Full Text of HB5911 98th General Assembly
HB5911enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning wildlife.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | Sec. 7.5. Statutory Exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be exempt | 9 | | from inspection and copying: | 10 | | (a) All information determined to be confidential under | 11 | | Section 4002 of the Technology Advancement and Development Act. | 12 | | (b) Library circulation and order records identifying | 13 | | library users with specific materials under the Library Records | 14 | | Confidentiality Act. | 15 | | (c) Applications, related documents, and medical records | 16 | | received by the Experimental Organ Transplantation Procedures | 17 | | Board and any and all documents or other records prepared by | 18 | | the Experimental Organ Transplantation Procedures Board or its | 19 | | staff relating to applications it has received. | 20 | | (d) Information and records held by the Department of | 21 | | Public Health and its authorized representatives relating to | 22 | | known or suspected cases of sexually transmissible disease or | 23 | | any information the disclosure of which is restricted under the |
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| 1 | | Illinois Sexually Transmissible Disease Control Act. | 2 | | (e) Information the disclosure of which is exempted under | 3 | | Section 30 of the Radon Industry Licensing Act. | 4 | | (f) Firm performance evaluations under Section 55 of the | 5 | | Architectural, Engineering, and Land Surveying Qualifications | 6 | | Based Selection Act. | 7 | | (g) Information the disclosure of which is restricted and | 8 | | exempted under Section 50 of the Illinois Prepaid Tuition Act. | 9 | | (h) Information the disclosure of which is exempted under | 10 | | the State Officials and Employees Ethics Act, and records of | 11 | | any lawfully created State or local inspector general's office | 12 | | that would be exempt if created or obtained by an Executive | 13 | | Inspector General's office under that Act. | 14 | | (i) Information contained in a local emergency energy plan | 15 | | submitted to a municipality in accordance with a local | 16 | | emergency energy plan ordinance that is adopted under Section | 17 | | 11-21.5-5 of the Illinois Municipal Code. | 18 | | (j) Information and data concerning the distribution of | 19 | | surcharge moneys collected and remitted by wireless carriers | 20 | | under the Wireless Emergency Telephone Safety Act. | 21 | | (k) Law enforcement officer identification information or | 22 | | driver identification information compiled by a law | 23 | | enforcement agency or the Department of Transportation under | 24 | | Section 11-212 of the Illinois Vehicle Code. | 25 | | (l) Records and information provided to a residential | 26 | | health care facility resident sexual assault and death review |
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| 1 | | team or the Executive Council under the Abuse Prevention Review | 2 | | Team Act. | 3 | | (m) Information provided to the predatory lending database | 4 | | created pursuant to Article 3 of the Residential Real Property | 5 | | Disclosure Act, except to the extent authorized under that | 6 | | Article. | 7 | | (n) Defense budgets and petitions for certification of | 8 | | compensation and expenses for court appointed trial counsel as | 9 | | provided under Sections 10 and 15 of the Capital Crimes | 10 | | Litigation Act. This subsection (n) shall apply until the | 11 | | conclusion of the trial of the case, even if the prosecution | 12 | | chooses not to pursue the death penalty prior to trial or | 13 | | sentencing. | 14 | | (o) Information that is prohibited from being disclosed | 15 | | under Section 4 of the Illinois Health and Hazardous Substances | 16 | | Registry Act. | 17 | | (p) Security portions of system safety program plans, | 18 | | investigation reports, surveys, schedules, lists, data, or | 19 | | information compiled, collected, or prepared by or for the | 20 | | Regional Transportation Authority under Section 2.11 of the | 21 | | Regional Transportation Authority Act or the St. Clair County | 22 | | Transit District under the Bi-State Transit Safety Act. | 23 | | (q) Information prohibited from being disclosed by the | 24 | | Personnel Records Review Act. | 25 | | (r) Information prohibited from being disclosed by the | 26 | | Illinois School Student Records Act. |
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| 1 | | (s) Information the disclosure of which is restricted under | 2 | | Section 5-108 of the Public Utilities Act.
| 3 | | (t) All identified or deidentified health information in | 4 | | the form of health data or medical records contained in, stored | 5 | | in, submitted to, transferred by, or released from the Illinois | 6 | | Health Information Exchange, and identified or deidentified | 7 | | health information in the form of health data and medical | 8 | | records of the Illinois Health Information Exchange in the | 9 | | possession of the Illinois Health Information Exchange | 10 | | Authority due to its administration of the Illinois Health | 11 | | Information Exchange. The terms "identified" and | 12 | | "deidentified" shall be given the same meaning as in the Health | 13 | | Insurance Accountability and Portability Act of 1996, Public | 14 | | Law 104-191, or any subsequent amendments thereto, and any | 15 | | regulations promulgated thereunder. | 16 | | (u) Records and information provided to an independent team | 17 | | of experts under Brian's Law. | 18 | | (v) Names and information of people who have applied for or | 19 | | received Firearm Owner's Identification Cards under the | 20 | | Firearm Owners Identification Card Act or applied for or | 21 | | received a concealed carry license under the Firearm Concealed | 22 | | Carry Act, unless otherwise authorized by the Firearm Concealed | 23 | | Carry Act; and databases under the Firearm Concealed Carry Act, | 24 | | records of the Concealed Carry Licensing Review Board under the | 25 | | Firearm Concealed Carry Act, and law enforcement agency | 26 | | objections under the Firearm Concealed Carry Act. |
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| 1 | | (w) Personally identifiable information which is exempted | 2 | | from disclosure under subsection (g) of Section 19.1 of the | 3 | | Toll Highway Act. | 4 | | (x) Information which is exempted from disclosure under | 5 | | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | 6 | | Illinois Municipal Code. | 7 | | (y) Confidential information under the Adult Protective | 8 | | Services Act and its predecessor enabling statute, the Elder | 9 | | Abuse and Neglect Act, including information about the identity | 10 | | and administrative finding against any caregiver of a verified | 11 | | and substantiated decision of significant abuse, neglect, or | 12 | | financial exploitation of an eligible adult maintained in the | 13 | | Department of Public Health's Health Care Worker Registry. | 14 | | (z) Records and information provided to an at-risk adult | 15 | | fatality review team or the Illinois At-Risk Adult Fatality | 16 | | Review Team Advisory Council under Section 15 of the Adult | 17 | | Protective Services Act. | 18 | | (aa) Information which is exempted from disclosure under | 19 | | Section 2.37 of the Wildlife Code. | 20 | | (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, | 21 | | eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, | 22 | | eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.) | 23 | | Section 10. The Wildlife Code is amended by changing | 24 | | Section 2.37 as follows:
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| 1 | | (520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
| 2 | | Sec. 2.37. Authority to kill wildlife responsible for | 3 | | damage. Subject to
federal regulations and Section 3 of the | 4 | | Illinois Endangered Species Act, the Department may authorize | 5 | | owners
and
tenants of lands or their agents to remove or | 6 | | destroy any wild bird
or wild mammal when the wild bird or
wild | 7 | | mammal
is known to be destroying property or causing a risk to | 8 | | human health or
safety upon his or her land.
| 9 | | Upon receipt by the Department of information from the | 10 | | owner, tenant,
or sharecropper that any one or more species of | 11 | | wildlife is damaging dams, levees, ditches, cattle pastures, or | 12 | | other
property on the land on which he resides or controls, | 13 | | together with a
statement regarding location of the property | 14 | | damages, the nature and
extent of the damage, and the | 15 | | particular species of wildlife committing
the damage, the | 16 | | Department shall make an investigation.
| 17 | | If, after investigation, the Department finds
that damage | 18 | | does exist and
can be abated only by removing or destroying
| 19 | | that wildlife, a permit shall be
issued by the Department to | 20 | | remove or destroy the species responsible for causing
the | 21 | | damage.
| 22 | | A permit to control
the damage shall be for a period of up | 23 | | to 90 days,
shall specify the means and methods by which and | 24 | | the person or persons
by whom the wildlife may be removed or | 25 | | destroyed, and shall set forth the
disposition procedure to be | 26 | | made of all wildlife taken and other
restrictions the Director
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| 1 | | considers necessary and appropriate in the
circumstances of the | 2 | | particular case. Whenever possible, the specimens
destroyed | 3 | | shall be given to a bona-fide public or State scientific,
| 4 | | educational, or zoological institution.
| 5 | | The permittee shall advise the
Department in writing, | 6 | | within 10 days after the expiration date of
the permit, of the | 7 | | number of individual species of wildlife
taken, disposition | 8 | | made of them, and any other information which
the Department | 9 | | may consider necessary.
| 10 | | Subject to federal regulations and Section 3 of the | 11 | | Illinois Endangered
Species Act, the Department may grant to an | 12 | | individual,
corporation,
association or a governmental body | 13 | | the authority
to control species protected by this Code. The | 14 | | Department
shall set forth applicable regulations
in an | 15 | | Administrative Order and may require periodic reports listing | 16 | | species
taken, numbers of each species taken, dates when taken, | 17 | | and other pertinent
information.
| 18 | | Drainage Districts shall have the authority to control | 19 | | beaver provided
that they must notify the Department in writing | 20 | | that a problem exists and
of their intention to trap the | 21 | | animals at least 7 days before the trapping
begins. The | 22 | | District must identify traps used in beaver control outside
the | 23 | | dates of the furbearer trapping season with metal tags with the | 24 | | district's
name legibly inscribed upon them. During the | 25 | | furtrapping season, traps
must be identified as prescribed by | 26 | | law. Conibear traps at least size 330
shall be used except |
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| 1 | | during the statewide furbearer trapping season. During
that | 2 | | time trappers may use any device that is legal according to the | 3 | | Wildlife
Code. Except during the statewide furbearer trapping | 4 | | season, beaver traps
must be set in water at least 10 inches | 5 | | deep. Except during the statewide
furbearer trapping season, | 6 | | traps must be set within 10 feet of an inhabited
bank burrow or | 7 | | house and within 10 feet of a dam maintained by a beaver.
No | 8 | | beaver or other furbearer taken outside of the dates for the | 9 | | furbearer
trapping season may be sold. All animals must be | 10 | | given to the nearest
conservation officer or other Department | 11 | | of Natural Resources representative
within 48 hours
after they | 12 | | are caught. Furbearers taken during the fur trapping season
may | 13 | | be sold provided that they are taken by persons who have valid | 14 | | trapping
licenses in their possession and are lawfully taken. | 15 | | The District must
submit an annual report showing the species | 16 | | and numbers of animals caught.
The report must indicate all | 17 | | species which were taken.
| 18 | | The location of traps or snares authorized under this | 19 | | Section, either by the Department or any other governmental | 20 | | body with the authority to control species protected by this | 21 | | Code, shall be exempt from the provisions of the Freedom of | 22 | | Information Act. | 23 | | (Source: P.A. 97-813, eff. 7-13-12; 97-959, eff. 8-15-12.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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