Bill Amendment: IL HB5296 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DNR-MONARCH ACT
Status: 2024-07-16 - Added as Alternate Co-Sponsor Sen. Mike Porfirio [HB5296 Detail]
Download: Illinois-2023-HB5296-House_Amendment_001.html
Bill Title: DNR-MONARCH ACT
Status: 2024-07-16 - Added as Alternate Co-Sponsor Sen. Mike Porfirio [HB5296 Detail]
Download: Illinois-2023-HB5296-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 5296 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5296 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 | ||||||
5 | Homeowners' Native Landscaping Act.
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6 | Section 5. Definitions. As used in this Act unless the | ||||||
7 | context otherwise requires: | ||||||
8 | "Illinois native species" means trees, shrubs, vines, | ||||||
9 | ferns, flowers, forbs, sedges, grasses, and other plants | ||||||
10 | growing in the State of Illinois before European settlement or | ||||||
11 | as otherwise defined by rule by the Department of Natural | ||||||
12 | Resources. "Illinois native species" does not include exotic | ||||||
13 | or noxious weeds regulated under the Illinois Noxious Weed Law | ||||||
14 | or the Illinois Exotic Weed Act. | ||||||
15 | "Native landscape" means an intentionally maintained area | ||||||
16 | of trees, shrubs, vines, ferns, flowers, forbs, sedges, |
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1 | grasses, and other plants composed mainly of Illinois native | ||||||
2 | species. "Native landscape" does not include exotic or noxious | ||||||
3 | weeds regulated under the Illinois Noxious Weed Law or the | ||||||
4 | Illinois Exotic Weed Act. | ||||||
5 | "Association" has the meaning set forth in subsection (o) | ||||||
6 | of Section 2 of the Condominium Property Act or Section 1-5 of | ||||||
7 | the Common Interest Community Association Act, as applicable.
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8 | Section 10. No prohibition on native landscapes. | ||||||
9 | (a) An Association shall not prohibit any resident or | ||||||
10 | owner from planting or growing Illinois native species on the | ||||||
11 | resident's or owner's lawn so long as the area is maintained | ||||||
12 | predominantly free of weeds, invasive species, and trash, and | ||||||
13 | vegetation does not extend over or onto neighboring | ||||||
14 | properties, public or common sidewalks, pathways, streets or | ||||||
15 | other public or common areas or elements, and does not | ||||||
16 | interfere with traffic or utilities. | ||||||
17 | (b) An Association may adopt reasonable rules and | ||||||
18 | regulations governing a planned, intentional, and maintained | ||||||
19 | native landscape that do not impair the native landscape's | ||||||
20 | proper maintenance and care or impose height restrictions. | ||||||
21 | (c) This Section shall not apply to common areas or | ||||||
22 | elements or to other property owned by the Association or | ||||||
23 | other owners in which the resident or owner does not have | ||||||
24 | authority to landscape or plant.
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