Timber theft; theft, accounting, penalty. (HB2411)

Introduced By

Del. Les Adams (R-Chatham) with support from co-patron Del. Steve Landes (R-Weyers Cave)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Timber sales; theft; accounting; penalty. Provides that a person who buys and removes timber from a landowner's property is guilty of timber theft if he fails to pay the landowner by the date specified in their agreement or, if there is no written agreement, within 60 days of removing the timber. The bill provides that a person who is convicted of timber theft is guilty of a Class 1 misdemeanor and shall be ordered to pay three times the value of the timber removed in addition to any penalties imposed by the court. The bill provides that, following the passing of the payment deadline, a buyer's failure to pay within 10 days of receiving a demand for payment shall constitute prima facie evidence of the buyer's intent to violate the timber theft provision. An exception exists for a purchaser who made payment to a person he believed in good faith to be the rightful owner of the timber. The bill requires a timber buyer, in certain cases, to furnish at the request of the landowner an accounting of each load removed from the property, with all supporting documentation. A person who fails to provide such information, or who provides false information, is guilty of a Class 3 misdemeanor. The bill extends from 30 days to 90 days the period during which the owner of land on which a person encroached and cut timber has the right to notify such trespasser and to appoint a timber estimator to determine the amount of damages and directs the State Forester to assist landowners and law-enforcement agencies with regard to reported cases of timber theft. Finally, the bill excludes from the mandatory disclosure provisions of the Virginia Freedom of Information Act those records of the Department of Forestry that are composed of confidential commercial or financial information supplied to the Department in the course of a timber theft investigation. This bill is identical to SB 1469. Amends § 10.1-1105, § 55-332, of the Code of Virginia. Read the Bill »

Status

01/08/2019: Awaiting a Vote in the Agriculture, Chesapeake and Natural Resources Committee

History

DateAction
01/08/2019Committee
01/08/2019Prefiled and ordered printed; offered 01/09/19 19104121D
01/08/2019Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/10/2019Impact statement from VCSC (HB2411)
01/16/2019Assigned ACNR sub: Subcommittee #2
01/22/2019Impact statement from DPB (HB2411)
01/23/2019House subcommittee amendments and substitutes offered
01/23/2019Subcommittee recommends reporting with amendment (8-Y 0-N)
01/30/2019Reported from Agriculture, Chesapeake and Natural Resources with amendment (21-Y 0-N) (see vote tally)
01/31/2019Read first time
02/01/2019Read second time
02/01/2019Committee amendment agreed to
02/01/2019Engrossed by House as amended HB2411E
02/01/2019Printed as engrossed 19104121D-E
02/04/2019Impact statement from VCSC (HB2411E)
02/04/2019Read third time and passed House BLOCK VOTE (97-Y 0-N)
02/04/2019VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) (see vote tally)
02/04/2019Reconsideration of passage agreed to by House
02/04/2019Passed House BLOCK VOTE (99-Y 0-N)
02/04/2019VOTE: BLOCK VOTE PASSAGE #2 (99-Y 0-N) (see vote tally)
02/05/2019Constitutional reading dispensed
02/05/2019Referred to Committee on Agriculture, Conservation and Natural Resources
02/08/2019Impact statement from DPB (HB2411E)
02/14/2019Reported from Agriculture, Conservation and Natural Resources with substitite (10-Y 0-N) (see vote tally)
02/14/2019Committee substitute printed 19107005D-S1
02/14/2019Rereferred to Finance
02/18/2019Impact statement from DPB (HB2411S1)
02/18/2019Reported from Finance (16-Y 0-N) (see vote tally)
02/19/2019Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/20/2019Read third time
02/20/2019Reading of substitute waived
02/20/2019Committee substitute agreed to 19107005D-S1
02/20/2019Engrossed by Senate - committee substitute HB2411S1
02/20/2019Passed Senate with substitute (40-Y 0-N) (see vote tally)
02/21/2019Placed on Calendar
02/21/2019Senate substitute agreed to by House 19107005D-S1 (98-Y 0-N)
02/21/2019VOTE: ADOPTION (98-Y 0-N) (see vote tally)
02/23/2019Enrolled
02/23/2019Bill text as passed House and Senate (HB2411ER)
02/23/2019Signed by Speaker
02/23/2019Signed by President
02/26/2019Impact statement from DPB (HB2411ER)
02/26/2019Impact statement from VCSC (HB2411ER)
03/04/2019Enrolled Bill communicated to Governor on March 4, 2019
03/04/2019G Governor's Action Deadline Midnight, March 26, 2019
03/12/2019G Approved by Governor-Chapter 348 (effective 7/1/19)
03/12/2019G Acts of Assembly Chapter text (CHAP0348)

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