Full Text of HB0583 96th General Assembly
HB0583eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning animals.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by adding | 5 |
| Section 5.719 as follows: | 6 |
| (30 ILCS 105/5.719 new) | 7 |
| Sec. 5.719. The Equine Rescue Assistance Fund. | 8 |
| Section 7. The Illinois Horse Meat Act is amended by adding | 9 |
| Sections 13.1 and 13.3 as follows: | 10 |
| (225 ILCS 635/13.1 new)
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| Sec. 13.1. Exclusions from the Act. Horse meat labeled as | 12 |
| such in hermetically sealed containers and registered under the | 13 |
| Illinois Commercial Feed Act of 1961 is excluded from the | 14 |
| provisions of this Act. Horse meat prepared in federally | 15 |
| inspected plants located in the State of Illinois, for sale | 16 |
| outside of the State of Illinois, is excluded from the | 17 |
| provisions of this Act. | 18 |
| (225 ILCS 635/13.3 new)
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| Sec. 13.3. Equine Rescue Assistance Fund and Program. | 20 |
| (a) The Equine Rescue Assistance Fund is created as a |
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| special fund in the State Treasury. The Fund may accept fees, | 2 |
| gifts, grants, donations, and federal or State appropriations, | 3 |
| for use by the Department in making grants to qualified equine | 4 |
| rescue organizations through the Equine Rescue Assistance | 5 |
| Program. | 6 |
| (b) Federally inspected facilities that produce horse meat | 7 |
| that is exempt from this Act's requirements because of Section | 8 |
| 13.1 shall collect a fee of $25 for every horse slaughtered. | 9 |
| These facilities shall remit these fees to the Department on a | 10 |
| quarterly basis, and the Department shall deposit remitted fees | 11 |
| into the Equine Rescue Assistance Fund. | 12 |
| (c) The Department shall create and administer an Equine | 13 |
| Rescue Assistance Program. Subject to appropriation from the | 14 |
| Fund, the Department shall make grants to qualified equine | 15 |
| rescue organizations for the expansion of equine rescue | 16 |
| facilities and for the care and maintenance of rescued horses. | 17 |
| (225 ILCS 635/1.5 rep.) | 18 |
| Section 10. The Illinois Horse Meat Act is amended by | 19 |
| repealing Section 1.5. | 20 |
| Section 15. The Animals Intended for Food Act is amended by | 21 |
| 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 |
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| the opinion of the
Department of Agriculture it is deemed | 2 |
| advisable, the Department has
authority to quarantine or | 3 |
| restrict any and all animals intended for human
consumption | 4 |
| that contain poisonous or deleterious substances which may
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| render meat or meat products or poultry or poultry products | 6 |
| from such
animals or poultry injurious to health; except in | 7 |
| case the quantity of such
substances in such animals does not | 8 |
| ordinarily render meat or meat products
or poultry or poultry | 9 |
| products from such animals injurious to health.
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| The Department or its duly authorized agent shall | 11 |
| investigate or cause
to be investigated all cases where it has | 12 |
| reason to believe that animals
intended for human consumption | 13 |
| are contaminated with any poisonous or
deleterious substance | 14 |
| which may render them unfit for human consumption.
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| The Department or its duly designated agent in performing | 16 |
| the duties
vested in it under this Act is empowered to enter | 17 |
| any premises, barns,
stables, sheds, or other places for the | 18 |
| purposes of administering this Act.
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| The Department may allow the sale or transfer of animals | 20 |
| under
quarantine or restriction subject to reasonable rules and | 21 |
| regulations as
may be prescribed.
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| For the purposes of this Act, the term "Animal" means | 23 |
| 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 | 25 |
| in and for meat or poultry or their
products for human | 26 |
| consumption.
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| Rulemaking authority to implement this amendatory Act of | 2 |
| the 96th General Assembly, if any, is conditioned on the rules | 3 |
| being adopted in accordance with all provisions of the Illinois | 4 |
| Administrative Procedure Act and all rules and procedures of | 5 |
| the Joint Committee on Administrative Rules; any purported rule | 6 |
| not so adopted, for whatever reason, is unauthorized. | 7 |
| (Source: P.A. 95-2, eff. 5-24-07.)
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| Section 20. The Illinois Equine Infectious Anemia Control | 9 |
| 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 | 13 |
| 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 | 20 |
| establishment.
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| Rulemaking authority to implement this amendatory Act of | 22 |
| the 96th General Assembly, if any, is conditioned on the rules | 23 |
| being adopted in accordance with all provisions of the Illinois | 24 |
| Administrative Procedure Act and all rules and procedures of |
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| the Joint Committee on Administrative Rules; any purported rule | 2 |
| not so adopted, for whatever reason, is unauthorized. | 3 |
| (Source: P.A. 95-2, eff. 5-24-07.)
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| Section 25. The Humane Care for Animals Act is amended by | 5 |
| 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, | 8 |
| offer to sell,
lead, ride, transport, or drive on any public | 9 |
| way any equidae which, because
of debility, disease, lameness | 10 |
| or any other cause, could not be worked in
this State without | 11 |
| violating this Act , unless the equidae are being sold,
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| transported, or housed with the intent that it will be moved in | 13 |
| an expeditious
and humane manner to an approved slaughtering | 14 |
| establishment . Such equidae may
be conveyed to a proper place | 15 |
| for medical or surgical treatment ,
or for humane
keeping or | 16 |
| 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, | 19 |
| regulation, or
order of the Department pursuant thereto is | 20 |
| guilty of a Class A misdemeanor.
A second or subsequent | 21 |
| violation is a Class 4 felony.
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| Rulemaking authority to implement this amendatory Act of | 23 |
| the 96th General Assembly, if any, is conditioned on the rules | 24 |
| being adopted in accordance with all provisions of the Illinois |
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| Administrative Procedure Act and all rules and procedures of | 2 |
| the Joint Committee on Administrative Rules; any purported rule | 3 |
| not so adopted, for whatever reason, is unauthorized. | 4 |
| (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 | 8 |
| incapable of
walking without assistance.
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| (b) No downed animal shall be sent to a stockyard, auction, | 10 |
| or other
facility where its impaired mobility may result in | 11 |
| suffering. An injured
animal other than those of the equine | 12 |
| genus may be sent directly to a slaughter facility.
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| (c) A downed animal sent to a stockyard, auction, or other | 14 |
| facility in
violation of this Section shall be humanely | 15 |
| euthanized, the disposition of such
animal shall be the | 16 |
| responsibility of the owner, and the owner shall be liable
for | 17 |
| any expense incurred.
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| If an animal becomes downed in transit it shall be the | 19 |
| responsibility of the
carrier.
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| (d) A downed animal shall not be transported unless | 21 |
| individually
segregated.
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| (e) A person convicted of violating this Section or any | 23 |
| rule,
regulation, or order of the Department pursuant thereto | 24 |
| is guilty of a
Class B misdemeanor. A second or subsequent | 25 |
| violation is a Class 4 felony,
with every day that a violation |
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| continues constituting a separate offense.
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| (f) Rulemaking authority to implement this amendatory Act | 3 |
| of the 96th General Assembly, if any, is conditioned on the | 4 |
| rules being adopted in accordance with all provisions of the | 5 |
| Illinois Administrative Procedure Act and all rules and | 6 |
| procedures of the Joint Committee on Administrative Rules; any | 7 |
| purported rule not so adopted, for whatever reason, is | 8 |
| unauthorized. | 9 |
| (Source: P.A. 95-2, eff. 5-24-07.)
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| Section 30. The Humane Slaughter of Livestock Act is | 11 |
| 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 | 15 |
| Agriculture of
the State of Illinois.
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| (2) "Person" means any individual, partnership, | 17 |
| corporation, or
association doing business in this State, | 18 |
| in whole or in part.
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| (3) "Slaughterer" means any person regularly engaged | 20 |
| in the commercial
slaughtering of livestock.
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| (4) "Livestock" means cattle, calves, sheep, swine, | 22 |
| horses, mules,
goats, and any other animal which can or may | 23 |
| be used in and for the
preparation of meat or meat products | 24 |
| for consumption by human beings or
animals. "Livestock", |
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| however, does not include horses, mules, or other equidae | 2 |
| to be used in and for the preparation of meat or meat | 3 |
| products for consumption by human beings, which is | 4 |
| prohibited under Section 1.5 of the Illinois Horse Meat | 5 |
| Act.
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| (5) "Packer" means any person engaged in the business | 7 |
| of slaughtering or
manufacturing or otherwise preparing | 8 |
| meat or meat products for sale, either
by such person or | 9 |
| others; or of manufacturing or preparing livestock
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| products for sale by such person or others.
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| (6) "Humane method" means either (a) a method whereby | 12 |
| the animal is
rendered insensible to pain by gunshot or by | 13 |
| mechanical, electrical,
chemical or other means that is | 14 |
| rapid and effective, before being shackled,
hoisted, | 15 |
| thrown, cast or cut; or (b) a method in accordance with | 16 |
| ritual
requirements of the Jewish faith or any other | 17 |
| religious faith whereby the
animal suffers loss of | 18 |
| consciousness by anemia of the brain caused by the
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| simultaneous and instantaneous severance of the carotid | 20 |
| arteries with a
sharp instrument.
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| Rulemaking authority to implement this amendatory Act of | 22 |
| the 96th General Assembly, if any, is conditioned on the rules | 23 |
| being adopted in accordance with all provisions of the Illinois | 24 |
| Administrative Procedure Act and all rules and procedures of | 25 |
| the Joint Committee on Administrative Rules; any purported rule | 26 |
| not so adopted, for whatever reason, is unauthorized. |
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HB0583 Engrossed |
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| (Source: P.A. 95-2, eff. 5-24-07.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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