State of Illinois
91st General Assembly
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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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