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09500HB4489ham001 |
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LRB095 17716 RCE 47602 a |
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| provisions of this Act. |
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| Section 15. The Animals Intended for Food Act is amended by |
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| 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 |
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| advisable, the Department has
authority to quarantine or |
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| restrict any and all animals intended for human
consumption |
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| that contain poisonous or deleterious substances which may
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| render meat or meat products or poultry or poultry products |
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| from such
animals or poultry injurious to health; except in |
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| case the quantity of such
substances in such animals does not |
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| ordinarily render meat or meat products
or poultry or poultry |
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| products from such animals injurious to health.
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| The Department or its duly authorized agent shall |
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| investigate or cause
to be investigated all cases where it has |
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| reason to believe that animals
intended for human consumption |
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| are contaminated with any poisonous or
deleterious substance |
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| which may render them unfit for human consumption.
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| The Department or its duly designated agent in performing |
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| the duties
vested in it under this Act is empowered to enter |
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| any premises, barns,
stables, sheds, or other places for the |
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| purposes of administering this Act.
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| The Department may allow the sale or transfer of animals |
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09500HB4489ham001 |
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LRB095 17716 RCE 47602 a |
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| under
quarantine or restriction subject to reasonable rules and |
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| regulations as
may be prescribed.
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| For the purposes of this Act, the term "Animal" means |
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| 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 |
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| in and for meat or poultry or their
products for human |
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| consumption.
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| Notwithstanding any other rulemaking authority that may |
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| exist, neither the Governor nor any agency or agency head under |
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| the jurisdiction of the Governor has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and |
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| Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this Section, "rules" is |
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| given the meaning contained in Section 1-70 of the Illinois |
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| 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 |
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| the Illinois Administrative Procedure Act to the extent that |
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| such definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (Source: P.A. 95-2, eff. 5-24-07.)
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| Section 20. The Illinois Equine Infectious Anemia Control |
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| 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 |
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| 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 |
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| establishment.
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| Notwithstanding any other rulemaking authority that may |
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| exist, neither the Governor nor any agency or agency head under |
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| the jurisdiction of the Governor has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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09500HB4489ham001 |
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LRB095 17716 RCE 47602 a |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and |
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| Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this Section, "rules" is |
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| given the meaning contained in Section 1-70 of the Illinois |
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| Administrative Procedure Act, and "agency" and "agency head" |
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| are given the meanings contained in Sections 1-20 and 1-25 of |
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| the Illinois Administrative Procedure Act to the extent that |
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| such definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (Source: P.A. 95-2, eff. 5-24-07.)
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| Section 25. The Humane Care for Animals Act is amended by |
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| 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, |
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| offer to sell,
lead, ride, transport, or drive on any public |
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| way any equidae which, because
of debility, disease, lameness |
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09500HB4489ham001 |
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LRB095 17716 RCE 47602 a |
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| or any other cause, could not be worked in
this State without |
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| 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 |
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| an expeditious
and humane manner to an approved slaughtering |
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| establishment . Such equidae may
be conveyed to a proper place |
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| for medical or surgical treatment ,
or for humane
keeping or |
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| 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, |
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| regulation, or
order of the Department pursuant thereto is |
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| guilty of a Class A misdemeanor.
A second or subsequent |
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| violation is a Class 4 felony.
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| Notwithstanding any other rulemaking authority that may |
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| exist, neither the Governor nor any agency or agency head under |
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| the jurisdiction of the Governor has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and |
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| Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| 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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|
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| interpreted to grant rulemaking authority under any other |
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| 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" |
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| are given the meanings contained in Sections 1-20 and 1-25 of |
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| the Illinois Administrative Procedure Act to the extent that |
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| such definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (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 |
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| incapable of
walking without assistance.
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| (b) No downed animal shall be sent to a stockyard, auction, |
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| or other
facility where its impaired mobility may result in |
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| suffering. An injured
animal other than those of the equine |
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| genus may be sent directly to a slaughter facility.
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| (c) A downed animal sent to a stockyard, auction, or other |
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| facility in
violation of this Section shall be humanely |
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| euthanized, the disposition of such
animal shall be the |
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| responsibility of the owner, and the owner shall be liable
for |
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| any expense incurred.
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| If an animal becomes downed in transit it shall be the |
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| responsibility of the
carrier.
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09500HB4489ham001 |
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LRB095 17716 RCE 47602 a |
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| (d) A downed animal shall not be transported unless |
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| individually
segregated.
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| (e) A person convicted of violating this Section or any |
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| rule,
regulation, or order of the Department pursuant thereto |
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| is guilty of a
Class B misdemeanor. A second or subsequent |
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| 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) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly. If, |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
19 |
| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| 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" |
|
|
|
09500HB4489ham001 |
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LRB095 17716 RCE 47602 a |
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|
1 |
| 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 |
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| 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 |
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| Agriculture of
the State of Illinois.
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| (2) "Person" means any individual, partnership, |
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| corporation, or
association doing business in this State, in |
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| whole or in part.
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| (3) "Slaughterer" means any person regularly engaged in the |
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| commercial
slaughtering of livestock.
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| (4) "Livestock" means cattle, calves, sheep, swine, |
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| horses, mules,
goats, and any other animal which can or may be |
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| used in and for the
preparation of meat or meat products for |
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| consumption by human beings or
animals. "Livestock", however, |
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| does not include horses, mules, or other equidae to be used in |
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| and for the preparation of meat or meat products for |
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| consumption by human beings, which is prohibited under Section |
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| 1.5 of the Illinois Horse Meat Act.
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09500HB4489ham001 |
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LRB095 17716 RCE 47602 a |
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| (5) "Packer" means any person engaged in the business of |
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| slaughtering or
manufacturing or otherwise preparing meat or |
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| meat products for sale, either
by such person or others; or of |
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| manufacturing or preparing livestock
products for sale by such |
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| person or others.
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| (6) "Humane method" means either (a) a method whereby the |
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| animal is
rendered insensible to pain by gunshot or by |
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| mechanical, electrical,
chemical or other means that is rapid |
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| and effective, before being shackled,
hoisted, thrown, cast or |
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| cut; or (b) a method in accordance with ritual
requirements of |
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| the Jewish faith or any other religious faith whereby the
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| animal suffers loss of consciousness by anemia of the brain |
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| caused by the
simultaneous and instantaneous severance of the |
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| carotid arteries with a
sharp instrument.
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| Notwithstanding any other rulemaking authority that may |
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| exist, neither the Governor nor any agency or agency head under |
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| the jurisdiction of the Governor has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| 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 |
|
|
|
09500HB4489ham001 |
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LRB095 17716 RCE 47602 a |
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|
1 |
| 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 |
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| becoming law.".
|