Full Text of HB3105 101st General Assembly
HB3105enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Wrongful Tree Cutting Act is amended by | 5 | | changing Sections 1, 2, 3, and 4 and by adding Sections 2.5, | 6 | | 2.6, 2.8, 3.5, 4.5, and 4.7 as follows:
| 7 | | (740 ILCS 185/1) (from Ch. 96 1/2, par. 9401)
| 8 | | Sec. 1.
As used in this Act, unless the context otherwise | 9 | | requires, the
term:
| 10 | | (a) "Stumpage value " means the value of timber as it stands | 11 | | uncut in terms of an amount per unit of volume expressed as | 12 | | dollar value per board foot for that portion of a tree or | 13 | | timber deemed merchantable by Illinois forest products markets | 14 | | standing tree .
| 15 | | (b) "Department" means the Department of Natural | 16 | | Resources.
| 17 | | (c) "Director" means the Director of Natural Resources.
| 18 | | (d) "Party" means any person, partnership, firm, | 19 | | association, business
trust or corporation.
| 20 | | (e) "Protected land" means real property that is: | 21 | | (1) subject to a permanent conservation right | 22 | | consistent with the Real Property Conservation Rights Act; | 23 | | (2) registered or designated as a Nature Preserve, |
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| 1 | | buffer or Land and Water Reserve under the Illinois Natural | 2 | | Areas Preservation Act; | 3 | | (3) owned by a conservation land trust meeting | 4 | | requirements as set forth in Section 501(c) of the United | 5 | | States Internal Revenue Code; or | 6 | | (4) owned by a local, State, or federal agency with a | 7 | | mission that includes the conservation of natural | 8 | | resources or a related function for one or more | 9 | | conservation purposes, but not including parkways; and | 10 | | (5) not inclusive of residential, commercial, or other | 11 | | areas that are not subject to the aforementioned | 12 | | protections. | 13 | | (f) "Qualified professional forester or ecological | 14 | | restoration professional" means a person who holds any | 15 | | necessary licenses and has performed the type of remediation | 16 | | work necessary as part of the person's profession for greater | 17 | | than 30% of his or her working hours during each of the | 18 | | preceding 3 years. | 19 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 20 | | (740 ILCS 185/2) (from Ch. 96 1/2, par. 9402)
| 21 | | Sec. 2.
Except as provided in Sections 2.5, 2.7, and 7, any | 22 | | Any party found to have intentionally cut or knowingly caused
| 23 | | to be cut any timber
or tree , other than a tree or woody plant | 24 | | referenced in the Illinois Exotic Weed Act, which he or she did | 25 | | not have the full legal right to cut or cause caused to be
cut |
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| 1 | | shall pay the owner of the
timber or tree 3 times its stumpage | 2 | | value.
| 3 | | (Source: P.A. 84-138.)
| 4 | | (740 ILCS 185/2.5 new) | 5 | | Sec. 2.5. Trees intentionally cut or knowingly caused to be | 6 | | cut on protected land. Any party found to have intentionally | 7 | | cut or knowingly caused to be cut any standing timber or tree, | 8 | | other than a tree or woody plant referenced in the Illinois | 9 | | Exotic Weed Act, on protected land, which he or she did not | 10 | | have the legal right to so cut or cause to be cut, must pay 3 | 11 | | times stumpage value plus remediation costs to the party that | 12 | | owns an interest in the land, including but not limited to | 13 | | holding a conservation right to the land. Remediation costs | 14 | | include one or more of the following: | 15 | | (1) cleanup to remove trees, portions of trees, or | 16 | | debris from trees cut, damaged, moved, placed, or left as a | 17 | | result of tree cutting from perennial drainage ways or | 18 | | water holding basins; | 19 | | (2) soil erosion stabilization and remediation for | 20 | | issues that were not pre-existing; | 21 | | (3) remediation of damages to the native standing trees | 22 | | and other native woody or herbaceous plant understory; | 23 | | (4) remediation of damages to the native tree | 24 | | understory through coppicing, planting of potted native | 25 | | trees, planting of native tree seedlings as individual |
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| 1 | | practices or in combination as deemed appropriate under | 2 | | Section 3.5 of this Act. Any work under this item (4) must | 3 | | be done by a qualified professional forester or ecological | 4 | | restoration professional; | 5 | | (5) associated exotic invasive plant species control | 6 | | for a period of 3 years with one treatment per year on | 7 | | those portions of the property where trees were wrongfully | 8 | | cut if prior to the encroachment there had been an active | 9 | | and ongoing effort made to control the plants, and due to | 10 | | the disturbance, advantage was given to pre-existing or new | 11 | | exotic invasive plant growth. Exotic plant control must be | 12 | | done by a qualified professional forester or ecological | 13 | | restoration professional; | 14 | | (6) seeding of annual grass to skid trails; or | 15 | | (7) staff salaries, contractor fees, and materials as | 16 | | directly related, documented, and required to address | 17 | | remediation costs under this Section. | 18 | | (740 ILCS 185/2.6 new) | 19 | | Sec. 2.6. Remediation plan. The court may order parties | 20 | | that seek remediation costs for damage to protected land under | 21 | | Section 2.5 to develop a remediation plan pursuant to Section | 22 | | 3.5 of this Act. The remediation plan shall delineate the steps | 23 | | to address remediation costs identified under Section 2.5 of | 24 | | this Act. |
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| 1 | | (740 ILCS 185/2.8 new) | 2 | | Sec. 2.8. Remedies. Nothing in this Act limits the rights | 3 | | of a party to pursue causes of action under other laws, | 4 | | including any available common law remedies for damages. A | 5 | | plaintiff may bring an action and recover damages under any | 6 | | applicable Section of this Act; however, if more than one | 7 | | Section applies to a given wrongfully cut tree, the plaintiff | 8 | | may bring an action and recover damages under only one | 9 | | applicable Section of this Act.
| 10 | | (740 ILCS 185/3) (from Ch. 96 1/2, par. 9403)
| 11 | | Sec. 3.
The courts of this State may order the Director or | 12 | | his
representative to secure 3 three independent value | 13 | | appraisals to determine
the stumpage value of wrongfully cut | 14 | | timber or
trees under Section 2 of this Act . Such order must | 15 | | shall state the reason the value information is needed, the
| 16 | | parties involved in the action, the area to be examined and | 17 | | other
information needed by the Department to carry out its | 18 | | responsibilities. The court must instruct all
All parties to | 19 | | the court action shall be instructed to make themselves
| 20 | | available to the Department at reasonable times to assist in | 21 | | the location
of areas and material to be examined. Unless | 22 | | otherwise ordered by the court, the parties shall bear equally | 23 | | the cost of expenses Expenses incurred, including but not
| 24 | | limited to those for surveys, consulting services , attorney's | 25 | | fees, and administrative costs ,
shall be borne equally by the |
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| 1 | | parties unless otherwise ordered by the court . The court shall | 2 | | allow a plaintiff who prevails to recover the cost of expenses | 3 | | incurred.
| 4 | | (Source: P.A. 84-138.)
| 5 | | (740 ILCS 185/3.5 new) | 6 | | Sec. 3.5. Court-ordered determination of costs. The court, | 7 | | upon evaluating whether independent appraisals are necessary | 8 | | and appropriate in matters arising under Section 2.5 of this | 9 | | Act, may order up to 3 independent appraisals of stumpage | 10 | | value, and further order the development of a plan detailing | 11 | | remediation strategies and their estimated cost, in | 12 | | conformance with Section 2.6 of this Act. Appraisals of | 13 | | stumpage value must be conducted by a professional consulting | 14 | | forester, who is and has been practicing his or her profession | 15 | | for a minimum of 50% of his or her working hours for the | 16 | | previous 3 years. Remediation plans must be prepared in | 17 | | consultation with a professional forester or biologist | 18 | | experienced in ecosystem restoration following a timber | 19 | | harvest, and may be implemented by the landowner or the | 20 | | landowner's designee. The court shall determine which party | 21 | | will bear the expense of conducting the appraisals and | 22 | | developing the remediation plan. The court may request that the | 23 | | Director or his or her representative assist in securing | 24 | | independent appraisals and advise the court as to adequacy of | 25 | | costs and measures in the remediation plan. The court shall |
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| 1 | | allow a plaintiff who prevails to recover the cost of expenses | 2 | | incurred.
| 3 | | (740 ILCS 185/4) (from Ch. 96 1/2, par. 9404)
| 4 | | Sec. 4.
Within 90 30 days after the Department is ordered | 5 | | to establish
value appraisals under Section 3 , it shall notify | 6 | | the court of its findings of value and expenses.
The court | 7 | | shall
then average the appraisals and award triple the average | 8 | | value and make
final determination as to
which party or parties | 9 | | shall pay expenses. The failure of any party to
make full | 10 | | payment within the time limits set by the court or to cooperate
| 11 | | with the Department shall be considered contempt of court.
| 12 | | (Source: P.A. 84-138.)
| 13 | | (740 ILCS 185/4.5 new) | 14 | | Sec. 4.5. Department assistance. If the court requests | 15 | | assistance from the Department pursuant to Section 3.5 of this | 16 | | Act, within 90 days after the Department is provided | 17 | | independent appraisals and remediation plans for review, the | 18 | | Department shall provide the appraisals or valuations, | 19 | | remediation plan, and advice to the court. Otherwise, the | 20 | | parties shall directly provide the court with any ordered | 21 | | appraisals or valuations and a remediation plan pursuant to | 22 | | Section 3.5 of this Act. The court shall then make a final | 23 | | determination on the adequacy of the remediation plan and the | 24 | | appraised value to address remediation costs under Section 2.5 |
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| 1 | | of this Act. The court shall award triple the stumpage value | 2 | | plus remediation costs and expenses in accordance with any | 3 | | approved remediation plan. | 4 | | (740 ILCS 185/4.7 new) | 5 | | Sec. 4.7. Use of award. Monetary awards for remediation | 6 | | costs of wrongfully cut trees under Section 2.5 of this Act | 7 | | must be used for costs related to remediation, restoration, or | 8 | | enhancement of the conservation value of the impacted property | 9 | | for protection, restoration, or enhancement. This Section does | 10 | | not apply to the use of awards for the stumpage value of trees | 11 | | wrongfully cut.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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