Sen. Wm. Sam McCann

Filed: 4/1/2016





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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
5Section 2.1445 and by changing Section 7 as follows:
6    (505 ILCS 110/2.1445 new)
7    Sec. 2.1445. Seed library. Seed library means a nonprofit,
8governmental, or cooperative organization, association, or
9activity for the purpose of facilitating the donation,
10exchange, preservation, and dissemination of seeds of open
11pollinated, public domain plant varieties by or among its
12members or members of the public when the use, exchange,
13transfer, or possession of seeds acquired by or from the seed
14library is free of charge or consideration.
15    (505 ILCS 110/7)  (from Ch. 5, par. 407)



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1    Sec. 7. Exemptions.
2    (a) The provisions of Sections 4 through 4.5 and Sections 5
3and 5.1 do not apply:
4        (1) To seed or grain not intended for sowing purposes.
5        (2) To seed in storage in, or being transported or
6    consigned to a cleaning or conditioning establishment for
7    cleaning or conditioning, provided, that the invoice or
8    labeling accompanying any shipment of said seed bears the
9    statement "seed for conditioning"; and provided that any
10    labeling or other representation which may be made with
11    respect to the uncleaned or unconditioned seed shall be
12    subject to this Act.
13        (3) To any carrier in respect to any seed transported
14    or delivered for transportation in the ordinary course of
15    its business as a carrier; provided, that such carrier is
16    not engaged in producing, processing, or marketing
17    agricultural, vegetable or other seeds designated by the
18    Department of Agriculture subject to the provisions of this
19    Act.
20    (b) The provisions of Section 4, 4.4, 4.5, 6, and 10, and
21of paragraphs (1), (2), (3), (4), (5), (8), and (11) of Section
225, do not apply to unpatented, untreated seed that is free of
23noxious and exotic weed seeds and that is distributed within
24this State by means noncommercial, interpersonal seed sharing
25activities, including, but not limited to, seed libraries and
26seed swaps.



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