENERAL ASSEMBLY

  
  

 


 
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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4709LRB100 17499 SLF 32668 b

1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Bees and Apiaries Act is amended by changing
5Sections 1a, 2, 2b, and 2c and by adding Section 2-1.5 as
6follows:
 
7    (510 ILCS 20/1a)  (from Ch. 8, par. 123a)
8    Sec. 1a. Definitions. As used in this Act, unless the
9context otherwise requires:
10    "Abate" means the destruction or disinfection of bees,
11colonies, or items of bee equipment by burning or by treatment
12specified by the Department.
13    "Africanized honey bee" means a hybrid of the African honey
14bee with various European honey bees that is far more
15aggressive than the European subspecies.
16    "Apiary" means a place where one or more hives or colonies
17of bees are kept.
18    "Bee diseases" means any infectious or contagious diseases
19of bees as specified by the Department, including but not
20limited to American foulbrood.
21    "Bee equipment" means hives, supers, frames, or any other
22devices used in beekeeping.
23    "Bee parasites" means any parasite of bees as specified by

 

 

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1the Department.
2    "Beekeeper" means a person who keeps bees.
3    "Beekeeping" means the raising or producing of bees,
4beeswax, honey, and by-products and the transporting of bees,
5colonies or items of bee equipment.
6    "Bees" means the common honey bee, Apis mellifera (L) in
7any stage of its life cycle.
8    "Colony" means the entire honey bee family or social unit
9living together.
10    "Compliance agreement" means a written agreement between a
11registrant or other person handling or moving bees, colonies or
12items of bee equipment and the Department, in which the former
13agrees to specified conditions or requirements so as to remain
14in compliance with the terms of this Act.
15    "Department" means the Illinois Department of Agriculture.
16    "Director" means the Director of the Illinois Department of
17Agriculture or his or her authorized agent.
18    "Exotic strain of bees" means any developed strain of bees
19not known to be present ordinarily in the State as specified by
20the Department.
21    "Hive" means a frame hive, box hive, box, barrel, log gum,
22skep or any other receptacle or container, natural or
23artificial, or any part thereof, which is used or employed as a
24domicile for bees.
25    "Inspection certificate" means an official record stating
26that the bees, colonies, or items of bee equipment have been

 

 

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1inspected by an inspector of apiaries or other officer charged
2with similar duties from this State or other states for bee
3diseases, bee parasites or other nuisances and found to be in
4compliance with this Act or Illinois entry requirements.
5    "Nuisance" means bees, colonies, or items of bee equipment
6where bee diseases, bee parasites or exotic strains of bees
7exist; or hives that cannot be readily inspected; or colonies
8that are not registered.
9    "Packages" means bees with or without food supply in
10special containers for their transportation.
11    "Permit" means a statement of authorization to allow bees,
12colonies, or items of bee equipment to enter the State or to
13move within the State whether or not an inspection certificate
14is available.
15    "Person" means any individual, firm, partnership,
16association, corporation, or other organized group of persons
17whether incorporated or not.
18    "Registrant" means the person applying for registration of
19the apiary or apiaries and the colonies of bees.
20    "Registration" means the recording of the registrant's
21name, address, apiary location and any other pertinent
22information on a printed form prescribed by the Department.
23    "Queen" means an adult, mated female that lives in a honey
24bee colony or hive.
25    "Undeveloped property" means any idle land that has no
26structures or facilities intended for human use or occupancy,

 

 

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1including property used exclusively for streets, highways, or
2commercial agriculture.
3    "Water supply" means an available source that could be used
4for water including, but not limited to, a water tap, hose,
5pool, hot tub, stream, pond, or puddle.
6(Source: P.A. 88-138.)
 
7    (510 ILCS 20/2)  (from Ch. 8, par. 124)
8    Sec. 2. Registration.
9    (a) Every person keeping one or more colonies of bees shall
10register with the Department annually.
11    (b) Every person keeping one or more colonies of bees may
12be required to post his or her registration number in a
13prominent place within each apiary under his or her control.
14    (c) Every person who keeps bees and who has registered with
15the Department who obtains additional colonies from capturing
16swarms, colony divisions, or any other source within this State
17shall report the additional colonies to the Department during
18the designated annual registration period.
19(Source: P.A. 88-138.)
 
20    (510 ILCS 20/2-1.5 new)
21    Sec. 2-1.5. Limits on liability.
22    (a) A beekeeper shall obtain limits on liability who:
23        (1) signs a Honey Bee Best Management Practices
24    compliance agreement to be kept on file with the

 

 

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1    Department; and
2        (2) voluntarily conforms with the Honey Bee Best
3    Management Practices contained in subsection (b) of this
4    Section.
5    (b) The contents of the Honey Bee Best Management Practices
6shall provide that:
7        (1) a beekeeper shall post a honey bee caution sign in
8    or near the apiary;
9        (2) a beekeeper shall limit the number of hives in
10    relation to property lot size as follows:
11            (A) less than 1/2 acre is limited to 4 colonies;
12            (B) more than 1/2 acre, less than one acre is
13        limited to 6 colonies;
14            (C) one acre or more is limited to 8 colonies; or
15            (D) regardless of lot size, if all hives are
16        situated at least 200 feet in any direction from all
17        property lines of the lot on which the apiary is
18        situated, or as long as all adjoining property that
19        falls within a 200 feet radius of any hive is
20        undeveloped property, there shall be no limit on the
21        number of hives;
22        (3) hive entrances shall fly away from neighboring
23    property and in a direction that bees fly across the
24    beekeeper's property at a sufficient distance to gain a
25    height of 6 feet; if the bordering property is within a
26    distance of 50 feet, the use of barriers such as hedges,

 

 

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1    shrubs, or fencing shall be employed to redirect the bees'
2    flight pathway and establish bee flight pathways above head
3    height;
4        (4) a beekeeper shall maintain a water source near the
5    colonies at a distance less than the nearest unnatural
6    water supply;
7        (5) an apiary shall not be kept within 50 feet of an
8    established animal that is tethered, kenneled, or
9    otherwise prevented from release;
10        (6) a beekeeper shall avoid opening colonies for
11    inspection or manipulation if neighbors are present or in
12    the immediate vicinity;
13        (7) a beekeeper shall avoid purchasing queens and bees
14    from areas that are documented as an Africanized honey bee
15    zone;
16        (8) a beekeeper shall manage all colonies to minimize
17    swarming; and
18        (9) a beekeeper shall replace queens in colonies
19    exhibiting defensive behavior that may be injurious to the
20    general public or domesticated animals as determined by
21    Department personnel.
 
22    (510 ILCS 20/2b)  (from Ch. 8, par. 124b)
23    Sec. 2b. Import.
24    (a) A person who plans to import bees for the express
25purpose of pollination service, honey production, or permanent

 

 

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1location shall request a permit for entry from the Department
2at least 10 days prior to the arrival of the bees. A valid
3inspection certificate from the state of origin identifying any
4bee diseases that are affecting the bees and the extent of any
5bee diseases, if any, shall accompany the request. A person who
6plans to import vacant used bee equipment into the State shall
7request a permit for entry from the Department at least 10 days
8prior to the arrival of the bee equipment. A valid inspection
9certificate from the state of origin identifying any bee
10disease in the bees that was in the equipment, and stating what
11treatment has been made, if any, to the vacated equipment shall
12accompany the request. A person who keeps bees and who has
13registered them with the Department is required to report to
14the Department additional colonies obtained as packaged bees
15and any honey bee queens imported within 10 days of
16acquisition. No person shall transport a colony of bees or
17items of used bee equipment into this State from another State
18or country having an inspector of apiaries or other officer
19charged with similar duties, without a permit or compliance
20agreement which shall be issued based upon an inspection
21certificate. Such colony or items of used bee equipment may be
22subject to inspection by the Director upon entry into the
23State.
24    (b) No person shall transport a colony of bees or items of
25used bee equipment into this State from another State or
26country not having an inspector of apiaries or other officer

 

 

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1charged with similar duties, unless the shipper or consignee
2has obtained from the Department a permit or compliance
3agreement for the shipment into the State. Such colonies or
4items of used bee equipment may be inspected by the Director
5after arrival in the State. A colony of bees or items of used
6bee equipment found to be infected with bee diseases or
7infested with bee parasites, or exotic strains of bees shall be
8ordered returned to the place of origin or abated.
9    (c) A colony or item of used bee equipment transported in
10violation of this Section may be held and inspected by the
11Department, ordered returned to the place of origin, or abated.
12(Source: P.A. 88-138.)
 
13    (510 ILCS 20/2c)  (from Ch. 8, par. 124c)
14    Sec. 2c. Quarantine and inspection.
15    (a) Upon a finding that there exist in this State, or in
16any other state, territory, district, province or country bee
17diseases, bee parasites, or exotic strains of bees, the
18Director may impose and enforce a quarantine restricting the
19transportation of bees, colonies, or items of used bee
20equipment capable of carrying bee diseases, bee parasites or
21exotic strains of bees into, within or throughout the State. In
22carrying out the provisions of this Section or any quarantine,
23the Director may, at the expense of the owner, when an
24infestation, infection or nuisance is located, seize or abate
25bees, colonies, or items of used bee equipment. If the incident

 

 

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1of bee disease is, in the judgment of the Director, that
2chemical treatment may be successful, the apiary owner shall
3treat the affected colonies as directed. If the incident of the
4bee disease is, in the judgment of the Director, that no
5treatment will be successful, such as in the case of American
6foulbrood, the Director shall notify the apiary owner that the
7affected colonies shall be destroyed and related equipment
8sterilized. The Director, or his or her designee, shall be
9present during the destruction of the colonies and
10sterilization of the bee equipment. In cases involving vacant
11bee equipment that may have been directly or indirectly exposed
12to contagious bee disease, the equipment shall undergo
13sterilization by the Director or by the apiary owner by any
14appropriate method specified by the Director, or his or her
15designee.
16    (b) The Department may not quarantine any colonies
17confirmed infected with any non-transmissible parasitic
18infestation or bee disease. The apiary owner shall, however, be
19encouraged to treat the colonies according to written
20specifications provided by the Department.
21    (c) The Department shall not bring additional regulatory
22action against an apiary owner who is complying or attempting
23to comply with the terms of a quarantine imposed by the
24Department.
25    (d) If the Department finds that a colony of bees under
26quarantine needs to be sterilized due to the owner violating

 

 

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1the terms of the quarantine, or for any other reason, the
2Director may impose an appropriate fee to have each hive
3sterilized to recover the costs for the sterilizations. The
4Department shall review any violation of a quarantine and
5depending upon the severity of the violation, shall assess
6other penalties as provided by rule.
7    (e) When the Director finds that there exist in any other
8state, territory, district, province or country bee diseases,
9bee parasites or exotic strains of bees, with respect to which
10the United States Secretary of Agriculture has not established
11a quarantine, and that the bee diseases, bee parasites, or
12exotic strains of bees coming therefrom into this State are
13likely to convey such diseases, infestations or nuisances, the
14Director shall report such fact to the Governor. The Governor
15may thereupon, by proclamation, prohibit the transportation
16into this State of such bees, colonies, or items of used bee
17equipment except under such regulations as may be prescribed by
18the Department.
19(Source: P.A. 91-357, eff. 7-29-99.)