Illinois 101st Regular Session Status: Enacted 17 D cosponsors

HB 3105 — TREE CUTTING-PROTECTED LAND

Last action — Public Act . . . . . . . . . 101-0102

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2019. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 25 sponsors

    0 primary, 25 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (17 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Wrongful Tree Cutting Act. Changes the definition of "stumpage". Defines "protected land" and "qualified professional forester or ecological restoration professional". Provides that 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, and the party did not have the legal right to so cut or cause to be cut, must pay the person or entity that owns or holds a conservation right to the land 3 times stumpage value plus remediation costs. Provides that nothing in the Act limits the rights of a party to pursue causes of action under other laws, including any available common law remedies for damages. Limits the relief available under the Act. Provides that the court shall allow a plaintiff who prevails to recover the cost of expenses incurred. Makes changes in provisions concerning appraisals and findings of value and expenses. Adds provisions concerning: remediation plans; court-ordered determinations of costs; assistance by the Department of Natural Resources; and use of awards under the Act. Makes other changes. Effective immediately.

Bill Text

What changed in the latest version

8 added · 8 removed

Plain-language change summary

The latest version of Bill HB 3105 has added and removed some text that clarifies specific provisions of the legislation. The changes ensure that the bill is more precise and easier to understand, which is important for effective implementation and enforcement. By making these adjustments, the bill aims to better address the needs of the community it serves.

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Latest
HB3105 Engrossed LRB101 05305 LNS 50319 b AN ACT concerning civil law.
HB3105 Enrolled LRB101 05305 LNS 50319 b AN ACT concerning civil law.
(2) registered or designated as a Nature Preserve, HB3105 Engrossed - 2 - LRB101 05305 LNS 50319 b buffer or Land and Water Reserve under the Illinois Natural Areas Preservation Act;
(2) registered or designated as a Nature Preserve, HB3105 Enrolled - 2 - LRB101 05305 LNS 50319 b buffer or Land and Water Reserve under the Illinois Natural Areas Preservation Act;
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 HB3105 Engrossed - 3 - LRB101 05305 LNS 50319 b shall pay the owner of the timber or tree 3 times its stumpage value.
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 HB3105 Enrolled - 3 - LRB101 05305 LNS 50319 b shall pay the owner of the timber or tree 3 times its stumpage value.
(4) remediation of damages to the native tree understory through coppicing, planting of potted native trees, planting of native tree seedlings as individual HB3105 Engrossed - 4 - LRB101 05305 LNS 50319 b practices or in combination as deemed appropriate under Section 3.5 of this Act.
(4) remediation of damages to the native tree understory through coppicing, planting of potted native trees, planting of native tree seedlings as individual HB3105 Enrolled - 4 - LRB101 05305 LNS 50319 b practices or in combination as deemed appropriate under Section 3.5 of this Act.
HB3105 Engrossed - 5 - LRB101 05305 LNS 50319 b (740 ILCS 185/2.8 new) Sec.
HB3105 Enrolled - 5 - LRB101 05305 LNS 50319 b (740 ILCS 185/2.8 new) Sec.
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 HB3105 Engrossed - 6 - LRB101 05305 LNS 50319 b parties unless otherwise ordered by the court.
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 HB3105 Enrolled - 6 - LRB101 05305 LNS 50319 b parties unless otherwise ordered by the court.
The court shall HB3105 Engrossed - 7 - LRB101 05305 LNS 50319 b allow a plaintiff who prevails to recover the cost of expenses incurred.
The court shall HB3105 Enrolled - 7 - LRB101 05305 LNS 50319 b allow a plaintiff who prevails to recover the cost of expenses incurred.
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 HB3105 Engrossed - 8 - LRB101 05305 LNS 50319 b 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 HB3105 Enrolled - 8 - LRB101 05305 LNS 50319 b of this Act.
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Action History

  1. Public Act . . . . . . . . . 101-0102

  2. Effective Date July 19, 2019

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Passed; 053-000-000

  7. Added as Alternate Chief Co-Sponsor Sen. Linda Holmes

  8. Added as Alternate Co-Sponsor Sen. Julie A. Morrison

  9. Added as Alternate Co-Sponsor Sen. Laura M. Murphy

  10. Placed on Calendar Order of 3rd Reading May 15, 2019

  11. Second Reading

  12. Placed on Calendar Order of 2nd Reading May 7, 2019

  13. Do Pass Judiciary; 009-000-000

  14. Assigned to Judiciary

  15. Added as Alternate Chief Co-Sponsor Sen. Melinda Bush

  16. Referred to Assignments

  17. First Reading

  18. Chief Senate Sponsor Sen. Steve Stadelman

  19. Placed on Calendar Order of First Reading

  20. Arrive in Senate

  21. Third Reading - Short Debate - Passed 113-000-000

  22. Added Co-Sponsor Rep. Robert Rita

  23. Added Co-Sponsor Rep. John C. D'Amico

  24. Added Co-Sponsor Rep. Emanuel Chris Welch

  25. Added Co-Sponsor Rep. Ann M. Williams

  26. Added Co-Sponsor Rep. Sue Scherer

  27. Added Co-Sponsor Rep. Anna Moeller

  28. Added Co-Sponsor Rep. Jennifer Gong-Gershowitz

  29. Placed on Calendar Order of 3rd Reading - Short Debate

  30. Second Reading - Short Debate

  31. Placed on Calendar 2nd Reading - Short Debate

  32. Added Chief Co-Sponsor Rep. Robyn Gabel

  33. Removed Co-Sponsor Rep. Robyn Gabel

  34. Added Co-Sponsor Rep. Natalie A. Manley

  35. Added Co-Sponsor Rep. Kelly M. Burke

  36. Added Co-Sponsor Rep. Diane Pappas

  37. Added Co-Sponsor Rep. Joyce Mason

  38. Added Co-Sponsor Rep. Marcus C. Evans, Jr.

  39. Added Co-Sponsor Rep. Michelle Mussman

  40. Added Co-Sponsor Rep. Bob Morgan

  41. Do Pass / Short Debate Judiciary - Civil Committee; 013-000-000

  42. Added Co-Sponsor Rep. Margo McDermed

  43. Added Co-Sponsor Rep. Theresa Mah

  44. Added Co-Sponsor Rep. Delia C. Ramirez

  45. Added Co-Sponsor Rep. Michael J. Zalewski

  46. Added Co-Sponsor Rep. Robyn Gabel

  47. Reported Back To Judiciary - Civil Committee;

  48. Recommends Do Pass Subcommittee/ Judiciary - Civil Committee; 007-000-000

  49. To Commercial Law Subcommittee

  50. Assigned to Judiciary - Civil Committee

  51. Referred to Rules Committee

  52. First Reading

  53. Filed with the Clerk by Rep. Mary Edly-Allen

Sponsors

Sponsorship breakdown

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0 sponsors · 25 co-sponsors · 158 not signed on

Sponsors (0)

None.

Co-sponsors (25)

Not signed on (158)

158 members have not signed on to this bill.

Show all 158 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 22004
Democrat 18002
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Link — Yea
Sandoval — Yea
Schimpf — Yea
Martinez — Yea
Barickman — Yea
Gillespie — Yea
Glowiak — Yea
Steans — Yea
McGuire — Yea
Bertino-Tarrant — Yea
Stewart — Yea
Harris — Yea
Brady — Yea
Mulroe — Yea
Bush — Yea
Muñoz — Yea
Oberweis — Yea
Crowe — Yea
Cullerton, T. — Yea
Cullerton — Yea
Landek — Yea
Manar — Not Voting
Bennett — Not Voting
Hutchinson — Not Voting
Righter — Not Voting
Van Pelt — Yea
Bill Cunningham Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Not Voting
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Not Voting
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Ram Villivalam Democrat Yea
Robert Peters Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Third Reading

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 47003
Democrat 46002
Republican 20000
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Sommer — Yea
Durkin — Yea
Arroyo — Yea
Mazzochi — Yea
Bailey — Yea
McAuliffe — Yea
Flowers — Yea
Batinick — Yea
McDermed — Yea
Frese — Yea
Bourne — Yea
Thapedi — Yea
McSweeney — Yea
Brady — Yea
Turner — Yea
Bristow — Yea
Unes — Yea
Greenwood — Yea
Burke — Yea
Butler — Yea
Carroll — Yea
Wehrli — Yea
Caulkins — Yea
Harris — Yea
Welter — Yea
Pappas — Yea
Connor — Yea
Parkhurst — Yea
Conroy — Yea
Wheeler — Yea
Ramirez — Yea
Conyears-Ervin — Yea
Hurley — Yea
Williams — Yea
Jones — Yea
Willis — Yea
Robinson — Yea
Kalish — Yea
D'Amico — Yea
Yednock — Yea
Yingling — Yea
Davis — Yea
Zalewski — Yea
Madigan — Yea
Demmer — Yea
Marron — Yea
Bennett — Not Voting
Costello — Not Voting
Skillicorn — Not Voting
Costa Howard — Yea
Aarón M. Ortíz Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Celina Villanueva Democrat Yea
Curtis J. Tarver, II Democrat Yea
Daniel Didech Democrat Yea
Debbie Meyers-Martin Democrat Yea
Elizabeth "Lisa" Hernandez Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Julie A. Morrison Democrat Not Voting
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Karina Villa Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Not Voting
La Shawn K. Ford Democrat Yea
Laura M. Murphy Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Yea
Mary Edly-Allen Democrat Yea
Maurice A. West, II Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Amy L. Grant Republican Yea
Andrew S. Chesney Republican Yea
Blaine Wilhour Republican Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Chris Miller Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
Jeff Keicher Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Patrick Windhorst Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea

Subjects

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Frequently asked questions

What does HB 3105 do?
Amends the Wrongful Tree Cutting Act. Changes the definition of "stumpage". Defines "protected land" and "qualified professional forester or ecological restoration professional". Provides that 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, and the party did not have the legal right to so cut or cause to be cut, must pay the person or entity that owns or holds a conservation right to the land 3 times stumpage value plus remediation costs. Provides that nothing in the Act limits the rights of a party to pursue causes of action under other laws, including any available common law remedies for damages. Limits the relief available under the Act. Provides that the court shall allow a plaintiff who prevails to recover the cost of expenses incurred. Makes changes in provisions concerning appraisals and findings of value and expenses. Adds provisions concerning: remediation plans; court-ordered determinations of costs; assistance by the Department of Natural Resources; and use of awards under the Act. Makes other changes. Effective immediately.
Who sponsors HB 3105?
HB 3105 is sponsored by Mary Edly-Allen, Robyn Gabel (Democrat), Michael J. Zalewski, Delia C. Ramirez, Theresa Mah (Democrat), Margo McDermed, Bob Morgan (Democrat), Michelle Mussman (Democrat), Marcus C. Evans, Jr. (Democrat), Joyce Mason (Democrat), Diane Pappas, Natalie A. Manley (Democrat), Kelly M. Burke, Jennifer Gong-Gershowitz (Democrat), Anna Moeller (Democrat), Sue Scherer (Democrat), Ann M. Williams (Democrat), John C. D'Amico, Robert "Bob" Rita (Democrat), Steve Stadelman (Democrat), Melinda Bush, Linda Holmes (Democrat), Laura M. Murphy (Democrat), Julie A. Morrison (Democrat), and Emanuel "Chris" Welch (Democrat).
What is the current status of HB 3105?
This bill has been enacted into law. Introduced February 15, 2019. Enacted.
Where can I track HB 3105?
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