Bill Text: IA SF2250 | 2019-2020 | 88th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to responsibilities of timber buyers and persons transporting timber, and providing penalties. (Formerly SSB 3107.) Effective date: 07/01/2020.
Spectrum: Committee Bill
Status: (Passed) 2020-03-12 - Signed by Governor. S.J. 615. [SF2250 Detail]
Download: Iowa-2019-SF2250-Introduced.html
Bill Title: A bill for an act relating to responsibilities of timber buyers and persons transporting timber, and providing penalties. (Formerly SSB 3107.) Effective date: 07/01/2020.
Spectrum: Committee Bill
Status: (Passed) 2020-03-12 - Signed by Governor. S.J. 615. [SF2250 Detail]
Download: Iowa-2019-SF2250-Introduced.html
Senate
File
2250
-
Introduced
SENATE
FILE
2250
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SSB
3107)
A
BILL
FOR
An
Act
relating
to
responsibilities
of
timber
buyers
and
1
persons
transporting
timber,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2250
Section
1.
Section
456A.36,
subsection
1,
paragraphs
b
and
1
c,
Code
2020,
are
amended
to
read
as
follows:
2
b.
“Timber”
means
trees,
standing
or
felled,
and
logs
which
3
can
be
used
for
sawing
or
processing
into
lumber
for
building
4
or
structural
purposes
or
for
the
manufacture
of
an
article.
5
However,
“timber”
does
not
include
firewood,
Christmas
trees,
6
or
fruit
or
ornamental
trees
or
wood
products
not
used
or
to
7
be
used
for
building,
structural,
manufacturing,
or
processing
8
purposes
.
9
c.
“Timber
buyer”
means
a
person
engaged
in
the
business
of
10
buying
timber
from
the
timber
growers
for
sawing
into
lumber,
11
for
processing,
or
for
resale,
but
does
not
include
a
person
12
who
occasionally
purchases
timber
for
sawing
or
processing
13
for
the
person’s
own
use
and
not
for
resale.
“Timber
buyer”
14
includes
a
person
who
contracts
with
a
timber
grower
on
a
15
shared-profit
basis
to
harvest
timber
from
the
timber
grower’s
16
land.
17
Sec.
2.
Section
456A.36,
subsection
2,
paragraph
a,
18
subparagraph
(2),
Code
2020,
is
amended
to
read
as
follows:
19
(2)
The
principal
amount
of
the
bond
shall
be
ten
percent
of
20
the
total
amount
paid
to
timber
growers
during
the
preceding
21
year,
plus
ten
percent
of
the
total
amount
due
or
delinquent
22
and
unpaid
to
timber
growers
at
the
end
of
the
preceding
year,
23
and
ten
percent
of
the
market
value
of
growers’
shares
of
24
timber
harvested
during
the
previous
year.
However,
the
total
25
amount
of
the
bond
shall
be
not
less
than
three
twenty-five
26
thousand
dollars
and
not
more
than
fifteen
fifty
thousand
27
dollars.
28
Sec.
3.
Section
456A.36,
subsection
3,
Code
2020,
is
amended
29
to
read
as
follows:
30
3.
The
following
are
violations
of
this
section
:
31
a.
For
a
timber
buyer
person
to
fail
to
pay,
as
agreed,
for
32
timber
purchased.
33
b.
For
a
timber
buyer
person
to
cut
or
cause
to
be
cut
or
34
appropriate
timber
not
purchased.
35
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c.
For
a
timber
buyer
person
to
willfully
make
a
false
1
statement
in
connection
with
the
bond
or
other
information
2
required
to
be
given
to
the
commission
or
a
timber
grower.
3
d.
For
a
timber
buyer
person
to
fail
to
honestly
account
to
4
the
timber
grower
or
the
commission
for
timber
purchased
or
cut
5
if
the
buyer
person
is
under
a
duty
to
do
so.
6
e.
For
a
timber
buyer
person
to
commit
a
fraudulent
act
in
7
connection
with
the
purchase
or
cutting
of
timber.
8
f.
For
a
timber
buyer
person
engaged
in
the
business
of
9
transporting
timber
to
transport
timber
without
written
proof
10
of
ownership
or
the
written
consent
of
the
owner
a
completed
11
timber
transport
certificate.
The
timber
transport
certificate
12
shall
be
on
a
form
approved
by
the
department.
A
person
shall
13
not
be
convicted
of
a
violation
of
this
paragraph
if
the
person
14
produces
before
or
at
the
person’s
trial
a
copy
of
the
timber
15
transport
certificate,
written
proof
of
the
vendor’s
ownership
16
of
the
timber,
or
written
consent
of
the
owner
of
the
timber
.
17
g.
For
a
person
to
purchase
timber
without
obtaining,
18
prior
to
taking
possession
of
the
timber,
a
copy
of
the
timber
19
transport
certificate,
written
proof
of
the
vendor’s
ownership
20
of
the
timber
,
or
the
written
consent
of
the
owner
of
the
21
timber.
The
purchaser
shall
keep
the
copy
of
the
timber
22
transport
certificate
or
written
proof
of
ownership
or
consent
23
on
file
for
at
least
three
months
one
year
from
the
date
the
24
timber
was
released
to
the
purchaser’s
possession.
25
Sec.
4.
Section
456A.36,
subsection
5,
Code
2020,
is
amended
26
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
27
following:
28
5.
a.
A
person
who
engages
in
business
as
a
timber
buyer
29
without
filing
a
bond
or
surety
with
the
commission
is
guilty
30
of
a
serious
misdemeanor.
31
b.
A
person
who
engages
in
business
as
a
timber
buyer
who
32
refuses
to
permit
inspection
of
premises,
books,
accounts,
or
33
records
as
provided
in
this
section
is
guilty
of
a
serious
34
misdemeanor.
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c.
A
person
who
violates
any
of
the
provisions
of
this
1
section
for
which
no
other
punishment
is
provided
is
guilty
of
2
a
serious
misdemeanor.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
responsibilities
of
timber
buyers
and
7
persons
engaged
in
the
business
of
transporting
timber.
8
The
bill
amends
the
definition
of
“timber”
to
remove
certain
9
wood
products
from
the
exception
to
the
definition.
The
10
bill
amends
the
definition
of
“timber
buyer”
to
remove
the
11
requirement
that
the
person
buys
timber
from
a
timber
grower.
12
Current
law
requires
a
timber
buyer
to
file
with
the
natural
13
resource
commission
a
surety
bond
that
is
not
less
than
$3,000
14
and
not
more
than
$15,000.
The
bill
requires
the
surety
bond
15
to
be
for
not
less
than
$25,000
and
not
more
than
$50,000.
16
The
bill
changes
instances
of
“timber
buyer”
to
“person”
in
17
the
provision
of
Code
section
456A.36
that
lists
violations
18
of
the
Code
section.
The
bill
requires
a
person
engaged
in
19
the
business
of
transporting
timber
to
possess
a
completed
20
timber
transport
certificate,
which
shall
be
on
a
form
approved
21
by
the
department
of
natural
resources.
The
bill
requires
22
a
person
taking
possession
of
timber
by
purchase
to
first
23
obtain
a
copy
of
the
timber
transport
certificate,
or
written
24
proof
of
ownership
or
consent
of
the
owner
as
provided
in
25
current
law.
The
bill
makes
a
violation
of
timber
buying
26
or
transporting
practices
for
which
no
other
punishment
is
27
provided
a
serious
misdemeanor.
A
serious
misdemeanor
is
28
punishable
by
confinement
for
no
more
than
one
year
and
a
fine
29
of
at
least
$315
but
not
more
than
$1,875.
30
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