sb329.html

05 LC 25 3943

Senate Bill 329

By: Senators Heath of the 31st and Hamrick of the 30th

A BILL TO BE ENTITLED
AN ACT

To amend Part 1A of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to wood removal requirements, so as to provide definitions; to require certain buyers of timber to maintain a bond; to provide for the terms and conditions of such bonds; to provide for actions on such bonds; to provide for penalties; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Part 1A of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to wood removal requirements, is amended by adding a new Code section to read as follows:

"12-6-25.

(a) As used in this Code section, the term:

(1) 'Buyer' means any person, partnership, limited liability company, corporation, or other entity purchasing timber directly from the landowner from lands in this state on which such timber is grown. Such term shall not include a landowner harvesting and processing his or her own timber.

(2) 'Purchase timber' shall not include the purchase of Christmas trees, wood for firewood only, or trees to be transplanted for residential or commercial landscaping.

(b) It shall be unlawful for a buyer to purchase timber in this state apart from the land on which it is growing unless:

(1) Such buyer has on file with the commission a bond in the amount of $100,000.00 with a surety company duly authorized to do business in this state and payable to the State Forestry Commission for the use and benefit of any landowner selling timber to such buyer, and such bond shall be conditioned to pay all loss, damages, and expenses that may be sustained by such landowner by reason of any fraudulent misrepresentation, deceptive practice, unfair practice, failure to pay for the timber, or breach of contract. The bond shall be approved by the commission as to form and as to the solvency of the surety. No buyer shall cancel, or cause to be canceled, a bond required by this Code section unless the commission is informed in writing by a certified letter or statutory overnight delivery at least 30 days prior to the proposed cancellation. The commission or any landowner aggrieved by a violation of this Code section, breach of contract, or failure to pay for timber purchased from the landowner may bring an action on such bond in any court in this state with jurisdiction to enforce the terms and conditions of such bond; and

(2) The contract for the purchase of such timber is in writing, is signed by the parties, and contains a statement listing the name, address, and telephone number of the surety on the buyer´s bond.

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.