§ 3605.
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§ 3605. Financial surety required for continued timber harvesting activities
(a)Under one or more of the following circumstances, a person shall not engage in timber harvesting activities for compensation unless the person satisfies the conditions of subsection
(b)of this section:
(1)The person was convicted of a second or subsequent violation of timber trespass under section 3606a of this title.
(2)The person is subject to two or more civil judgments under section 3606 of this title.
(3)The person is subject to the financial surety requirements of subsection 2029(e) of this title for land improvement fraud.
(4)The person was convicted of a combination of one or more violations of timber trespass and one or more occurrence of land improvement fraud.
(b)(1) A person subject to prohibition under subsection
(a)of this section may engage in timber harvesting activities for compensation if:
(A)the work is for a company or individual engaged in timber harvesting activities and the company or individual has not previously committed a violation under this section; the person and the management of the company or the individual are not a family member, a household member, or a current or prior business associate; and the person first notifies the company or individual of the conviction or civil judgment and notifies the Office of the Attorney General of the person’s current address and telephone number; the name, address, and telephone number of the company or individual for whom the person is going to work; and the date on which the person will start working for the company or individual; or
(B)the person notifies the Office of the Attorney General of the intent to engage in timber harvesting activities, has filed a surety bond or an irrevocable letter of credit with the Office in an amount of not less than $250,000.00, and pays on a regular basis all fees associated with maintaining such bond or letter of credit.
(2)As used in this subsection:
(A)“Business associate” means a person joined together with another person to achieve a common financial objective.
(B)“Family member” means a spouse, child, sibling, parent, next of kin, domestic partner, or legal guardian of a person.
(C)“Household member” means a person who, for any period of time, is living or has lived together, is sharing or has shared occupancy of a dwelling.
(c)The Office of the Attorney General shall release the letter of credit at such time when:
(1)any claims against the person relating to timber harvesting activities or land improvement fraud have been paid;
(2)there are no pending actions or claims against the person from the person’s timber harvesting activities or land improvement fraud; and
(3)the person has not been engaged in timber harvesting activities for at least six years and has signed an affidavit so attesting.
(d)A person who violates subsection
(b)of this section or subdivision 3606a(c)(1) of this title shall be imprisoned for not more than two years or fined not more than $1,000.00, or both. (Added 2023, No. 153 (Adj. Sess.), § 2, eff. July 1, 2024.)