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Public Act 91-0457
HB2826 Enrolled LRB9102815LDmb
AN ACT in relation to livestock, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Civil Administrative Code of Illinois is
amended by changing Section 6.01 as follows:
(20 ILCS 5/6.01) (from Ch. 127, par. 6.01)
Sec. 6.01. In the Department of Agriculture. A Board of
Agricultural Advisors composed of 17 persons engaged in
Agricultural industries, including representatives of the
agricultural press and of the State Agricultural Experiment
Station.
An Advisory Board of Livestock Commissioners to consist
of 25 24 persons. The Board shall consist of the
administrator of animal disease programs, the Dean of the
College of Agriculture of the University of Illinois, the
Dean of the College of Veterinary Medicine of the University
of Illinois, and commencing on January 1, 1990 the Deans or
Chairmen of the Colleges or Departments of Agriculture of
Illinois State University, Southern Illinois University and
Western Illinois University in that order who shall each
serve for 1 year terms, provided that commencing on January
1, 1993 such terms shall be for 2 years in the same order,
the Director of Public Health, the Director of Natural
Resources, the chairman of the Agriculture, Conservation and
Energy Committee of the Senate, the chairman of the Committee
on Agriculture of the House of Representatives, who shall
ex-officio be members thereof and 17 additional persons
interested in the prevention, elimination and control of
diseases of domestic animals and poultry shall be appointed
by the Governor to serve at his pleasure. An appointed
member's office becomes vacant upon his absence from 3
consecutive meetings. Of such additional persons, one shall
be a representative of breeders of beef cattle, one shall be
a representative of breeders of dairy cattle, one shall be a
representative of breeders of dual purpose cattle, one shall
be a representative of breeders of swine, one shall be a
representative of poultry breeders, one shall be a
representative of sheep breeders, one shall be a veterinarian
licensed in this State, one shall be a representative of
general or diversified farming, one shall be a representative
of deer or elk breeders the public stockyards, one shall be a
representative of Livestock Auction Markets, one shall be a
representative of cattle feeders, one shall be a
representative of pork producers, one shall be a
representative of the State licensed meat packers, one shall
be a representative of canine breeders, one shall be a
representative of equine breeders, one shall be a
representative of the Illinois licensed renderers, and one
shall be a representative of livestock dealers. The members
shall receive no compensation but shall be reimbursed for
expenses necessarily incurred in the performance of their
duties. In the appointment of such Advisory Board of
Livestock Commissioners, the Governor shall consult with
representative persons and recognized organizations in the
respective fields concerning such appointments.
Rules and regulations of the Department of Agriculture
pertaining to the prevention, elimination and control of
diseases of domestic animals and poultry shall be submitted
to the Advisory Board of Livestock Commissioners for approval
at its duly called meeting. The chairman of the Board shall
certify the official minutes of the Board's action and shall
file the certified minutes with the Department of Agriculture
within 30 days after the proposed rules and regulations are
submitted and before they are promulgated and made effective.
If the Board fails to take action within 30 days this
limitation shall not apply and such rules and regulations may
be promulgated and made effective. In the event it is deemed
desirable the Board may hold hearings upon such rules and
regulations or proposed revisions. The Board members shall be
familiar with the Acts relating to the prevention,
elimination and control of diseases among domestic animals
and poultry. The Department shall, upon the request of a
Board member, advise with such Board concerning the
administration of the respective Acts.
The Director of Agriculture or his representative from
the Department shall act as chairman of the Board. The
Director shall call meetings thereof from time to time or
when requested by 3 or more appointed members of the Board. A
quorum of appointed members must be present to convene an
official meeting. The chairman and ex-officio members shall
not be included in a quorum call. Ex-officio members may be
represented by a duly authorized representative from their
Department, Division, College or Committee. Appointed members
shall not be represented at a meeting by another person.
Ex-officio members and appointed members shall have the right
to vote on all proposed rules and regulations; voting that in
effect would pertain to approving rules and regulations shall
be taken by an oral roll call. No member shall vote by proxy.
The chairman shall not vote except in the case of a tie vote.
Any member ex-officio or appointed may ask for and shall
receive an oral roll call on any motion before the Board. The
Department shall provide a clerk to take minutes of the
meetings and record transactions of the Board. The Board, by
oral roll call, may require an official Court Reporter to
record the minutes of the meetings.
(Source: P.A. 86-232.)
Section 10. The Livestock Auction Market Law is amended
by changing Sections 1, 7, 8a, and 10a as follows:
(225 ILCS 640/1) (from Ch. 121 1/2, par. 208)
Sec. 1. Definitions. When used in this Act:
"Person" means any person, firm, partnership, or
corporation.
"Department" means the Department of Agriculture of the
State of Illinois.
"Director" means the Director of the Illinois Department
of Agriculture, or his duly appointed representative.
"Livestock" means cattle, swine, sheep, equidae, and
goats.
"Livestock auction market" means any sale or exchange of
livestock held by any person at an established place of
business or premises where the livestock is assembled for
sale or exchange and is sold or exchanged at auction at
regular or irregular intervals, but more frequently than 3
times during the preceding 12 months.
"Consignor" means any person consigning, shipping, or
delivering livestock to a livestock auction market for sale,
resale, or exchange.
"Operator of a livestock auction market" means any person
holding, conducting, or carrying on a livestock auction
market.
"Marketing center" means an approved livestock facility
(stockyard or livestock market under State and federal
veterinary supervision) where livestock is assembled and that
has been approved by the United States Department of
Agriculture. a licensed livestock auction market which has
been so designated by the Illinois Department of Agriculture
and the United States Department of Agriculture as a
marketing center after having qualified under the rules and
regulations of the State Department of Agriculture and the
United States Department of Agriculture and is operated under
the supervision of an accredited veterinarian approved by the
Illinois Department of Agriculture.
"Consignment" means a document issued by the owner or
shipper of livestock, designating the name of the owner
and/or shipper; place of origin; stockyards, State or Federal
approved slaughtering establishment, or marketing center of
destination; date of shipment; and number and description of
livestock, certified to by the owner or shipper, kept in
possession of the carrier and delivered to a stockyards,
State or Federal approved slaughtering establishment, or
marketing center of destination upon acceptance. This
consignment shall be held by the stockyards, State or Federal
approved slaughtering establishment, or marketing center for
a period of not less than 6 months for inspection by the
legally authorized officials of the United States Department
of Agriculture and the Illinois Department of Agriculture and
other officials having police powers.
(Source: P.A. 89-154, eff. 1-1-96.)
(225 ILCS 640/7) (from Ch. 121 1/2, par. 214)
Sec. 7. Each operator of a livestock auction market
shall keep the following records for each lot of livestock
consigned to or sold through such livestock auction market:
(a) The name and address of the consignor;
(b) A description of the livestock, which includes the
kind, approximate age, the sex, and any marks, brands or
other distinguishing or identifying marks;
(c) The method by which the livestock was delivered to
the livestock auction market and, in the case of livestock
delivered by motor vehicle, the name of the operator, the
model, manufacturer, and the State license number of such
motor vehicle;
(d) The name and address of the purchaser of such
livestock;
(e) The price for which the livestock was sold or
exchanged and the commission or other fees charged by the
livestock auction market;
(e-5) For equidae only, the date of the test for equine
infectious anemia;
(f) There shall be forwarded to the Department within 72
hours after date of each consignment sold for slaughter a
certification of slaughter, or certification of shipment, on
forms prescribed by the Department, or a purchaser's invoice.
The purchaser's invoice shall contain information relative to
resale of slaughter consignments as prescribed by the
Department as well as the name and address of purchaser,
number, description, and weight of animals and destination of
each consignment; and.
(g) Any health certificates accompanying shipments.
Such records shall be kept by the operator of a livestock
auction market at the establishment or premises where the
sale is held and conducted or such other convenient place as
may be approved by the Department. Such records shall be open
for inspection by authorized Department personnel of this
State at all reasonable times and shall be retained and
preserved for a period of at least 2 years.
(Source: P.A. 89-463, eff. 5-31-96.)
(225 ILCS 640/8a) (from Ch. 121 1/2, par. 215a)
Sec. 8a. The Department is authorized to adopt rules and
regulations for the operation of marketing centers, and All
marketing centers designated by the Department and the United
States Department of Agriculture shall be operated according
to Department such rules and regulations concerning market
centers and all other livestock auction market rules and
regulations not inconsistent with the rules and regulations
governing marketing centers.
(Source: Laws 1967, p. 728.)
(225 ILCS 640/10a) (from Ch. 121 1/2, par. 217a)
Sec. 10a. Nothing in this Act shall be construed as
preventing the movement of livestock into stockyards
registered under the Packers and Stockyards Act, a
State-Federal approved slaughtering establishment or a
marketing center approved by the United States Department of
Agriculture and the Illinois Department of Agriculture as
defined in this Act and operating under the rules and
regulations pertaining to marketing centers. The United
States Department of Agriculture or the Illinois Department
of Agriculture has the authority, however, to prohibit the
entry into, or movement within, or sale of diseased animals.
(Source: P.A. 76-734.)
Section 15. The Illinois Livestock Dealer Licensing Act
is amended by changing Section 17 as follows:
(225 ILCS 645/17) (from Ch. 111, par. 417)
Sec. 17. Each licensee shall maintain records of each
purchase under this Act including identification of livestock
purchased, the name and address of the seller, and the date
of purchase, and a record of each sale, including date,
buyer, number and identification of animals. All reports of
sales of female feeder cattle must be mailed to the
Department weekly on forms furnished by the Department.
These records along with any accompanying health
certificates shall be maintained for a period of 3 years.
(Source: P.A. 83-760.)
Section 20. The Illinois Bovine Brucellosis Eradication
Act is amended by changing Sections 1.9 and 6.4 as follows:
(510 ILCS 30/1.9) (from Ch. 8, par. 134.9)
Sec. 1.9. The term "public stockyards" means the National
Stockyards at National Stock Yards, Illinois; and the Union
Stockyards at Peoria, Illinois.
(Source: P.A. 87-160.)
(510 ILCS 30/6.4) (from Ch. 8, par. 139.4)
Sec. 6.4. Female cattle of the beef breeds 18 months of
age or older. Female cattle of the beef breeds 18 months of
age and over, for feeding and grazing purposes only, may
enter the State, or may be shipped from public stockyards
within the State; provided that, such cattle are accompanied
by an official certificate of health which states they were
negative to an official test for brucellosis within 30 days
prior to date of entry, which test shall be conducted by a
State or Federal approved laboratory, or are under 24 months
of age and were officially calfhood vaccinated.
(Source: P.A. 78-818.)
Section 25. The Illinois Bovidae and Cervidae
Tuberculosis Eradication Act is amended by changing Section
17a and adding Sections 1.14 and 1.15 as follows:
(510 ILCS 35/1.14 new)
Sec. 1.14. Auction market. "Auction market" means a
licensed livestock facility (stockyard or livestock market
under State and federal veterinary supervision) where
livestock is assembled.
(510 ILCS 35/1.15 new)
Sec. 1.15. Marketing center. "Marketing center" means
an approved livestock facility (stockyard or livestock market
under State and federal veterinary supervision) where
livestock is assembled and that has been approved by the U.S.
Department of Agriculture under the rules pertaining to an
approved livestock facility.
(510 ILCS 35/17a) (from Ch. 8, par. 103.1)
Sec. 17a. Application of Act. This Act shall not prevent
the movement of cattle, bison, sheep, goats, antelope, or
cervids into stockyards registered under the Packers and
Stockyards Act, a State-Federal approved slaughtering
establishment or a marketing center approved by the United
States Department of Agriculture and the Illinois Department
of Agriculture as defined in the Illinois Livestock Auction
Market Law, and operating under the rules and regulations
pertaining to marketing centers.
(Source: P.A. 90-192, eff. 7-24-97.)
Section 30. The Illinois Diseased Animals Act is amended
by changing Sections 1, 5, 13, 17, 21, and 24 as follows:
(510 ILCS 50/1) (from Ch. 8, par. 168)
Sec. 1. For the purposes of this Act:
"Department" means the Department of Agriculture of the
State of Illinois.
"Director" means the Director of the Illinois Department
of Agriculture, or his duly appointed representative.
"Contagious or infectious disease" means a specific
disease designated by the Department as contagious or
infectious under rules pertaining to this Act.
"Reportable disease" means a specific disease designated
by the Department as reportable under rules pertaining to
this Act.
"Animals" means domestic animals, poultry, and wild
animals in captivity.
"Exposed to" means for an animal to come in contact with
another animal or an environment that is capable of
transmitting a contagious, infectious, or reportable disease.
An animal will no longer be considered as "exposed to" when
it is beyond the standard incubation time for the disease and
the animal has been tested negative for the specific disease
or there is no evidence that the animal is contagious, except
for animals exposed to Johne's disease. Animals originating
from a herd where Johne's disease has been diagnosed will be
considered no longer "exposed to" with a negative test. The
negative test must have been conducted within 30 days prior
to the sale or movement.
(Source: P.A. 90-385, eff. 8-15-97.)
(510 ILCS 50/5) (from Ch. 8, par. 172)
Sec. 5. When the Department determines that any animal is
affected with, or has been exposed to, any contagious or
infectious disease, it may agree with the owner upon the
value of the animal or of any property that it may be found
necessary to destroy, and in case such an agreement cannot be
made, the animals or property shall be appraised by three
competent and disinterested appraisers, one to be selected by
the Department, one by the claimant, and one by the two
appraisers thus selected. The appraisers shall subscribe to
an oath in writing to fairly value such animals or property
in accordance with the requirements of this Act, which oath,
together with the valuation fixed by the appraisers, shall be
filed with the Department and preserved by it.
Upon the appraisement being made, the owner or the
Department shall immediately destroy the animals in a humane
manner, dispose of the carcasses thereof, and disinfect,
change or destroy the premises occupied by the animals, in
accordance with rules prescribed by the Department governing
such destruction and disinfection, and upon his failure so to
do or to cooperate with the Department, the Department shall
cause such animals or property to be destroyed and disposed
of, and thereupon the owner shall forfeit all right to
receive any compensation for the destruction of the animals
or property.
(Source: Laws 1943, vol. 1, p. 24.)
(510 ILCS 50/13) (from Ch. 8, par. 180)
Sec. 13. The Department shall cooperate with any
commissioner or other officer appointed by the United States
authorities, in connection with carrying out any provision of
any United States Statute providing for the suppression and
prevention of contagious and infectious diseases among
animals, in suppression and preventing the spread of
contagious and infectious diseases among animals in this
State.
The inspectors of the Animal Health Division of the
United States Department of Agriculture and the Illinois
Department of Agriculture have the right of inspection,
quarantine and condemnation of animals affected with any
contagious or infectious disease, or suspected to be so
affected, or that have been exposed to any such disease, and
for these purposes are authorized to enter upon any ground or
premises. Such inspectors may call on sheriffs and peace
officers to assist them in the discharge of their duties in
carrying out the provisions of any such statute, referred to
in the preceding paragraph, and the sheriffs and peace
officers shall assist such inspectors when so requested. Such
inspectors shall have the same powers and protection as peace
officers while engaged in the discharge of their duties.
(Source: Laws 1967, p. 905.)
(510 ILCS 50/17) (from Ch. 8, par. 184)
Sec. 17. When any cattle, swine, sheep or other domestic
animals herein specified are consigned for delivery within
the confines of the State of Illinois any public stock yards,
they shall not be diverted en route or delivered to the owner
or consignee at any other point within the State of Illinois,
except that named in the original billing.
(Source: Laws 1943, vol. 1, p. 24.)
(510 ILCS 50/21) (from Ch. 8, par. 188)
Sec. 21. Any person who, knowing that any contagious or
infectious disease exists among his animals, conceals such
fact, or knowing of the existence of such disease, sells any
animal or animals so diseased, or any exposed animal, or
knowing the same, removes any such diseased or exposed animal
from his premises to the premises of another, or along any
public highway, or knowing of the existence of such disease,
or exposure thereto, transports, drives, leads or ships any
animal so diseased or exposed, by any motor vehicle, car or
steamboat, to any place in or out of this State; and any
person who brings any such diseased, or knowingly, brings any
such exposed animals into this State from another state; and
any person who knowingly buys, receives, sells, conveys, or
engages in the traffic of such diseased or exposed stock, and
any person who violates any quarantine regulation established
under the provisions of this or any other Act, for each,
either, any or all acts above mentioned in this Section, is
guilty of a petty offense and shall forfeit all right to any
compensation for any animal or property destroyed under the
provisions of this Act.
(Source: P.A. 78-255.)
(510 ILCS 50/24) (from Ch. 8, par. 191)
Sec. 24. Any owner or person having charge of any animal
and having knowledge of, or reasonable grounds to suspect the
existence among them of any contagious or infectious disease
and who does not use reasonable means to prevent the spread
of such disease or violates any quarantine; or who conveys
upon or along any public highway or other public grounds or
any private lands, any diseased animal, or animal known to
have died of, or been slaughtered on account of, any
contagious or infectious disease, except in the case of
transportation for medical treatment or diagnosis, shall be
liable in damages to the person or persons who may have
suffered loss on account thereof.
(Source: P.A. 90-385, eff. 8-15-97.)
Section 35. The Illinois Swine Brucellosis Eradication
Act is amended by changing Sections 3 and 6a as follows:
(510 ILCS 95/3) (from Ch. 8, par. 148h)
Sec. 3. An official test for the intrastate movement of
swine shall be conducted by any official State or Federal
laboratory, except that an accredited veterinarian may
conduct such test when performing his official duties at a
stockyards registered under the Packers and Stockyards Act or
at a marketing center that has been approved by the U.S.
Department of Agriculture under the rules pertaining to an
approved livestock facility. livestock auction market
licensed under the Illinois Livestock Auction Market Law. All
such tests shall be reported to the Department within 7 days
of completion, upon forms provided by the Department.
(Source: P.A. 76-226.)
(510 ILCS 95/6a) (from Ch. 8, par. 148k.1)
Sec. 6a. Nothing in this Act shall be construed as
preventing the movement of swine into stockyards registered
under the Packers and Stockyards Act, a State-Federal
approved slaughtering establishment or a marketing center
approved by the United States Department of Agriculture and
the Illinois Department of Agriculture, as defined in the
Illinois Livestock Auction Market Law, and operating under
the rules and regulations pertaining to marketing centers.
(Source: P.A. 76-226.)
(510 ILCS 80/Act rep.)
Section 40. The Livestock Record Act is repealed.
INDEX
Statutes amended in order of appearance
20 ILCS 5/6.01 from Ch. 127, par. 6.01
225 ILCS 640/1 from Ch. 121 1/2, par. 208
225 ILCS 640/7 from Ch. 121 1/2, par. 214
225 ILCS 640/8a from Ch. 121 1/2, par. 215a
225 ILCS 640/10a from Ch. 121 1/2, par. 217a
225 ILCS 645/17 from Ch. 111, par. 417
510 ILCS 30/1.9 from Ch. 8, par. 134.9
510 ILCS 30/6.4 from Ch. 8, par. 139.4
510 ILCS 35/1.14 new
510 ILCS 35/1.15 new
510 ILCS 35/17a from Ch. 8, par. 103.1
510 ILCS 50/1 from Ch. 8, par. 168
510 ILCS 50/5 from Ch. 8, par. 172
510 ILCS 50/13 from Ch. 8, par. 180
510 ILCS 50/17 from Ch. 8, par. 184
510 ILCS 50/21 from Ch. 8, par. 188
510 ILCS 50/24 from Ch. 8, par. 191
510 ILCS 95/3 from Ch. 8, par. 148h
510 ILCS 95/6a from Ch. 8, par. 148k.1
510 ILCS 80/Act rep.
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