Rep. Tim Butler

Filed: 5/13/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 3130 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Seed Law is amended by adding
5Sections 2.121-5, 2.132-5 and 2.133-5 and by changing Section 7
6as follows:
7    (505 ILCS 110/2.121-5 new)
8    Sec. 2.121-5. Non-commercial seed sharing. "Non-commercial
9seed sharing" means seed sharing for which no monetary
10consideration or compensation is transferred in return for
11receiving seeds. "Non-commercial seed sharing" does not
12include seed sharing in which the person participating in the
13seed sharing expects or creates the expectation that seeds must
14be returned in exchange for receiving seeds or when the
15distribution of seed is given as compensation for work or
16services rendered.



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1    (505 ILCS 110/2.132-5 new)
2    Sec. 2.132-5. Seed library. "Seed library" means a
3nonprofit, governmental, or cooperative organization,
4association, or activity for the purpose of facilitating the
5donation, exchange, preservation, and dissemination of seeds
6of open pollinated, public domain plant varieties by or among
7its members or members of the public when the use, exchange,
8transfer, or possession of seeds acquired by or from the seed
9library is free of charge or consideration.
10    (505 ILCS 110/2.133-5 new)
11    Sec. 2.133-5. Seed swap event. "Seed swap event" means an
12organized and publicly promoted event at which non-commercial
13seed sharing takes place.
14    (505 ILCS 110/7)  (from Ch. 5, par. 407)
15    Sec. 7. Exemptions.
16    (a) The provisions of Sections 4 through 4.5 and Sections 5
17and 5.1 do not apply:
18        (1) To seed or grain not intended for sowing purposes.
19        (2) To seed in storage in, or being transported or
20    consigned to a cleaning or conditioning establishment for
21    cleaning or conditioning, provided, that the invoice or
22    labeling accompanying any shipment of said seed bears the
23    statement "seed for conditioning"; and provided that any



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1    labeling or other representation which may be made with
2    respect to the uncleaned or unconditioned seed shall be
3    subject to this Act.
4        (3) To any carrier in respect to any seed transported
5    or delivered for transportation in the ordinary course of
6    its business as a carrier; provided, that such carrier is
7    not engaged in producing, processing, or marketing
8    agricultural, vegetable or other seeds designated by the
9    Department of Agriculture subject to the provisions of this
10    Act.
11    (b) The provisions of Sections 4, 4.4, 4.5, 6, and 10, and
12of paragraphs (1), (2), (3), (4), (5), (8), and (11) of Section
135, do not apply to unpatented, untreated seed that is free of
14noxious and exotic weed seeds and that is distributed within
15this State by means of interpersonal non-commercial seed
16sharing activities, including, but not limited to, seed
17libraries and seed swap events. A seed library or seed swap
18event organizer shall adopt labeling or record-keeping
19standards to identify the year, species or common name, and
20source of any non-commercially packaged seed received by the
21seed library or offered at a seed swap event, and shall make
22this information available to the Department upon request in
23the course of an investigation of an alleged violation of the
24provisions in this Act. Information maintained by seed
25libraries shall be provided to the Department to the extent
26permissible under the Library Records Confidentiality Act.



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1(Source: P.A. 85-717.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".