Illinois General Assembly - Bill Status for SB3289

Amends the Wrongful Tree Cutting Act. Defines "land with a primary purpose of preservation or conservation". Provides that any party found to have intentionally cut or knowingly caused to be cut any timber or tree on land with a primary purpose of preservation or conservation that he or she did not have the legal right to cut or caused to be cut must pay the owner of the timber or tree 3 times stumpage value plus all remediation costs. Provides that nothing in the Act limits the rights provided under other law of an owner of land with a primary purpose of preservation or conservation. Provides that the court may not use the diminution of market value in determining damages. Provides that the court shall allow a plaintiff who prevails to recover the cost of expenses incurred. Makes other changes. Effective immediately.

Replaces everything after the enacting clause. Amends the Wrongful Tree Cutting Act. Changes the definition of "stumpage". Defines "protected land" and "qualified professional forester or ecological restoration professional". Provides that any party found to have intentionally cut or knowingly caused to be cut any standing timber or tree, other than a tree or woody plant referenced in the Illinois Exotic Weed Act, on protected land, and the party did not have the legal right to so cut or cause to be cut, must pay the person or entity that owns or holds a conservation right to the land 3 times stumpage value plus remediation costs. Provides that any party that, without the legal right, intentionally cut or severely damaged, or knowingly caused to be cut or damaged any live and standing tree or woody plant in a residential yard must pay specified damages. Provides that nothing in the Act limits the rights provided under other laws. Provides that the court shall allow a plaintiff who prevails to recover the cost of expenses incurred. Makes changes in provisions concerning appraisals and in findings of value and expenses. Adds provisions concerning: remediation plans; court-ordered determinations of costs; assistance by the Department of Natural Resources; and use of awards under the Act. Makes other changes. Effective immediately.

Replaces everything after the enacting clause with the provisions of Senate Amendment No. 1, and makes the following additional changes: (1) changes "stumpage" to "stumpage value"; (2) provides that protected land includes specified land that is owned (instead of held in public trust) by a local, State, or federal agency; (3) adds provisions concerning the requirement to provide invasive plant species control; (4) removes language providing that nothing in the Act limits the rights provided under other laws, and provides instead that nothing in the Act limits the rights of a party to pursue causes of action under other laws, including any available common law remedies for damages; (5) limits the relief available under the Act; (6) makes changes concerning court-ordered determination of costs; (7) provides that the provisions concerning use of awards do not apply to the use of awards for the stumpage value of wrongfully cut trees; and (8) makes other changes. Effective immediately.

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