Illinois General Assembly

Previous General Assemblies

Public Act 098-1045


 

Public Act 1045 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-1045
 
HB5911 EnrolledLRB098 17892 MGM 53016 b

    AN ACT concerning wildlife.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
 
    (5 ILCS 140/7.5)
    Sec. 7.5. Statutory Exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
    (a) All information determined to be confidential under
Section 4002 of the Technology Advancement and Development Act.
    (b) Library circulation and order records identifying
library users with specific materials under the Library Records
Confidentiality Act.
    (c) Applications, related documents, and medical records
received by the Experimental Organ Transplantation Procedures
Board and any and all documents or other records prepared by
the Experimental Organ Transplantation Procedures Board or its
staff relating to applications it has received.
    (d) Information and records held by the Department of
Public Health and its authorized representatives relating to
known or suspected cases of sexually transmissible disease or
any information the disclosure of which is restricted under the
Illinois Sexually Transmissible Disease Control Act.
    (e) Information the disclosure of which is exempted under
Section 30 of the Radon Industry Licensing Act.
    (f) Firm performance evaluations under Section 55 of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.
    (g) Information the disclosure of which is restricted and
exempted under Section 50 of the Illinois Prepaid Tuition Act.
    (h) Information the disclosure of which is exempted under
the State Officials and Employees Ethics Act, and records of
any lawfully created State or local inspector general's office
that would be exempt if created or obtained by an Executive
Inspector General's office under that Act.
    (i) Information contained in a local emergency energy plan
submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under Section
11-21.5-5 of the Illinois Municipal Code.
    (j) Information and data concerning the distribution of
surcharge moneys collected and remitted by wireless carriers
under the Wireless Emergency Telephone Safety Act.
    (k) Law enforcement officer identification information or
driver identification information compiled by a law
enforcement agency or the Department of Transportation under
Section 11-212 of the Illinois Vehicle Code.
    (l) Records and information provided to a residential
health care facility resident sexual assault and death review
team or the Executive Council under the Abuse Prevention Review
Team Act.
    (m) Information provided to the predatory lending database
created pursuant to Article 3 of the Residential Real Property
Disclosure Act, except to the extent authorized under that
Article.
    (n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial counsel as
provided under Sections 10 and 15 of the Capital Crimes
Litigation Act. This subsection (n) shall apply until the
conclusion of the trial of the case, even if the prosecution
chooses not to pursue the death penalty prior to trial or
sentencing.
    (o) Information that is prohibited from being disclosed
under Section 4 of the Illinois Health and Hazardous Substances
Registry Act.
    (p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act or the St. Clair County
Transit District under the Bi-State Transit Safety Act.
    (q) Information prohibited from being disclosed by the
Personnel Records Review Act.
    (r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
    (s) Information the disclosure of which is restricted under
Section 5-108 of the Public Utilities Act.
    (t) All identified or deidentified health information in
the form of health data or medical records contained in, stored
in, submitted to, transferred by, or released from the Illinois
Health Information Exchange, and identified or deidentified
health information in the form of health data and medical
records of the Illinois Health Information Exchange in the
possession of the Illinois Health Information Exchange
Authority due to its administration of the Illinois Health
Information Exchange. The terms "identified" and
"deidentified" shall be given the same meaning as in the Health
Insurance Accountability and Portability Act of 1996, Public
Law 104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
    (u) Records and information provided to an independent team
of experts under Brian's Law.
    (v) Names and information of people who have applied for or
received Firearm Owner's Identification Cards under the
Firearm Owners Identification Card Act or applied for or
received a concealed carry license under the Firearm Concealed
Carry Act, unless otherwise authorized by the Firearm Concealed
Carry Act; and databases under the Firearm Concealed Carry Act,
records of the Concealed Carry Licensing Review Board under the
Firearm Concealed Carry Act, and law enforcement agency
objections under the Firearm Concealed Carry Act.
    (w) Personally identifiable information which is exempted
from disclosure under subsection (g) of Section 19.1 of the
Toll Highway Act.
    (x) Information which is exempted from disclosure under
Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
Illinois Municipal Code.
    (y) Confidential information under the Adult Protective
Services Act and its predecessor enabling statute, the Elder
Abuse and Neglect Act, including information about the identity
and administrative finding against any caregiver of a verified
and substantiated decision of significant abuse, neglect, or
financial exploitation of an eligible adult maintained in the
Department of Public Health's Health Care Worker Registry.
    (z) Records and information provided to an at-risk adult
fatality review team or the Illinois At-Risk Adult Fatality
Review Team Advisory Council under Section 15 of the Adult
Protective Services Act.
    (aa) Information which is exempted from disclosure under
Section 2.37 of the Wildlife Code.
(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,
eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.)
 
    Section 10. The Wildlife Code is amended by changing
Section 2.37 as follows:
 
    (520 ILCS 5/2.37)  (from Ch. 61, par. 2.37)
    Sec. 2.37. Authority to kill wildlife responsible for
damage. Subject to federal regulations and Section 3 of the
Illinois Endangered Species Act, the Department may authorize
owners and tenants of lands or their agents to remove or
destroy any wild bird or wild mammal when the wild bird or wild
mammal is known to be destroying property or causing a risk to
human health or safety upon his or her land.
    Upon receipt by the Department of information from the
owner, tenant, or sharecropper that any one or more species of
wildlife is damaging dams, levees, ditches, cattle pastures, or
other property on the land on which he resides or controls,
together with a statement regarding location of the property
damages, the nature and extent of the damage, and the
particular species of wildlife committing the damage, the
Department shall make an investigation.
    If, after investigation, the Department finds that damage
does exist and can be abated only by removing or destroying
that wildlife, a permit shall be issued by the Department to
remove or destroy the species responsible for causing the
damage.
    A permit to control the damage shall be for a period of up
to 90 days, shall specify the means and methods by which and
the person or persons by whom the wildlife may be removed or
destroyed, and shall set forth the disposition procedure to be
made of all wildlife taken and other restrictions the Director
considers necessary and appropriate in the circumstances of the
particular case. Whenever possible, the specimens destroyed
shall be given to a bona-fide public or State scientific,
educational, or zoological institution.
    The permittee shall advise the Department in writing,
within 10 days after the expiration date of the permit, of the
number of individual species of wildlife taken, disposition
made of them, and any other information which the Department
may consider necessary.
    Subject to federal regulations and Section 3 of the
Illinois Endangered Species Act, the Department may grant to an
individual, corporation, association or a governmental body
the authority to control species protected by this Code. The
Department shall set forth applicable regulations in an
Administrative Order and may require periodic reports listing
species taken, numbers of each species taken, dates when taken,
and other pertinent information.
    Drainage Districts shall have the authority to control
beaver provided that they must notify the Department in writing
that a problem exists and of their intention to trap the
animals at least 7 days before the trapping begins. The
District must identify traps used in beaver control outside the
dates of the furbearer trapping season with metal tags with the
district's name legibly inscribed upon them. During the
furtrapping season, traps must be identified as prescribed by
law. Conibear traps at least size 330 shall be used except
during the statewide furbearer trapping season. During that
time trappers may use any device that is legal according to the
Wildlife Code. Except during the statewide furbearer trapping
season, beaver traps must be set in water at least 10 inches
deep. Except during the statewide furbearer trapping season,
traps must be set within 10 feet of an inhabited bank burrow or
house and within 10 feet of a dam maintained by a beaver. No
beaver or other furbearer taken outside of the dates for the
furbearer trapping season may be sold. All animals must be
given to the nearest conservation officer or other Department
of Natural Resources representative within 48 hours after they
are caught. Furbearers taken during the fur trapping season may
be sold provided that they are taken by persons who have valid
trapping licenses in their possession and are lawfully taken.
The District must submit an annual report showing the species
and numbers of animals caught. The report must indicate all
species which were taken.
    The location of traps or snares authorized under this
Section, either by the Department or any other governmental
body with the authority to control species protected by this
Code, shall be exempt from the provisions of the Freedom of
Information Act.
(Source: P.A. 97-813, eff. 7-13-12; 97-959, eff. 8-15-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2014