Illinois 101st Regular Session Status: Passed House Bipartisan · 12 R · 2 D cosponsors

HB 2425 — WILDLIFE-ENDANGERED SPECIES

Last action — Added Chief Co-Sponsor Rep. Arthur Turner

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 101st Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Illinois Endangered Species Protection Act. Provides that a permit for incidental taking under the Act shall not be required if a federal conservation agreement, including, but not limited to, a candidate conservation agreement, habitat conservation plan, or safe harbor agreement that includes conservation practices conducted in the State in effect and approved by the United States Fish and Wildlife Service under the federal Endangered Species Act of 1973. Provides that incidental taking of species that are listed as endangered or threatened by the State only and not listed by the United States Fish and Wildlife Service shall follow the provisions under the Act. Provides that of the remaining appointed members, one member shall be a landowner representing the State's largest general farm organization. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 520 ILCS 10/5.5 520 ILCS 10/6 Replaces everything after the enacting clause. Amends the Illinois Endangered Species Protection Act. Provides that a permit for incidental taking under the Act shall not be required: (1) on land that is subject to and for activities that are implemented in compliance with a federal Candidate Conservation Agreement or Candidate Conservation Agreement with Assurances approved by the United States Fish and Wildlife Service under the federal Endangered Species Act of 1973; or (2) for covered conservation practices conducted in this State within a federal program authorized under a Conference Report under the federal Endangered Species Act of 1973 on land subject to that program. Provides that upon an automatic listing of a federally-listed species, the Endangered Species Protection Board shall immediately publish a notice for a public hearing and conduct a hearing within 14 days of the automatic listing. Provides that the listing, delisting, or change of listing status for any non-federally listed species shall be made only after a public hearing. Effective immediately.

Bill Text

What changed in the latest version

59 added · 224 removed

Plain-language change summary

The amendment to HB 2425 introduces a new section that allows certain conservation activities to proceed without needing a permit for incidental taking if they are part of federal conservation agreements recognized by the U.S. Fish and Wildlife Service. This change is important because it streamlines the process for landowners and conservationists, encouraging them to engage in practices that benefit endangered species while reducing bureaucratic hurdles. Additionally, it clarifies that state-listed species that are not recognized federally will still require adherence to the existing state regulations, ensuring ongoing protection at the state level.

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*LRB10105156SLF50168b* HB2425 101ST GENERAL ASSEMBLY State of Illinois and 2020 HB2425 by Rep.
HB2425 Engrossed LRB101 05156 SLF 50168 b AN ACT concerning wildlife.
Andrew S.
Chesney SYNOPSIS AS INTRODUCED:
ILCS 10/5.5 ILCS 10/5.6 new ILCS 10/6 from Ch.
8, par.
336 ILCS 10/7 from Ch.
8, par.
337 Amends the Illinois Endangered Species Protection Act.
Provides that a permit for incidental taking under the Act shall not be required if a federal conservation agreement, including, but not limited to, a candidate conservation agreement, habitat conservation plan, or safe harbor agreement that includes conservation practices conducted in the State in effect and approved by the United States Fish and Wildlife Service under the federal Endangered Species Act of 1973.
Provides that incidental taking of species that are listed as endangered or threatened by the State only and not listed by the United States Fish and Wildlife Service shall follow the provisions under the Act.
Provides that of the remaining appointed members, one member shall be a landowner representing the State's largest general farm organization.
Effective immediately.
LRB101 05156 SLF 50168 b A BILL FOR HB2425 LRB101 05156 SLF 50168 b AN ACT concerning wildlife.
The Illinois Endangered Species Protection Act is amended by changing Sections 5.5, 6, and 7 and by adding Section 5.6 as follows:
The Illinois Endangered Species Protection Act is amended by changing Section 7 and by adding Section 5.6 as follows:
(520 ILCS 10/5.5) Sec.
(520 ILCS 10/5.6 new) Sec.
5.5.
Incidental taking.
(a) The Department may authorize, under prescribed terms and conditions, any taking otherwise prohibited by Section 3 if that taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.
No taking under this Section shall be authorized by the Department unless the applicant submits to the Department a conservation plan.
(b) The conservation plan shall include but not be limited to the following:
(1) a description of the impact that the proposed taking is likely to have on one or more species on the Illinois list;
(2) the steps the applicant or other parties will take to minimize and mitigate that impact and the funding that will be available to implement those steps, including but not limited to bonds, insurance, or escrow;
HB2425 - 2 - LRB101 05156 SLF 50168 b (3) what alternative actions to the taking the applicant considered and the reasons why those alternatives will not be used;
(4) data and information to assure that the proposed taking will not reduce the likelihood of the survival or recovery of the endangered species or threatened species in the wild within the State of Illinois, the biotic community of which the species is a part, or the habitat essential to the species' existence in Illinois;
(5) an implementing agreement that specifically names, and describes the obligations and responsibilities of, all the parties that will be involved in the taking as authorized by the permit;
and (6) any other measures that the Department may require as being necessary or appropriate for purposes of the plan.
(c) After reviewing the application for incidental taking and the conservation plan, the Department may authorize the incidental taking if the Department finds, in a written decision explaining its conclusions, that the taking will meet all of the following requirements:
(1) the taking will not be the purpose of, but will be only incidental to, the carrying out of an otherwise lawful activity;
(2) the parties to the conservation plan will, to the maximum extent practicable, minimize and mitigate the impact caused by the taking;
HB2425 - 3 - LRB101 05156 SLF 50168 b (3) the parties to the conservation plan will ensure that adequate funding for the conservation plan will be provided;
(4) based on the best available scientific data, the Department has determined that the taking will not reduce the likelihood of the survival or recovery of the endangered species or threatened species in the wild within the State of Illinois, the biotic community of which the species is a part, or the habitat essential to the species' existence in Illinois;
(5) any measures required under paragraph (6) of subsection (b) of this Section will be performed;
and (6) the public has received notice of the application and has had the opportunity to comment before the Department made any decision regarding the application.
(d) The Department may require that a party to the conservation plan make additional assurances that the requirements under items (b)(1) through (b)(6) of this Section will be met before authorizing incidental taking.
(e) The Department shall impose on the authorization for incidental taking any terms or conditions that the Department finds necessary to ensure that the requirements under items (b)(1) through (b)(6) of this Section will be met.
These terms or conditions may include but are not limited to reporting or monitoring requirements.
(f) (Blank).
If an applicant is party to a Habitat HB2425 - 4 - LRB101 05156 SLF 50168 b Conservation Plan approved by the U.S.
Fish and Wildlife Service pursuant to Section 10 of the Endangered Species Act of 1973, P.L.
93-205, and amendments thereto, the Department may authorize taking that is incidental to the carrying out of an otherwise lawful activity.
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Authorization shall be issued only if the provisions of the Habitat Conservation Plan are found to meet the requirements set forth in subsection (c) of this Section.
(g) If an applicant has been authorized to take an endangered or threatened species under the terms of a biological opinion issued by the U.S.
Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act of 1973, P.L.
93-205, and amendments thereto or regulations implementing Section 7 (50 CFR Part 402), the Department may authorize taking that is incidental to the carrying out of an otherwise lawful activity.
Authorization shall be issued only if the Department finds that the taking will not reduce the likelihood of the survival or recovery of the endangered species or threatened species in the wild within the State of Illinois, the biotic community of which the species is a part, or the habitat essential to the species' existence in Illinois.
(Source:
P.A.
91-556, eff.
1-1-00.) (520 ILCS 10/5.6 new) Sec.
Federal conservation agreements.
Federal pre-Listing agreements and conference reports.
A permit for incidental taking under Section 5.5 of this Act shall not be HB2425 - 5 - LRB101 05156 SLF 50168 b required if a federal conservation agreement, including, but not limited to, a candidate conservation agreement, habitat conservation plan, or safe harbor agreement that includes conservation practices conducted in this State in effect and approved by the United States Fish and Wildlife Service under Section 10 of the federal Endangered Species Act of 1973.
A permit for incidental taking under Section 5.5 shall not be required:
Incidental taking of species that are listed as endangered or threatened by this State only and not listed by the United States Fish and Wildlife Service shall follow the provisions set forth under Section 5.5 of this Act.
(1) on land that is subject to and for activities that are implemented in compliance with a federal Candidate Conservation Agreement or Candidate Conservation Agreement with Assurances approved by the United States Fish and Wildlife Service under Section 10 of the federal Endangered Species Act of 1973;
(520 ILCS 10/6) (from Ch.
or (2) for covered conservation practices conducted in this State within a federal program under a Conference Report authorized under Section 7 of the federal Endangered Species Act of 1973 on land subject to that program.
(520 ILCS 10/7) (from Ch.
336) Sec.
6.
There is created the Endangered Species Protection Board whose duties include listing, delisting, or change of listing status of species for the Illinois List, in consultation with and written approval by the Department, in accordance with the Illinois Administrative Procedure Act, on rules for listing species of animals or plants as endangered or threatened and delisting species of animals or plants as endangered or threatened, or changing their status.
The Board shall also advise the Department on methods of assistance, protection, conservation and management of endangered and threatened species and their habitats, and on related matters.
The Board shall be composed of 9 persons appointed by the Governor, and the Director as a non-voting member.
Of the 9 HB2425 - 6 - LRB101 05156 SLF 50168 b appointed members at least 6 shall be persons who are recognized as naturalists by training, avocation or vocation.
At least two of these shall be zoologists, at least one a botanist, and at least two ecologists.
In making Board appointments of naturalists, the Governor shall give consideration to recommendations of conservation groups.
Of the remaining appointed members, one member shall be a landowner representing the State's largest general farm organization.
Initially, 3 members shall be appointed for terms of 3 years, 3 for 2 years and 3 for 1 year.
Thereafter, the terms of all appointive members shall be 3 years.
Members shall serve until their successors are appointed.
Any vacancy occurring in the position of an appointive member shall be filled by the Governor for the unexpired term.
Board meetings shall be called at regular intervals set by the Board, on the request of the Department, or upon written notice signed by at least 5 members of the Board, but in no event less than once quarterly.
The place of the meeting shall be determined at the convenience of the Board and the Department.
A quorum shall consist of 5 appointed members.
Members of the Board shall serve without compensation but shall be reimbursed for actual expenses incurred in the performance of their duties.
The Board may without regard to the Personnel Code, employ and fix the compensation of necessary staff.
HB2425 - 7 - LRB101 05156 SLF 50168 b The Board shall select from its membership a chairman and such other officers as it considers necessary, and may name an Executive Committee to which it may grant specific powers.
The Board shall review and revise the Illinois List as warranted but in no case less frequently than every 5 years.
It shall prepare and make available a report of its accomplishments biennially.
(Source:
P.A.
84-1065.) (520 ILCS 10/7) (from Ch.
8, par.
Any species or subspecies of animal or plant designated as endangered or threatened by the Secretary of the Interior of the United States pursuant to the Endangered Species Act of 1973, P.L.
Any species or subspecies of animal or plant HB2425 Engrossed - 2 - LRB101 05156 SLF 50168 b designated as endangered or threatened by the Secretary of the Interior of the United States pursuant to the Endangered Species Act of 1973, P.L.
Upon an automatic listing of a federally-listed species, the Board shall immediately publish a notice for an informational hearing in accordance with this Section and conduct said hearing within 14 day of the automatic listing.
Listing, delisting or change of listing status HB2425 - 8 - LRB101 05156 SLF 50168 b shall be made only after a public hearing.
Listing, delisting, or change of listing status for any non-federally listed species shall be made only after a public hearing.
All persons heard or represented at a hearing and all persons who requested from the responsible agency notice of such hearing, shall be given a written summary of any action taken by the Board or Department relative to the hearing subject.
All persons heard or represented at a hearing and all HB2425 Engrossed - 3 - LRB101 05156 SLF 50168 b persons who requested from the responsible agency notice of such hearing, shall be given a written summary of any action taken by the Board or Department relative to the hearing subject.
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Action History

  1. Added Chief Co-Sponsor Rep. Arthur Turner

  2. Added Co-Sponsor Rep. Terri Bryant

  3. Remove Chief Co-Sponsor Rep. Terri Bryant

  4. Motion Filed to Reconsider Vote Rep. Fred Crespo

  5. Third Reading - Short Debate - Passed 060-047-003

  6. Placed on Calendar Order of 3rd Reading - Short Debate

  7. House Floor Amendment No. 1 Adopted

  8. Second Reading - Short Debate

  9. Added Co-Sponsor Rep. Thomas Morrison

  10. Added Co-Sponsor Rep. Dan Ugaste

  11. Chief Co-Sponsor Changed to Rep. Lawrence Walsh, Jr.

  12. Added Chief Co-Sponsor Rep. Lawrence Walsh, Jr.

  13. Added Co-Sponsor Rep. Steven Reick

  14. Added Co-Sponsor Rep. William Davis

  15. House Floor Amendment No. 1 Recommends Be Adopted Agriculture & Conservation Committee; 010-002-000

  16. House Floor Amendment No. 1 Rules Refers to Agriculture & Conservation Committee

  17. House Floor Amendment No. 1 Referred to Rules Committee

  18. House Floor Amendment No. 1 Filed with Clerk by Rep. Andrew S. Chesney

  19. Placed on Calendar 2nd Reading - Short Debate

  20. Do Pass / Short Debate Agriculture & Conservation Committee; 013-000-000

  21. Added Co-Sponsor Rep. John M. Cabello

  22. Added Co-Sponsor Rep. Margo McDermed

  23. Added Co-Sponsor Rep. Avery Bourne

  24. Added Co-Sponsor Rep. Mike Murphy

  25. Added Co-Sponsor Rep. Tom Demmer

  26. Added Co-Sponsor Rep. Patrick Windhorst

  27. Added Chief Co-Sponsor Rep. Luis Arroyo

  28. Added Co-Sponsor Rep. Randy E. Frese

  29. Added Chief Co-Sponsor Rep. Terri Bryant

  30. Assigned to Agriculture & Conservation Committee

  31. Added Co-Sponsor Rep. C.D. Davidsmeyer

  32. Added Co-Sponsor Rep. Michael T. Marron

  33. Added Co-Sponsor Rep. Tony McCombie

  34. Added Co-Sponsor Rep. Daniel Swanson

  35. Chief Co-Sponsor Changed to Rep. Charles Meier

  36. Added Chief Co-Sponsor Rep. Charles Meier

  37. Added Co-Sponsor Rep. Blaine Wilhour

  38. Added Co-Sponsor Rep. Chris Miller

  39. Added Co-Sponsor Rep. Dan Caulkins

  40. Added Co-Sponsor Rep. Joe Sosnowski

  41. Added Co-Sponsor Rep. Darren Bailey

  42. Referred to Rules Committee

  43. First Reading

  44. Filed with the Clerk by Rep. Andrew S. Chesney

Sponsors

Sponsorship breakdown

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0 sponsors · 26 co-sponsors · 157 not signed on · 33 voted No

Sponsors (0)

None.

Co-sponsors (26)

Not signed on (157)

157 members have not signed on to this bill.

Show all 157 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 60 Yea · 47 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 301505
Republican 20000
Democrat 103206
Total 6047011
% of votes cast 51%40%0%9%
How each member voted (118)
Member Party Vote
Sommer — Yea
Durkin — Yea
Arroyo — Yea
Mazzochi — Yea
Bailey — Yea
McAuliffe — Yea
Batinick — Yea
McDermed — Yea
Frese — Yea
Bourne — Yea
Thapedi — Yea
McSweeney — Yea
Brady — Yea
Turner — Yea
Bristow — Yea
Unes — Yea
Butler — Yea
Caulkins — Yea
Welter — Yea
Connor — Yea
Parkhurst — Yea
Wheeler — Yea
Jones — Yea
D'Amico — Yea
Yednock — Yea
Skillicorn — Yea
Davis — Yea
Madigan — Yea
Demmer — Yea
Marron — Yea
Flowers — Nay
Greenwood — Nay
Burke — Nay
Carroll — Nay
Pappas — Nay
Conroy — Nay
Ramirez — Nay
Conyears-Ervin — Nay
Hurley — Nay
Williams — Nay
Willis — Nay
Robinson — Nay
Yingling — Nay
Zalewski — Nay
Kalish — Not Voting
Bennett — Not Voting
Costello — Not Voting
Wehrli — Not Voting
Harris — Not Voting
Costa Howard — Nay
Aarón M. Ortíz Democrat Not Voting
Anna Moeller Democrat Not Voting
Anne Stava Democrat Nay
Anthony DeLuca Democrat Not Voting
Barbara Hernandez Democrat Nay
Bob Morgan Democrat Nay
Camille Y. Lilly Democrat Nay
Carol Ammons Democrat Not Voting
Celina Villanueva Democrat Nay
Curtis J. Tarver, II Democrat Not Voting
Daniel Didech Democrat Nay
Debbie Meyers-Martin Democrat Not Voting
Elizabeth "Lisa" Hernandez Democrat Nay
Emanuel "Chris" Welch Democrat Nay
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Nay
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Nay
Jennifer Gong-Gershowitz Democrat Nay
Joyce Mason Democrat Nay
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Nay
Kam Buckner Democrat Nay
Karina Villa Democrat Nay
Katie Stuart Democrat Nay
Kelly M. Cassidy Democrat Nay
La Shawn K. Ford Democrat Nay
Laura M. Murphy Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Nay
Mark L. Walker Democrat Nay
Martin J. Moylan Democrat Nay
Mary Edly-Allen Democrat Nay
Maurice A. West, II Democrat Nay
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Nay
Natalie A. Manley Democrat Nay
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Nay
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Nay
Robyn Gabel Democrat Nay
Sara Feigenholtz Democrat Nay
Sonya M. Harper Democrat Nay
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Nay
Will Guzzardi Democrat Nay
Amy L. Grant Republican Yea
Andrew S. Chesney Republican Yea
Blaine Wilhour Republican Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Chris Miller Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
Jeff Keicher Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Patrick Windhorst Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Subjects

environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 2425 do?
Amends the Illinois Endangered Species Protection Act. Provides that a permit for incidental taking under the Act shall not be required if a federal conservation agreement, including, but not limited to, a candidate conservation agreement, habitat conservation plan, or safe harbor agreement that includes conservation practices conducted in the State in effect and approved by the United States Fish and Wildlife Service under the federal Endangered Species Act of 1973. Provides that incidental taking of species that are listed as endangered or threatened by the State only and not listed by the United States Fish and Wildlife Service shall follow the provisions under the Act. Provides that of the remaining appointed members, one member shall be a landowner representing the State's largest general farm organization. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 520 ILCS 10/5.5 520 ILCS 10/6 Replaces everything after the enacting clause. Amends the Illinois Endangered Species Protection Act. Provides that a permit for incidental taking under the Act shall not be required: (1) on land that is subject to and for activities that are implemented in compliance with a federal Candidate Conservation Agreement or Candidate Conservation Agreement with Assurances approved by the United States Fish and Wildlife Service under the federal Endangered Species Act of 1973; or (2) for covered conservation practices conducted in this State within a federal program authorized under a Conference Report under the federal Endangered Species Act of 1973 on land subject to that program. Provides that upon an automatic listing of a federally-listed species, the Endangered Species Protection Board shall immediately publish a notice for a public hearing and conduct a hearing within 14 days of the automatic listing. Provides that the listing, delisting, or change of listing status for any non-federally listed species shall be made only after a public hearing. Effective immediately.
Who sponsors HB 2425?
HB 2425 is sponsored by Andrew S. Chesney (Republican), Arthur Turner, Luis Arroyo, Darren Bailey, Joe C. Sosnowski (Republican), Dan Caulkins, Chris Miller (Republican), Blaine Wilhour (Republican), Charles Meier (Republican), Dan Swanson (Republican), Tony M. McCombie (Republican), Michael T. Marron, Christopher "C.D." Davidsmeyer (Republican), Randy E. Frese, Patrick Windhorst (Republican), Tom Demmer, Mike Murphy, Avery Bourne, Margo McDermed, John M. Cabello (Republican), William "Will" Davis (Democrat), Steven Reick (Republican), Daniel J. Ugaste (Republican), Thomas Morrison, Terri Bryant, and Lawrence "Larry" Walsh, Jr. (Democrat).
What is the current status of HB 2425?
This bill died with 101st Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2425?
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