90th General Assembly
Summary of SB1707
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Senate Sponsors:
SIEBEN-PHILIP-DONAHUE.

House Sponsors:
SMITH,MICHAEL-MOFFITT-LEITCH-SLONE

Short description: 
MEAT-POULTRY INSPECT ACT-LIC                                               

Synopsis of Bill as introduced:
        Amends  the  Meat  and  Poultry  Inspection  Act.   Deletes   all      
   definitions  in  the  Act  and  replaces  them  with  new definitions.      
   Provides that failure to meet  conditions  to  retain  a  license  may      
   result  in denial of a renewal of the license.  Provides a $50 penalty      
   for late filing of a license renewal application.  Repeals  provisions      
   concerning   nonresident   applicants   for   license  and  provisions      
   concerning municipal inspection.  Provides that a Type I establishment      
   shall develop certain  sanitation  procedures  and  conduct  a  hazard      
   analysis and develop and validate a HACCP plan before being granted or      
   renewing  official  inspection.   Requires that a Type I establishment      
   must get Department approval before it may handle wild game.   Deletes      
   provisions  concerning  administration of the Act.  Deletes provisions      
   requiring a person employed by an establishment to adhere  to  certain      
   cleanliness standards.  Removes provisions providing that only persons      
   specifically designated by the operator of an establishment may handle      
   meat  or  poultry  products.   Raises the penalty for slaughtering for      
   human food condemned animals or poultry from a Class A misdemeanor  to      
   a  Class  4  felony.  Provides that all Type I licensed establishments      
   shall be  conducted  under  inspections  and  during  approved  hours.      
   Removes  the  prohibition  against  failure  to  disclose  a specified      
   definition of the yield grade when a yield  grade  is  advertised  and      
   against failure to furnish a buyer with a complete and accurate signed      
   statement  at  the  time  of  delivery  showing the net weight of meat      
   delivered to the buyer.  Deletes provisions concerning reports by  the      
   Director to the State's Attorney.  Makes other changes.                     
        SENATE AMENDMENT NO. 1.                                                
          Adds reference to:                                                   
          240 ILCS 40/1-10                                                     
          240 ILCS 40/1-15                                                     
          240 ILCS 40/5-30                                                     
          240 ILCS 40/10-10                                                    
          240 ILCS 40/10-15                                                    
          240 ILCS 40/10-25                                                    
          240 ILCS 40/25-10                                                    
          240 ILCS 40/25-20                                                    
          240 ILCS 40/30-5                                                     
        Amends the Grain Code.  Provides that  it  is  the  duty  of  the      
   Department  to  give  notice  that  a  grain  dealer  has ceased doing      
   business without a successor.  Requires persons who print price  later      
   contracts  to  register  with  the  Department  and pay an annual $100      
   registration  fee  to  the  Department.  Requires  persons  who  print      
   warehouse receipts to register with the Department and pay  an  annual      
   $100 registration fee to the Department. Makes technical corrections.       
        SENATE AMENDMENT NO. 3.                                                
          Adds reference to:                                                   
          510 ILCS 77/11 new                                                   
          510 ILCS 77/12 new                                                   
          510 ILCS 77/13 new                                                   
          510 ILCS 77/14 new                                                   
          510 ILCS 77/20                                                       
          510 ILCS 77/65 new                                                   
        Amends the Livestock Management Facilities  Act.   Provides  that      
   the  owner  or operator of a new livestock management facility serving      
   1,000 or more  animal  units  shall  submit  a  notice  of  intent  to      
   construct  a  new  livestock  management facility to the Department of      
   Agriculture.  Provides that the owner of a  livestock  waste  handling      
   facility  may  rely  on  guidance  from  the  county  Soil  and  Water      
   Conservation  District,  the  United  States Department of Agriculture      
   Natural Resources Conservation Service, or the University of  Illinois      
   Cooperative  Extension  Service  for  soil  type and water table level      
   information.  Provides that waste storage  structures  on  soil  where      
   high  water  is a concern or where the soil does not meet strength and      
   load factors shall meet certain construction standards.  Provides  for      
   inspection  of  newly constructed livestock waste handling facilities.      
   Provides that a person who  fails  to  file  a  notice  of  intent  to      
   construct  a  livestock waste handling facility with the Department is      
   guilty of a petty offense and shall be fined $500.  Provides that  the      
   Department   shall   provide  verification  to  a  facility  to  allow      
   construction if the facility meets the Act's  requirements.   Provides      
   that  owners,  operators,  and  controlling  persons  of  a  livestock      
   management facility or a livestock waste handling facility are jointly      
   and  severally  liable  for  damages  resulting  from  an unauthorized      
   discharge  or  spill  originating  at   the   facility.      Effective      
   immediately.                                                                
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          510 ILCS 77/11 new                                                   
          510 ILCS 77/12 new                                                   
          510 ILCS 77/13 new                                                   
          510 ILCS 77/14 new                                                   
          510 ILCS 77/65 new                                                   
          Adds reference to:                                                   
          510 ILCS 77/10.30                                                    
          510 ILCS 77/10.40                                                    
          510 ILCS 77/10.65 new                                                
          510 ILCS 77/15                                                       
          510 ILCS 77/16                                                       
          510 ILCS 77/17                                                       
          510 ILCS 77/20                                                       
          510 ILCS 77/25                                                       
          510 ILCS 77/30                                                       
          510 ILCS 77/35                                                       
          510 ILCS 77/36 new                                                   
          510 ILCS 77/51 new                                                   
        Replaces the  amendatory  changes  to  the  Livestock  Management      
   Facilities  Act.   Provides for the adoption of permanent construction      
   standards for livestock waste handling facilities other  than  earthen      
   waste   lagoons.    Sets  interim  construction  standards  for  those      
   facilities.  Provides for the registration and  certification  of  any      
   lagoon  or  other livestock waste handling facility with a capacity to      
   serve more than 500 animal units that is newly constructed,  modified,      
   or expanded (now lagoons are required to be registered and certified).      
   Provides  that the county may hold a public informational meeting upon      
   receiving notice of an intent to construct or modify a livestock waste      
   handling facility with a capacity to serve more than 500 animal  units      
   (now  upon  receiving  notice  of  an intent to construct or modify an      
   earthen livestock waste lagoon).  Provides  that  the  waste  handling      
   facility  registration  fee  is $250 (now, $50 for lagoons).  Provides      
   for the inspection of livestock waste  handling  facilities  servicing      
   500  or more animal units (now livestock waste lagoons servicing 1,000      
   or more animal units).  Provides that  the  owner  or  operator  of  a      
   facility  of  less  than  500  (now  1,000)  animal units shall not be      
   required to prepare and maintain a waste  management  plan.   Provides      
   that the owner or operator of a facility of 500 (now 1,000) or greater      
   animal  units  but  less  than  5,000  (now  7,000) animal units shall      
   prepare  and  maintain  at  the  facility  a  waste  management  plan.      
   Provides that the owner or operator of a livestock management facility      
   of 5,000 (now 7,000) or greater animal units shall prepare,  maintain,      
   and  submit  to the Department of Agriculture a waste management plan,      
   and the plan shall be kept on file for 5 years (now 3).   Provides for      
   the use of phosphorus, nitrogen,  or  potassium  rates  (now  nitrogen      
   rates)  when  applying livestock waste to the land.  Provides that the      
   fee for the issuance or  renewal  of  a  certified  livestock  manager      
   certificate  is $50 (now $10). Prohibits the construction of livestock      
   management facilities of 500 or greater animal units in flood  plains,      
   areas  with  karst  topography,  and  certain  areas with a high water      
   table. Provides that owners, operators, and controlling persons  of  a      
   livestock management facility or a livestock waste handling facility        
   are  jointly  and  severally liable for penalties or damages resulting      
   from certain violations of the Environmental Protection Act  and  from      
   violations  of  the  Livestock  Management Facilities Act. Makes other      
   changes.  Provides  that  the  changes  made  by  this  amendment  are      
   effective June 1, 1998.                                                     
          BALANCED BUDGET NOTE, H-AM 1                                         
          Does not authorize, increase, decrease, or reallocate any            
          general funds appropriation for FY98.                                
          FISCAL NOTE, H-AM 1 (Dpt. Corrections)                               
          Corrections population and fiscal impacts are minimal.               
          CORRECTIONAL NOTE, H-AM 1                                            
          No change from DOC fiscal note, with H-am 1.                         
          FISCAL NOTE, H-AM 1 (Dpt. of Agriculture)                            
          The total fiscal impact would be $400,000.                           
          BALANCED BUDGET NOTE, H-AMS 1 & 2                                    
          SB 1707 does not authorize, increase, decrease or reallocate         
          any general funds appropriation for fiscal year 1998.                
          BALANCED BUDGET NOTE, H-AMS 1 & 4                                    
          No change from previous balanced budget note.                        
          JUDICIAL NOTE, H-AM 4                                                
          No decrease or increase in the need for the number of judges.        
          STATE MANDATES ACT FISCAL NOTE, H-AM 1                               
          Fails to create a State mandate.                                     
          FISCAL NOTE, H-AM 4 (Dpt. Agriculture)                               
           Meat & Poultry Inspection Act:                no fiscal impact      
           Grain Code:           nominal increase in Ill. Grain Ins. Fund      
           Livestock Mgmt. Facilities Act:                       $400,000      
          CORRECTIONAL NOTE, H-AM 4                                            
          There will be minimal fiscal and prison population impact.           
          STATE DEBT IMPACT NOTE, H-AM 4                                       
          No direct impact on the level of State indebtedness.                 
          HOUSING AFFORDABILITY NOTE, H-AM 4                                   
          No fiscal effect on a single-family residence.                       
        HOUSE AMENDMENT NO. 4.                                                 
        Further amends the Livestock Management Facilities Act.  Provides      
   that 2 or more livestock management facilities under common ownership,      
   if the facilities are not separated by one  mile  or  if  they  use  a      
   common  system for the storage or disposal of waste (now if they use a      
   common system or acreage for the storage or disposal of waste),  shall      
   be  considered  a  single  livestock management facility.  Deletes the      
   changes concerning the livestock waste storage capacity  of  livestock      
   waste  handling facilities.  Provides that the livestock waste storage      
   capacity for livestock waste handling facilities  other  than  lagoons      
   must be at least 180 days.  Exempts certain financial institutions and      
   certain  other  persons  whose  interest  in  a  facility  arises in a      
   fiduciary capacity from the provisions concerning  joint  and  several      
   liability.   Prohibits construction of a livestock management facility      
   or a livestock waste handling facility of 500 or greater animal  units      
   in  any  area where aquifer material is found 5 feet or less below the      
   bottom of the facility (now where the seasonal high water table  is  5      
   feet  or  less  below  the bottom of the facility).  Makes a technical      
   change.                                                                     
          HOUSING AFFORDABILITY NOTE, H-AM 1                                   
          No fiscal effect on a single-family residence.                       
          STATE MANDATES ACT FISCAL NOTE, H-AM 4                               
          Fails to create a State mandate.                                     
          BALANCED BUDGET NOTE, H-AMS 1, 4 & 5                                 
          No change from previous balanced budget note.                        
          STATE DEBT NOTE, H-AMS 1, 4 & 5                                      
          No change from previous State debt note.                             
          HOUSING AFFORDABILITY NOTE, H-AMS 1, 4 & 5                           
          No change from previous housing affordability note.                  
          CORRECTIONAL NOTE, H-AM 5                                            
          No change from previous correctional note.                           
          STATE MANDATES ACT FISCAL NOTE, H-AMS 1, 4 & 5                       
          No change from previous state mandates note.                         
          HOME RULE NOTE, H-AMS 1, 4, & 5                                      
          The bill fails to preempt home rule authority.                       
          FISCAL NOTE, H-AM 5 (Dpt. of Agriculture)                            
          No change from previous fiscal note.                                 
        HOUSE AMENDMENT NO. 5.                                                 
          Deletes reference to:                                                
          510 ILCS 77/51 new                                                   
          Adds reference to:                                                   
          510 ILCS 77/95 new                                                   
        Further amends the Livestock Management Facilities Act.   Deletes      
   the  provisions concerning joint and several liability.  Provides that      
   livestock  management  facilities   and   livestock   waste   handling      
   facilities  shall  be  subject  to  penalties  and  liability  for any      
   violations of the Environmental Protection Act.                             
          FISCAL NOTE, H-AMS 1, 4 & 5 (Office of Ill. Courts)                  
          The bill will have no fiscal impact on judicial branch.              
          JUDICIAL NOTE, H-AMS 1, 4 & 5                                        
          No change from previous judicial note.                               
 
Last action on Bill: SESSION SINE DIE

   Last action date: 99-01-12

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   3     SENATE -   2


   END OF INQUIRY 
                                                                               



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