Senate Bill S5439

2025-2026 Legislative Session

Relates to establishing contractual requirements for logging agreements

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2025-S5439 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L

2025-S5439 (ACTIVE) - Summary

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

2025-S5439 (ACTIVE) - Sponsor Memo

2025-S5439 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5439
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. The general obligations law is  amended  by  adding  a  new
 section 5-338 to read as follows:
   §  5-338.  AGREEMENTS  INVOLVING LOGGING AND TIMBER OPERATIONS. 1. ALL
 TIMBER OPERATIONS SHALL BE CONDUCTED UNDER A WRITTEN CONTRACT SIGNED  BY
 BOTH  THE PROPERTY OWNER AND THE LOGGER, OR AN AUTHORIZED REPRESENTATIVE
 OF THE PERSON, FIRM, ENTITY OR CORPORATION CONDUCTING LOGGING OPERATIONS
 ON THE PROPERTY.
   2. THE CONTRACT SHALL INCLUDE:
   (A) AN EQUAL SPLIT OF PROCEEDS FROM TIMBER SALES;
   (B) PAYMENT FOR EACH TRUCKLOAD OF TIMBER BEFORE ANY  ADDITIONAL  LOADS
 ARE REMOVED; AND
   (C)  A  DETAILED  RECEIPT  FOR  EACH LOAD, SPECIFYING TREE SPECIES AND
 NUMBER OF LOGS TAKEN.
   3. (A) PAYMENTS UNDER THE CONTRACT SHALL BE MADE BY CHECK TO ENSURE  A
 CLEAR RECORD OF THE TRANSACTION.
   (B)  PROPERTY  OWNERS AND LOGGERS SHALL MAINTAIN RECORDS OF ALL TRANS-
 ACTIONS, INCLUDING SALES OF FIREWOOD, WITH RECEIPTS AND  LOGS  DETAILING
 THE TIMBER REMOVED.
   4.  ANY  PERSON,  FIRM, ENTITY OR CORPORATION CONDUCTING LOGGING OPER-
 ATIONS SHALL BE REQUIRED TO HAVE A MINIMUM OF  ONE  MILLION  DOLLARS  IN
 LIABILITY  INSURANCE.  DOCUMENTATION  OF  SUCH INSURANCE POLICY SHALL BE
 PROVIDED TO THE PROPERTY OWNER BEFORE LOGGING ACTIVITIES COMMENCE ON THE
 PROPERTY.
   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

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