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Senate File 2250 - IntroducedA Bill ForAn Act 1relating to responsibilities of timber buyers and
2persons transporting timber, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 456A.36, subsection 1, paragraphs b and
2c, Code 2020, are amended to read as follows:
3b. “Timber” means trees, standing or felled, and logs which
4can be used for sawing or processing into lumber for building
5or structural purposes or for the manufacture of an article.
6However, “timber” does not include firewood, Christmas trees,
7or fruit or ornamental trees or wood products not used or to
8be used for building, structural, manufacturing, or processing
9purposes.
10c. “Timber buyer” means a person engaged in the business of
11buying timber from the timber growers for sawing into lumber,
12for processing, or for resale, but does not include a person
13who occasionally purchases timber for sawing or processing
14for the person’s own use and not for resale. “Timber buyer”
15includes a person who contracts with a timber grower on a
16shared-profit basis to harvest timber from the timber grower’s
17land.
18 Sec. 2. Section 456A.36, subsection 2, paragraph a,
19subparagraph (2), Code 2020, is amended to read as follows:
20(2) The principal amount of the bond shall be ten percent of
21the total amount paid to timber growers during the preceding
22year, plus ten percent of the total amount due or delinquent
23and unpaid to timber growers at the end of the preceding year,
24and ten percent of the market value of growers’ shares of
25timber harvested during the previous year. However, the total
26amount of the bond shall be not less than three twenty-five
27 thousand dollars and not more than fifteen fifty thousand
28dollars.
29 Sec. 3. Section 456A.36, subsection 3, Code 2020, is amended
30to read as follows:
313. The following are violations of this section:
32a. For a timber buyer person to fail to pay, as agreed, for
33timber purchased.
34b. For a timber buyer person to cut or cause to be cut or
35appropriate timber not purchased.
-1- 1c. For a timber buyer person to willfully make a false
2statement in connection with the bond or other information
3required to be given to the commission or a timber grower.
4d. For a timber buyer person to fail to honestly account to
5the timber grower or the commission for timber purchased or cut
6if the buyer person is under a duty to do so.
7e. For a timber buyer person to commit a fraudulent act in
8connection with the purchase or cutting of timber.
9f. For a timber buyer person engaged in the business of
10transporting timber to transport timber without written proof
11of ownership or the written consent of the owner a completed
12timber transport certificate. The timber transport certificate
13shall be on a form approved by the department. A person shall
14not be convicted of a violation of this paragraph if the person
15produces before or at the person’s trial a copy of the timber
16transport certificate, written proof of the vendor’s ownership
17of the timber, or written consent of the owner of the timber.
18g. For a person to purchase timber without obtaining,
19prior to taking possession of the timber, a copy of the timber
20transport certificate, written proof of the vendor’s ownership
21of the timber, or the written consent of the owner of the
22timber. The purchaser shall keep the copy of the timber
23transport certificate or written proof of ownership or consent
24on file for at least three months one year from the date the
25timber was released to the purchaser’s possession.
26 Sec. 4. Section 456A.36, subsection 5, Code 2020, is amended
27by striking the subsection and inserting in lieu thereof the
28following:
295. a. A person who engages in business as a timber buyer
30without filing a bond or surety with the commission is guilty
31of a serious misdemeanor.
32b. A person who engages in business as a timber buyer who
33refuses to permit inspection of premises, books, accounts, or
34records as provided in this section is guilty of a serious
35misdemeanor.
-2- 1c. A person who violates any of the provisions of this
2section for which no other punishment is provided is guilty of
3a serious misdemeanor.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to responsibilities of timber buyers and
8persons engaged in the business of transporting timber.
9The bill amends the definition of “timber” to remove certain
10wood products from the exception to the definition. The
11bill amends the definition of “timber buyer” to remove the
12requirement that the person buys timber from a timber grower.
13Current law requires a timber buyer to file with the natural
14resource commission a surety bond that is not less than $3,000
15and not more than $15,000. The bill requires the surety bond
16to be for not less than $25,000 and not more than $50,000.
17The bill changes instances of “timber buyer” to “person” in
18the provision of Code section 456A.36 that lists violations
19of the Code section. The bill requires a person engaged in
20the business of transporting timber to possess a completed
21timber transport certificate, which shall be on a form approved
22by the department of natural resources. The bill requires
23a person taking possession of timber by purchase to first
24obtain a copy of the timber transport certificate, or written
25proof of ownership or consent of the owner as provided in
26current law. The bill makes a violation of timber buying
27or transporting practices for which no other punishment is
28provided a serious misdemeanor. A serious misdemeanor is
29punishable by confinement for no more than one year and a fine
30of at least $315 but not more than $1,875.
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2persons transporting timber, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 456A.36, subsection 1, paragraphs b and
2c, Code 2020, are amended to read as follows:
3b. “Timber” means trees, standing or felled, and logs which
4can be used for sawing or processing into lumber for building
5or structural purposes or for the manufacture of an article.
6However, “timber” does not include firewood, Christmas trees,
7or fruit or ornamental trees or wood products not used or to
8be used for building, structural, manufacturing, or processing
9purposes.
10c. “Timber buyer” means a person engaged in the business of
11buying timber from the timber growers for sawing into lumber,
12for processing, or for resale, but does not include a person
13who occasionally purchases timber for sawing or processing
14for the person’s own use and not for resale. “Timber buyer”
15includes a person who contracts with a timber grower on a
16shared-profit basis to harvest timber from the timber grower’s
17land.
18 Sec. 2. Section 456A.36, subsection 2, paragraph a,
19subparagraph (2), Code 2020, is amended to read as follows:
20(2) The principal amount of the bond shall be ten percent of
21the total amount paid to timber growers during the preceding
22year, plus ten percent of the total amount due or delinquent
23and unpaid to timber growers at the end of the preceding year,
24and ten percent of the market value of growers’ shares of
25timber harvested during the previous year. However, the total
26amount of the bond shall be not less than three twenty-five
27 thousand dollars and not more than fifteen fifty thousand
28dollars.
29 Sec. 3. Section 456A.36, subsection 3, Code 2020, is amended
30to read as follows:
313. The following are violations of this section:
32a. For a timber buyer person to fail to pay, as agreed, for
33timber purchased.
34b. For a timber buyer person to cut or cause to be cut or
35appropriate timber not purchased.
-1- 1c. For a timber buyer person to willfully make a false
2statement in connection with the bond or other information
3required to be given to the commission or a timber grower.
4d. For a timber buyer person to fail to honestly account to
5the timber grower or the commission for timber purchased or cut
6if the buyer person is under a duty to do so.
7e. For a timber buyer person to commit a fraudulent act in
8connection with the purchase or cutting of timber.
9f. For a timber buyer person engaged in the business of
10transporting timber to transport timber without written proof
11of ownership or the written consent of the owner a completed
12timber transport certificate. The timber transport certificate
13shall be on a form approved by the department. A person shall
14not be convicted of a violation of this paragraph if the person
15produces before or at the person’s trial a copy of the timber
16transport certificate, written proof of the vendor’s ownership
17of the timber, or written consent of the owner of the timber.
18g. For a person to purchase timber without obtaining,
19prior to taking possession of the timber, a copy of the timber
20transport certificate, written proof of the vendor’s ownership
21of the timber, or the written consent of the owner of the
22timber. The purchaser shall keep the copy of the timber
23transport certificate or written proof of ownership or consent
24on file for at least three months one year from the date the
25timber was released to the purchaser’s possession.
26 Sec. 4. Section 456A.36, subsection 5, Code 2020, is amended
27by striking the subsection and inserting in lieu thereof the
28following:
295. a. A person who engages in business as a timber buyer
30without filing a bond or surety with the commission is guilty
31of a serious misdemeanor.
32b. A person who engages in business as a timber buyer who
33refuses to permit inspection of premises, books, accounts, or
34records as provided in this section is guilty of a serious
35misdemeanor.
-2- 1c. A person who violates any of the provisions of this
2section for which no other punishment is provided is guilty of
3a serious misdemeanor.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to responsibilities of timber buyers and
8persons engaged in the business of transporting timber.
9The bill amends the definition of “timber” to remove certain
10wood products from the exception to the definition. The
11bill amends the definition of “timber buyer” to remove the
12requirement that the person buys timber from a timber grower.
13Current law requires a timber buyer to file with the natural
14resource commission a surety bond that is not less than $3,000
15and not more than $15,000. The bill requires the surety bond
16to be for not less than $25,000 and not more than $50,000.
17The bill changes instances of “timber buyer” to “person” in
18the provision of Code section 456A.36 that lists violations
19of the Code section. The bill requires a person engaged in
20the business of transporting timber to possess a completed
21timber transport certificate, which shall be on a form approved
22by the department of natural resources. The bill requires
23a person taking possession of timber by purchase to first
24obtain a copy of the timber transport certificate, or written
25proof of ownership or consent of the owner as provided in
26current law. The bill makes a violation of timber buying
27or transporting practices for which no other punishment is
28provided a serious misdemeanor. A serious misdemeanor is
29punishable by confinement for no more than one year and a fine
30of at least $315 but not more than $1,875.
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