Bill Status of SB3289  99th General Assembly


Short Description:  TREECUTTING-CONSERVATION LAND

Senate Sponsors
Sen. Steve Stadelman - Linda Holmes - Ira I. Silverstein, Heather A. Steans, John G. Mulroe, Daniel Biss, Julie A. Morrison, Bill Cunningham, Jacqueline Y. Collins, Michael Noland and Pat McGuire

House Sponsors
(Rep. Robert Rita and Laura Fine)

Last Action
DateChamber Action
  1/10/2017SenateSession Sine Die

Statutes Amended In Order of Appearance
740 ILCS 185/1from Ch. 96 1/2, par. 9401
740 ILCS 185/2from Ch. 96 1/2, par. 9402
740 ILCS 185/2.5 new
740 ILCS 185/2.6 new
740 ILCS 185/3from Ch. 96 1/2, par. 9403


Synopsis As Introduced
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.

Senate Committee Amendment No. 1
Adds reference to:
740 ILCS 185/2.7 new
740 ILCS 185/2.8 new
740 ILCS 185/3.5 new
740 ILCS 185/4from Ch. 96 1/2, par. 9404
740 ILCS 185/4.5 new
740 ILCS 185/4.7 new

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.

Senate Floor Amendment No. 2
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.

Actions 
DateChamber Action
  2/19/2016SenateFiled with Secretary by Sen. Steve Stadelman
  2/19/2016SenateFirst Reading
  2/19/2016SenateReferred to Assignments
  3/8/2016SenateAssigned to Environment and Conservation
  3/8/2016SenateAdded as Co-Sponsor Sen. Heather A. Steans
  3/16/2016SenateAdded as Co-Sponsor Sen. John G. Mulroe
  3/17/2016SenateAdded as Chief Co-Sponsor Sen. Linda Holmes
  3/29/2016SenateAdded as Chief Co-Sponsor Sen. Ira I. Silverstein
  3/30/2016SenateAdded as Co-Sponsor Sen. Daniel Biss
  3/31/2016SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Steve Stadelman
  3/31/2016SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/5/2016SenateSenate Committee Amendment No. 1 Assignments Refers to Environment and Conservation
  4/7/2016SenateAdded as Co-Sponsor Sen. Julie A. Morrison
  4/7/2016SenateAdded as Co-Sponsor Sen. Bill Cunningham
  4/7/2016SenateSenate Committee Amendment No. 1 Adopted
  4/7/2016SenateDo Pass as Amended Environment and Conservation; 010-000-000
  4/7/2016SenatePlaced on Calendar Order of 2nd Reading April 12, 2016
  4/8/2016SenateAdded as Co-Sponsor Sen. Jacqueline Y. Collins
  4/15/2016SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Steve Stadelman
  4/15/2016SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/19/2016SenateAdded as Co-Sponsor Sen. Michael Noland
  4/19/2016SenateSenate Floor Amendment No. 2 Assignments Refers to Environment and Conservation
  4/20/2016SenateSecond Reading
  4/20/2016SenatePlaced on Calendar Order of 3rd Reading April 21, 2016
  4/20/2016SenateSenate Floor Amendment No. 2 Recommend Do Adopt Environment and Conservation; 007-000-004
  4/21/2016SenateRecalled to Second Reading
  4/21/2016SenateSenate Floor Amendment No. 2 Adopted; Stadelman
  4/21/2016SenatePlaced on Calendar Order of 3rd Reading
  4/21/2016SenateAdded as Co-Sponsor Sen. Pat McGuire
  4/21/2016SenateThird Reading - Passed; 044-005-000
  4/22/2016HouseArrived in House
  4/28/2016HouseChief House Sponsor Rep. Robert Rita
  5/3/2016HouseFirst Reading
  5/3/2016HouseReferred to Rules Committee
  5/11/2016HouseAdded Alternate Co-Sponsor Rep. Laura Fine
  1/10/2017SenateSession Sine Die