Full Text of HB1019 95th General Assembly
HB1019eng 95TH 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 Illinois Diseased Animals Act is amended by | 5 |
| changing Sections 1, 2, 3, 4, 6, 9, 10, 13, 20, 21, 22, and 24 | 6 |
| as follows:
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| (510 ILCS 50/1) (from Ch. 8, par. 168)
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| Sec. 1. For the purposes of this Act:
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| "Department" means the Department of Agriculture of the | 10 |
| State of Illinois.
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| "Director" means the Director of the Illinois Department of | 12 |
| Agriculture,
or his duly appointed representative.
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| "Contagious or infectious disease" means a specific | 14 |
| disease designated by
the Department as contagious or | 15 |
| infectious under rules pertaining to this Act.
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| "Contaminated" or "contamination" means for an animal to | 17 |
| come into contact with a chemical or radiological substance at | 18 |
| a level which may be considered to be harmful to humans or | 19 |
| other animals if they come into contact with the contaminated | 20 |
| animal or consume parts of the contaminated animal.
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| "Reportable disease" means a specific disease designated | 22 |
| by the Department as
reportable under rules pertaining to this | 23 |
| Act.
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| "Animals" means domestic animals, poultry, and wild | 2 |
| animals in captivity.
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| "Exposed to" means for an animal to come in contact with | 4 |
| another animal or
an environment that is capable of | 5 |
| transmitting a contagious, infectious, or
reportable disease. | 6 |
| An animal will no longer be considered as "exposed to"
when it | 7 |
| is beyond the standard incubation time for the disease and the | 8 |
| animal
has been tested negative for the specific disease or | 9 |
| there is no evidence that
the animal is contagious, except for | 10 |
| animals exposed to Johne's disease.
Animals originating from a | 11 |
| herd where Johne's disease has been diagnosed will
be | 12 |
| considered no longer "exposed to" with a negative test. The | 13 |
| negative test
must have been conducted within 30 days prior to | 14 |
| the sale or movement.
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| "Swap meet" means an organized event where animals | 16 |
| including, but not limited to, dogs, cats, birds, fish, | 17 |
| reptiles, or other animals customarily obtained as pets, are | 18 |
| sold, traded, or exchange hands.
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| (Source: P.A. 93-980, eff. 8-20-04.)
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| (510 ILCS 50/2) (from Ch. 8, par. 169)
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| Sec. 2. It is the duty of the Department to investigate all | 22 |
| cases or
alleged cases coming to its knowledge of contamination | 23 |
| or contagious and infectious diseases
among animals within the | 24 |
| State and to provide for the suppression,
prevention, and | 25 |
| extirpation of contamination or infectious and contagious |
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| diseases of such
animals.
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| The Department may make and adopt reasonable rules and | 3 |
| regulations for
the administration and enforcement of the | 4 |
| provisions of this Act. No rule
or regulation made, adopted or | 5 |
| issued by the Department pursuant to the
provisions of this Act | 6 |
| shall be effective unless such rule or regulation
has been | 7 |
| submitted to the Advisory Board of Livestock Commissioners for
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| approval. All rules of the Department, and all amendments or | 9 |
| revocations of
existing rules, shall be recorded in an | 10 |
| appropriate book or books, shall be
adequately indexed, shall | 11 |
| be kept in the office of the Department, and
shall constitute a | 12 |
| public record. Such rules shall be printed in pamphlet
form and | 13 |
| furnished, upon request, to the public free of cost.
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| (Source: P.A. 77-108.)
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| (510 ILCS 50/3) (from Ch. 8, par. 170)
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| Sec. 3. Upon its becoming known to the Department that any | 17 |
| animals are
infected, or suspected of being infected, with any | 18 |
| contagious or infectious
disease, or contaminated with any | 19 |
| chemical or radiological substance, the
Department shall have | 20 |
| the authority to quarantine and to cause proper examination | 21 |
| thereof to
be made . If
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and if such disease is found to be of a | 22 |
| dangerously contagious
or dangerously infectious nature, or | 23 |
| the contamination level is such that may be harmful to humans | 24 |
| or other animals, the Department shall order such
diseased or | 25 |
| contaminated animals and such
as have been exposed to such |
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| disease or contamination , and the premises in or on which they
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| are, or have recently occupied, to be quarantined. The | 3 |
| Department shall also have the authority to issue area-wide | 4 |
| quarantines on animals and premises in order to control the | 5 |
| spread of the dangerously contagious or infectious disease and | 6 |
| to reduce the spread of contamination. The Department may, in
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| connection with any such quarantine, order that no
animal which | 8 |
| has been or
is so diseased, contaminated, or exposed to such | 9 |
| disease or contamination , may be removed from the
premises so | 10 |
| quarantined and that no animal susceptible to such disease
or | 11 |
| contamination may be brought therein or thereon, except under | 12 |
| such rules as the Department
may prescribe.
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| (Source: P.A. 90-385, eff. 8-15-97.)
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| (510 ILCS 50/4) (from Ch. 8, par. 171)
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| Sec. 4. The Department may order the slaughter of any or | 16 |
| all of such
diseased , contaminated, or exposed animals.
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| The Department may disinfect, and, if they cannot be | 18 |
| properly
disinfected, may destroy, all barns, stables, | 19 |
| outbuildings, premises and
personal property contaminated or | 20 |
| infected with any such contaminant or contagious or infectious | 21 |
| disease
as in its judgment is necessary to prevent the spread | 22 |
| of any such contaminant or disease;
and may order the | 23 |
| disinfection of all cars, boats or other vehicles used in
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| transporting animals affected with any such contaminant or | 25 |
| disease, or that have been
exposed to the contaminant, |
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| contagion , or infection thereof, and the disinfection of all
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| yards, pens and chutes that may have been used in handling such | 3 |
| contaminated, diseased , or
exposed animals.
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| (Source: Laws 1961, p. 3164.)
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| (510 ILCS 50/6) (from Ch. 8, par. 173)
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| Sec. 6. Whenever quarantine is established in accordance | 7 |
| with the
provisions of this Act, notice shall be given by | 8 |
| delivery in person or by
mailing by registered or certified | 9 |
| mail, postage prepaid, to the owner or
occupant of any premises | 10 |
| so quarantined. Such notice shall be written or
printed, or | 11 |
| partly written and partly printed, with an explanation of the
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| contents thereof. Such quarantine shall be sufficiently proved | 13 |
| in any court
by the production of a true copy of such notice of | 14 |
| quarantine together with
an affidavit, sworn to by the officer | 15 |
| or employee of the Department who
delivered or mailed such | 16 |
| notice, containing a statement that the original
thereof was | 17 |
| delivered or mailed in the manner herein prescribed.
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| Every quarantine so established shall remain in effect | 19 |
| until removed by
order of the Department. Any person aggrieved | 20 |
| by any quarantine may appeal
to the Department which shall | 21 |
| thereupon sustain, modify or annul the
quarantine as it may | 22 |
| deem proper. Quarantines will be removed when epidemiological | 23 |
| evidence indicates that the disease or contamination threat to | 24 |
| humans or other animals no longer exists.
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| (Source: Laws 1967, p. 905.)
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| (510 ILCS 50/9) (from Ch. 8, par. 176)
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| Sec. 9. The Department may promulgate and adopt reasonable | 3 |
| rules and regulations
to prevent the spread of any | 4 |
| contamination or contagious or infectious disease within this
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| State. If the condition so warrants, the Director may request | 6 |
| the Governor
to issue a proclamation quarantining an affected | 7 |
| municipality or geographical
district whereby all animals of | 8 |
| the kind diseased or contaminated would not be permitted
to be | 9 |
| moved from one premises to another within the municipality or | 10 |
| geographical
district,
or over any public highway, or any | 11 |
| unfenced lot or piece of ground, or from
being brought into, or | 12 |
| taken from the infected or contaminated municipality or | 13 |
| geographical
district, except by a special permit, signed by | 14 |
| the Director. Any such proclamation
shall, from
the time of its | 15 |
| publication, bind all persons. Within one week after the
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| publication of any such proclamation, every person who owns, or | 17 |
| who is in
charge of animals of the kind diseased or | 18 |
| contaminated
within the municipality or geographical district, | 19 |
| shall report to the
Department the number and description of | 20 |
| such animals, their location,
and the name and address of the | 21 |
| owner or person in charge, and during
the continuance of the | 22 |
| quarantine to report to the Department all cases
of sickness, | 23 |
| deaths or births among such animals.
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| (Source: P.A. 81-196.)
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| (510 ILCS 50/10) (from Ch. 8, par. 177)
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| Sec. 10. The Department may promulgate and adopt reasonable | 3 |
| rules and regulations
to prevent the entry into Illinois of any | 4 |
| animals which may be contaminated or infected
with, or which | 5 |
| may have been exposed to, any contaminant or contagious or | 6 |
| infectious disease.
If the condition so warrants, the Director | 7 |
| may request the Governor to issue
a proclamation whereby any | 8 |
| animals contaminated or diseased or those exposed to disease
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| and any carcasses or portions of carcasses, feed, seed, | 10 |
| bedding, equipment
or other material capable of conveying | 11 |
| contamination or infection will be prohibited from
entering | 12 |
| Illinois.
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| (Source: P.A. 81-196.)
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| (510 ILCS 50/13) (from Ch. 8, par. 180)
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| Sec. 13. The Department shall cooperate with any | 16 |
| commissioner or other
officer appointed by the United States | 17 |
| authorities, in connection with
carrying out any provision of | 18 |
| any United States Statute providing for the
suppression and | 19 |
| prevention of contamination or contagious and infectious | 20 |
| diseases among
animals, in suppression and preventing the | 21 |
| spread of contamination or contagious and
infectious diseases | 22 |
| among animals in this State.
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| The inspectors of the Animal Health Division of the United | 24 |
| States
Department of Agriculture and the Illinois Department of | 25 |
| Agriculture have
the right of inspection, quarantine and
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| condemnation of animals affected with any contamination or | 2 |
| contagious or infectious disease,
or suspected to be so | 3 |
| affected, or that have been exposed to any such
contamination | 4 |
| or disease, and for these purposes are authorized to enter upon | 5 |
| any ground or
premises. Such inspectors may call on sheriffs | 6 |
| and peace officers to assist
them in the discharge of their | 7 |
| duties in carrying out the provisions of any
such statute, | 8 |
| referred to in the preceding paragraph, and the sheriffs and
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| peace officers shall assist such inspectors when so requested. | 10 |
| Such
inspectors shall have the same powers and protection as | 11 |
| peace officers
while engaged in the discharge of their duties.
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| (Source: P.A. 91-457, eff. 1-1-00.)
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| (510 ILCS 50/20) (from Ch. 8, par. 187)
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| Sec. 20. Any person who knowingly transports, receives or | 15 |
| conveys
into this State any animals, carcasses or portions of | 16 |
| carcasses, feed, seed,
bedding, equipment, or other material | 17 |
| capable of conveying
contamination or infection as defined and | 18 |
| prohibited in a proclamation issued by the Governor
under the | 19 |
| provisions of Section 10 of this Act is guilty of a business | 20 |
| offense,
and upon conviction thereof
shall be fined not less | 21 |
| than $1,000 nor more than $10,000, for each
offense, and shall | 22 |
| be liable for all damages or loss that may be
sustained by any | 23 |
| person by reason of such importation of such prohibited
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| animals, or prohibited materials, which penalty may be | 25 |
| recovered in the
circuit court in any county in this State into |
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| or through which such
animals or materials are brought.
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| (Source: P.A. 81-196.)
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| (510 ILCS 50/21) (from Ch. 8, par. 188)
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| Sec. 21. Any person who, knowing that any contamination or | 5 |
| contagious or infectious disease exists
among his animals, | 6 |
| conceals such fact, or knowing of the existence of such
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| disease, sells any animal or animals so contaminated or | 8 |
| diseased, or any exposed animal, or
knowing the same, removes | 9 |
| any such contaminated, diseased , or exposed animal from his
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| premises to the premises of another, or along any public | 11 |
| highway, or
knowing of the existence of such contamination, | 12 |
| disease, or exposure thereto, transports,
drives, leads or | 13 |
| ships any animal so contaminated, diseased , or exposed, by any | 14 |
| motor
vehicle, car or steamboat, to any place in or out of this | 15 |
| State; and any
person who brings any such contaminated or | 16 |
| diseased, or knowingly, brings any such contaminated or exposed
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| animals into this State from another state; and any person who | 18 |
| knowingly
buys, receives, sells, conveys, or engages in the | 19 |
| traffic of such contaminated, diseased ,
or exposed stock, and | 20 |
| any person who violates any quarantine regulation
established | 21 |
| under the provisions of this or any other Act, for each,
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| either, any or all
acts above mentioned in this Section, is | 23 |
| guilty of a petty offense and
shall forfeit all right to any | 24 |
| compensation for any animal or property
destroyed under the | 25 |
| provisions of this Act.
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| (Source: P.A. 91-457, eff. 1-1-00.)
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| (510 ILCS 50/22) (from Ch. 8, par. 189)
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| Sec. 22. Any veterinarian having information of the | 4 |
| existence of any contamination or reportable disease
among | 5 |
| animals in this State, who fails to
promptly
report such | 6 |
| knowledge to the Department, shall be guilty of a
business | 7 |
| offense and shall be fined in any sum not exceeding $1,000 for | 8 |
| each
offense.
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| (Source: P.A. 90-385, eff. 8-15-97.)
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| (510 ILCS 50/24) (from Ch. 8, par. 191)
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| Sec. 24. Any owner or person having charge of any animal | 12 |
| and
having
knowledge of, or reasonable grounds to suspect the | 13 |
| existence among them of any
contamination or contagious or
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| infectious disease and who does not use reasonable means to | 15 |
| prevent the
spread of such contamination or disease or violates | 16 |
| any quarantine; or who conveys upon or
along any public highway | 17 |
| or
other public grounds or any private lands, any contaminated | 18 |
| or diseased animal,
or animal
known to have died of, or been | 19 |
| slaughtered on account of, any contamination or contagious or
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| infectious disease, except in the case of transportation for | 21 |
| medical
treatment
or diagnosis, shall be liable in damages to | 22 |
| the person or persons who
may have suffered loss on account | 23 |
| thereof.
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| (Source: P.A. 90-385, eff. 8-15-97; 91-457, eff. 1-1-00.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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