Bill Text: IA SF2250 | 2019-2020 | 88th General Assembly | Enrolled
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-Enrolled.html
Senate
File
2250
-
Enrolled
Senate
File
2250
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:
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
Senate
File
2250,
p.
2
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.
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
Senate
File
2250,
p.
3
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.
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
SCHNEIDER
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
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
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2020
______________________________
KIM
REYNOLDS
Governor
