Bill Summary – FastDemocracy

House File 2476 - Introduced
                                  HOUSE FILE 2476
                                  BY COMMITTEE ON TRANSPORTATION
                                  (SUCCESSOR TO HSB 640)
                                  (COMPANION TO SF 2250 BY
                                   COMMITTEE ON TRANSPORTATION)
                            A BILL FOR
An Act relating to responsibilities of timber buyers and
  persons transporting timber, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
                                         TLSB 6317HV (1) 88
                                         js/ns
                               H.F. 2476
    Section 1. Section 456A.36, subsection 1, paragraphs b and
 c, Code 2020, are amended to read as follows:
    b. “Timber” means trees, standing or felled, and logs which
 can be used for sawing or processing into lumber for building
 or structural purposes or for the manufacture of an article.
 However, “timber” does not include firewood, Christmas trees,
 or fruit or ornamental trees or wood products not used or to
 be used for building, structural, manufacturing, or processing
 purposes.
    c. “Timber buyer” means a person engaged in the business of
 buying timber from the timber growers for sawing into lumber,
 for processing, or for resale, but does not include a person
 who occasionally purchases timber for sawing or processing
 for the person’s own use and not for resale. “Timber buyer”
 includes a person who contracts with a timber grower on a
 shared-profit basis to harvest timber from the timber grower’s
 land.
    Sec. 2. Section 456A.36, subsection 2, paragraph a,
 subparagraph (2), Code 2020, is amended to read as follows:
    (2) The principal amount of the bond shall be ten percent of
 the total amount paid to timber growers during the preceding
 year, plus ten percent of the total amount due or delinquent
 and unpaid to timber growers at the end of the preceding year,
 and ten percent of the market value of growers’ shares of
 timber harvested during the previous year. However, the total
 amount of the bond shall be not less than three twenty-five
 thousand dollars and not more than fifteen fifty thousand
 dollars.
    Sec. 3. Section 456A.36, subsection 3, Code 2020, is amended
 to read as follows:
    3. The following are violations of this section:
    a. For a timber buyer person to fail to pay, as agreed, for
 timber purchased.
    b. For a timber buyer person to cut or cause to be cut or
 appropriate timber not purchased.
                                           LSB 6317HV (1) 88
                               -1-         js/ns                 1/3
                               H.F. 2476
    c. For a timber buyer person to willfully make a false
 statement in connection with the bond or other information
 required to be given to the commission or a timber grower.
    d. For a timber buyer person to fail to honestly account to
 the timber grower or the commission for timber purchased or cut
 if the buyer person is under a duty to do so.
    e. For a timber buyer person to commit a fraudulent act in
 connection with the purchase or cutting of timber.
    f. For a timber buyer person engaged in the business of
 transporting timber to transport timber without written proof
 of ownership or the written consent of the owner a completed
 timber transport certificate. The timber transport certificate
 shall be on a form approved by the department. A person shall
 not be convicted of a violation of this paragraph if the person
 produces before or at the person’s trial a copy of the timber
 transport certificate, written proof of the vendor’s ownership
 of the timber, or written consent of the owner of the timber.
    g. For a person to purchase timber without obtaining,
 prior to taking possession of the timber, a copy of the timber
 transport certificate, written proof of the vendor’s ownership
 of the timber, or the written consent of the owner of the
 timber. The purchaser shall keep the copy of the timber
 transport certificate or written proof of ownership or consent
 on file for at least three months one year from the date the
 timber was released to the purchaser’s possession.
    Sec. 4. Section 456A.36, subsection 5, Code 2020, is amended
 by striking the subsection and inserting in lieu thereof the
 following:
    5. a. A person who engages in business as a timber buyer
 without filing a bond or surety with the commission is guilty
 of a serious misdemeanor.
    b. A person who engages in business as a timber buyer who
 refuses to permit inspection of premises, books, accounts, or
 records as provided in this section is guilty of a serious
 misdemeanor.
                                           LSB 6317HV (1) 88
                               -2-         js/ns                 2/3
                                        H.F. 2476
  c. A person who violates any of the provisions of this
section for which no other punishment is provided is guilty of
a serious misdemeanor.
                         EXPLANATION
         The inclusion of this explanation does not constitute agreement with
         the explanation’s substance by the members of the general assembly.
    This bill relates to responsibilities of timber buyers and
 persons engaged in the business of transporting timber.
    The bill amends the definition of “timber” to remove certain
 wood products from the exception to the definition. The
 bill amends the definition of “timber buyer” to remove the
 requirement that the person buys timber from a timber grower.
    Current law requires a timber buyer to file with the natural
 resource commission a surety bond that is not less than $3,000
 and not more than $15,000. The bill requires the surety bond
 to be for not less than $25,000 and not more than $50,000.
    The bill changes instances of “timber buyer” to “person” in
 the provision of Code section 456A.36 that lists violations
 of the Code section. The bill requires a person engaged in
 the business of transporting timber to possess a completed
 timber transport certificate, which shall be on a form approved
 by the department of natural resources. The bill requires
 a person taking possession of timber by purchase to first
 obtain a copy of the timber transport certificate, or written
 proof of ownership or consent of the owner as provided in
 current law. The bill makes a violation of timber buying
 or transporting practices for which no other punishment is
 provided a serious misdemeanor. A serious misdemeanor is
 punishable by confinement for no more than one year and a fine
 of at least $315 but not more than $1,875.
                                                        LSB 6317HV (1) 88
                                       -3-              js/ns                       3/3
Statutes affected: 
Introduced: 456A.36