Bill Text: IL HB2569 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Wildlife Code. Provides that striped skunks and raccoons may be rehabilitated by a licensed wildlife rehabilitator for treatment and release. Requires the Department of Natural Resources to adopt rules to implement the amendatory Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-04 - Referred to Rules Committee [HB2569 Detail]
Download: Illinois-2025-HB2569-Introduced.html
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
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 Wildlife Code is amended by changing | |||||||||||||||||||
5 | Section 2.37 as follows:
| |||||||||||||||||||
6 | (520 ILCS 5/2.37) (from Ch. 61, par. 2.37) | |||||||||||||||||||
7 | (Text of Section before amendment by P.A. 103-611 ) | |||||||||||||||||||
8 | Sec. 2.37. Authority to kill wildlife responsible for | |||||||||||||||||||
9 | damage. | |||||||||||||||||||
10 | (a) Subject to federal regulations and Section 3 of the | |||||||||||||||||||
11 | Illinois Endangered Species Protection Act, the Department may | |||||||||||||||||||
12 | authorize owners and tenants of lands or their agents, who are | |||||||||||||||||||
13 | performing the service without fee or compensation, to remove | |||||||||||||||||||
14 | or destroy any wild bird or wild mammal when the wild bird or | |||||||||||||||||||
15 | wild mammal is known to be destroying property or causing a | |||||||||||||||||||
16 | risk to 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 |
| |||||||
| |||||||
1 | Department shall make an investigation. | ||||||
2 | If, after investigation, the Department finds that damage | ||||||
3 | does exist and can be abated only by removing or destroying | ||||||
4 | that wildlife, a permit shall be issued by the Department to | ||||||
5 | remove or destroy the species responsible for causing the | ||||||
6 | damage. | ||||||
7 | A permit to control the damage shall be for a period of up | ||||||
8 | to 90 days, shall specify the means and methods by which and | ||||||
9 | the person or persons by whom the wildlife may be removed or | ||||||
10 | destroyed, without fee or compensation, and shall set forth | ||||||
11 | the disposition procedure to be made of all wildlife taken and | ||||||
12 | other restrictions the Director considers necessary and | ||||||
13 | appropriate in the circumstances of the particular case. | ||||||
14 | Whenever possible, the specimens destroyed shall be given to a | ||||||
15 | bona fide public or State scientific, educational, or | ||||||
16 | zoological institution. | ||||||
17 | The permittee shall advise the Department in writing, | ||||||
18 | within 10 days after the expiration date of the permit, of the | ||||||
19 | number of individual species of wildlife taken, disposition | ||||||
20 | made of them, and any other information which the Department | ||||||
21 | may consider necessary. | ||||||
22 | (b) Subject to federal regulations and Section 3 of the | ||||||
23 | Illinois Endangered Species Protection Act, the Department may | ||||||
24 | grant the authority to control species protected by this Code | ||||||
25 | pursuant to the issuance of a Nuisance Wildlife Control Permit | ||||||
26 | to: |
| |||||||
| |||||||
1 | (1) any person who is providing such service for a fee | ||||||
2 | or compensation; | ||||||
3 | (2) a governmental body; or | ||||||
4 | (3) a nonprofit or other charitable organization. | ||||||
5 | The Department shall set forth applicable regulations in | ||||||
6 | an Administrative Order and may require periodic reports | ||||||
7 | listing species taken, numbers of each species taken, dates | ||||||
8 | when taken, and other pertinent information. | ||||||
9 | Any person operating under a Nuisance Wildlife Control | ||||||
10 | Permit who subcontracts the operation of nuisance wildlife | ||||||
11 | control to another shall ensure that such subcontractor | ||||||
12 | possesses a valid Nuisance Wildlife Control Permit issued by | ||||||
13 | the Department. The person must maintain a record of the | ||||||
14 | subcontractor including the subcontractor's name, address, and | ||||||
15 | phone number, and type of work to be performed, for a period of | ||||||
16 | not less than 2 years from the date the subcontractor is no | ||||||
17 | longer performing services on behalf of the person. The | ||||||
18 | records shall be presented to an authorized employee of the | ||||||
19 | Department or law enforcement officer upon request for | ||||||
20 | inspection. | ||||||
21 | Any person operating without the required permit as | ||||||
22 | outlined under this subsection (b) or in violation of this | ||||||
23 | subsection (b) is deemed to be taking, attempting to take, | ||||||
24 | disturbing, or harassing wildlife contrary to the provisions | ||||||
25 | of this Code, including the taking or attempting to take such | ||||||
26 | species for commercial purposes as outlined in Sections 2.36 |
| |||||||
| |||||||
1 | and 2.36a of this Code. Any devices and equipment, including | ||||||
2 | vehicles, used in violation of this subsection (b) may be | ||||||
3 | subject to the provisions of Section 1.25 of this Code. | ||||||
4 | (c) The location of traps or snares authorized under this | ||||||
5 | Section, either by the Department or any other governmental | ||||||
6 | body with the authority to control species protected by this | ||||||
7 | Code, shall be exempt from the provisions of the Freedom of | ||||||
8 | Information Act. | ||||||
9 | (d) A drainage district or road district or the designee | ||||||
10 | of a drainage district or road district shall be exempt from | ||||||
11 | the requirement to obtain a permit to control nuisance | ||||||
12 | muskrats or beavers if all applicable provisions for licenses | ||||||
13 | are complied with and any trap types and sizes used are in | ||||||
14 | compliance with this Code, including marking or | ||||||
15 | identification. The designee of a drainage district or road | ||||||
16 | district must have a signed and dated written authorization | ||||||
17 | from the drainage district or road district in possession at | ||||||
18 | all times when conducting activities under this Section. This | ||||||
19 | exemption from obtaining a permit shall be valid only upon | ||||||
20 | property owned, leased, or controlled by the drainage district | ||||||
21 | or road district. For the purposes of this Section, "road | ||||||
22 | district" includes a township road district. | ||||||
23 | (e) Notwithstanding any provision of law to the contrary, | ||||||
24 | striped skunks and raccoons may be rehabilitated by a licensed | ||||||
25 | wildlife rehabilitator for treatment and release after removal | ||||||
26 | under this Section and rules adopted under this Section. The |
| |||||||
| |||||||
1 | Department may set reasonable requirements for the release of | ||||||
2 | striped skunks and raccoons under this subsection in order to | ||||||
3 | protect the health, welfare, and safety of the people of the | ||||||
4 | State of Illinois. The Department shall adopt rules | ||||||
5 | implementing this subsection within one year of the effective | ||||||
6 | date of this amendatory Act of the 104th General Assembly. | ||||||
7 | (Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23; | ||||||
8 | 103-225, eff. 6-30-23; 103-605, eff. 7-1-24.)
| ||||||
9 | (Text of Section after amendment by P.A. 103-611 ) | ||||||
10 | Sec. 2.37. Authority to kill wildlife responsible for | ||||||
11 | damage. | ||||||
12 | (a) Subject to federal regulations and Section 3 of the | ||||||
13 | Illinois Endangered Species Protection Act, the Department may | ||||||
14 | authorize owners and tenants of lands or their agents, who are | ||||||
15 | performing the service without fee or compensation, to remove | ||||||
16 | or destroy any wild bird or wild mammal when the wild bird or | ||||||
17 | wild mammal is known to be destroying property or causing a | ||||||
18 | risk to human health or safety upon his or her land. | ||||||
19 | Upon receipt by the Department of information from the | ||||||
20 | owner, tenant, or sharecropper that any one or more species of | ||||||
21 | wildlife is damaging dams, levees, ditches, cattle pastures, | ||||||
22 | or other property on the land on which he resides or controls, | ||||||
23 | together with a statement regarding location of the property | ||||||
24 | damages, the nature and extent of the damage, and the | ||||||
25 | particular species of wildlife committing the damage, the |
| |||||||
| |||||||
1 | Department shall make an investigation. | ||||||
2 | If, after investigation, the Department finds that damage | ||||||
3 | does exist and can be abated only by removing or destroying | ||||||
4 | that wildlife, a permit shall be issued by the Department to | ||||||
5 | remove or destroy the species responsible for causing the | ||||||
6 | damage. | ||||||
7 | A permit to control the damage shall be for a period of up | ||||||
8 | to 90 days, shall specify the means and methods by which and | ||||||
9 | the person or persons by whom the wildlife may be removed or | ||||||
10 | destroyed, without fee or compensation, and shall set forth | ||||||
11 | the disposition procedure to be made of all wildlife taken and | ||||||
12 | other restrictions the Director considers necessary and | ||||||
13 | appropriate in the circumstances of the particular case. | ||||||
14 | Whenever possible, the specimens destroyed shall be given to a | ||||||
15 | bona fide public or State scientific, educational, or | ||||||
16 | zoological institution. | ||||||
17 | The permittee shall advise the Department in writing, | ||||||
18 | within 10 days after the expiration date of the permit, of the | ||||||
19 | number of individual species of wildlife taken, disposition | ||||||
20 | made of them, and any other information which the Department | ||||||
21 | may consider necessary. | ||||||
22 | (b) Subject to federal regulations and Section 3 of the | ||||||
23 | Illinois Endangered Species Protection Act, the Department may | ||||||
24 | grant the authority to control species protected by this Code | ||||||
25 | pursuant to the issuance of a Nuisance Wildlife Control Permit | ||||||
26 | to: |
| |||||||
| |||||||
1 | (1) any person who is providing such service or | ||||||
2 | solicits customers for themselves or on behalf of a | ||||||
3 | nuisance wildlife control permit holder for a fee or | ||||||
4 | compensation; | ||||||
5 | (2) a governmental body; or | ||||||
6 | (3) a nonprofit or other charitable organization. | ||||||
7 | The Department shall set forth applicable regulations in | ||||||
8 | an Administrative Order and may require periodic reports | ||||||
9 | listing species taken, numbers of each species taken, dates | ||||||
10 | when taken, and other pertinent information. | ||||||
11 | Any person operating under a Nuisance Wildlife Control | ||||||
12 | Permit who subcontracts the operation of nuisance wildlife | ||||||
13 | control to another shall ensure that such subcontractor | ||||||
14 | possesses a valid Nuisance Wildlife Control Permit issued by | ||||||
15 | the Department. The person must maintain a record of the | ||||||
16 | subcontractor including the subcontractor's name, address, and | ||||||
17 | phone number, and type of work to be performed, for a period of | ||||||
18 | not less than 2 years from the date the subcontractor is no | ||||||
19 | longer performing services on behalf of the person. The | ||||||
20 | records shall be presented to an authorized employee of the | ||||||
21 | Department or law enforcement officer upon request for | ||||||
22 | inspection. | ||||||
23 | Any person operating without the required permit as | ||||||
24 | outlined under this subsection (b) or in violation of this | ||||||
25 | subsection (b) is deemed to be taking, attempting to take, | ||||||
26 | disturbing, or harassing wildlife contrary to the provisions |
| |||||||
| |||||||
1 | of this Code, including the taking or attempting to take such | ||||||
2 | species for commercial purposes as outlined in Sections 2.36 | ||||||
3 | and 2.36a of this Code. Any devices and equipment, including | ||||||
4 | vehicles, used in violation of this subsection (b) may be | ||||||
5 | subject to the provisions of Section 1.25 of this Code. | ||||||
6 | Any person properly permitted and operating under the | ||||||
7 | provisions of this subsection is exempt from the provisions of | ||||||
8 | this Act except as limited by administrative rule adopted by | ||||||
9 | the Department. | ||||||
10 | (c) The location of traps or snares authorized under this | ||||||
11 | Section, either by the Department or any other governmental | ||||||
12 | body with the authority to control species protected by this | ||||||
13 | Code, shall be exempt from the provisions of the Freedom of | ||||||
14 | Information Act. | ||||||
15 | (d) A drainage district or road district or the designee | ||||||
16 | of a drainage district or road district shall be exempt from | ||||||
17 | the requirement to obtain a permit to control nuisance | ||||||
18 | muskrats or beavers if all applicable provisions for licenses | ||||||
19 | are complied with and any trap types and sizes used are in | ||||||
20 | compliance with this Code, including marking or | ||||||
21 | identification. The designee of a drainage district or road | ||||||
22 | district must have a signed and dated written authorization | ||||||
23 | from the drainage district or road district in possession at | ||||||
24 | all times when conducting activities under this Section. This | ||||||
25 | exemption from obtaining a permit shall be valid only upon | ||||||
26 | property owned, leased, or controlled by the drainage district |
| |||||||
| |||||||
1 | or road district. For the purposes of this Section, "road | ||||||
2 | district" includes a township road district. | ||||||
3 | (e) Notwithstanding any provision of law to the contrary, | ||||||
4 | striped skunks and raccoons may be rehabilitated by a licensed | ||||||
5 | wildlife rehabilitator for treatment and release after removal | ||||||
6 | under this Section and rules adopted under this Section. The | ||||||
7 | Department may set reasonable requirements for the release of | ||||||
8 | striped skunks and raccoons under this subsection in order to | ||||||
9 | protect the health, welfare, and safety of the people of the | ||||||
10 | State of Illinois. The Department shall adopt rules | ||||||
11 | implementing this subsection within one year of the effective | ||||||
12 | date of this amendatory Act of the 104th General Assembly. | ||||||
13 | (Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23; | ||||||
14 | 103-225, eff. 6-30-23; 103-605, eff. 7-1-24; 103-611, eff. | ||||||
15 | 1-1-25.)
|