Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1745 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0225
2	1		SB1745 EnrolledLRB103 26822 RLC 53186 b SB1745 Enrolled LRB103 26822 RLC 53186 b
3	2		SB1745 Enrolled LRB103 26822 RLC 53186 b
4		-	AN ACT concerning wildlife.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Wildlife Code is amended by changing
8		-	Section 2.37 as follows:
9		-	(520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
10		-	Sec. 2.37. Authority to kill wildlife responsible for
11		-	damage. Subject to federal regulations and Section 3 of the
12		-	Illinois Endangered Species Act, the Department may authorize
13		-	owners and tenants of lands or their agents to remove or
14		-	destroy any wild bird or wild mammal when the wild bird or wild
15		-	mammal is known to be destroying property or causing a risk to
16		-	human health or safety upon his or her land.
17		-	Upon receipt by the Department of information from the
18		-	owner, tenant, or sharecropper that any one or more species of
19		-	wildlife is damaging dams, levees, ditches, cattle pastures,
20		-	or other property on the land on which he resides or controls,
21		-	together with a statement regarding location of the property
22		-	damages, the nature and extent of the damage, and the
23		-	particular species of wildlife committing the damage, the
24		-	Department shall make an investigation.
25		-	If, after investigation, the Department finds that damage
26		-	does exist and can be abated only by removing or destroying
	3	+	1 AN ACT concerning wildlife.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Wildlife Code is amended by changing
	7	+	5 Section 2.37 as follows:
	8	+	6 (520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
	9	+	7 Sec. 2.37. Authority to kill wildlife responsible for
	10	+	8 damage. Subject to federal regulations and Section 3 of the
	11	+	9 Illinois Endangered Species Act, the Department may authorize
	12	+	10 owners and tenants of lands or their agents to remove or
	13	+	11 destroy any wild bird or wild mammal when the wild bird or wild
	14	+	12 mammal is known to be destroying property or causing a risk to
	15	+	13 human health or safety upon his or her land.
	16	+	14 Upon receipt by the Department of information from the
	17	+	15 owner, tenant, or sharecropper that any one or more species of
	18	+	16 wildlife is damaging dams, levees, ditches, cattle pastures,
	19	+	17 or other property on the land on which he resides or controls,
	20	+	18 together with a statement regarding location of the property
	21	+	19 damages, the nature and extent of the damage, and the
	22	+	20 particular species of wildlife committing the damage, the
	23	+	21 Department shall make an investigation.
	24	+	22 If, after investigation, the Department finds that damage
	25	+	23 does exist and can be abated only by removing or destroying
27	26
28	27
29	28
30	29		SB1745 Enrolled LRB103 26822 RLC 53186 b
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33		-	that wildlife, a permit shall be issued by the Department to
34		-	remove or destroy the species responsible for causing the
35		-	damage.
36		-	A permit to control the damage shall be for a period of up
37		-	to 90 days, shall specify the means and methods by which and
38		-	the person or persons by whom the wildlife may be removed or
39		-	destroyed, and shall set forth the disposition procedure to be
40		-	made of all wildlife taken and other restrictions the Director
41		-	considers necessary and appropriate in the circumstances of
42		-	the particular case. Whenever possible, the specimens
43		-	destroyed shall be given to a bona-fide public or State
44		-	scientific, educational, or zoological institution.
45		-	The permittee shall advise the Department in writing,
46		-	within 10 days after the expiration date of the permit, of the
47		-	number of individual species of wildlife taken, disposition
48		-	made of them, and any other information which the Department
49		-	may consider necessary.
50		-	Subject to federal regulations and Section 3 of the
51		-	Illinois Endangered Species Act, the Department may grant to
52		-	an individual, corporation, association or a governmental body
53		-	the authority to control species protected by this Code
54		-	pursuant to the issuance of a Nuisance Wildlife Control
55		-	Permit. The Department shall set forth applicable regulations
56		-	in an Administrative Order and may require periodic reports
57		-	listing species taken, numbers of each species taken, dates
58		-	when taken, and other pertinent information.
	32	+	SB1745 Enrolled- 2 -LRB103 26822 RLC 53186 b SB1745 Enrolled - 2 - LRB103 26822 RLC 53186 b
	33	+	SB1745 Enrolled - 2 - LRB103 26822 RLC 53186 b
	34	+	1 that wildlife, a permit shall be issued by the Department to
	35	+	2 remove or destroy the species responsible for causing the
	36	+	3 damage.
	37	+	4 A permit to control the damage shall be for a period of up
	38	+	5 to 90 days, shall specify the means and methods by which and
	39	+	6 the person or persons by whom the wildlife may be removed or
	40	+	7 destroyed, and shall set forth the disposition procedure to be
	41	+	8 made of all wildlife taken and other restrictions the Director
	42	+	9 considers necessary and appropriate in the circumstances of
	43	+	10 the particular case. Whenever possible, the specimens
	44	+	11 destroyed shall be given to a bona-fide public or State
	45	+	12 scientific, educational, or zoological institution.
	46	+	13 The permittee shall advise the Department in writing,
	47	+	14 within 10 days after the expiration date of the permit, of the
	48	+	15 number of individual species of wildlife taken, disposition
	49	+	16 made of them, and any other information which the Department
	50	+	17 may consider necessary.
	51	+	18 Subject to federal regulations and Section 3 of the
	52	+	19 Illinois Endangered Species Act, the Department may grant to
	53	+	20 an individual, corporation, association or a governmental body
	54	+	21 the authority to control species protected by this Code
	55	+	22 pursuant to the issuance of a Nuisance Wildlife Control
	56	+	23 Permit. The Department shall set forth applicable regulations
	57	+	24 in an Administrative Order and may require periodic reports
	58	+	25 listing species taken, numbers of each species taken, dates
	59	+	26 when taken, and other pertinent information.
59	60
60	61
61		-	Drainage Districts shall have the authority to control
62		-	beaver provided that they must notify the Department in
63		-	writing that a problem exists and of their intention to trap
64		-	the animals at least 7 days before the trapping begins. The
65		-	District must identify traps used in beaver control outside
66		-	the dates of the furbearer trapping season with metal tags
67		-	with the district's name legibly inscribed upon them. During
68		-	the furtrapping season, traps must be identified as prescribed
69		-	by law. Conibear traps at least size 330 shall be used except
70		-	during the statewide furbearer trapping season. During that
71		-	time trappers may use any device that is legal according to the
72		-	Wildlife Code. Except during the statewide furbearer trapping
73		-	season, beaver traps must be set in water at least 10 inches
74		-	deep. Except during the statewide furbearer trapping season,
75		-	traps must be set within 10 feet of an inhabited bank burrow or
76		-	house and within 10 feet of a dam maintained by a beaver. No
77		-	beaver or other furbearer taken outside of the dates for the
78		-	furbearer trapping season may be sold. All animals must be
79		-	given to the nearest conservation officer or other Department
80		-	of Natural Resources representative within 48 hours after they
81		-	are caught. Furbearers taken during the fur trapping season
82		-	may be sold provided that they are taken by persons who have
83		-	valid trapping licenses in their possession and are lawfully
84		-	taken. The District must submit an annual report showing the
85		-	species and numbers of animals caught. The report must
86		-	indicate all species which were taken.
87	62
88	63
89		-	The location of traps or snares authorized under this
90		-	Section, either by the Department or any other governmental
91		-	body with the authority to control species protected by this
92		-	Code, shall be exempt from the provisions of the Freedom of
93		-	Information Act.
94		-	A drainage district or road district or the designee of a
95		-	drainage district or road district shall be exempt from the
96		-	requirement to obtain a permit to control nuisance muskrats or
97		-	beavers if all applicable provisions for licenses are complied
98		-	with and any trap types and sizes used are in compliance with
99		-	this Act, including marking or identification. The designee of
100		-	a drainage district or road district must have a signed and
101		-	dated written authorization from the drainage district or road
102		-	district in possession at all times when conducting activities
103		-	under this Section. This exemption from obtaining a permit
104		-	shall be valid only upon property owned, leased, or controlled
105		-	by the drainage district or road district. For the purposes of
106		-	this Section, "road district" includes a township road
107		-	district.
108		-	(Source: P.A. 102-524, eff. 8-20-21.)
109		-	Section 99. Effective date. This Act takes effect upon
110		-	becoming law.
	64	+
	65	+	SB1745 Enrolled - 2 - LRB103 26822 RLC 53186 b
	66	+
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	68	+	SB1745 Enrolled- 3 -LRB103 26822 RLC 53186 b SB1745 Enrolled - 3 - LRB103 26822 RLC 53186 b
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	70	+	1 Drainage Districts shall have the authority to control
	71	+	2 beaver provided that they must notify the Department in
	72	+	3 writing that a problem exists and of their intention to trap
	73	+	4 the animals at least 7 days before the trapping begins. The
	74	+	5 District must identify traps used in beaver control outside
	75	+	6 the dates of the furbearer trapping season with metal tags
	76	+	7 with the district's name legibly inscribed upon them. During
	77	+	8 the furtrapping season, traps must be identified as prescribed
	78	+	9 by law. Conibear traps at least size 330 shall be used except
	79	+	10 during the statewide furbearer trapping season. During that
	80	+	11 time trappers may use any device that is legal according to the
	81	+	12 Wildlife Code. Except during the statewide furbearer trapping
	82	+	13 season, beaver traps must be set in water at least 10 inches
	83	+	14 deep. Except during the statewide furbearer trapping season,
	84	+	15 traps must be set within 10 feet of an inhabited bank burrow or
	85	+	16 house and within 10 feet of a dam maintained by a beaver. No
	86	+	17 beaver or other furbearer taken outside of the dates for the
	87	+	18 furbearer trapping season may be sold. All animals must be
	88	+	19 given to the nearest conservation officer or other Department
	89	+	20 of Natural Resources representative within 48 hours after they
	90	+	21 are caught. Furbearers taken during the fur trapping season
	91	+	22 may be sold provided that they are taken by persons who have
	92	+	23 valid trapping licenses in their possession and are lawfully
	93	+	24 taken. The District must submit an annual report showing the
	94	+	25 species and numbers of animals caught. The report must
	95	+	26 indicate all species which were taken.
	96	+
	97	+
	98	+
	99	+
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	101	+	SB1745 Enrolled - 3 - LRB103 26822 RLC 53186 b
	102	+
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	104	+	SB1745 Enrolled- 4 -LRB103 26822 RLC 53186 b SB1745 Enrolled - 4 - LRB103 26822 RLC 53186 b
	105	+	SB1745 Enrolled - 4 - LRB103 26822 RLC 53186 b
	106	+	1 The location of traps or snares authorized under this
	107	+	2 Section, either by the Department or any other governmental
	108	+	3 body with the authority to control species protected by this
	109	+	4 Code, shall be exempt from the provisions of the Freedom of
	110	+	5 Information Act.
	111	+	6 A drainage district or road district or the designee of a
	112	+	7 drainage district or road district shall be exempt from the
	113	+	8 requirement to obtain a permit to control nuisance muskrats or
	114	+	9 beavers if all applicable provisions for licenses are complied
	115	+	10 with and any trap types and sizes used are in compliance with
	116	+	11 this Act, including marking or identification. The designee of
	117	+	12 a drainage district or road district must have a signed and
	118	+	13 dated written authorization from the drainage district or road
	119	+	14 district in possession at all times when conducting activities
	120	+	15 under this Section. This exemption from obtaining a permit
	121	+	16 shall be valid only upon property owned, leased, or controlled
	122	+	17 by the drainage district or road district. For the purposes of
	123	+	18 this Section, "road district" includes a township road
	124	+	19 district.
	125	+	20 (Source: P.A. 102-524, eff. 8-20-21.)
	126	+	21 Section 99. Effective date. This Act takes effect upon
	127	+	22 becoming law.
	128	+
	129	+
	130	+
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	133	+	SB1745 Enrolled - 4 - LRB103 26822 RLC 53186 b