By TIM ALEXANDER Illinois Correspondent SPRINGFIELD, Ill. — When the Illinois Senate and House both abruptly announced on May 7 they were adjourning with state budget appropriations still not settled, they also left the status of several key agriculture-related bills in limbo.
Senate President John Cullerton and House Speaker Michael Madigan told their respective chambers that the assembly would reconvene for a couple of days before a May 31 deadline where extraordinary votes are required to pass budget appropriations and other supporting bills. When ag-related legislation such as bills concerning equine slaughter, ATV/UTV usage on rural roads and livestock nuisance suits will be addressed is even more unclear, according to Jeff Beasley, director of state legislative affairs for the Illinois Beef Assoc. (IBA).
“The nuisance lawsuit livestock bill (HB 6142) has got to be addressed,” said Beasley, a beef producer from southern Illinois. “We’ve got to find some protections for livestock producers. It’s a touchy subject in the legislature, but we’ve got to spark some interest with some legislators and get them to understand our side of the situation.”
HB 6142, sponsored by Rep. Richard P. Myers, would prohibit any person from bringing a civil suit based on potential nuisance with respect to a proposed livestock facility until all federal, state and local permits have been granted. It also provides that a prevailing defendant in any legal action will be able to recover certain costs and fees. The bill has languished in the House Rules Committee since March 15.
“When a person moves to property in rural areas in the vicinity of livestock farms, there is going to be an occasional smell, there is going to be dust, there may be flies. If a court were to rule in favor of a plaintiff, a producer can be affected from a production and management standpoint, as well as a liability-wise, just because someone moves in next to them and later decides they don’t like the conditions,” Beasley said. “I can understand (litigation) when producers are negligent in their management, but producers need protection from (frivolous) lawsuits. Producers must adhere to the Livestock Management Facility Act and apply for a permit through the Illinois Department of Agriculture, and must adhere to setbacks and restrictions. Shouldn’t compliance grant that producer some protections?”
A bill to re-establish an advisory board of livestock commissioners (HB 6142), also a high priority for the IFB, has passed the House and Senate and awaits Gov. Patrick Quinn’s signature.
“This allows the board to become more active, meet on a regular basis” and enjoy renewed strength, said Beasley. “The governor is not necessarily ag or livestock friendly, but I don’t see any reason he won’t sign it.”
Like many involved in agriculture in Illinois, Beasley and the IBA are seeking to repeal a recent HSUS-empowered law banning horse slaughter. HB 4812 would restore the slaughter option to producers and others in the equine industry.
“A lot of beef producers, such as myself, are horse owners. We feel there needs to be a way to manage horses at the end of their useful life span,” Beasley explained. “We’re hearing stories about people turning out their horses in the Shawnee National Forest. And if the animal rights or animal welfare groups get their foot in the door on an issue, then what’s next? Ultimately, they want to start picking off (farming) groups one at a time.”
The equine slaughter bill has been tabled by its sponsor, who felt there was not currently enough support for the measure. It has been reassigned to the House Rules Committee for later consideration. A bill allowing limited use of rural roads for farmers operating ATV/UTV’s (HB 4904) has passed both House and Senate and awaits Quinn’s approval, according to Beasley.
Other ag-related bills of interest to the IBA are either “stagnant” or awaiting the governor’s signature, Beasley said. Those include bills concerning concealed carry of firearms (HB 5221), establishing a GIS system for crop spraying issues (HB 5221), establishing a task force on soil & water conservation districts (SJR 107), recreational land use - limited liability (HB 5895), biodiesel regulation (SB 2573) and the raising of the ethanol blend wall (HB 4652), among others. |