SB2416 93RD GENERAL ASSEMBLY

LRB093 16456 RAS 42096 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2416

Introduced 2/3/2004, by Lawrence M. Walsh

SYNOPSIS AS INTRODUCED:

20 ILCS 5/5-525	was 20 ILCS 5/6.01
520 ILCS 5/2.26a new

Amends the Civil Administrative Code. Provides that the Advisory Board of Livestock Commissioners shall consist of 26 persons (now 25) and that one representative of deer breeders and one representative of elk breeders (instead of one of deer or elk breeders) shall be members. Amends the Wildlife Code. Provides that notwithstanding any other provision of the Code, the Department of Agriculture shall have complete and sole authority over captive farm raised cervids. Creates the Farm Raised Cervids Fund. Provides that the Department shall seek the advice of at least one member of a State association representing deer breeders when developing the rules concerning farm raised cervids. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning animals.

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 5-525 as follows:

(20 ILCS 5/5-525) (was 20 ILCS 5/6.01)

Sec. 5-525. In the Department of Agriculture.

(a) (Blank).

(b) An Advisory Board of Livestock Commissioners to consist of 26 25 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, and the chairman of the Committee on Agriculture of the House of Representatives, who shall ex-officio be members of the Board, and 17 additional persons interested in the prevention, elimination and control of diseases of domestic animals and poultry who shall be appointed by the Governor to serve at the Governor's pleasure. An appointed member's office becomes vacant upon the member's absence from 3 consecutive meetings. Of the 17 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 breeders, one shall be a representative of or elk breeders, 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 the Advisory Board of Livestock Commissioners, the Governor shall consult with representative persons and recognized organizations in the respective fields concerning the 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 the rules and regulations may be promulgated and made effective. In the event it is deemed desirable, the Board may hold hearings upon the 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 the 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 of the Board 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 ex-officio or appointed member 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. 91-239, eff. 1-1-00; 91-457, eff. 1-1-00; 91-798, eff. 7-9-00.)

Section 10. The Wildlife Code is amended by adding Section 2.26a as follows:

(520 ILCS 5/2.26a new)

Sec. 2.26a. Farm raised cervids. Notwithstanding any other provision of this Code, the Illinois Department of Agriculture has complete and sole authority over captive farm raised cervids, which are considered alternative livestock. Permits to own and harvest farm raised cervids shall be obtained only through the Department of Agriculture. The fees for the permits shall be established by administrative rules. All fees collected under this Section shall be deposited into the Farm Raised Cervids Fund. Subject to appropriation, moneys in the Fund shall be used by the Department of Agriculture for the sole purpose of administering this Section. The Department of Agriculture shall seek the advice of at least one member of a State association representing deer breeders in the development of rules under this Section.

Section 99. Effective date. This Act takes effect upon becoming law.