Illinois General Assembly

Previous General Assemblies

Public Act 095-0179


 

Public Act 0179 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0179
 
SB0560 Enrolled LRB095 09006 CMK 29197 b

    AN ACT concerning animals.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Diseased Animals Act is amended by
changing Sections 1, 2, 3, 4, 6, 9, 10, 13, 20, 21, 22, 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.
    "Contaminated" or "contamination" means for an animal to
come into contact with a chemical or radiological substance at
a level which may be considered to be harmful to humans or
other animals if they come into contact with the contaminated
animal or consume parts of the contaminated animal.
    "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.
    "Swap meet" means an organized event where animals
including, but not limited to, dogs, cats, birds, fish,
reptiles, or other animals customarily obtained as pets, are
sold, traded, or exchange hands.
(Source: P.A. 93-980, eff. 8-20-04.)
 
    (510 ILCS 50/2)  (from Ch. 8, par. 169)
    Sec. 2. It is the duty of the Department to investigate all
cases or alleged cases coming to its knowledge of contamination
or contagious and infectious diseases among animals within the
State and to provide for the suppression, prevention, and
extirpation of contamination or infectious and contagious
diseases of such animals.
    The Department may make and adopt reasonable rules and
regulations for the administration and enforcement of the
provisions of this Act. No rule or regulation made, adopted or
issued by the Department pursuant to the provisions of this Act
shall be effective unless such rule or regulation has been
submitted to the Advisory Board of Livestock Commissioners for
approval. All rules of the Department, and all amendments or
revocations of existing rules, shall be recorded in an
appropriate book or books, shall be adequately indexed, shall
be kept in the office of the Department, and shall constitute a
public record. Such rules shall be printed in pamphlet form and
furnished, upon request, to the public free of cost.
(Source: P.A. 77-108.)
 
    (510 ILCS 50/3)  (from Ch. 8, par. 170)
    Sec. 3. Upon its becoming known to the Department that any
animals are infected, or suspected of being infected, with any
contagious or infectious disease, or contaminated with any
chemical or radiological substance, the Department shall have
the authority to quarantine and to cause proper examination
thereof to be made. If ; and if such disease is found to be of a
dangerously contagious or dangerously infectious nature, or
the contamination level is such that may be harmful to humans
or other animals, the Department shall order such diseased or
contaminated animals and such as have been exposed to such
disease or contamination, and the premises in or on which they
are, or have recently occupied, to be quarantined. The
Department shall also have the authority to issue area-wide
quarantines on animals and premises in order to control the
spread of the dangerously contagious or infectious disease and
to reduce the spread of contamination. The Department may, in
connection with any such quarantine, order that no animal which
has been or is so diseased, contaminated, or exposed to such
disease or contamination, may be removed from the premises so
quarantined and that no animal susceptible to such disease or
contamination may be brought therein or thereon, except under
such rules as the Department may prescribe.
(Source: P.A. 90-385, eff. 8-15-97.)
 
    (510 ILCS 50/4)  (from Ch. 8, par. 171)
    Sec. 4. The Department may order the slaughter of any or
all of such diseased, contaminated, or exposed animals.
    The Department may disinfect, and, if they cannot be
properly disinfected, may destroy, all barns, stables,
outbuildings, premises and personal property contaminated or
infected with any such contaminant or contagious or infectious
disease as in its judgment is necessary to prevent the spread
of any such contaminant or disease; and may order the
disinfection of all cars, boats or other vehicles used in
transporting animals affected with any such contaminant or
disease, or that have been exposed to the contaminant,
contagion, or infection thereof, and the disinfection of all
yards, pens and chutes that may have been used in handling such
contaminated, diseased, or exposed animals.
(Source: Laws 1961, p. 3164.)
 
    (510 ILCS 50/6)  (from Ch. 8, par. 173)
    Sec. 6. Whenever quarantine is established in accordance
with the provisions of this Act, notice shall be given by
delivery in person or by mailing by registered or certified
mail, postage prepaid, to the owner or occupant of any premises
so quarantined. Such notice shall be written or printed, or
partly written and partly printed, with an explanation of the
contents thereof. Such quarantine shall be sufficiently proved
in any court by the production of a true copy of such notice of
quarantine together with an affidavit, sworn to by the officer
or employee of the Department who delivered or mailed such
notice, containing a statement that the original thereof was
delivered or mailed in the manner herein prescribed.
    Every quarantine so established shall remain in effect
until removed by order of the Department. Any person aggrieved
by any quarantine may appeal to the Department which shall
thereupon sustain, modify or annul the quarantine as it may
deem proper. Quarantines will be removed when epidemiological
evidence indicates that the disease or contamination threat to
humans or other animals no longer exists.
(Source: Laws 1967, p. 905.)
 
    (510 ILCS 50/9)  (from Ch. 8, par. 176)
    Sec. 9. The Department may promulgate and adopt reasonable
rules and regulations to prevent the spread of any
contamination or contagious or infectious disease within this
State. If the condition so warrants, the Director may request
the Governor to issue a proclamation quarantining an affected
municipality or geographical district whereby all animals of
the kind diseased or contaminated would not be permitted to be
moved from one premises to another within the municipality or
geographical district, or over any public highway, or any
unfenced lot or piece of ground, or from being brought into, or
taken from the infected or contaminated municipality or
geographical district, except by a special permit, signed by
the Director. Any such proclamation shall, from the time of its
publication, bind all persons. Within one week after the
publication of any such proclamation, every person who owns, or
who is in charge of animals of the kind diseased or
contaminated within the municipality or geographical district,
shall report to the Department the number and description of
such animals, their location, and the name and address of the
owner or person in charge, and during the continuance of the
quarantine to report to the Department all cases of sickness,
deaths or births among such animals.
(Source: P.A. 81-196.)
 
    (510 ILCS 50/10)  (from Ch. 8, par. 177)
    Sec. 10. The Department may promulgate and adopt reasonable
rules and regulations to prevent the entry into Illinois of any
animals which may be contaminated or infected with, or which
may have been exposed to, any contaminant or contagious or
infectious disease. If the condition so warrants, the Director
may request the Governor to issue a proclamation whereby any
animals contaminated or diseased or those exposed to disease
and any carcasses or portions of carcasses, feed, seed,
bedding, equipment or other material capable of conveying
contamination or infection will be prohibited from entering
Illinois.
(Source: P.A. 81-196.)
 
    (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 contamination or contagious and infectious
diseases among animals, in suppression and preventing the
spread of contamination or 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 contamination or
contagious or infectious disease, or suspected to be so
affected, or that have been exposed to any such contamination
or 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: P.A. 91-457, eff. 1-1-00.)
 
    (510 ILCS 50/20)  (from Ch. 8, par. 187)
    Sec. 20. Any person who knowingly transports, receives or
conveys into this State any animals, carcasses or portions of
carcasses, feed, seed, bedding, equipment, or other material
capable of conveying contamination or infection as defined and
prohibited in a proclamation issued by the Governor under the
provisions of Section 10 of this Act is guilty of a business
offense, and upon conviction thereof shall be fined not less
than $1,000 nor more than $10,000, for each offense, and shall
be liable for all damages or loss that may be sustained by any
person by reason of such importation of such prohibited
animals, or prohibited materials, which penalty may be
recovered in the circuit court in any county in this State into
or through which such animals or materials are brought.
(Source: P.A. 81-196.)
 
    (510 ILCS 50/21)  (from Ch. 8, par. 188)
    Sec. 21. Any person who, knowing that any contamination or
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 contaminated or
diseased, or any exposed animal, or knowing the same, removes
any such contaminated, diseased, or exposed animal from his
premises to the premises of another, or along any public
highway, or knowing of the existence of such contamination,
disease, or exposure thereto, transports, drives, leads or
ships any animal so contaminated, 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 contaminated or
diseased, or knowingly, brings any such contaminated or exposed
animals into this State from another state; and any person who
knowingly buys, receives, sells, conveys, or engages in the
traffic of such contaminated, 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. 91-457, eff. 1-1-00.)
 
    (510 ILCS 50/22)  (from Ch. 8, par. 189)
    Sec. 22. Any veterinarian having information of the
existence of any contamination or reportable disease among
animals in this State, who fails to promptly report such
knowledge to the Department, shall be guilty of a business
offense and shall be fined in any sum not exceeding $1,000 for
each offense.
(Source: P.A. 90-385, eff. 8-15-97.)
 
    (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 contamination or contagious or
infectious disease and who does not use reasonable means to
prevent the spread of such contamination or disease or violates
any quarantine; or who conveys upon or along any public highway
or other public grounds or any private lands, any contaminated
or diseased animal, or animal known to have died of, or been
slaughtered on account of, any contamination or 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; 91-457, eff. 1-1-00.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/14/2007