Activities in the 2008 Legislative Session continue to revolve around the budget and funding issues. The budget proposed by the Governor for the Division of Forestry would include closing the two nurseries in the state and would affect other services. KFIA continues to urge members to let their legislators know the importance of keeping the nurseries to provide seedlings for planting in Kentucky and maintaining management assistance to private landowners.
Listed below are two important bills that affect the entire wood products industry in Kentucky. KFIA is working to make sure that if these bills move forward they will not have a bad affect on the wood industry and membership. Both bills have been introduced due to the increased concerns of timber theft.
House Bill 489 Introduced February 11 Creates a new section of KRS Chapter 364 to require contracts for sale of timber and specify contents, require notice to neighbors of timber cutting; require marking of cut timber prior to removal from property; specify duties of the Division of Forestry with regard to timber sales and theft; require a timber buyer to provide an accurate manifest of cut timber transported from the property; grant the Attorney General, Commonwealth's attorneys, and county attorneys jurisdiction in timber theft and timber damage cases; provide whistle blower protection to persons who report timber crimes; amend KRS 364.110 relating to defacing timber brand to add a provision relating to timber branded pursuant to this act; amend KRS 364.120 to update a section reference, amend KRS 364.990 relating to penalties to provide penalties for violation of new sections of this act; amend KRS 514.010 specifically include timber and trees as property which may be the subject of theft and provide specific measures of restitution including reimbursement of costs of investigation and prosecution.
This legislation would put a huge regulatory burden on both landowners and loggers and is opposed by KFIA. The Association has met with the bill sponsor who has changed the bill to drop the marking requirements for logs but still contains written timber sale requirements, notification and a number of increased regulations that will have little affect on the timber theft issue. The bill is assigned to the House Natural Resources Committee and it currently looks like it will not receive a hearing until adjustments are made to make it less regulatory.
Senate Bill 171 Introduced February 15 An Act relating to crimes and punishments that amends KRS 514.010 relating to definitions for theft offenses to create a definition for "timber"; amend KRS 514.030 relating to theft by unlawful taking to penalize theft of timber (regardless of the value of the timber) as a Class D felony; amend KRS 514.110 relating to receiving stolen property, to penalize possession of stolen timber (regardless of the value of the timber) as a Class D felony; amend KRS 514.130 relating to seizure and forfeiture of property used in theft offenses to add "heavy equipment."
KFIA has concerns with this bill and the current language that could cause problems and it is not clear that this will address the problem of not pursuing the cases through criminal prosecution. The legislation is assigned to the Senate Judiciary Committee and will have a very difficult time getting a hearing.
KFIA will keep membership updated on changes and any movement of House Bill 489 or Senate Bill 171. Our major concerns with these bills are that they do not address the current problem with timber theft that revolves primarily around a lack of enforcement of current laws on the books.
The major bills that are being followed by KFIA are listed in the members only section of the KFIA website under 2008 Legislation Session. The progress of the bills can be tracked closely and is updated on a regular basis. To access the members only section, enter ID # 5369 and password for the password.
Go to the LRC website at www.lrc.state.ky.us to see complete information on all legislation. You can contact and find your legislator from the LRC website or call 800-372-7181 to leave a message or 502-564-8100 to speak directly to your legislator. |
