Public Act 103-0611
 
HB5522 EnrolledLRB103 39362 JAG 69525 b

    AN ACT concerning wildlife.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. 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. 
    (a) Subject to federal regulations and Section 3 of the 
Illinois Endangered Species Protection Act, the Department may 
authorize owners and tenants of lands or their agents, who are 
performing the service without fee or compensation, 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, without fee or compensation, 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 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.
    (b) Subject to federal regulations and Section 3 of the 
Illinois Endangered Species Protection Act, the Department may 
grant the authority to control species protected by this Code 
pursuant to the issuance of a Nuisance Wildlife Control Permit 
to:
        (1) any person who is providing such service or 
    solicits customers for themselves or on behalf of a 
    nuisance wildlife control permit holder for a fee or 
    compensation; 
        (2) a governmental body; or
        (3) a nonprofit or other charitable organization.
    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.
    Any person operating under a Nuisance Wildlife Control 
Permit who subcontracts the operation of nuisance wildlife 
control to another shall ensure that such subcontractor 
possesses a valid Nuisance Wildlife Control Permit issued by 
the Department. The person must maintain a record of the 
subcontractor including the subcontractor's name, address, and 
phone number, and type of work to be performed, for a period of 
not less than 2 years from the date the subcontractor is no 
longer performing services on behalf of the person. The 
records shall be presented to an authorized employee of the 
Department or law enforcement officer upon request for 
inspection. 
    Any person operating without the required permit as 
outlined under this subsection (b) or in violation of this 
subsection (b) is deemed to be taking, attempting to take, 
disturbing, or harassing wildlife contrary to the provisions 
of this Code, including the taking or attempting to take such 
species for commercial purposes as outlined in Sections 2.36 
and 2.36a of this Code. Any devices and equipment, including 
vehicles, used in violation of this subsection (b) may be 
subject to the provisions of Section 1.25 of this Code. 
    Any person properly permitted and operating under the 
provisions of this subsection is exempt from the provisions of 
this Act except as limited by administrative rule adopted by 
the Department. 
    (c) Except when operating under subsection (b) of this 
Section, drainage districts district fur trapping unless 
otherwise instructed by the Department district This authority 
only extends to control of beavers. Any other protected 
species must be controlled pursuant to subsection (b) or (c). 
    (c) 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. 
    (d) A drainage district or road district or the designee 
of a drainage district or road district shall be exempt from 
the requirement to obtain a permit to control nuisance 
muskrats or beavers if all applicable provisions for licenses 
are complied with and any trap types and sizes used are in 
compliance with this Code Act, including marking or 
identification. The designee of a drainage district or road 
district must have a signed and dated written authorization 
from the drainage district or road district in possession at 
all times when conducting activities under this Section. This 
exemption from obtaining a permit shall be valid only upon 
property owned, leased, or controlled by the drainage district 
or road district. For the purposes of this Section, "road 
district" includes a township road district. 
(Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23; 
103-225, eff. 6-30-23; revised 8-28-23.)