99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5577

 

Introduced , by Rep. Litesa E. Wallace

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 185/1  from Ch. 96 1/2, par. 9401
740 ILCS 185/2  from Ch. 96 1/2, par. 9402
740 ILCS 185/2.5 new
740 ILCS 185/2.6 new
740 ILCS 185/3  from Ch. 96 1/2, par. 9403

    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.


LRB099 19255 HEP 43647 b

 

 

A BILL FOR

 

HB5577LRB099 19255 HEP 43647 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wrongful Tree Cutting Act is amended by
5changing Sections 1, 2, and 3 and by adding Sections 2.5 and
62.6 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
9requires, the term:
10    (a) "Stumpage" means standing tree.
11    (b) "Department" means the Department of Natural
12Resources.
13    (c) "Director" means the Director of Natural Resources.
14    (d) "Party" means any person, partnership, firm,
15association, business trust or corporation.
16    (e) "Land with a primary purpose of preservation or
17conservation" means land in public or private ownership which
18is primarily used: (i) in a manner and under limitations
19consistent with its continued preservation without impairment,
20disturbance, or artificial development, and (ii) for
21conservation purposes such as wildlife habitat, erosion
22control, energy conservation, natural community restoration,
23general reforestation, and research.

 

 

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1(Source: P.A. 89-445, eff. 2-7-96.)
 
2    (740 ILCS 185/2)  (from Ch. 96 1/2, par. 9402)
3    Sec. 2. Except as provided in Section 2.5, any Any party
4found to have intentionally cut or knowingly caused to be cut
5any timber or tree which he or she did not have the full legal
6right to cut or cause caused to be cut must shall pay the owner
7of the timber or tree 3 times its stumpage value.
8(Source: P.A. 84-138.)
 
9    (740 ILCS 185/2.5 new)
10    Sec. 2.5. Trees cut on land with a primary purpose of
11preservation or conservation. Any party found to have
12intentionally cut or knowingly caused to be cut any timber or
13tree on land with a primary purpose of preservation or
14conservation that he or she did not have the legal right to cut
15or caused to be cut must pay the owner of the timber or tree 3
16times stumpage value plus all remediation costs. Remediation
17costs include, but are not limited to:
18        (1) cleanup;
19        (2) soil erosion and soil compaction remediation;
20        (3) remediation of damages to the native plant
21    understory;
22        (4) removal of discarded tree debris;
23        (5) invasive species control;
24        (6) restoration of the land to its conservation

 

 

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1    condition;
2        (7) seeding or planting and land grading; and
3        (8) staff salaries, contractor fees, and materials.
 
4    (740 ILCS 185/2.6 new)
5    Sec. 2.6. Landowner rights.
6    (a) Nothing in this Act limits the rights provided under
7other law of an owner of land with a primary purpose of
8preservation or conservation.
9    (b) The court may not use the diminution of market value in
10determining damages under this Act.
 
11    (740 ILCS 185/3)  (from Ch. 96 1/2, par. 9403)
12    Sec. 3. The courts of this State may order the Director or
13his representative to secure three independent value
14appraisals to determine the stumpage value of wrongfully cut
15timber or trees. Such order must shall state the reason the
16value information is needed, the parties involved in the
17action, the area to be examined and other information needed by
18the Department to carry out its responsibilities. The court
19must instruct all All parties to the court action shall be
20instructed to make themselves available to the Department at
21reasonable times to assist in the location of areas and
22material to be examined. Unless otherwise ordered by the court,
23the parties shall bear equally the cost of expenses Expenses
24incurred, including but not limited to those for surveys,

 

 

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1consulting services, attorney's fees, and administrative
2costs, shall be borne equally by the parties unless otherwise
3ordered by the court. The court shall allow a plaintiff who
4prevails to recover the cost of expenses incurred.
5(Source: P.A. 84-138.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.