HB2356 98TH GENERAL ASSEMBLY

LRB098 02656 MGM 32661 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2356

Introduced , by Rep. Frank J. Mautino

SYNOPSIS AS INTRODUCED:

225 ILCS 610/1.1	from Ch. 8, par. 149.1
225 ILCS 610/2	from Ch. 8, par. 150
225 ILCS 610/4	from Ch. 8, par. 152
225 ILCS 610/6	from Ch. 8, par. 154
225 ILCS 610/9.1	from Ch. 8, par. 157.1
225 ILCS 610/9.2	from Ch. 8, par. 157.2
225 ILCS 610/13.1	from Ch. 8, par. 161.1
225 ILCS 610/18	from Ch. 8, par. 166

Amends the Illinois Dead Animal Disposal Act. Removes references to "used cooking grease and oils". Provides that fees under the Act shall be set forth in administrative rules. Provides that the Department of Agriculture of the State of Illinois may refuse to issue or renew, or may suspend or revoke, a license or vehicle permit for failure to pay any fine or fee owed the Department. Makes other changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Illinois Dead Animal Disposal Act is amended by changing Sections 1.1, 2, 4, 6, 9.1, 9.2, 13.1, and 18 as follows:

(225 ILCS 610/1.1) (from Ch. 8, par. 149.1)

Sec. 1.1. As used in this Act, unless the context otherwise requires:

(a) "Department" means the Department of Agriculture of the State of Illinois.

(b) "Person" means any individual, firm, partnership, association, corporation or other business entity.

(c) "Renderer" means any person who, for other than human consumption, collects, cooks and processes bodies or parts of bodies of dead animals, poultry, or fish, or used cooking grease and oils, for the purpose of salvaging hides, wool, skins or feathers, and for the production of animal, poultry, or fish protein, blood meal, bone meal, grease or tallow.

(d) "Blender" means any person who acquires inedible by-products of bodies or parts of bodies of dead animals, poultry, or fish, or used cooking grease and oils, for the purpose of blending them to obtain a desired percentage of protein, degree of quality or color for use in animal feed, poultry feed or fertilizers.

(e) "Collection center" means any place where bodies or parts of bodies of dead animals, poultry, or fish, or used cooking grease and oils, are collected for loading into a permitted vehicle for delivery to the renderer.

(f) "Permittee" means any person issued a vehicle permit under the provisions of this Act.

(g) "Licensee" means any person licensed under the provisions of this Act.

(h) "Rendering materials" means bodies or parts of bodies of dead animals, poultry, or fish, or used cooking grease and oils.

(i) "Animal collection service" means a company that conveys dead animals to a landfill facility licensed under the Environmental Protection Act when no rendering service is available. Waste haulers collecting waste in which a dead animal is included incidental to such waste shall not be considered an "animal collection service" activity.

(Source: P.A. 88-133.)

(225 ILCS 610/2) (from Ch. 8, par. 150)

Sec. 2. Except as otherwise provided in this Section, no person shall engage in the business of disposing of the bodies or parts of bodies of dead animals, poultry, or fish, or used cooking grease and oils, in the State without first obtaining a license or licenses for that purpose from the Department. An owner, operator, or animal collection service may convey dead animals to a licensed landfill facility when no rendering service is available. Such transport shall be direct and not in conjunction with other collection activities, except for waste haulers collecting waste in which a dead animal is included incidental to the collection of such waste. No license or permit is required for any owner, operator or caretaker to convey dead animals to a landfill facility licensed under the Environmental Protection Act.

(Source: P.A. 88-133.)

(225 ILCS 610/4) (from Ch. 8, par. 152)

Sec. 4. Application for such license shall be made to the Department on forms provided by it, which application shall set forth the name and residence of the applicant, classification of license or licenses requested, his place or proposed place of business, and the particular method which he intends to employ in disposing of rendering material and such other information as the Department may require. The licenses shall be classified according to type of plant operated. Renderer: Class "A"--dead animals only; Class "B"--parts of bodies of animals, scrap, bones, or fat, used cooking grease and oils; Class "C"--poultry or parts of poultry and Class "D"--fish or parts of fish; Blender: Class "E"; Collection Center: Class "F"; Animal Collection Service: Class "G".

(Source: P.A. 88-133.)

(225 ILCS 610/6) (from Ch. 8, par. 154)

Sec. 6. On the receipt of the certification described in Section 5, and the payment of the fee provided herein, the Department shall issue a license to the applicant to conduct such business at the place specified in the application for one calendar year or for the portion of the calendar year remaining at the time the license is issued. No license shall be issued for a plant not located within the boundaries of the State of Illinois. No license issued under this Section is transferable.

Nonrefundable The following nonrefundable fees shall be set forth in administrative rules and shall accompany each application for a license.

(Source: P.A. 88-133.)

(225 ILCS 610/9.1) (from Ch. 8, par. 157.1)

Sec. 9.1. Except as otherwise provided in Section 14, no person shall operate a vehicle used to transport rendering materials in this State without a vehicle permit issued by the Department or without complying with this Act. Applications for vehicle permits shall be accepted only from licensed renderers and shall include the name and address of the proposed permittee, the location of the place or intended place of the proposed permittee's business, the number and types of vehicles to be used by the proposed permittee and such other information as may be required by regulations of the Department. Owners or operators of vehicles not owned by licensed renderers in this State shall secure a permit through the licensed renderer or renderers to whom the rendering material will be delivered. The Department shall issue a Class 1 permit for the transporting of dead animals, fish or poultry; a Class 2 permit for transporting parts of bodies of animals, scrap, bones, or fat, or used cooking grease and oils; a Class 3 permit for transporting hides; and a Class 4 permit for transporting bodies or parts of bodies of dead animals, poultry or fish to a landfill as an animal collection service. Permits issued hereunder shall be renewable annually during December of each year. All vehicle permits not renewed during December of each year shall expire on December 31 of that year. A nonrefundable $10 fee as set forth in the appropriate administrative rule shall accompany each application for a vehicle permit or renewal thereof.

(Source: P.A. 88-133.)

(225 ILCS 610/9.2) (from Ch. 8, par. 157.2)

Sec. 9.2. Each vehicle issued a Class 1 permit shall have the inscription "Illinois Dead Animal Disposal Permit No. ...", as assigned; each truck granted a Class 2 permit shall have the inscription "Illinois Scrap and Grease Permit No. ...", as assigned; and each truck granted a Class 3 permit shall have the inscription "Illinois Hide Permit No. ...", as assigned. All of these inscriptions shall be painted in a conspicuous place in contrasting color on the left side of the bed of the vehicle in letters not less than 3 inches high. If the vehicle transporting the rendering material or conveying dead animals to a landfill is not a van type truck, the vehicle bed, as well as any properly identified tanks or barrels used for the transportation of rendering material, when loaded or partially loaded, shall be covered when traveling highways of the State of Illinois. Vehicle beds shall be leak-proof or constructed so that no drippings or seepage can escape.

Collection vehicles containing rendering material or used for transporting dead animals, poultry, fish, or parts of bodies thereof shall be thoroughly scrubbed and disinfected after hauling each load, or before proceeding for another load. All vehicle beds shall be painted as necessary, and kept in good condition and repair at all times.

(Source: P.A. 88-133.)

(225 ILCS 610/13.1) (from Ch. 8, par. 161.1)

Sec. 13.1. The Department may refuse to issue or renew, or may suspend or revoke, a license or vehicle permit on grounds including, but not limited to, any one or more of the following:

(1) The making of a material misstatement of fact in the application for an original license or vehicle permit, or in the application for any renewal license or vehicle permit;

(2) Wilful disregard or wilful violation of this Act or any regulations or rules issued pursuant thereto;

(3) Wilfully aiding or abetting another in the violation of this Act or any regulation or rule issued pursuant thereto;

(4) Allowing one's license to be used by an unlicensed person;

(5) Conviction of any crime, an essential element of which is the making of a material misstatement of fact, fraud or dishonesty, or conviction of any crime relative to the disposition of dead animals or the provisions of this Act, if the Department determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust;

(6) Making wilful misrepresentations or false promises of a character likely to influence, persuade or induce in connection with the business of a licensee or permittee;

(7) Pursuing a continued course of wilful misrepresentation or making false promises through advertising, salesmen, agents, or otherwise, in connection with the business of a licensee or permittee; or

(8) Failure to possess the necessary qualifications or to meet the requirements of the Act for the issuance or holding a license or permit.

(9) Failure to pay any fine or fee owed the Department.

(Source: P.A. 83-760.)

(225 ILCS 610/18) (from Ch. 8, par. 166)

Sec. 18. The transportation of bodies or parts of bodies of dead animals, poultry, or fish, or used cooking greases and oils, raw or unrendered, except green or salted hides, shall not be allowed into other states except by reciprocal agreements with other states under rules of the Department.

(Source: P.A. 87-157.)

Section 99. Effective date. This Act takes effect upon becoming law.