Rep. Sonya M. Harper
Filed: 2/24/2020
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1 | AMENDMENT TO HOUSE BILL 4704
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2 | AMENDMENT NO. ______. Amend House Bill 4704 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Right
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5 | to Garden Act. | ||||||
6 | Section 5. Findings. The State of Illinois finds that the | ||||||
7 | right of a property owner to create and maintain a garden on | ||||||
8 | his or her own residential property, whether it be for produce, | ||||||
9 | flowers, herbs, fungi, or grains, and when done so for one's | ||||||
10 | own consumption and enjoyment, should not be infringed upon by | ||||||
11 | the State or any unit of local government. | ||||||
12 | Section 10. Definitions. As used in this Act:
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13 | "Garden" means a piece of property wholly located within a | ||||||
14 | person's residential property that is used to grow produce, | ||||||
15 | flowers, herbs, fungi, or grains for one's own consumption and |
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1 | enjoyment.
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2 | "Residential property" means real property on which there | ||||||
3 | is a dwelling unit with accommodations for 4 or fewer separate | ||||||
4 | households and occupied, or to be occupied, in whole or in | ||||||
5 | part, by the mortgagor; however "residential property":
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6 | (1) is limited to the primary residence of a person;
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7 | (2) does not include an investment property or | ||||||
8 | residence other than a primary residence; and
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9 | (3) does not include residential property taken in | ||||||
10 | whole or in part as collateral for a commercial loan.
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11 | "Season extension techniques and devices" means any low or | ||||||
12 | high tunnels and membrane structures constructed according to | ||||||
13 | the United States Department of Agriculture's best practices | ||||||
14 | utilized for season extension, wind break, or insect and shade | ||||||
15 | netting in the growth and cultivation of food crops.
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16 | Section 15. Regulations of gardens on residential | ||||||
17 | property. The State or a unit of local government may not | ||||||
18 | regulate gardens or the use of season extension techniques and | ||||||
19 | devices on residential property. However, this does not | ||||||
20 | preclude the State or a unit of local government from adopting | ||||||
21 | statutes or regulations pertaining to: restrictions on water | ||||||
22 | use during drought conditions; existing or future adoption of | ||||||
23 | property set-backs; maximum lot coverage; utility safety; | ||||||
24 | fertilizer use; control of invasive species; a substance | ||||||
25 | regulated under the Illinois Controlled Substances Act, the |
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1 | Industrial Hemp Act, or the Cannabis Regulation and Tax Act; or | ||||||
2 | any other regulation that does not have the effect of | ||||||
3 | prohibiting gardens. | ||||||
4 | Section 20. Home rule. A home rule unit may not regulate | ||||||
5 | gardens on residential property in a manner inconsistent with | ||||||
6 | this Act. This Section is a limitation under subsection (i) of | ||||||
7 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
8 | concurrent exercise by home rule units of powers and functions | ||||||
9 | exercised by the State.
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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