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.