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Senate File 2250 - EnrolledAn Actrelating to responsibilities of timber buyers and
persons transporting timber, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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.
-1- 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.
-2- 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.
______________________________
CHARLES SCHNEIDERPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 2250, Eighty-eighth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2020______________________________
KIM REYNOLDSGovernorjs/ns
persons transporting timber, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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.
-1- 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.
-2- 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.
______________________________
CHARLES SCHNEIDERPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 2250, Eighty-eighth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2020______________________________
KIM REYNOLDSGovernorjs/ns