Sen. Wm. Sam McCann

Filed: 4/15/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 3130, AS AMENDED by
3replacing everything after the enacting clause with the
5    "Section 5. The Illinois Seed Law is amended by adding
6Sections 2.1445 and 2.1446 and by changing Section 7 as
8    (505 ILCS 110/2.1445 new)
9    Sec. 2.1445. Seed library. "Seed library" means a
10nonprofit, governmental, or cooperative organization,
11association, or activity for the purpose of facilitating the
12donation, exchange, preservation, and dissemination of seeds
13of open pollinated, public domain plant varieties by or among
14its members or members of the public when the use, exchange,
15transfer, or possession of seeds acquired by or from the seed
16library 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
3seed sharing" means seed sharing for which no monetary
4consideration or compensation is transferred in return for
5receiving seeds. A person participating in non-commercial seed
6sharing may not expect, or create the expectation, that seeds
7must be returned in exchange for receiving seeds, nor may such
8distribution of seed be given as compensation for work or
9services rendered.
10    (505 ILCS 110/7)  (from Ch. 5, par. 407)
11    Sec. 7. Exemptions.
12    (a) The provisions of Sections 4 through 4.5 and Sections 5
13and 5.1 do not apply:
14        (1) To seed or grain not intended for sowing purposes.
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.
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
4    Department of Agriculture subject to the provisions of this
5    Act.
6    (b) The provisions of Sections 4, 4.4, 4.5, 6, and 10, and
7of paragraphs (1), (2), (3), (4), (5), (8), and (11) of Section
85, do not apply to unpatented, untreated seed that is free of
9noxious and exotic weed seeds and that is distributed within
10this State by means of interpersonal noncommercial seed sharing
11activities, including, but not limited to, seed libraries and
12seed swaps. A seed library may adopt labeling or record-keeping
13standards to identify the date, species or common name, and
14source of the seed received by the seed library, and shall make
15this information available to the Department upon request in
16the course of an investigation of an alleged violation of the
17provisions in this Act.
18(Source: P.A. 85-717.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".