HB2875 102ND GENERAL ASSEMBLY

LRB102 13617 AWJ 18967 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2875

Introduced 2/19/2021, by Rep. Martin McLaughlin

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-12022 new

Amends the Counties Code. Provides that each county shall regulate and restrict the location and use of livestock management facilities at a minimum standard of the setbacks, evaluation, calculations, definitions, construction standards, certification, and inspection provisions of the Livestock Management Facilities Act. Provides that a county's review and approval of such facilities shall include at least one public hearing, witness testimony, and the opportunity for the public to comment. Provides that each county shall cooperate with the Department of Agriculture to fully comply with the provisions and standards of the Livestock Management Facilities Act, including, but not limited to, the provisions concerning public informational meetings and final determinations. Effective immediately.

A BILL FOR

AN ACT concerning local government.

WHEREAS, There is a proliferation of litigation pertaining to the alleged public hazard and nuisance of livestock management facilities with a public and private cost to taxpayers and an excessive burden of the resources of our judicial system; and

WHEREAS, The costly litigiousness of this important and necessary industry may be reduced by an increased public and governmental engagement and compliance with the statutory guidelines that have already been provided by State law, and local zoning authority; and

WHEREAS, It is essential that county governments comply with the requirements of the Livestock Management Facilities Act when siting, locating, zoning, and approving such facilities; and

WHEREAS, Counties should utilize the authority granted under Division 5-12 of the Counties Code and adopt a system of regulation and location of livestock management facilities that is compatible with the State's Livestock Management Facilities Act; therefore

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by adding Section 5-12022 as follows:

(55 ILCS 5/5-12022 new)

Sec. 5-12022. Regulation of livestock management facilities. Notwithstanding any other provision of law, each county shall regulate and restrict the location and use of livestock management facilities at a minimum standard of the setbacks, evaluation, calculations, definitions, construction standards, certification, and inspection provisions of the Livestock Management Facilities Act. a county's review and approval of such facilities shall include at least one public hearing, witness testimony, and the opportunity for the public to comment.

Each county shall cooperate with the Department of Agriculture to fully comply with the provisions and standards of the Livestock Management Facilities Act, including, but not limited to, the provisions concerning public informational meetings and final determinations.

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