Rep. Andrew S. Chesney
Filed: 4/8/2019
 
 

 

 

 
10100HB2425ham001LRB101 05156 SLF 59396 a



1
AMENDMENT TO HOUSE BILL 2425




2    AMENDMENT NO. ______. Amend House Bill 2425 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 5. The Illinois Endangered Species Protection Act 
5is amended  by changing Section 7 and  by adding Section 5.6 as 
6follows:
 
7    (520 ILCS 10/5.6 new)
8    Sec. 5.6. Federal pre-Listing agreements and conference 
9reports. A permit for incidental taking under Section 5.5 shall 
10not be required: 
11    (1) on land that is subject to and for activities that are 
12implemented in compliance with a federal Candidate 
13Conservation Agreement  or Candidate Conservation Agreement 
14with Assurances  approved by the United States Fish and Wildlife 
15Service under Section 10 of the federal Endangered Species Act 
16of 1973; or 
 
 
10100HB2425ham001- 2 -LRB101 05156 SLF 59396 a

1    (2) for covered conservation practices conducted in this 
2State within a federal program under a Conference Report 
3authorized under Section 7 of the federal Endangered Species 
4Act of 1973 on land subject to that program. 
 



5    (520 ILCS 10/7)  (from Ch. 8, par. 337)



6    Sec. 7. 
Any species or subspecies of animal or plant 
7designated as
endangered or threatened by the Secretary of the 
8Interior of the United
States pursuant to the Endangered 
9Species Act of 1973, P.L. 93-205, as
amended, shall be 
10automatically listed as an endangered or threatened
species 
11under this Act and thereby placed on the Illinois List by the 
12Board
without notice or public hearing. Upon an automatic 
13listing of a federally-listed species, the Board shall 
14immediately publish a notice for an informational hearing in 
15accordance with this Section and conduct said hearing within 14 
16day of the automatic listing. The Board may list, as endangered

17or threatened, species of
animals or plants which have 
18reproduced in or otherwise significantly used,
as in migration 
19or overwintering, the area which is now the State of
Illinois, 
20if there is scientific evidence that the species qualify as

21endangered or threatened as these terms are defined in this 
22Act.
The Board may delist any non-federally-listed species
for 
23which it finds satisfactory scientific evidence that
its wild 
24or natural
populations are no longer endangered or threatened. 
25Listing,
delisting, or change of listing status for any 
 
 
10100HB2425ham001- 3 -LRB101 05156 SLF 59396 a

1non-federally listed species shall be made only after a public 
2hearing.

3    Notice of such hearing shall be published at least 7 days 
4before the
hearing in a newspaper of general circulation 
5throughout the state and
shall be mailed to any person who has, 
6in writing
requested such notice
from the agency holding the 
7hearing. All
persons heard or represented at a hearing and all 
8persons who
requested from the responsible agency notice of 
9such hearing, shall be
given a written summary of any action

10taken by the Board or Department relative to the hearing 
11subject.

12    Upon listing or delisting or change of listing
status by 
13the Board, the Director shall file a certified copy of the 
14names
of the species so
listed, delisted or changed with the 
15Secretary of State
as provided in "The Illinois Administrative

16Procedure Act", approved September 22, 1975, as amended.

17(Source: P.A. 84-1065.)

 
 
18    Section 99. Effective date. This Act takes effect upon 
19becoming law.".