Illinois General Assembly - Full Text of HB5911
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Full Text of HB5911  98th General Assembly




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1    AN ACT concerning wildlife.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory Exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10    (a) All information determined to be confidential under
11Section 4002 of the Technology Advancement and Development Act.
12    (b) Library circulation and order records identifying
13library users with specific materials under the Library Records
14Confidentiality Act.
15    (c) Applications, related documents, and medical records
16received by the Experimental Organ Transplantation Procedures
17Board and any and all documents or other records prepared by
18the Experimental Organ Transplantation Procedures Board or its
19staff relating to applications it has received.
20    (d) Information and records held by the Department of
21Public Health and its authorized representatives relating to
22known or suspected cases of sexually transmissible disease or
23any information the disclosure of which is restricted under the



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1Illinois Sexually Transmissible Disease Control Act.
2    (e) Information the disclosure of which is exempted under
3Section 30 of the Radon Industry Licensing Act.
4    (f) Firm performance evaluations under Section 55 of the
5Architectural, Engineering, and Land Surveying Qualifications
6Based Selection Act.
7    (g) Information the disclosure of which is restricted and
8exempted under Section 50 of the Illinois Prepaid Tuition Act.
9    (h) Information the disclosure of which is exempted under
10the State Officials and Employees Ethics Act, and records of
11any lawfully created State or local inspector general's office
12that would be exempt if created or obtained by an Executive
13Inspector General's office under that Act.
14    (i) Information contained in a local emergency energy plan
15submitted to a municipality in accordance with a local
16emergency energy plan ordinance that is adopted under Section
1711-21.5-5 of the Illinois Municipal Code.
18    (j) Information and data concerning the distribution of
19surcharge moneys collected and remitted by wireless carriers
20under the Wireless Emergency Telephone Safety Act.
21    (k) Law enforcement officer identification information or
22driver identification information compiled by a law
23enforcement agency or the Department of Transportation under
24Section 11-212 of the Illinois Vehicle Code.
25    (l) Records and information provided to a residential
26health care facility resident sexual assault and death review



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1team or the Executive Council under the Abuse Prevention Review
2Team Act.
3    (m) Information provided to the predatory lending database
4created pursuant to Article 3 of the Residential Real Property
5Disclosure Act, except to the extent authorized under that
7    (n) Defense budgets and petitions for certification of
8compensation and expenses for court appointed trial counsel as
9provided under Sections 10 and 15 of the Capital Crimes
10Litigation Act. This subsection (n) shall apply until the
11conclusion of the trial of the case, even if the prosecution
12chooses not to pursue the death penalty prior to trial or
14    (o) Information that is prohibited from being disclosed
15under Section 4 of the Illinois Health and Hazardous Substances
16Registry Act.
17    (p) Security portions of system safety program plans,
18investigation reports, surveys, schedules, lists, data, or
19information compiled, collected, or prepared by or for the
20Regional Transportation Authority under Section 2.11 of the
21Regional Transportation Authority Act or the St. Clair County
22Transit District under the Bi-State Transit Safety Act.
23    (q) Information prohibited from being disclosed by the
24Personnel Records Review Act.
25    (r) Information prohibited from being disclosed by the
26Illinois School Student Records Act.



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1    (s) Information the disclosure of which is restricted under
2Section 5-108 of the Public Utilities Act.
3    (t) All identified or deidentified health information in
4the form of health data or medical records contained in, stored
5in, submitted to, transferred by, or released from the Illinois
6Health Information Exchange, and identified or deidentified
7health information in the form of health data and medical
8records of the Illinois Health Information Exchange in the
9possession of the Illinois Health Information Exchange
10Authority due to its administration of the Illinois Health
11Information Exchange. The terms "identified" and
12"deidentified" shall be given the same meaning as in the Health
13Insurance Accountability and Portability Act of 1996, Public
14Law 104-191, or any subsequent amendments thereto, and any
15regulations promulgated thereunder.
16    (u) Records and information provided to an independent team
17of experts under Brian's Law.
18    (v) Names and information of people who have applied for or
19received Firearm Owner's Identification Cards under the
20Firearm Owners Identification Card Act or applied for or
21received a concealed carry license under the Firearm Concealed
22Carry Act, unless otherwise authorized by the Firearm Concealed
23Carry Act; and databases under the Firearm Concealed Carry Act,
24records of the Concealed Carry Licensing Review Board under the
25Firearm Concealed Carry Act, and law enforcement agency
26objections under the Firearm Concealed Carry Act.



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1    (w) Personally identifiable information which is exempted
2from disclosure under subsection (g) of Section 19.1 of the
3Toll Highway Act.
4    (x) Information which is exempted from disclosure under
5Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
6Illinois Municipal Code.
7    (y) Confidential information under the Adult Protective
8Services Act and its predecessor enabling statute, the Elder
9Abuse and Neglect Act, including information about the identity
10and administrative finding against any caregiver of a verified
11and substantiated decision of significant abuse, neglect, or
12financial exploitation of an eligible adult maintained in the
13Department of Public Health's Health Care Worker Registry.
14    (z) Records and information provided to an at-risk adult
15fatality review team or the Illinois At-Risk Adult Fatality
16Review Team Advisory Council under Section 15 of the Adult
17Protective Services Act.
18    (aa) Information which is exempted from disclosure under
19Section 2.37 of the Wildlife Code.
20(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
21eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,
22eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.)
23    Section 10. The Wildlife Code is amended by changing
24Section 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
3damage. Subject to federal regulations and Section 3 of the
4Illinois Endangered Species Act, the Department may authorize
5owners and tenants of lands or their agents to remove or
6destroy any wild bird or wild mammal when the wild bird or wild
7mammal is known to be destroying property or causing a risk to
8human health or safety upon his or her land.
9    Upon receipt by the Department of information from the
10owner, tenant, or sharecropper that any one or more species of
11wildlife is damaging dams, levees, ditches, cattle pastures, or
12other property on the land on which he resides or controls,
13together with a statement regarding location of the property
14damages, the nature and extent of the damage, and the
15particular species of wildlife committing the damage, the
16Department shall make an investigation.
17    If, after investigation, the Department finds that damage
18does exist and can be abated only by removing or destroying
19that wildlife, a permit shall be issued by the Department to
20remove or destroy the species responsible for causing the
22    A permit to control the damage shall be for a period of up
23to 90 days, shall specify the means and methods by which and
24the person or persons by whom the wildlife may be removed or
25destroyed, and shall set forth the disposition procedure to be
26made of all wildlife taken and other restrictions the Director



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1considers necessary and appropriate in the circumstances of the
2particular case. Whenever possible, the specimens destroyed
3shall be given to a bona-fide public or State scientific,
4educational, or zoological institution.
5    The permittee shall advise the Department in writing,
6within 10 days after the expiration date of the permit, of the
7number of individual species of wildlife taken, disposition
8made of them, and any other information which the Department
9may consider necessary.
10    Subject to federal regulations and Section 3 of the
11Illinois Endangered Species Act, the Department may grant to an
12individual, corporation, association or a governmental body
13the authority to control species protected by this Code. The
14Department shall set forth applicable regulations in an
15Administrative Order and may require periodic reports listing
16species taken, numbers of each species taken, dates when taken,
17and other pertinent information.
18    Drainage Districts shall have the authority to control
19beaver provided that they must notify the Department in writing
20that a problem exists and of their intention to trap the
21animals at least 7 days before the trapping begins. The
22District must identify traps used in beaver control outside the
23dates of the furbearer trapping season with metal tags with the
24district's name legibly inscribed upon them. During the
25furtrapping season, traps must be identified as prescribed by
26law. Conibear traps at least size 330 shall be used except



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1during the statewide furbearer trapping season. During that
2time trappers may use any device that is legal according to the
3Wildlife Code. Except during the statewide furbearer trapping
4season, beaver traps must be set in water at least 10 inches
5deep. Except during the statewide furbearer trapping season,
6traps must be set within 10 feet of an inhabited bank burrow or
7house and within 10 feet of a dam maintained by a beaver. No
8beaver or other furbearer taken outside of the dates for the
9furbearer trapping season may be sold. All animals must be
10given to the nearest conservation officer or other Department
11of Natural Resources representative within 48 hours after they
12are caught. Furbearers taken during the fur trapping season may
13be sold provided that they are taken by persons who have valid
14trapping licenses in their possession and are lawfully taken.
15The District must submit an annual report showing the species
16and numbers of animals caught. The report must indicate all
17species which were taken.
18    The location of traps or snares authorized under this
19Section, either by the Department or any other governmental
20body with the authority to control species protected by this
21Code, shall be exempt from the provisions of the Freedom of
22Information 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
25becoming law.