Bill Text: NY S05439 | 2025-2026 | General Assembly | Introduced

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Bill Title: Enacts provisions to protect property owners from timber theft; establishes contractual requirements for logging agreements.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-02-21 - REFERRED TO JUDICIARY [S05439 Detail]

Download: New_York-2025-S05439-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5439

                               2025-2026 Regular Sessions

                    IN SENATE

                                    February 21, 2025
                                       ___________

        Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary

        AN  ACT  to amend the general obligations law, in relation to protecting
          property  owners  from  timber  theft  and  establishing   contractual
          requirements for logging agreements

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general obligations law is  amended  by  adding  a  new
     2  section 5-338 to read as follows:
     3    §  5-338.  Agreements  involving logging and timber operations. 1. All
     4  timber operations shall be conducted under a written contract signed  by
     5  both  the property owner and the logger, or an authorized representative
     6  of the person, firm, entity or corporation conducting logging operations
     7  on the property.
     8    2. The contract shall include:
     9    (a) an equal split of proceeds from timber sales;
    10    (b) payment for each truckload of timber before any  additional  loads
    11  are removed; and
    12    (c)  a  detailed  receipt  for  each load, specifying tree species and
    13  number of logs taken.
    14    3. (a) Payments under the contract shall be made by check to ensure  a
    15  clear record of the transaction.
    16    (b)  Property  owners and loggers shall maintain records of all trans-
    17  actions, including sales of firewood, with receipts and  logs  detailing
    18  the timber removed.
    19    4.  Any  person,  firm, entity or corporation conducting logging oper-
    20  ations shall be required to have a minimum of  one  million  dollars  in
    21  liability  insurance.  Documentation  of  such insurance policy shall be
    22  provided to the property owner before logging activities commence on the
    23  property.
    24    5. A contract under this section shall require that the logger shall:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10109-01-5
        S. 5439                             2

     1    (a) cut tree-tops to no higher than three feet; and
     2    (b)  repair  any  ruts,  holes, or damage to logging trails, restoring
     3  them to a flat surface.
     4    6. A contract under this section shall permit a property  owner  or  a
     5  designated  representative  to  be  present during logging operations to
     6  ensure contract compliance with any provisions  of  the  contract.  Such
     7  person  shall have the authority to direct that logging operations cease
     8  if the terms of the contract are not being met.
     9    7. (a) Theft of timber, falsification  of  receipts,  and  failure  to
    10  adhere  to  contract  terms  shall be considered theft under article one
    11  hundred fifty-five of the penal law.
    12    (b) A property owner shall be entitled  to  both  civil  and  criminal
    13  remedies  for any violations of a contract under this section, including
    14  restitution compensatory damages, and injunctive relief.
    15    (c) Any person, firm, entity or  corporation  who  or  which  conducts
    16  logging  operations on the property of another person without a contract
    17  shall be criminally liable for larceny under article one hundred  fifty-
    18  five of the penal law.
    19    (d)  Property  owners  shall  maintain  detailed records of all timber
    20  sales,  including  contracts,  receipts,  and  communications  with  any
    21  person,  firm,  entity  or  corporation conducting logging operations on
    22  their property to support law enforcement investigations if necessary.
    23    § 2. This act shall take effect on the thirtieth day  after  it  shall
    24  have become a law.