98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5911

Introduced , by Rep. Robert W. Pritchard

SYNOPSIS AS INTRODUCED:

`5 ILCS 140/7.5`
`520 ILCS 5/2.37`	`from Ch. 61, par. 2.37`

Amends the Wildlife Code. Provides that if an individual is authorized

by the Department of Natural Resources to trap a wild bird or
wild mammal

that is known to be destroying property or causing a risk to human health

or
safety upon his or her land, then the location of the traps or snares

shall be exempt from the provisions of the Freedom of Information Act. Makes a corresponding change in the Freedom of Information Act. Effective immediately.

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A BILL FOR

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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.