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Sen. Wm. Sam McCann
Filed: 4/15/2016
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| 1 | | AMENDMENT TO SENATE BILL 3130
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3130, AS AMENDED by |
| 3 | | replacing everything after the enacting clause with the |
| 4 | | following:
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| 5 | | "Section 5. The Illinois Seed Law is amended by adding |
| 6 | | Sections 2.1445 and 2.1446 and by changing Section 7 as |
| 7 | | follows:
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| 8 | | (505 ILCS 110/2.1445 new) |
| 9 | | Sec. 2.1445. Seed library. "Seed library" means a |
| 10 | | nonprofit, governmental, or cooperative organization, |
| 11 | | association, or activity for the purpose of facilitating the |
| 12 | | donation, exchange, preservation, and dissemination of seeds |
| 13 | | of open pollinated, public domain plant varieties by or among |
| 14 | | its members or members of the public when the use, exchange, |
| 15 | | transfer, or possession of seeds acquired by or from the seed |
| 16 | | library is free of charge or consideration.
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| 1 | | (505 ILCS 110/2.1446 new) |
| 2 | | Sec. 2.1446. Non-commercial seed sharing. "Non-commercial |
| 3 | | seed sharing" means seed sharing for which no monetary |
| 4 | | consideration or compensation is transferred in return for |
| 5 | | receiving seeds. A person participating in non-commercial seed |
| 6 | | sharing may not expect, or create the expectation, that seeds |
| 7 | | must be returned in exchange for receiving seeds, nor may such |
| 8 | | distribution of seed be given as compensation for work or |
| 9 | | services rendered.
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| 10 | | (505 ILCS 110/7) (from Ch. 5, par. 407)
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| 11 | | Sec. 7. Exemptions. |
| 12 | | (a) The provisions of Sections 4 through 4.5 and
Sections 5 |
| 13 | | and 5.1 do not
apply:
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| 14 | | (1) To seed or grain not intended for sowing purposes.
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| 15 | | (2) To seed in storage in, or being transported or |
| 16 | | consigned to a
cleaning or conditioning establishment for |
| 17 | | cleaning or
conditioning, provided,
that the invoice or |
| 18 | | labeling accompanying any shipment of said seed bears
the |
| 19 | | statement "seed for conditioning"; and provided that
any |
| 20 | | labeling or
other representation which may be made with |
| 21 | | respect to the uncleaned or
unconditioned seed shall be |
| 22 | | subject to this Act.
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| 23 | | (3) To any carrier in respect to any seed transported |
| 24 | | or delivered for
transportation in the ordinary course of |
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| 1 | | its business as a carrier;
provided, that such carrier is |
| 2 | | not engaged in producing, processing, or
marketing |
| 3 | | agricultural, vegetable or other seeds designated by the
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| 4 | | Department of Agriculture subject to the provisions of this |
| 5 | | Act.
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| 6 | | (b) The provisions of Sections 4, 4.4, 4.5, 6, and 10, and |
| 7 | | of paragraphs (1), (2), (3), (4), (5), (8), and (11) of Section |
| 8 | | 5, do not apply to unpatented, untreated seed that is free of |
| 9 | | noxious and exotic weed seeds and that is distributed within |
| 10 | | this State by means of interpersonal noncommercial seed sharing |
| 11 | | activities, including, but not limited to, seed libraries and |
| 12 | | seed swaps. A seed library may adopt labeling or record-keeping |
| 13 | | standards to identify the date, species or common name, and |
| 14 | | source of the seed received by the seed library, and shall make |
| 15 | | this information available to the Department upon request in |
| 16 | | the course of an investigation of an alleged violation of the |
| 17 | | provisions in this Act. |
| 18 | | (Source: P.A. 85-717.)
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| 19 | | Section 99. Effective date. This Act takes effect upon |
| 20 | | becoming law.".
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