HB5776 Engrossed

LRB095 19048 RCE 45230 b






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    AN ACT concerning fairs and exhibitions.

 
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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 Department of Agriculture Law of the Civil 
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Administrative
Code of Illinois is amended  by adding Section 
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205-26 as follows:
 
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    (20 ILCS 205/205-26  new)
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    Sec. 205-26. Fairs; premises ID numbers. The Department 
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shall not require a premises identification number or 
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electronic identification under the National Animal 
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Identification System to exhibit or enter livestock, poultry, 
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rabbits, horses, or any other animal at any fair or  exhibition 
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in Illinois, unless required by federal law or regulation. The 
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Department shall develop a process for persons to withdraw from 
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the National Animal Identification System registration, and 
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that process shall provide for the removal of a person's 
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information from the Department's database. The Department 
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shall also cooperate with the United States Department of 
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Agriculture to provide for people to withdraw from the federal 
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database. 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 
 


 






HB5776 Engrossed
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LRB095 19048 RCE 45230 b




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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 
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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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    Section 99. Effective date. This Act takes effect January 
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1, 2009.