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Public Act 101-0102


 

Public Act 0102 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0102
 
HB3105 EnrolledLRB101 05305 LNS 50319 b

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

Effective Date: 7/19/2019