HB 2461

Abstract

Amends the Wildlife Code. Provides that any individual, corporation, or association operating under a nuisance wildlife control permit that subcontracts the operation of nuisance wildlife control to another is responsible to ensure that the subcontractor possesses a valid nuisance wildlife control permit issued by the Department of Natural Resources. Establishes penalties for violations of this provision. Provides that any person operating without the required permit is deemed to be taking, attempting to take, disturbing, or harassing wildlife contrary to the provisions of the Code, including the taking or attempting to take such species for commercial purposes. Provides that any devices and equipment, including vehicles, used in violation of these provisions may be subject to seizure and confiscation by an employee of the Department of Natural Resources. Makes other changes. Effective immediately. House Committee Amendment No. 2 Adds reference to: 520 ILCS 5/2.33a Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Makes changes to the penalty provisions for violations. Provides that it is unlawful for any person to act as a nuisance wildlife control operator for fee or compensation without a permit unless such trapping is in compliance with certain provisions of the Code. Provides that subject to federal regulations and the Illinois Endangered Species Act, the Department may grant the authority to control species protected by this Code pursuant to the issuance of a Nuisance Wildlife Control Permit to: (1) any person who is providing such service for a fee or compensation; (2) a governmental body; and (3) a nonprofit or other charitable organization. Provides that any person who operates without a permit is guilty of a Class A misdemeanor and subject to a fine of not less than $500. Provides that any other violation of those provisions, including administrative rules, is a Class B misdemeanor. Provides that any person found guilty of violating those provisions is subject to an additional civil penalty of up to $1,500. Provides that the civil penalties remitted to the Department of Natural Resources are allocated as follows: (1) 60% to the Conservation Police Operations Assistance Fund; and (2) 40% to the Illinois Habitat Fund. Makes other technical changes. Effective immediately.