Full Text of SB3289 99th General Assembly
SB3289eng 99TH GENERAL ASSEMBLY |
| | SB3289 Engrossed | | LRB099 19259 HEP 43651 b |
|
| 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, 2.7, 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 land in public or private | 21 | | ownership that is: | 22 | | (1) subject to a permanent conservation right | 23 | | consistent with the Real Property Conservation Rights Act; |
| | | SB3289 Engrossed | - 2 - | LRB099 19259 HEP 43651 b |
|
| 1 | | (2) registered or designated as a Nature Preserve, | 2 | | buffer or Land and Water Reserve under the Illinois Natural | 3 | | Areas Preservation Act; | 4 | | (3) owned by a conservation land trust meeting | 5 | | requirements as set forth in Section 501(c) of the United | 6 | | States Internal Revenue Code; or | 7 | | (4) owned by a local, State, or federal agency and | 8 | | primarily used for one or more conservation purposes, such | 9 | | as wildlife habitat, erosion control, energy conservation, | 10 | | natural community restoration, general reforestation, | 11 | | timber production, or research. | 12 | | (f) "Qualified professional forester or ecological | 13 | | restoration professional" means a person who holds any | 14 | | necessary licenses and has performed the type of remediation | 15 | | work necessary as part of the person's profession for greater | 16 | | than 30% of his or her working hours during each of the | 17 | | preceding 3 years. | 18 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 19 | | (740 ILCS 185/2) (from Ch. 96 1/2, par. 9402)
| 20 | | Sec. 2.
Except as provided in Sections 2.5, 2.7, and 7, any | 21 | | Any party found to have intentionally cut or knowingly caused
| 22 | | to be cut any timber
or tree , other than a tree or woody plant | 23 | | referenced in the Illinois Exotic Weed Act, which he or she did | 24 | | not have the full legal right to cut or cause caused to be
cut | 25 | | shall pay the owner of the
timber or tree 3 times its stumpage |
| | | SB3289 Engrossed | - 3 - | LRB099 19259 HEP 43651 b |
|
| 1 | | value.
| 2 | | (Source: P.A. 84-138.)
| 3 | | (740 ILCS 185/2.5 new) | 4 | | Sec. 2.5. Trees intentionally cut or knowingly caused to be | 5 | | cut on protected land. Any party found to have intentionally | 6 | | cut or knowingly caused to be cut any standing timber or tree, | 7 | | other than a tree or woody plant referenced in the Illinois | 8 | | Exotic Weed Act, on protected land, which he or she did not | 9 | | have the legal right to so cut or cause to be cut, must pay 3 | 10 | | times stumpage value plus remediation costs to the party that | 11 | | owns an interest in the land, including but not limited to | 12 | | holding a conservation right to the land. Remediation costs | 13 | | include one or more of the following: | 14 | | (1) cleanup to remove trees, portions of trees, or | 15 | | debris from trees cut, damaged, moved, placed, or left as a | 16 | | result of tree cutting from perennial drainage ways or | 17 | | water holding basins; | 18 | | (2) soil erosion stabilization and remediation for | 19 | | issues that were not pre-existing; | 20 | | (3) remediation of damages to the native standing trees | 21 | | and other native woody or herbaceous plant understory; | 22 | | (4) remediation of damages to the native tree | 23 | | understory through coppicing, planting of potted native | 24 | | trees, planting of native tree seedlings as individual | 25 | | practices or in combination as deemed appropriate under |
| | | SB3289 Engrossed | - 4 - | LRB099 19259 HEP 43651 b |
|
| 1 | | Section 3.5 of this Act. Any work under this item (4) must | 2 | | be done by a qualified professional forester or ecological | 3 | | restoration professional; | 4 | | (5) associated exotic invasive plant species control | 5 | | for a period of 3 years with one treatment per year on | 6 | | those portions of the property where trees were wrongfully | 7 | | cut if prior to the encroachment there had been an active | 8 | | and ongoing effort made to control the plants, and due to | 9 | | the disturbance, advantage was given to pre-existing or new | 10 | | exotic invasive plant growth. Exotic plant control must be | 11 | | done by a qualified professional forester or ecological | 12 | | restoration professional; | 13 | | (6) seeding of annual grass to skid trails; or | 14 | | (7) staff salaries, contractor fees, and materials as | 15 | | directly related, documented, and required to address | 16 | | remediation costs under this Section. | 17 | | (740 ILCS 185/2.6 new) | 18 | | Sec. 2.6. Remediation plan. The court may order parties | 19 | | that seek remediation costs for damage to protected land under | 20 | | Section 2.5 to develop a remediation plan pursuant to Section | 21 | | 3.5 of this Act. The remediation plan shall delineate the steps | 22 | | to address remediation costs identified under Section 2.5 of | 23 | | this Act. | 24 | | (740 ILCS 185/2.7 new) |
| | | SB3289 Engrossed | - 5 - | LRB099 19259 HEP 43651 b |
|
| 1 | | Sec. 2.7. Trees intentionally cut or knowingly caused to be | 2 | | cut or damaged in residential areas. Any party that, without | 3 | | the legal right, intentionally cut or severely damaged, or | 4 | | knowingly caused to be cut or damaged any live and standing | 5 | | tree or woody plant in a residential yard must: | 6 | | (1) pay the owner of the property 2 times the value of | 7 | | the cut or severely damaged tree or woody plant or 2 times | 8 | | the reduced value resulting from light to moderate damage | 9 | | to the tree or woody plant, which at a minimum is based on | 10 | | value consistent with the current International Society of | 11 | | Arboriculture (ISA) Guide for Plant Appraisal. Appraisals | 12 | | utilizing the ISA Guide must be calculated and established | 13 | | by a certified arborist or professional consulting | 14 | | forester, either of which is and has been practicing his or | 15 | | her profession for a minimum of 50% of his or her working | 16 | | hours for the previous 3 years; | 17 | | (2) pay the owner repair costs to remove all tree or | 18 | | woody plant debris resulting from wrongful cutting or | 19 | | damage; and | 20 | | (3) pay the owner the cost to repair landscaping | 21 | | plants, materials, and vegetation if the items were damaged | 22 | | in the process or as a result of wrongful cutting or | 23 | | damage. | 24 | | (740 ILCS 185/2.8 new) | 25 | | Sec. 2.8. Remedies. Nothing in this Act limits the rights |
| | | SB3289 Engrossed | - 6 - | LRB099 19259 HEP 43651 b |
|
| 1 | | of a party to pursue causes of action under other laws, | 2 | | including any available common law remedies for damages. A | 3 | | plaintiff may bring an action and recover damages under any | 4 | | applicable Section of this Act; however, if more than one | 5 | | Section applies to a given wrongfully cut tree, the plaintiff | 6 | | may bring an action and recover damages under only one | 7 | | applicable Section of this Act.
| 8 | | (740 ILCS 185/3) (from Ch. 96 1/2, par. 9403)
| 9 | | Sec. 3.
The courts of this State may order the Director or | 10 | | his
representative to secure 3 three independent value | 11 | | appraisals to determine
the stumpage value of wrongfully cut | 12 | | timber or
trees under Section 2 of this Act . Such order must | 13 | | shall state the reason the value information is needed, the
| 14 | | parties involved in the action, the area to be examined and | 15 | | other
information needed by the Department to carry out its | 16 | | responsibilities. The court must instruct all
All parties to | 17 | | the court action shall be instructed to make themselves
| 18 | | available to the Department at reasonable times to assist in | 19 | | the location
of areas and material to be examined. Unless | 20 | | otherwise ordered by the court, the parties shall bear equally | 21 | | the cost of expenses Expenses incurred, including but not
| 22 | | limited to those for surveys, consulting services , attorney's | 23 | | fees, and administrative costs ,
shall be borne equally by the | 24 | | parties unless otherwise ordered by the court . The court shall | 25 | | allow a plaintiff who prevails to recover the cost of expenses |
| | | SB3289 Engrossed | - 7 - | LRB099 19259 HEP 43651 b |
|
| 1 | | incurred.
| 2 | | (Source: P.A. 84-138.)
| 3 | | (740 ILCS 185/3.5 new) | 4 | | Sec. 3.5. Court-ordered determination of costs. The court, | 5 | | upon evaluating whether independent appraisals are necessary | 6 | | and appropriate in matters arising under Section 2.5 of this | 7 | | Act, may order up to 3 independent appraisals of stumpage | 8 | | value, and further order the development of a plan detailing | 9 | | remediation strategies and their estimated cost, in | 10 | | conformance with Section 2.6 of this Act. Appraisals of | 11 | | stumpage value must be conducted by a professional consulting | 12 | | forester, who is and has been practicing his or her profession | 13 | | for a minimum of 50% of his or her working hours for the | 14 | | previous 3 years. Remediation plans must be prepared in | 15 | | consultation with a professional forester or biologist | 16 | | experienced in ecosystem restoration following a timber | 17 | | harvest, and may be implemented by the landowner or the | 18 | | landowner's designee. The court shall determine which party | 19 | | will bear the expense of conducting the appraisals and | 20 | | developing the remediation plan. The court may request that the | 21 | | Director or his or her representative assist in securing | 22 | | independent appraisals and advise the court as to adequacy of | 23 | | costs and measures in the remediation plan. The court shall | 24 | | allow a plaintiff who prevails to recover the cost of expenses | 25 | | incurred.
|
| | | SB3289 Engrossed | - 8 - | LRB099 19259 HEP 43651 b |
|
| 1 | | (740 ILCS 185/4) (from Ch. 96 1/2, par. 9404)
| 2 | | Sec. 4.
Within 90 30 days after the Department is ordered | 3 | | to establish
value appraisals under Section 3 , it shall notify | 4 | | the court of its findings of value and expenses.
The court | 5 | | shall
then average the appraisals and award triple the average | 6 | | value and make
final determination as to
which party or parties | 7 | | shall pay expenses. The failure of any party to
make full | 8 | | payment within the time limits set by the court or to cooperate
| 9 | | with the Department shall be considered contempt of court.
| 10 | | (Source: P.A. 84-138.)
| 11 | | (740 ILCS 185/4.5 new) | 12 | | Sec. 4.5. Department assistance. If the court requests | 13 | | assistance from the Department pursuant to Section 3.5 of this | 14 | | Act, within 90 days after the Department is provided | 15 | | independent appraisals and remediation plans for review, the | 16 | | Department shall provide the appraisals or valuations, | 17 | | remediation plan, and advice to the court. Otherwise, the | 18 | | parties shall directly provide the court with any ordered | 19 | | appraisals or valuations and a remediation plan pursuant to | 20 | | Section 3.5 of this Act. The court shall then make a final | 21 | | determination on the adequacy of the remediation plan and the | 22 | | appraised value to address remediation costs under Section 2.5 | 23 | | of this Act. The court shall award triple the stumpage value | 24 | | plus remediation costs and expenses in accordance with any |
| | | SB3289 Engrossed | - 9 - | LRB099 19259 HEP 43651 b |
|
| 1 | | approved remediation plan. | 2 | | (740 ILCS 185/4.7 new) | 3 | | Sec. 4.7. Use of award. Monetary awards for remediation | 4 | | costs of wrongfully cut trees under Section 2.5 of this Act | 5 | | must be used for costs related to remediation, restoration, or | 6 | | enhancement of the conservation value of the impacted property | 7 | | for protection, restoration, or enhancement. This Section does | 8 | | not apply to the use of awards for the stumpage value of trees | 9 | | wrongfully cut.
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
|
|