State of Illinois
91st General Assembly
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91_HB2826eng

 
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 1        AN ACT in relation to livestock, amending named Acts.

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

 4        Section 5.  The Civil Administrative Code of Illinois  is
 5    amended by changing Section 6.01 as follows:

 6        (20 ILCS 5/6.01) (from Ch. 127, par. 6.01)
 7        Sec.  6.01.  In the Department of Agriculture. A Board of
 8    Agricultural Advisors  composed  of  17  persons  engaged  in
 9    Agricultural  industries,  including  representatives  of the
10    agricultural press and of the State  Agricultural  Experiment
11    Station.
12        An  Advisory  Board of Livestock Commissioners to consist
13    of  25  24  persons.  The  Board   shall   consist   of   the
14    administrator  of  animal  disease  programs, the Dean of the
15    College of Agriculture of the  University  of  Illinois,  the
16    Dean  of the College of Veterinary Medicine of the University
17    of Illinois,  and commencing on January 1, 1990 the Deans  or
18    Chairmen  of  the  Colleges  or Departments of Agriculture of
19    Illinois State University, Southern Illinois  University  and
20    Western  Illinois  University  in  that  order who shall each
21    serve for 1 year terms, provided that commencing  on  January
22    1,  1993  such  terms shall be for 2 years in the same order,
23    the Director  of  Public  Health,  the  Director  of  Natural
24    Resources,  the chairman of the Agriculture, Conservation and
25    Energy Committee of the Senate, the chairman of the Committee
26    on Agriculture of the House  of  Representatives,  who  shall
27    ex-officio  be  members  thereof  and  17  additional persons
28    interested in the  prevention,  elimination  and  control  of
29    diseases  of  domestic animals and poultry shall be appointed
30    by the Governor  to  serve  at  his  pleasure.  An  appointed
31    member's  office  becomes  vacant  upon  his  absence  from 3
 
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 1    consecutive meetings. Of such additional persons,  one  shall
 2    be  a representative of breeders of beef cattle, one shall be
 3    a representative of breeders of dairy cattle, one shall be  a
 4    representative  of breeders of dual purpose cattle, one shall
 5    be a representative of breeders of  swine,  one  shall  be  a
 6    representative   of   poultry   breeders,   one  shall  be  a
 7    representative of sheep breeders, one shall be a veterinarian
 8    licensed in this State, one  shall  be  a  representative  of
 9    general or diversified farming, one shall be a representative
10    of deer or elk breeders the public stockyards, one shall be a
11    representative  of  Livestock Auction Markets, one shall be a
12    representative  of   cattle   feeders,   one   shall   be   a
13    representative   of   pork   producers,   one   shall   be  a
14    representative of the State licensed meat packers, one  shall
15    be  a  representative  of  canine  breeders,  one  shall be a
16    representative  of  equine   breeders,   one   shall   be   a
17    representative  of  the  Illinois licensed renderers, and one
18    shall be a representative of livestock dealers.  The  members
19    shall  receive  no  compensation  but shall be reimbursed for
20    expenses necessarily incurred in  the  performance  of  their
21    duties.   In  the  appointment  of  such  Advisory  Board  of
22    Livestock Commissioners,  the  Governor  shall  consult  with
23    representative  persons  and  recognized organizations in the
24    respective fields concerning such appointments.
25        Rules and regulations of the  Department  of  Agriculture
26    pertaining  to  the  prevention,  elimination  and control of
27    diseases of domestic animals and poultry shall  be  submitted
28    to the Advisory Board of Livestock Commissioners for approval
29    at  its  duly called meeting. The chairman of the Board shall
30    certify the official minutes of the Board's action and  shall
31    file the certified minutes with the Department of Agriculture
32    within  30  days after the proposed rules and regulations are
33    submitted and before they are promulgated and made effective.
34    If the Board  fails  to  take  action  within  30  days  this
 
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 1    limitation shall not apply and such rules and regulations may
 2    be  promulgated and made effective. In the event it is deemed
 3    desirable the Board may hold hearings  upon  such  rules  and
 4    regulations or proposed revisions. The Board members shall be
 5    familiar   with   the   Acts   relating  to  the  prevention,
 6    elimination and control of diseases  among  domestic  animals
 7    and  poultry.  The  Department  shall,  upon the request of a
 8    Board  member,  advise  with  such   Board   concerning   the
 9    administration of the respective Acts.
10        The  Director  of  Agriculture or his representative from
11    the Department shall  act  as  chairman  of  the  Board.  The
12    Director  shall  call  meetings  thereof from time to time or
13    when requested by 3 or more appointed members of the Board. A
14    quorum of appointed members must be  present  to  convene  an
15    official  meeting.  The chairman and ex-officio members shall
16    not be included in a quorum call. Ex-officio members  may  be
17    represented  by  a  duly authorized representative from their
18    Department, Division, College or Committee. Appointed members
19    shall not be represented at  a  meeting  by  another  person.
20    Ex-officio members and appointed members shall have the right
21    to vote on all proposed rules and regulations; voting that in
22    effect would pertain to approving rules and regulations shall
23    be taken by an oral roll call. No member shall vote by proxy.
24    The chairman shall not vote except in the case of a tie vote.
25    Any  member  ex-officio  or  appointed  may ask for and shall
26    receive an oral roll call on any motion before the Board. The
27    Department shall provide a  clerk  to  take  minutes  of  the
28    meetings  and record transactions of the Board. The Board, by
29    oral roll call, may require an  official  Court  Reporter  to
30    record the minutes of the meetings.
31    (Source: P.A. 86-232.)

32        Section  10.  The Livestock Auction Market Law is amended
33    by changing Sections 1, 7, 8a, and 10a as follows:
 
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 1        (225 ILCS 640/1) (from Ch. 121 1/2, par. 208)
 2        Sec. 1. Definitions.  When used in this Act:
 3        "Person"  means  any  person,   firm,   partnership,   or
 4    corporation.
 5        "Department"  means  the Department of Agriculture of the
 6    State of Illinois.
 7        "Director" means the Director of the Illinois  Department
 8    of Agriculture, or his duly appointed representative.
 9        "Livestock"  means  cattle,  swine,  sheep,  equidae, and
10    goats.
11        "Livestock auction market" means any sale or exchange  of
12    livestock  held  by  any  person  at  an established place of
13    business or premises where the  livestock  is  assembled  for
14    sale  or  exchange  and  is  sold  or exchanged at auction at
15    regular or irregular intervals, but more  frequently  than  3
16    times during the preceding 12 months.
17        "Consignor"  means  any  person  consigning, shipping, or
18    delivering livestock to a livestock auction market for  sale,
19    resale, or exchange.
20        "Operator of a livestock auction market" means any person
21    holding,  conducting,  or  carrying  on  a  livestock auction
22    market.
23        "Marketing center" means an approved  livestock  facility
24    (stockyard  or  livestock  market  under  State  and  federal
25    veterinary supervision) where livestock is assembled and that
26    has   been  approved  by  the  United  States  Department  of
27    Agriculture. a licensed livestock auction  market  which  has
28    been  so designated by the Illinois Department of Agriculture
29    and  the  United  States  Department  of  Agriculture  as   a
30    marketing  center  after having qualified under the rules and
31    regulations of the State Department of  Agriculture  and  the
32    United States Department of Agriculture and is operated under
33    the supervision of an accredited veterinarian approved by the
34    Illinois Department of Agriculture.
 
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 1        "Consignment"  means  a  document  issued by the owner or
 2    shipper of livestock,  designating  the  name  of  the  owner
 3    and/or shipper; place of origin; stockyards, State or Federal
 4    approved  slaughtering  establishment, or marketing center of
 5    destination; date of shipment; and number and description  of
 6    livestock,  certified  to  by  the  owner or shipper, kept in
 7    possession of the carrier  and  delivered  to  a  stockyards,
 8    State  or  Federal  approved  slaughtering  establishment, or
 9    marketing  center  of  destination  upon   acceptance.   This
10    consignment shall be held by the stockyards, State or Federal
11    approved  slaughtering establishment, or marketing center for
12    a period of not less than 6  months  for  inspection  by  the
13    legally  authorized officials of the United States Department
14    of Agriculture and the Illinois Department of Agriculture and
15    other officials having police powers.
16    (Source: P.A. 89-154, eff. 1-1-96.)

17        (225 ILCS 640/7) (from Ch. 121 1/2, par. 214)
18        Sec. 7.  Each operator  of  a  livestock  auction  market
19    shall  keep  the  following records for each lot of livestock
20    consigned to or sold through such livestock auction market:
21        (a)  The name and address of the consignor;
22        (b)  A description of the livestock, which  includes  the
23    kind,  approximate  age,  the  sex,  and any marks, brands or
24    other distinguishing or identifying marks;
25        (c)  The method by which the livestock was  delivered  to
26    the  livestock  auction  market and, in the case of livestock
27    delivered by motor vehicle, the name  of  the  operator,  the
28    model,  manufacturer,  and  the  State license number of such
29    motor vehicle;
30        (d)  The name  and  address  of  the  purchaser  of  such
31    livestock;
32        (e)  The  price  for  which  the  livestock  was  sold or
33    exchanged and the commission or other  fees  charged  by  the
 
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 1    livestock auction market;
 2        (e-5)  For  equidae only, the date of the test for equine
 3    infectious anemia;
 4        (f)  There shall be forwarded to the Department within 72
 5    hours after date of each consignment  sold  for  slaughter  a
 6    certification  of slaughter, or certification of shipment, on
 7    forms prescribed by the Department, or a purchaser's invoice.
 8    The purchaser's invoice shall contain information relative to
 9    resale  of  slaughter  consignments  as  prescribed  by   the
10    Department  as  well  as  the  name and address of purchaser,
11    number, description, and weight of animals and destination of
12    each consignment; and.
13        (g)  Any health certificates accompanying shipments.
14        Such records shall be kept by the operator of a livestock
15    auction market at the establishment  or  premises  where  the
16    sale  is held and conducted or such other convenient place as
17    may be approved by the Department. Such records shall be open
18    for inspection by authorized  Department  personnel  of  this
19    State  at  all  reasonable  times  and  shall be retained and
20    preserved for a period of at least 2 years.
21    (Source: P.A. 89-463, eff. 5-31-96.)

22        (225 ILCS 640/8a) (from Ch. 121 1/2, par. 215a)
23        Sec. 8a. The Department is authorized to adopt rules  and
24    regulations  for  the operation of marketing centers, and All
25    marketing centers designated by the Department and the United
26    States Department of Agriculture shall be operated  according
27    to  Department  such  rules and regulations concerning market
28    centers and all other  livestock  auction  market  rules  and
29    regulations  not  inconsistent with the rules and regulations
30    governing marketing centers.
31    (Source: Laws 1967, p. 728.)

32        (225 ILCS 640/10a) (from Ch. 121 1/2, par. 217a)
 
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 1        Sec. 10a. Nothing in  this  Act  shall  be  construed  as
 2    preventing   the   movement   of  livestock  into  stockyards
 3    registered  under  the  Packers   and   Stockyards   Act,   a
 4    State-Federal   approved   slaughtering  establishment  or  a
 5    marketing center approved by the United States Department  of
 6    Agriculture  and  the  Illinois  Department of Agriculture as
 7    defined in  this  Act  and  operating  under  the  rules  and
 8    regulations  pertaining  to  marketing  centers.  The  United
 9    States  Department  of Agriculture or the Illinois Department
10    of Agriculture has the authority, however,  to  prohibit  the
11    entry into, or movement within, or sale of diseased animals.
12    (Source: P.A. 76-734.)

13        Section  15.  The Illinois Livestock Dealer Licensing Act
14    is amended by changing Section 17 as follows:

15        (225 ILCS 645/17) (from Ch. 111, par. 417)
16        Sec. 17. Each licensee shall  maintain  records  of  each
17    purchase under this Act including identification of livestock
18    purchased,  the  name and address of the seller, and the date
19    of purchase, and a  record  of  each  sale,  including  date,
20    buyer,  number  and identification of animals. All reports of
21    sales  of  female  feeder  cattle  must  be  mailed  to   the
22    Department weekly on forms furnished by the Department.
23        These   records   along   with  any  accompanying  health
24    certificates shall be maintained for a period of 3 years.
25    (Source: P.A. 83-760.)

26        Section 20.  The Illinois Bovine Brucellosis  Eradication
27    Act is amended by changing Sections 1.9 and 6.4 as follows:

28        (510 ILCS 30/1.9) (from Ch. 8, par. 134.9)
29        Sec. 1.9. The term "public stockyards" means the National
30    Stockyards  at  National Stock Yards, Illinois; and the Union
 
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 1    Stockyards at Peoria, Illinois.
 2    (Source: P.A. 87-160.)

 3        (510 ILCS 30/6.4) (from Ch. 8, par. 139.4)
 4        Sec. 6.4. Female cattle of the beef breeds 18  months  of
 5    age  or  older. Female cattle of the beef breeds 18 months of
 6    age and over, for feeding  and  grazing  purposes  only,  may
 7    enter  the  State,  or  may be shipped from public stockyards
 8    within the State; provided that, such cattle are  accompanied
 9    by  an  official certificate of health which states they were
10    negative to an official test for brucellosis within  30  days
11    prior  to  date  of entry, which test shall be conducted by a
12    State or Federal approved laboratory, or are under 24  months
13    of age and were officially calfhood vaccinated.
14    (Source: P.A. 78-818.)

15        Section   25.    The   Illinois   Bovidae   and  Cervidae
16    Tuberculosis Eradication Act is amended by  changing  Section
17    17a and adding Sections 1.14 and 1.15 as follows:

18        (510 ILCS 35/1.14 new)
19        Sec.  1.14.   Auction  market.   "Auction market" means a
20    licensed livestock facility (stockyard  or  livestock  market
21    under   State   and  federal  veterinary  supervision)  where
22    livestock is assembled.

23        (510 ILCS 35/1.15 new)
24        Sec. 1.15.  Marketing center.  "Marketing  center"  means
25    an approved livestock facility (stockyard or livestock market
26    under   State   and  federal  veterinary  supervision)  where
27    livestock is assembled and that has been approved by the U.S.
28    Department of Agriculture under the rules  pertaining  to  an
29    approved livestock facility.
 
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 1        (510 ILCS 35/17a) (from Ch. 8, par. 103.1)
 2        Sec.  17a. Application of Act. This Act shall not prevent
 3    the movement of cattle, bison,  sheep,  goats,  antelope,  or
 4    cervids  into  stockyards  registered  under  the Packers and
 5    Stockyards  Act,  a   State-Federal   approved   slaughtering
 6    establishment  or  a  marketing center approved by the United
 7    States Department of Agriculture and the Illinois  Department
 8    of  Agriculture  as defined in the Illinois Livestock Auction
 9    Market Law, and operating under  the  rules  and  regulations
10    pertaining to marketing centers.
11    (Source: P.A. 90-192, eff. 7-24-97.)

12        Section 30.  The Illinois Diseased Animals Act is amended
13    by changing Sections 1, 5, 13, 17, 21, and 24 as follows:

14        (510 ILCS 50/1) (from Ch. 8, par. 168)
15        Sec. 1. For the purposes of this Act:
16        "Department"  means  the Department of Agriculture of the
17    State of Illinois.
18        "Director" means the Director of the Illinois  Department
19    of Agriculture, or his duly appointed representative.
20        "Contagious  or  infectious  disease"  means  a  specific
21    disease   designated  by  the  Department  as  contagious  or
22    infectious under rules pertaining to this Act.
23        "Reportable disease" means a specific disease  designated
24    by  the  Department  as  reportable under rules pertaining to
25    this Act.
26        "Animals"  means  domestic  animals,  poultry,  and  wild
27    animals in captivity.
28        "Exposed to" means for an animal to come in contact  with
29    another   animal   or  an  environment  that  is  capable  of
30    transmitting a contagious, infectious, or reportable disease.
31    An animal will no longer be considered as "exposed  to"  when
32    it is beyond the standard incubation time for the disease and
 
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 1    the  animal has been tested negative for the specific disease
 2    or there is no evidence that the animal is contagious, except
 3    for animals exposed to Johne's disease.  Animals  originating
 4    from  a herd where Johne's disease has been diagnosed will be
 5    considered no longer "exposed to" with a negative test.   The
 6    negative  test  must have been conducted within 30 days prior
 7    to the sale or movement.
 8    (Source: P.A. 90-385, eff. 8-15-97.)

 9        (510 ILCS 50/5) (from Ch. 8, par. 172)
10        Sec. 5. When the Department determines that any animal is
11    affected with, or has been  exposed  to,  any  contagious  or
12    infectious  disease,  it  may  agree  with the owner upon the
13    value of the animal or of any property that it may  be  found
14    necessary to destroy, and in case such an agreement cannot be
15    made,  the  animals  or  property shall be appraised by three
16    competent and disinterested appraisers, one to be selected by
17    the Department, one by the  claimant,  and  one  by  the  two
18    appraisers  thus  selected. The appraisers shall subscribe to
19    an oath in writing to fairly value such animals  or  property
20    in  accordance with the requirements of this Act, which oath,
21    together with the valuation fixed by the appraisers, shall be
22    filed with the Department and preserved by it.
23        Upon the  appraisement  being  made,  the  owner  or  the
24    Department  shall immediately destroy the animals in a humane
25    manner, dispose of  the  carcasses  thereof,  and  disinfect,
26    change  or  destroy  the premises occupied by the animals, in
27    accordance with rules prescribed by the Department  governing
28    such destruction and disinfection, and upon his failure so to
29    do  or to cooperate with the Department, the Department shall
30    cause such animals or property to be destroyed  and  disposed
31    of,  and  thereupon  the  owner  shall  forfeit  all right to
32    receive any compensation for the destruction of  the  animals
33    or property.
 
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 1    (Source: Laws 1943, vol. 1, p. 24.)

 2        (510 ILCS 50/13) (from Ch. 8, par. 180)
 3        Sec.   13.   The  Department  shall  cooperate  with  any
 4    commissioner or other officer appointed by the United  States
 5    authorities, in connection with carrying out any provision of
 6    any  United  States Statute providing for the suppression and
 7    prevention  of  contagious  and  infectious  diseases   among
 8    animals,   in   suppression  and  preventing  the  spread  of
 9    contagious and infectious  diseases  among  animals  in  this
10    State.
11        The  inspectors  of  the  Animal  Health  Division of the
12    United States Department  of  Agriculture  and  the  Illinois
13    Department  of  Agriculture  have  the  right  of inspection,
14    quarantine and condemnation  of  animals  affected  with  any
15    contagious  or  infectious  disease,  or  suspected  to be so
16    affected, or that have been exposed to any such disease,  and
17    for these purposes are authorized to enter upon any ground or
18    premises.  Such  inspectors  may  call  on sheriffs and peace
19    officers to assist them in the discharge of their  duties  in
20    carrying  out the provisions of any such statute, referred to
21    in the  preceding  paragraph,  and  the  sheriffs  and  peace
22    officers shall assist such inspectors when so requested. Such
23    inspectors shall have the same powers and protection as peace
24    officers while engaged in the discharge of their duties.
25    (Source: Laws 1967, p. 905.)

26        (510 ILCS 50/17) (from Ch. 8, par. 184)
27        Sec.  17. When any cattle, swine, sheep or other domestic
28    animals herein specified are consigned  for  delivery  within
29    the confines of the State of Illinois any public stock yards,
30    they shall not be diverted en route or delivered to the owner
31    or consignee at any other point within the State of Illinois,
32    except that named in the original billing.
 
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 1    (Source: Laws 1943, vol. 1, p. 24.)

 2        (510 ILCS 50/21) (from Ch. 8, par. 188)
 3        Sec.  21.  Any person who, knowing that any contagious or
 4    infectious disease exists among his  animals,  conceals  such
 5    fact,  or knowing of the existence of such disease, sells any
 6    animal or animals so diseased,  or  any  exposed  animal,  or
 7    knowing the same, removes any such diseased or exposed animal
 8    from  his  premises  to the premises of another, or along any
 9    public highway, or knowing of the existence of such  disease,
10    or  exposure  thereto, transports, drives, leads or ships any
11    animal so diseased or exposed, by any motor vehicle,  car  or
12    steamboat,  to  any  place  in  or out of this State; and any
13    person who brings any such diseased, or knowingly, brings any
14    such exposed animals into this State from another state;  and
15    any  person  who knowingly buys, receives, sells, conveys, or
16    engages in the traffic of such diseased or exposed stock, and
17    any person who violates any quarantine regulation established
18    under the provisions of this or  any  other  Act,  for  each,
19    either,  any  or all acts above mentioned in this Section, is
20    guilty of a petty offense and shall forfeit all right to  any
21    compensation  for  any animal or property destroyed under the
22    provisions of this Act.
23    (Source: P.A. 78-255.)

24        (510 ILCS 50/24) (from Ch. 8, par. 191)
25        Sec. 24. Any owner or person having charge of any  animal
26    and having knowledge of, or reasonable grounds to suspect the
27    existence  among them of any contagious or infectious disease
28    and who does not use reasonable means to prevent  the  spread
29    of  such  disease  or violates any quarantine; or who conveys
30    upon or along any public highway or other public  grounds  or
31    any  private  lands,  any diseased animal, or animal known to
32    have  died  of,  or  been  slaughtered  on  account  of,  any
 
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 1    contagious or infectious  disease,  except  in  the  case  of
 2    transportation  for  medical treatment or diagnosis, shall be
 3    liable in damages to the  person  or  persons  who  may  have
 4    suffered loss on account thereof.
 5    (Source: P.A. 90-385, eff. 8-15-97.)

 6        Section  35.   The Illinois Swine Brucellosis Eradication
 7    Act is amended by changing Sections 3 and 6a as follows:

 8        (510 ILCS 95/3) (from Ch. 8, par. 148h)
 9        Sec. 3. An official test for the intrastate  movement  of
10    swine  shall  be  conducted  by any official State or Federal
11    laboratory,  except  that  an  accredited  veterinarian   may
12    conduct  such  test  when performing his official duties at a
13    stockyards registered under the Packers and Stockyards Act or
14    at a marketing center that has  been  approved  by  the  U.S.
15    Department  of  Agriculture  under the rules pertaining to an
16    approved  livestock  facility.   livestock   auction   market
17    licensed under the Illinois Livestock Auction Market Law. All
18    such  tests shall be reported to the Department within 7 days
19    of completion, upon forms provided by the Department.
20    (Source: P.A. 76-226.)

21        (510 ILCS 95/6a) (from Ch. 8, par. 148k.1)
22        Sec. 6a. Nothing  in  this  Act  shall  be  construed  as
23    preventing  the  movement of swine into stockyards registered
24    under  the  Packers  and  Stockyards  Act,  a   State-Federal
25    approved  slaughtering  establishment  or  a marketing center
26    approved by the United States Department of  Agriculture  and
27    the  Illinois  Department  of  Agriculture, as defined in the
28    Illinois Livestock Auction Market Law,  and  operating  under
29    the rules and regulations pertaining to marketing centers.
30    (Source: P.A. 76-226.)
 
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 1        (510 ILCS 80/Act rep.)
 2        Section 40.  The Livestock Record Act is repealed.
 
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 1                                INDEX
 2               Statutes amended in order of appearance
 3    20 ILCS 5/6.01            from Ch. 127, par. 6.01
 4    225 ILCS 640/1            from Ch. 121 1/2, par. 208
 5    225 ILCS 640/7            from Ch. 121 1/2, par. 214
 6    225 ILCS 640/8a           from Ch. 121 1/2, par. 215a
 7    225 ILCS 640/10a          from Ch. 121 1/2, par. 217a
 8    225 ILCS 645/17           from Ch. 111, par. 417
 9    510 ILCS 30/1.9           from Ch. 8, par. 134.9
10    510 ILCS 30/6.4           from Ch. 8, par. 139.4
11    510 ILCS 35/1.14 new
12    510 ILCS 35/1.15 new
13    510 ILCS 35/17a           from Ch. 8, par. 103.1
14    510 ILCS 50/1             from Ch. 8, par. 168
15    510 ILCS 50/5             from Ch. 8, par. 172
16    510 ILCS 50/13            from Ch. 8, par. 180
17    510 ILCS 50/17            from Ch. 8, par. 184
18    510 ILCS 50/21            from Ch. 8, par. 188
19    510 ILCS 50/24            from Ch. 8, par. 191
20    510 ILCS 95/3             from Ch. 8, par. 148h
21    510 ILCS 95/6a            from Ch. 8, par. 148k.1
22    510 ILCS 80/Act rep.

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