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Rep. Laura Faver Dias
Filed: 3/27/2024
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| 1 | | AMENDMENT TO HOUSE BILL 5296
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| 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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| | 10300HB5296ham001 | - 2 - | LRB103 39025 BDA 71425 a |
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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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