|
Rep. Sonya M. Harper
Filed: 2/24/2020
| | 10100HB4704ham001 | | LRB101 17129 BMS 70207 a |
|
|
| 1 | | AMENDMENT TO HOUSE BILL 4704
|
| 2 | | AMENDMENT NO. ______. Amend House Bill 4704 by replacing |
| 3 | | everything after the enacting clause with the following:
|
| 4 | | "Section 1. Short title. This Act may be cited as the Right
|
| 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:
|
| 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 |
|
| | 10100HB4704ham001 | - 2 - | LRB101 17129 BMS 70207 a |
|
|
| 1 | | enjoyment.
|
| 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":
|
| 6 | | (1) is limited to the primary residence of a person;
|
| 7 | | (2) does not include an investment property or |
| 8 | | residence other than a primary residence; and
|
| 9 | | (3) does not include residential property taken in |
| 10 | | whole or in part as collateral for a commercial loan.
|
| 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.
|
| 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 |
|
| | 10100HB4704ham001 | - 3 - | LRB101 17129 BMS 70207 a |
|
|
| 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.
|
| 10 | | Section 99. Effective date. This Act takes effect upon |
| 11 | | becoming law.".
|