Full Text of HB4489 95th General Assembly
HB4489ham001 95TH GENERAL ASSEMBLY
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Drivers Education & Safety Committee
Filed: 3/5/2008
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LRB095 17716 RCE 47602 a |
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| AMENDMENT TO HOUSE BILL 4489
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| AMENDMENT NO. ______. Amend House Bill 4489 by replacing | 3 |
| everything after the enacting clause with the following:
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| "(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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| 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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| (410 ILCS 605/2.1) (from Ch. 8, par. 107.1)
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| 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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| 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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| 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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| 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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| The Department may allow the sale or transfer of animals |
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| under
quarantine or restriction subject to reasonable rules and | 2 |
| regulations as
may be prescribed.
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| For the purposes of this Act, the term "Animal" means | 4 |
| cattle, calves,
sheep, swine, horses, mules, or other equidae,
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| 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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| 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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LRB095 17716 RCE 47602 a |
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| 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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| Section 20. The Illinois Equine Infectious Anemia Control | 7 |
| Act is amended by changing Section 4 as follows:
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| (510 ILCS 65/4) (from Ch. 8, par. 954)
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| Sec. 4. Tests of equidae entering the State. All equidae
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| 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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| Certificate of Veterinary Inspection issued by an accredited
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| veterinarian of the state of origin within 30 days prior to
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| entry and shall be negative to an official test for EIA within
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| one year prior to entry. Equidae entering the State for
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| immediate slaughter shall be accompanied by a consignment
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| direct to slaughter at an approved equine slaughtering | 18 |
| establishment.
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| 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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LRB095 17716 RCE 47602 a |
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| 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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| Section 25. The Humane Care for Animals Act is amended by | 20 |
| changing Sections 5 and 7.5 as follows:
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| (510 ILCS 70/5) (from Ch. 8, par. 705)
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| 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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| 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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| 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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| establishment .
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| 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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| 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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09500HB4489ham001 |
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LRB095 17716 RCE 47602 a |
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| 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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| (510 ILCS 70/7.5)
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| Sec. 7.5. Downed animals.
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| (a) For the purpose of this Section a downed animal is one | 14 |
| incapable of
walking without assistance.
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| (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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| (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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| If an animal becomes downed in transit it shall be the | 25 |
| responsibility of the
carrier.
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| (d) A downed animal shall not be transported unless | 2 |
| individually
segregated.
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| (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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| (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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09500HB4489ham001 |
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LRB095 17716 RCE 47602 a |
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| 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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| Section 30. The Humane Slaughter of Livestock Act is | 7 |
| amended by changing Section 2 as follows:
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| (510 ILCS 75/2) (from Ch. 8, par. 229.52)
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| Sec. 2. As used in this Act:
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| (1) "Director" means the Director of the Department of | 11 |
| Agriculture of
the State of Illinois.
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| (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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| (3) "Slaughterer" means any person regularly engaged in the | 16 |
| commercial
slaughtering of livestock.
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| (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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| (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) "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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| 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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| 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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09500HB4489ham001 |
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LRB095 17716 RCE 47602 a |
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| 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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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.".
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