Full Text of SB3289 99th General Assembly
SB3289sam001 99TH GENERAL ASSEMBLY | Sen. Steve Stadelman Filed: 3/31/2016
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| 1 | | AMENDMENT TO SENATE BILL 3289
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3289 by replacing | 3 | | everything after the enacting clause with the following:
| 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" means the value of timber as it stands uncut | 11 | | in terms of an amount per unit of volume expressed as dollar | 12 | | value per board foot for that portion of a tree or timber | 13 | | deemed merchantable by Illinois forest products markets | 14 | | standing tree .
| 15 | | (b) "Department" means the Department of Natural | 16 | | Resources.
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| 1 | | (c) "Director" means the Director of Natural Resources.
| 2 | | (d) "Party" means any person, partnership, firm, | 3 | | association, business
trust or corporation.
| 4 | | (e) "Protected land" means land in public or private | 5 | | ownership that is: | 6 | | (1) subject to a permanent conservation right | 7 | | consistent with the Real Property Conservation Rights Act; | 8 | | (2) registered or designated as a Nature Preserve, | 9 | | buffer or Land and Water Reserve under the Illinois Natural | 10 | | Areas Preservation Act; | 11 | | (3) owned by a conservation land trust meeting | 12 | | requirements as set forth in Section 501(c) of the United | 13 | | States Internal Revenue Code; or | 14 | | (4) held in public trust by a local, State, or federal | 15 | | agency and primarily used for one or more conservation | 16 | | purposes, such as wildlife habitat, erosion control, | 17 | | energy conservation, natural community restoration, | 18 | | general reforestation, timber production, or research. | 19 | | (f) "Qualified professional forester or ecological | 20 | | restoration professional" means a person who holds any | 21 | | necessary licenses and has performed the type of remediation | 22 | | work necessary as part of the person's profession for greater | 23 | | than 30% of his or her working hours during each of the | 24 | | preceding 3 years. | 25 | | (Source: P.A. 89-445, eff. 2-7-96.)
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| 1 | | (740 ILCS 185/2) (from Ch. 96 1/2, par. 9402)
| 2 | | Sec. 2.
Except as provided in Sections 2.5, 2.7, and 7, any | 3 | | Any party found to have intentionally cut or knowingly caused
| 4 | | to be cut any timber
or tree , other than a tree or woody plant | 5 | | referenced in the Illinois Exotic Weed Act, which he or she did | 6 | | not have the full legal right to cut or cause caused to be
cut | 7 | | shall pay the owner of the
timber or tree 3 times its stumpage | 8 | | value.
| 9 | | (Source: P.A. 84-138.)
| 10 | | (740 ILCS 185/2.5 new) | 11 | | Sec. 2.5. Trees intentionally cut or knowingly caused to be | 12 | | cut on protected land. Any party found to have intentionally | 13 | | cut or knowingly caused to be cut any standing timber or tree, | 14 | | other than a tree or woody plant referenced in the Illinois | 15 | | Exotic Weed Act, on protected land, and the party did not have | 16 | | the legal right to so cut or cause to be cut, must pay the | 17 | | person or entity that owns or holds a conservation right to the | 18 | | land 3 times stumpage value plus remediation costs. Remediation | 19 | | costs include one or more of the following: | 20 | | (1) cleanup to remove trees, portions of trees, or | 21 | | debris from trees cut, damaged, moved, placed, or left as a | 22 | | result of tree cutting from perennial drainage ways or | 23 | | water holding basins; | 24 | | (2) soil erosion stabilization and remediation for | 25 | | issues that were not pre-existing; |
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| 1 | | (3) remediation of damages to the native standing trees | 2 | | and other native woody or herbaceous plant understory; | 3 | | (4) remediation of damages to the native tree | 4 | | understory through coppicing, planting of potted native | 5 | | trees, planting of native tree seedlings as individual | 6 | | practices or in combination as deemed appropriate under | 7 | | Section 3.5 of this Act. Any work under this item (4) must | 8 | | be done by a qualified professional forester or ecological | 9 | | restoration professional; | 10 | | (5) associated exotic plant species control for a | 11 | | period of 3 years with one treatment per year on those | 12 | | portions of the property where trees were wrongfully cut if | 13 | | prior to the encroachment there had been an active and | 14 | | ongoing effort made to control the plants. Exotic plant | 15 | | control must be done by a qualified professional forester | 16 | | or ecological restoration professional; | 17 | | (6) seeding of annual grass to skid trails; or | 18 | | (7) staff salaries, contractor fees, and materials as | 19 | | directly related, documented, and required to address | 20 | | remediation costs under this Section. | 21 | | (740 ILCS 185/2.6 new) | 22 | | Sec. 2.6. Remediation plan. The court may order parties | 23 | | that seek remediation costs for damage to protected land under | 24 | | Section 2.5 to develop a remediation plan pursuant to Section | 25 | | 3.5 of this Act. The remediation plan shall delineate the steps |
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| 1 | | to address remediation costs identified under Section 2.5 of | 2 | | this Act. | 3 | | (740 ILCS 185/2.7 new) | 4 | | Sec. 2.7. Trees intentionally cut or knowingly caused to be | 5 | | cut or damaged in residential areas. Any party that, without | 6 | | the legal right, intentionally cut or severely damaged, or | 7 | | knowingly caused to be cut or damaged any live and standing | 8 | | tree or woody plant in a residential yard must: | 9 | | (1) pay the owner of the property 2 times the value of | 10 | | the cut or severely damaged tree or woody plant or 2 times | 11 | | the reduced value resulting from light to moderate damage | 12 | | to the tree or woody plant based on value consistent with | 13 | | the current International Society of Arboriculture (ISA) | 14 | | Guide for Plant Appraisal. Appraisals utilizing the ISA | 15 | | Guide must be calculated and established by a certified | 16 | | arborist or professional consulting forester, either of | 17 | | which is and has been practicing his or her profession for | 18 | | a minimum of 50% of his or her working hours for the | 19 | | previous 3 years; | 20 | | (2) pay the owner remediation costs to remove all tree | 21 | | or woody plant debris resulting from wrongful cutting or | 22 | | damage; and | 23 | | (3) pay the owner remediation cost to repair | 24 | | landscaping plants, materials, and vegetation if the items | 25 | | were damaged in the process or as a result of wrongful |
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| 1 | | cutting or damage. | 2 | | (740 ILCS 185/2.8 new) | 3 | | Sec. 2.8. Landowner rights. Nothing in this Act limits the | 4 | | rights of landowners provided under other laws.
| 5 | | (740 ILCS 185/3) (from Ch. 96 1/2, par. 9403)
| 6 | | Sec. 3.
The courts of this State may order the Director or | 7 | | his
representative to secure 3 three independent value | 8 | | appraisals to determine
the stumpage value of wrongfully cut | 9 | | timber or
trees under Section 2 of this Act . Such order must | 10 | | shall state the reason the value information is needed, the
| 11 | | parties involved in the action, the area to be examined and | 12 | | other
information needed by the Department to carry out its | 13 | | responsibilities. The court must instruct all
All parties to | 14 | | the court action shall be instructed to make themselves
| 15 | | available to the Department at reasonable times to assist in | 16 | | the location
of areas and material to be examined. Unless | 17 | | otherwise ordered by the court, the parties shall bear equally | 18 | | the cost of expenses Expenses incurred, including but not
| 19 | | limited to those for surveys, consulting services , attorney's | 20 | | fees, and administrative costs ,
shall be borne equally by the | 21 | | parties unless otherwise ordered by the court . The court shall | 22 | | allow a plaintiff who prevails to recover the cost of expenses | 23 | | incurred.
| 24 | | (Source: P.A. 84-138.)
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| 1 | | (740 ILCS 185/3.5 new) | 2 | | Sec. 3.5. Court-ordered determination of costs. The court, | 3 | | upon evaluating whether independent appraisals are necessary | 4 | | and appropriate in matters arising under Section 2.5 of this | 5 | | Act, may order up to 3 independent appraisals or alternate | 6 | | valuation calculations of stumpage and remediation costs, and a | 7 | | remediation plan, in conformance with Section 2.6 of this Act. | 8 | | The court shall determine which party will bear the expense of | 9 | | conducting the appraisals or alternate valuations and | 10 | | developing the remediation plan. The court may request that the | 11 | | Director or his or representative assist in securing | 12 | | independent appraisals and advise the court as to adequacy of | 13 | | costs and measures in the remediation plan. The court shall | 14 | | allow a plaintiff who prevails to recover the cost of expenses | 15 | | incurred.
| 16 | | (740 ILCS 185/4) (from Ch. 96 1/2, par. 9404)
| 17 | | Sec. 4.
Within 90 30 days after the Department is ordered | 18 | | to establish
value appraisals under Section 3 , it shall notify | 19 | | the court of its findings of value and expenses.
The court | 20 | | shall
then average the appraisals and award triple the average | 21 | | value and make
final determination as to
which party or parties | 22 | | shall pay expenses. The failure of any party to
make full | 23 | | payment within the time limits set by the court or to cooperate
| 24 | | with the Department shall be considered contempt of court.
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| 1 | | (Source: P.A. 84-138.)
| 2 | | (740 ILCS 185/4.5 new) | 3 | | Sec. 4.5. Department assistance. If the court requests | 4 | | assistance from the Department pursuant to Section 3.5 of this | 5 | | Act, within 90 days after the Department is provided ordered | 6 | | independent appraisals and remediation plans for review, the | 7 | | Department shall provide the appraisals or valuations, | 8 | | remediation plan, and advice to the court. Otherwise, the | 9 | | parties shall directly provide the court with any ordered | 10 | | appraisals or valuations and a remediation plan pursuant to | 11 | | Section 3.5 of this Act. The court shall then make a final | 12 | | determination on the adequacy of the remediation plan and the | 13 | | appraised value to address remediation costs under Section 2.5 | 14 | | of this Act. The court shall award triple the stumpage value | 15 | | plus remediation costs and expenses in accordance with any | 16 | | approved remediation plan. | 17 | | (740 ILCS 185/4.7 new) | 18 | | Sec. 4.7. Use of award. Monetary awards for remediation of | 19 | | wrongfully cut trees under Section 2.5 of this Act must be used | 20 | | for costs related to remediation, restoration, or enhancement | 21 | | of the conservation value of the impacted property for | 22 | | protection, restoration, or enhancement.
| 23 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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