State of Illinois
90th General Assembly
Legislation

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[ Senate Amendment 001 ]

90_HB1177enr

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          Amends the  Civil  Administrative  Code  of  Illinois  in
      relation  to  the  State  fair  grounds.  Amends the Soil and
      Water Conservation Districts Act in relation to  organization
      of  the  governing  body.   Amends  the  Illinois Egg and Egg
      Products  Act  in  relation  to  temperature   and   labeling
      requirements.    Amends   the   Illinois  Bovine  Brucellosis
      Eradication Act in relation to defining "cattle" and "bison",
      branding animals classified as reactors to a  test,  shipping
      of  dairy  or  breeding  cattle, shipping of female cattle of
      beef breeds, and the duty of persons before accepting  cattle
      or   bison   for   shipment.    Amends  the  Illinois  Bovine
      Tuberculosis Eradication Act in relation to  branding  cattle
      that  have  reacted to a tuberculin test and selling reacting
      cattle.   Removes  provision  permiting  the  Department   of
      Agriculture  to  allow  the sale and transfer of cattle under
      quarantine.  Adds bison, sheep, goats, antelopes, and cervids
      to certain provisions of the Act.  Repeals  the  Agricultural
      Foreign Investment Disclosure Act.  Effective immediately.
                                                    LRB9000173NTsbC
HB1177 Enrolled                               LRB9000173NTsbC
 1        AN ACT concerning agriculture, amending named Acts.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The Civil Administrative Code of Illinois  is
 5    amended by changing Section 42 as follows:
 6        (5 ILCS 620/42) (from Ch. 127, par. 42)
 7        Sec.  42.  The  people  of  the  State  of Illinois shall
 8    succeed to all the right, title and interest of the  Illinois
 9    Department  State  Board  of  Agriculture in and to the State
10    fair grounds, and to all lands, buildings, money,  unexpended
11    appropriations or other property connected therewith.
12    (Source: Laws 1917, p. 2.)
13        Section  10.  The  Soil  and Water Conservation Districts
14    Act is amended by changing Section 21 as follows:
15        (70 ILCS 405/21) (from Ch. 5, par. 126)
16        Sec. 21.  Organization of governing body.  The  directors
17    shall elect one of their members as chairman to hold for such
18    time  as  the  directors may determine but no longer than the
19    term for which he was elected.  A majority of  the  directors
20    shall  constitute  a quorum and the concurrence of a majority
21    of  a  quorum  in  any  matter  shall  be  required  for  its
22    determination.  Directors may receive reasonable compensation
23    for their services not to exceed  $20  per  day  and  may  be
24    reimbursed   for   expenses,  including  traveling  expenses,
25    necessarily incurred in the discharge of their  duties.   The
26    directors   may  employ  such  technical  assistants  as  the
27    district needs.  The directors may also  employ  a  secretary
28    and  such other officers, agents and employees, permanent and
29    temporary, as they may  require  and  shall  determine  their
HB1177 Enrolled            -2-                LRB9000173NTsbC
 1    qualifications,  duties  and compensation.  The directors may
 2    delegate to their chairman  or  to  one  or  more  agents  or
 3    employees  such  powers  and  duties as they deem proper. The
 4    directors shall keep  a  record  of  all  their  actions  and
 5    proceedings  and  of  all resolutions, regulations and orders
 6    issued or adopted by them; and shall adopt a seal, which seal
 7    shall be judicially noticed.
 8        The directors shall provide for the execution  of  surety
 9    bonds  for  all employees and officers who shall be entrusted
10    with funds or property;  and  shall  provide  for  an  annual
11    financial  report of the results of an examination and review
12    audit of the accounts of  receipts  and  disbursements  in  a
13    manner prescribed by the Department.
14        The  directors  may provide employee benefits through the
15    Illinois Municipal Retirement Fund if the district meets  the
16    applicable  requirements of the Illinois Pension Code and the
17    Federal Social Security Act.
18        The directors may invite  any  municipal  corporation  or
19    county  located  near  the  territory  comprised  within  the
20    district  to designate a representative to advise and consult
21    with the directors  of  the  district  on  all  questions  of
22    program  and  policy  which  may  affect the property, roads,
23    water  supply,  or  other   interests   of   such   municipal
24    corporation or county.
25    (Source: P.A. 82-245.)
26        Section  15.  The Livestock Auction Market Law is amended
27    by changing Section 8d as follows:
28        (225 ILCS 640/8d) (from Ch. 121 1/2, par. 215d)
29        Sec. 8d.  Other Acts.  All persons  licensed  under  this
30    Act must also comply with all the provisions of the "Illinois
31    Bovine  Brucellosis  Eradication  Act"  and the rules adopted
32    pursuant to that law,  the  "Illinois  Bovidae  and  Cervidae
HB1177 Enrolled            -3-                LRB9000173NTsbC
 1    Bovine  Tuberculosis  Eradication  Act" and the rules adopted
 2    pursuant to that law, the "Illinois Diseased Animals Act" and
 3    the rules adopted pursuant to that law, "An Act providing for
 4    the  licensing  of  feeder  swine  dealers,  regulating  such
 5    business, and providing penalties for violations hereof"  and
 6    the  rules  adopted  pursuant  to  that  law,  the  "Illinois
 7    Livestock   Dealer  Licensing  Act"  and  the  rules  adopted
 8    pursuant to that law, the "Slaughter  Livestock  Buyers  Act"
 9    and  the  rules  adopted  pursuant to that law, the "Illinois
10    Swine Brucellosis Eradication  Act"  and  the  rules  adopted
11    pursuant to that law, the "Illinois Swine Disease Control and
12    Eradication  Act" and the rules adopted pursuant to that law,
13    the Illinois Equine Infectious Anemia  Control  Act  and  the
14    rules  adopted under that Act, and the "Illinois Pseudorabies
15    Control Act" and the rules adopted pursuant to that law.
16    (Source: P.A. 89-154, eff. 1-1-96.)
17        Section 20.  The Illinois Livestock Dealer Licensing  Act
18    is amended by changing Section 19.1 as follows:
19        (225 ILCS 645/19.1) (from Ch. 111, par. 420.1)
20        Sec. 19.1.  All persons licensed under this Act must also
21    comply  with  all  the  provisions  of  the  "Illinois Bovine
22    Brucellosis Eradication Act" and the rules  adopted  pursuant
23    to  that  law,  the  "Illinois  Bovidae  and  Cervidae Bovine
24    Tuberculosis Eradication Act" and the rules adopted  pursuant
25    to  that  law,  the  "Illinois  Diseased Animals Act" and the
26    rules adopted pursuant to that  law,  the  "Humane  Care  for
27    Animals  Act" and the rules adopted pursuant to that law, the
28    "Livestock Auction Market Law" and the rules adopted pursuant
29    to that law, and the "Illinois Swine Brucellosis  Eradication
30    Act"  and  the  rules  adopted  pursuant to that law, and the
31    "Illinois Pseudorabies Control  ct"  and  the  rules  adopted
32    pursuant to that law.
HB1177 Enrolled            -4-                LRB9000173NTsbC
 1    (Source: P.A. 85-165; 85-171.)
 2        Section  30.  The Illinois Bovine Brucellosis Eradication
 3    Act is amended by adding Sections 1.14 and 1.15 and  changing
 4    Sections 5, 6.1, 6.3, and 7 as follows:
 5        (510 ILCS 30/1.14 new)
 6        Sec.  1.14.  Cattle.   The term "cattle" means any member
 7    of the family bovidae of the genus bos, including all  exotic
 8    types  of  cattle and oxen but excluding antelope, sheep, and
 9    goats.
10        (510 ILCS 30/1.15 new)
11        Sec. 1.15.  Bison.  The term "bison" means any member  of
12    the  genus bison, including buffalo, exotic types of buffalo,
13    and crossbred bison or buffalo such as beefalo and cattalo.
14        (510 ILCS 30/5) (from Ch. 8, par. 138)
15        Sec. 5. When one or more animals  in  a  herd  have  been
16    classified  as reactors to an official test, the entire herd,
17    except steers, spayed heifers and calves under  6  months  of
18    age,  shall  be  quarantined  immediately  and  the  owner so
19    notified. An accredited veterinarian or a veterinarian in the
20    employ of the Animal and Plant Health Inspection  Service  of
21    the United States Department of Agriculture, or any successor
22    agency,   shall   permanently  hot  iron  brand  each  animal
23    classified as a reactor, within 15 days after  classification
24    of  such  animal  as  a reactor, on the left hip jaw with the
25    letter "B", such letter to be not less than 2 nor more than 3
26    inches in height, and shall place  a  special  identification
27    tag  in  the  left  ear  of  such  reactor.  The veterinarian
28    applying an official test for brucellosis  shall  immediately
29    notify the Department of each such reactor on forms furnished
30    by the Department, giving the number of the tag placed in the
HB1177 Enrolled            -5-                LRB9000173NTsbC
 1    left ear and the number of any tag in the right ear. Reactors
 2    shall  be  shipped for slaughter within 30 days of test date,
 3    except that  the  Department  may,  upon  request,  grant  an
 4    extension  of  not  more  than 30 days. Suspect animals which
 5    have a  history  of  having  aborted  and  are  from  a  herd
 6    containing  reactors  may  be  designated  as reactors by the
 7    veterinarian obtaining the blood samples,  when  approved  by
 8    the Department. Suspect animals in herds under quarantine due
 9    to brucellosis infection may be designated as reactors by the
10    Department if deemed advisable in the interest of brucellosis
11    eradication.    No    person   shall   remove   any   reactor
12    identification tag.
13        All animals classified as suspects to  an  official  test
14    shall  be positively identified and their movement restricted
15    to the premises where found until they are retested and found
16    negative, or identified as reactors.
17    (Source: P.A. 85-323.)
18        (510 ILCS 30/6.1) (from Ch. 8, par. 139.1)
19        Sec. 6.1. Shipping of dairy or breeding cattle. No  dairy
20    or breeding cattle more than 6 months of age shall be shipped
21    from any public stockyards in Illinois consigned to any point
22    within the State unless they are accompanied by a certificate
23    of   health   issued  by  an  accredited  veterinarian  or  a
24    veterinarian  employed  by  the  Animal  and   Plant   Health
25    Inspection   Service  of  the  United  States  Department  of
26    Agriculture, or any successor agency, showing  them  to  have
27    been  negative  to  an official test for brucellosis prior to
28    release from such public stockyards or be under 24 months  of
29    age for beef breeds and 20 months of age for dairy breeds and
30    accompanied  by  a  record  of  official brucellosis calfhood
31    vaccination.
32        Cattle consigned to public  stockyards  in  Illinois  may
33    enter  such public stockyards without test or certificates of
HB1177 Enrolled            -6-                LRB9000173NTsbC
 1    health showing them to be  free  from  brucellosis,  however,
 2    these  animals  must  be  negative  to  an  official test for
 3    brucellosis before they are removed to an Illinois farm.
 4    (Source: P.A. 88-91; 88-457.)
 5        (510 ILCS 30/6.3) (from Ch. 8, par. 139.3)
 6        Sec. 6.3.  Female cattle of the beef breeds  over  6  and
 7    under  18  months  of  age,  for feeding and grazing purposes
 8    only, may enter the State  or  may  be  shipped  from  public
 9    stockyards,  marketing centers, or auction markets within the
10    State without test for brucellosis.  Such  cattle  are  under
11    quarantine until they have passed a negative brucellosis test
12    and  such  test  is  reported  to  the Department, or until a
13    report of  their  disposal  for  slaughter  is  made  to  the
14    Department.  They  may  be  held  in  quarantine without test
15    during their feeding and grazing period, which  period  shall
16    not  exceed 12 months from date of entry. Upon application to
17    the Department and at the discretion of the  Department  such
18    period may be extended for an additional period not to exceed
19    90  days. At the expiration of the feeding and grazing period
20    the cattle shall be sold for immediate  slaughter  or  tested
21    for  brucellosis at the expense of the owner. The owner shall
22    report  such  disposition  to  the  Department.  Such  cattle
23    classified as reactors to an official  test  for  brucellosis
24    shall  be  sold  for  immediate slaughter and the owner shall
25    report their disposal to the Department.
26    (Source: P.A. 80-518.)
27        (510 ILCS 30/7) (from Ch. 8, par. 140)
28        Sec.  7.   Before  accepting  any  cattle  or  bison  for
29    shipment into the State of Illinois or  consigned  to  points
30    within  the State of Illinois, except to public stockyards or
31    to a State or Federal  approved  slaughtering  establishment,
32    every  person, transportation company or truck operator shall
HB1177 Enrolled            -7-                LRB9000173NTsbC
 1    require that a certificate of health or permit or  any  other
 2    health  or  slaughter  forms  required to accompany cattle or
 3    bison, as required in  the  orders  and  regulations  of  the
 4    Department,  be  furnished them to be attached to the waybill
 5    and accompany the animal to  its  destination.  Such  person,
 6    transportation  company,  or  truck  operator shall have such
 7    certificate of health or permit in his or its  possession  at
 8    all  times from the loading of such animal to the delivery of
 9    such animal at its destination, and available for  inspection
10    upon demand.
11    (Source: P.A. 80-518.)
12        Section 35.  The Illinois Bovine Tuberculosis Eradication
13    Act  is  amended by changing Sections 1, 1.3, 1.6, 1.8, 2, 3,
14    4, 5, 6, 7, 9, 10, 12.5, 12.6, 13, 14, 15, 17a, 18,  19,  and
15    22  and  adding  Sections  1.9, 1.10, 1.11, 1.12, and 1.13 as
16    follows:
17        (510 ILCS 35/1) (from Ch. 8, par. 87)
18        Sec.  1.  Definitions.   Unless  the  context   otherwise
19    requires,  the words, terms and phrases used in this Act have
20    the meanings ascribed to them in the following  Sections  1.1
21    through 1.8.
22    (Source: P.A. 83-760.)
23        (510 ILCS 35/1.3) (from Ch. 8, par. 87.3)
24        Sec.  1.3.  Quarantine.  "Quarantine"  means condition in
25    which members of the families bovidae or cervidae as  defined
26    in this Act cattle shall be kept separate and apart from, and
27    not allowed to come in contact in any way with, other cattle,
28    bison, sheep, goats, antelope, or cervidae.
29    (Source: Laws 1967, p. 512.)
30        (510 ILCS 35/1.6) (from Ch. 8, par. 87.6)
HB1177 Enrolled            -8-                LRB9000173NTsbC
 1        Sec.  1.6.  Tuberculous  reactor;  reactor.  "Tuberculous
 2    reactor"  or  "reactor"  means  cattle,  bison, sheep, goats,
 3    antelope, or cervidae that evidence  a  bovine  animal  which
 4    evidences a systemic or local reaction after the injection of
 5    tuberculin.
 6    (Source: Laws 1967, p. 512.)
 7        (510 ILCS 35/1.8) (from Ch. 8, par. 87.8)
 8        Sec.  1.8.  Tuberculosis  suspect. "Tuberculosis suspect"
 9    means any cattle, bison, sheep, goats, antelope, or  cervidae
10    bovine that show shows a response to a caudal fold tuberculin
11    test  or  single  cervical  tuberculin  test  in  the case of
12    cervidae and are is  not  classified  a  reactor  or  cattle,
13    bison,  sheep, goats, antelope, or cervids that have a bovine
14    which has been classified a suspect by a comparative cervical
15    test.
16    (Source: P.A. 83-760.)
17        (510 ILCS 35/1.9 new)
18        Sec. 1.9.  Cattle.  "Cattle"  means  any  member  of  the
19    family  bovidae  of the genus bos, including all exotic types
20    of cattle and oxen.
21        (510 ILCS 35/1.10 new)
22        Sec. 1.10.  Bison.  "Bison" means any member of the genus
23    bison,  including  buffalo,  exotic  types  of  buffalo,  and
24    crossbred bison or buffalo such as beefalo and cattalo.
25        (510 ILCS 35/1.11 new)
26        Sec. 1.11.  Sheep and goats.  "Sheep"  and  "goats"  mean
27    any  member  of the family bovidae of the subfamily Caprinae,
28    which  includes  all  domestic  and  wild  members   of   the
29    subfamily.
HB1177 Enrolled            -9-                LRB9000173NTsbC
 1        (510 ILCS 35/1.12 new)
 2        Sec. 1.12.  Antelope.  "Antelope" means any member of the
 3    family bovidae of the subfamily Antilopinae.
 4        (510 ILCS 35/1.13 new)
 5        Sec.  1.13.  Cervidae  or cervid.  "Cervidae" or "cervid"
 6    means any member of the family cervidae, including all  types
 7    of domestic deer, moose, and elk maintained in captivity.
 8        (510 ILCS 35/2) (from Ch. 8, par. 88)
 9        Sec.  2.  Testing  required.   All  owners  of  dairy  or
10    breeding  cattle,  bison,  sheep, goats, antelope, or cervids
11    within the State  of  Illinois  shall  submit  their  cattle,
12    bison,  sheep,  goats,  antelope, or cervids for a tuberculin
13    test upon request of the Department of Agriculture, and shall
14    provide necessary facilities for making tests and render such
15    assistance as may be required by the Department.  The  direct
16    expense of making such tests shall be paid by the Department.
17    (Source: P.A. 77-110.)
18        (510 ILCS 35/3) (from Ch. 8, par. 89)
19        Sec.  3.  Authorization of veterinarian; results of test.
20    The Department may authorize any accredited veterinarian or a
21    veterinarian employed by  the  United  States  Department  of
22    Agriculture  or  any  successor agency to conduct a bovine or
23    cervid  tuberculin test. Immediately upon completion of  such
24    test,  the veterinarian shall forward the results of the test
25    on prescribed forms to the Department.
26    (Source: P.A. 82-700.)
27        (510 ILCS 35/4) (from Ch. 8, par. 90)
28        Sec. 4.  Destruction of infected  animals;  depopulation.
29    If,  upon making any tests, as provided in this Act, it shall
30    appear that any such cattle, bison, sheep,  goats,  antelope,
HB1177 Enrolled            -10-               LRB9000173NTsbC
 1    or  cervids  are  affected with tuberculosis, it shall be the
 2    duty  of  the  Department  of  Agriculture   to   cause   the
 3    destruction  thereof,  in  such  manner as may be deemed most
 4    expedient.
 5        The  entire  herd  or  flock  may  be  depopulated   when
 6    Mycobacterium  bovis  infection  is  confirmed  in  a cattle,
 7    bison,  sheep,  goat,  antelope,  or  cervid  herd  or  flock
 8    through  examination  of  tissues  at   the   United   States
 9    Department  of  Agriculture  Veterinary  Services  Diagnostic
10    Laboratory   at   Ames,  Iowa,  or  a  comparable  accredited
11    laboratory, or with the consent of  the  owner  when  lesions
12    indicative of tuberculosis are disclosed at slaughter and the
13    tuberculin  test  results,  herd  history and epidemiological
14    studies provide a basis for such depopulation.
15    (Source: P.A. 83-760.)
16        (510 ILCS 35/5) (from Ch. 8, par. 91)
17        Sec. 5.   Branding  infected  animals;  quarantine.   All
18    cattle,  bison, sheep, goats, antelope, or cervids that which
19    have now reacted or shall hereafter react to  the  tuberculin
20    test  shall,  immediately  upon  such  reaction, be marked by
21    branding on the left hip jaw with a letter  "T".  The  letter
22    shall  be  not  less  than  two nor more than three inches in
23    length, and the animal shall be tagged in the left ear with a
24    special tag to be furnished by the Department of Agriculture.
25    It is the duty of the veterinarian  applying  the  tuberculin
26    test  to  immediately notify the Department of Agriculture of
27    such  reactors,  and  to  brand  and  tag  such  animals   as
28    prescribed in this Act.
29        No person shall remove any such identification tag.
30        On  receipt  of such notice the Department of Agriculture
31    shall mail, or deliver to the owner of such reacting animal a
32    written quarantine notice to prohibit the  movement  of  such
33    animal  from  the  premises  where  found,  except for direct
HB1177 Enrolled            -11-               LRB9000173NTsbC
 1    shipment to an approved stockyard or an approved slaughtering
 2    establishment, and to further prohibit the movement from  the
 3    premises  of  any other animals in the herd except on written
 4    permit from the Department, until the quarantine is  released
 5    by the Department. Depositing such notice in any post office,
 6    letter  box,  or  other receptacle erected and maintained for
 7    the receipt of mail is sufficient notice of such quarantine.
 8        The  Department  may  quarantine  cattle,  bison,  sheep,
 9    goats, antelope, or cervids suspected of being infected  with
10    tuberculosis. Suspicion of tuberculosis infection in the herd
11    may  be  based  upon, but is not specifically limited to, the
12    presence of lesions grossly indicative of Mycobacterium bovis
13    and confirmed  by  laboratory  examination,  revealed  in  an
14    animal  at  time  of  slaughter  or autopsy with a subsequent
15    trace made to the herd of  origin  of  the  animal  or,  when
16    cattle, bison, sheep, goats, antelope, or cervids originating
17    from  an  infected  herd  have  been  sold  or transferred to
18    another herd or, possible contact of  cattle,  bison,  sheep,
19    goats,  antelope,  or  cervids,  either  through  physical or
20    mechanical means, with animals from an infected herd, or when
21    tracing and epidemiologic analysis indicate  possible  spread
22    from an infected herd. Such quarantine shall remain in effect
23    until  official  tests  or  autopsies  fail  to  disclose the
24    presence of tuberculosis.
25        The owner of cattle, bison, sheep,  goats,  antelope,  or
26    cervids  under  quarantine  shall  comply with all quarantine
27    measures which are considered necessary by the Department  of
28    Agriculture   and   bear  all  expense  connected  with  such
29    quarantine.
30        The Department of Agriculture  may  allow  the  sale  and
31    transfer   of   cattle   under  quarantine  subject  to  such
32    reasonable regulations as the Department may prescribe.
33    (Source: P.A. 83-760.)
HB1177 Enrolled            -12-               LRB9000173NTsbC
 1        (510 ILCS 35/6) (from Ch. 8, par. 92)
 2        Sec. 6.  Appraisal and payment for animals destroyed.  If
 3    any  cattle,  bison, or cervids tested for tuberculosis under
 4    this Act react to the test and are destroyed,  the  State  of
 5    Illinois  shall  pay  to  the owner of such cattle, bison, or
 6    cervids an indemnity of $200 for any grade animal or $400 for
 7    any registered animal. The  Department  may,  by  regulation,
 8    increase the indemnity payments to facilitate the program for
 9    eradication  of tuberculosis. No payment shall be made unless
10    the  owner  has   complied   with   all   lawful   quarantine
11    regulations.
12        Before  payment  of indemnity, the owner shall present to
13    the Department the registration certificates covering animals
14    registered with an approved registry  association,  otherwise
15    indemnity payment shall be made as grade. A reasonable length
16    of  time  shall  be  allowed for the registration of eligible
17    animals that are under 3 years of age.
18        When  the  complete  herd   depopulation   procedure   is
19    followed,  the State shall pay to the owner of cattle, bison,
20    or cervids destroyed the  appraisal  value  of  such  cattle,
21    bison,  or  cervids, less any salvage value received and less
22    any indemnity received from the Federal Government, but in no
23    case shall the State indemnity  payment  exceed  $200  for  a
24    grade  animal  or  $400  for  a  registered animal, except as
25    provided in Section 7 of this  Act.  All  cattle,  bison,  or
26    cervids  in  a  herd,  regardless  of  test  status,  may  be
27    destroyed when Mycobacterium bovis is confirmed in the herd.
28    (Source: P.A. 83-760.)
29        (510 ILCS 35/7) (from Ch. 8, par. 93)
30        Sec. 7.  Failure of U.S. government to cooperate; payment
31    for  animals  destroyed.  If  at any time the Congress of the
32    United States fails or refuses to make  an  appropriation  to
33    assist  in the eradication of tuberculosis and in the payment
HB1177 Enrolled            -13-               LRB9000173NTsbC
 1    for cattle, bison, or cervids destroyed under this Act, or if
 2    for any other reason or in any other way the  cooperation  of
 3    the  United  States  Government  is  withdrawn,  the State of
 4    Illinois shall pay to the owner  of  any  cattle,  bison,  or
 5    cervids tested for tuberculosis which react and are destroyed
 6    under  this Act an additional indemnity of $200 for any grade
 7    animal or $400 for any registered animal. When  the  complete
 8    herd  depopulation  procedure  is followed and funds from the
 9    United States Government are not available or are  withdrawn,
10    the State shall pay to the owner of cattle, bison, or cervids
11    destroyed  the  appraisal  value  of  such  cattle, bison, or
12    cervids, less any salvage value  received,  but  in  no  case
13    shall  the  State indemnity payment exceed $400 for any grade
14    animal or $800 for any registered animal. The Department may,
15    by regulation, increase the indemnity payments to  facilitate
16    the  program  for eradication of tuberculosis. If at any time
17    the  State  of  Illinois  fails  or  refuses   to   make   an
18    appropriation  for  the  eradication  of  tuberculosis and in
19    payment for cattle, bison, or  cervids  destroyed  under  the
20    provisions  of  this Act, or if at any time the appropriation
21    made by the General Assembly of this State for  such  purpose
22    shall  become  exhausted,  the  testing  of cattle, bison, or
23    cervids as provided for in this Act shall be suspended  until
24    such  time as money shall be available for payment of cattle,
25    bison, or cervids destroyed under this Act.
26    (Source: P.A. 83-760.)
27        (510 ILCS 35/9) (from Ch. 8, par. 95)
28        Sec.  9.  Certificate  of  tuberculosis-free  herd.   The
29    Department   of   Agriculture   shall   establish  rules  for
30    determining when a herd of cattle, bison, goats,  or  cervids
31    shall be considered as tuberculosis-free. When any herd meets
32    such   requirements   the   owner  shall  be  entitled  to  a
33    certificate from the Department of Agriculture  showing  that
HB1177 Enrolled            -14-               LRB9000173NTsbC
 1    the   herd  is  a  tuberculosis-free  accredited  herd.  Such
 2    certificate shall be revoked  whenever  the  herd  no  longer
 3    meets  the necessary requirements for an accredited herd, but
 4    the herd  may  be  reinstated  as  an  accredited  herd  upon
 5    subsequent  compliance  with  such  requirements.  "Herd"  as
 6    herein used shall include one or any number of cattle, bison,
 7    goats, or cervids.
 8    (Source: Laws 1929, p. 7.)
 9        (510 ILCS 35/10) (from Ch. 8, par. 96)
10        Sec.  10.  Sale, distribution, and use of tuberculin; who
11    may test. The Department shall control the sale, distribution
12    and use of all tuberculin in the State, and  shall  formulate
13    rules  for  its  distribution  and  use.  Only  an accredited
14    veterinarian or a veterinarian employed by the United  States
15    Department of Agriculture or any successor agency shall apply
16    a  tuberculin  test to cattle, bison, sheep, goats, antelope,
17    or cervids in this State.
18    (Source: P.A. 82-700.)
19        (510 ILCS 35/12.5) (from Ch. 8, par. 98.5)
20        Sec.  12.5.  Animals  for  immediate  slaughter.  Cattle,
21    bison, sheep,  goats,  antelope,  or  cervids  for  immediate
22    slaughter  consigned  to a recognized slaughtering center may
23    be shipped into Illinois without a  tuberculin  test,  health
24    certificate, or other entry certificates.
25    (Source: P.A. 83-760.)
26        (510 ILCS 35/12.6) (from Ch. 8, par. 98.6)
27        Sec.  12.6.   Negative tuberculin test; quarantine. When,
28    for the protection of the livestock herds of Illinois, and in
29    the interest of the general public, in  the  opinion  of  the
30    Department  of  Agriculture  it  is  deemed  advisable,  said
31    Department  shall  have  the  authority to require a negative
HB1177 Enrolled            -15-               LRB9000173NTsbC
 1    tuberculin testing test prior to entry into Illinois  and  or
 2    prior  to  exhibition  in  Illinois,  and  to  quarantine for
 3    tuberculosis all cattle, sheep, goats, antelope, cervids,  or
 4    bison  shipped  into  Illinois  or  from  a public stock yard
 5    through  regulations  promulgated  by  the   Department   and
 6    approved  by  the  Advisory Board of Livestock Commissioners.
 7    However, no tuberculin test shall be required for any  cattle
 8    exhibiting  in  the  State  of Illinois that originate from a
 9    Tuberculosis Accredited  Free  State  as  defined  under  the
10    Bovine  Tuberculosis  Eradication  Uniform  Methods and Rules
11    approved by the U. S. Department of Agriculture.
12    (Source: P.A. 85-175.)
13        (510 ILCS 35/13) (from Ch. 8, par. 99)
14        Sec. 13. Importation  of  animals;  certificates.  Before
15    accepting  consignment of cattle, bison, antelope, or cervids
16    for importation into the  State  of  Illinois,  all  persons,
17    transportation  companies,  or truck operators, shall require
18    that a copy of the  certificate  of  health,  or  permit,  or
19    Federal  Inspection  Certificate, covering the animals in the
20    shipment, as required in the orders and  regulations  of  the
21    Department,  be  delivered  to  them  to  be  attached to the
22    waybill and accompany the shipment to its  destination.  Such
23    certificates  must be carried by the person in charge of said
24    cattle, bison, antelope, or  cervids  and  be  available  for
25    inspection  upon  demand. A copy of the certificate of health
26    under which cattle, bison, antelope, or cervids  are  brought
27    into the State of Illinois, bearing the approval of the State
28    Animal Health Official of the State of origin, must be mailed
29    to the Department of Agriculture.
30    (Source: P.A. 77-110.)
31        (510 ILCS 35/14) (from Ch. 8, par. 100)
32        Sec.  14.  Sale of reacting animals. It shall be unlawful
HB1177 Enrolled            -16-               LRB9000173NTsbC
 1    to sell, offer for sale, trade, give away, or to purchase any
 2    cattle, bison, sheep, goats, antelope, or  cervids  known  to
 3    have  reacted to the tuberculin test, except for slaughter at
 4    an approved slaughtering establishment.   No  cattle,  bison,
 5    sheep,  goats, antelope, or cervids shipped from a herd under
 6    quarantine shall be diverted en  route  to  the  slaughtering
 7    establishment.
 8    (Source: P.A. 77-110.)
 9        (510 ILCS 35/15) (from Ch. 8, par. 101)
10        Sec.  15. Care of undelivered animals. In all cases where
11    the transportation company is obliged under the provisions of
12    this law to withhold or refuse  delivery  of  cattle,  bison,
13    sheep, goats, antelope, or cervids, the duty to feed and care
14    for  such  cattle,  bison, sheep, goats, antelope, or cervids
15    shall be upon the owner or  consignor,  or  in  case  of  his
16    default in so doing then by the transportation company at the
17    expense  of  the  owner or consignor, and such transportation
18    company shall in such case have a lien upon such animals  for
19    food,  care  or  custody  furnished,  and such transportation
20    company shall not be liable for any detention to such cattle,
21    bison,  sheep,  goats,  antelope,  or   cervids   to   enable
22    compliance with the provisions of this Act.
23    (Source: Laws 1929, p. 7.)
24        (510 ILCS 35/17a) (from Ch. 8, par. 103.1)
25        Sec.  17a. Application of Act. This Act shall not prevent
26    the movement of cattle, bison,  sheep,  goats,  antelope,  or
27    cervids  into  stockyards  registered  under  the Packers and
28    Stockyards  Act,  a   State-Federal   approved   slaughtering
29    establishment  or  a  marketing center approved by the United
30    States Department of Agriculture and the Illinois  Department
31    of  Agriculture  as defined in the Illinois Livestock Auction
32    Market Law, and operating under  the  rules  and  regulations
HB1177 Enrolled            -17-               LRB9000173NTsbC
 1    pertaining to marketing centers.
 2    (Source: P.A. 77-110.)
 3        (510 ILCS 35/18) (from Ch. 8, par. 104)
 4        Sec.  18.  Administration  and  enforcement of Act; entry
 5    upon  premises.  The   Department   is   charged   with   the
 6    administration  and  enforcement  of  this Act, and may adopt
 7    reasonable  rules  and  regulations  therefor.  No  rule   or
 8    regulation  adopted  or  issued by the Department, under this
 9    Act, shall be effective on and after January 1, 1946,  unless
10    such  rule  or  regulation has been submitted to the Advisory
11    Board of Livestock Commissioners for approval. To effect  the
12    purposes of this Act, the Department shall cooperate with the
13    Department of Agriculture of the United States.
14        The   Department   or   its  duly  authorized  agent,  in
15    performing the  duties  vested  in  it  under  this  Act,  is
16    empowered  to  enter  during  usual  working  hours  upon any
17    premises, barns, stables, sheds or other  places  where  such
18    cattle, bison, sheep, goats, antelope, or cervids  are housed
19    or kept.
20        Sheriffs, prosecuting attorneys and their deputies shall,
21    in   their  respective  jurisdiction,  render  all  necessary
22    assistance to enable the Department or  its  duly  authorized
23    agent to enforce this Act.
24    (Source: P.A. 77-110.)
25        (510 ILCS 35/19) (from Ch. 8, par. 104a)
26        Sec.  19.   Penalty; quarantine. Any person violating any
27    provision of this Act is guilty of  a  business  offense  and
28    shall  be  punished  by  a fine of not less than $50 nor more
29    than $1,000.
30        In addition to the penalty herein provided, if any  owner
31    of  dairy  or breeding cattle, bison, sheep, goats, antelope,
32    or cervids refuses  to  submit  such  cattle,  bison,  sheep,
HB1177 Enrolled            -18-               LRB9000173NTsbC
 1    goats,  antelope,  or  cervidae  for  a tuberculin test, such
 2    cattle, bison, sheep, goats,  antelope,  or  cervids  may  be
 3    placed in quarantine until submitted for test.
 4    (Source: P.A. 77-2677.)
 5        (510 ILCS 35/22) (from Ch. 8, par. 104d)
 6        Sec. 22. Short title.  This Act shall be known and may be
 7    cited   as   the   "Illinois   Bovidae  and  Cervidae  Bovine
 8    Tuberculosis Eradication Act".
 9    (Source: P.A. 82-700.)
10        Section 999.  Effective date.  This Act takes effect upon
11    becoming law.
HB1177 Enrolled            -19-               LRB9000173NTsbC
 1                                INDEX
 2               Statutes amended in order of appearance
 3                              SEE INDEX
 4    5 ILCS 620/42             from Ch. 127, par. 42
 5    70 ILCS 405/21            from Ch. 5, par. 126
 6    225 ILCS 640/8d           from Ch. 121 1/2, par. 215d
 7    225 ILCS 645/19.1         from Ch. 111, par. 420.1
 8    410 ILCS 615/6            from Ch. 56 1/2, par. 55-6
 9    510 ILCS 30/1.14 new
10    510 ILCS 30/1.15 new
11    510 ILCS 30/5             from Ch. 8, par. 138
12    510 ILCS 30/6.1           from Ch. 8, par. 139.1
13    510 ILCS 30/6.3           from Ch. 8, par. 139.3
14    510 ILCS 30/7             from Ch. 8, par. 140
15    510 ILCS 35/1             from Ch. 8, par. 87
16    510 ILCS 35/1.3           from Ch. 8, par. 87.3
17    510 ILCS 35/1.6           from Ch. 8, par. 87.6
18    510 ILCS 35/1.8           from Ch. 8, par. 87.8
19    510 ILCS 35/1.9 new
20    510 ILCS 35/1.10 new
21    510 ILCS 35/1.11 new
22    510 ILCS 35/1.12 new
23    510 ILCS 35/1.13 new
24    510 ILCS 35/2             from Ch. 8, par. 88
25    510 ILCS 35/3             from Ch. 8, par. 89
26    510 ILCS 35/4             from Ch. 8, par. 90
27    510 ILCS 35/5             from Ch. 8, par. 91
28    510 ILCS 35/6             from Ch. 8, par. 92
29    510 ILCS 35/7             from Ch. 8, par. 93
30    510 ILCS 35/9             from Ch. 8, par. 95
31    510 ILCS 35/10            from Ch. 8, par. 96
32    510 ILCS 35/12.5          from Ch. 8, par. 98.5
33    510 ILCS 35/12.6          from Ch. 8, par. 98.6
34    510 ILCS 35/13            from Ch. 8, par. 99
HB1177 Enrolled            -20-               LRB9000173NTsbC
 1    510 ILCS 35/14            from Ch. 8, par. 100
 2    510 ILCS 35/15            from Ch. 8, par. 101
 3    510 ILCS 35/17a           from Ch. 8, par. 103.1
 4    510 ILCS 35/18            from Ch. 8, par. 104
 5    510 ILCS 35/19            from Ch. 8, par. 104a
 6    510 ILCS 35/22            from Ch. 8, par. 104d
 7    765 ILCS 50/Act rep.

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