Intrastate transportation of forest products by nonresidents

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§8006. Intrastate transportation of forest products by nonresidents

1.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.  

A. "Forest land" has the same meaning as in Title 36, section 573, subsection 3.   [PL 2021, c. 280, §6 (NEW).]

B. "Forest products" has the same meaning as in section 8881, subsection 3.   [PL 2021, c. 280, §6 (NEW).]

C. "Landowner" means a person that owns 50,000 acres or more of forest land in this State.   [PL 2021, c. 280, §6 (NEW).]

D. "Motor carrier" means a contract carrier, a common carrier or a private carrier of property by motor vehicle.   [PL 2021, c. 280, §6 (NEW).]

E. "Resident of the United States" does not include a person eligible to be in the United States under the United States H-2A visa program.   [PL 2021, c. 280, §6 (NEW).]

[PL 2021, c. 280, §6 (NEW).]

2.  Prohibition; landowner.  A landowner may not hire, or contract with a person to hire, a motor carrier to transport forest products that are harvested from the landowner's land from a location in the State to another location in the State unless the motor carrier is operated by a resident of the United States.  

A landowner who violates this subsection commits a civil violation and is subject to a penalty of $1,000 for the first violation, $10,000 for the 2nd violation and $25,000 for the 3rd and any subsequent violation.  

[PL 2021, c. 280, §6 (NEW).]

3.  Prohibition; motor carrier.  A motor carrier may not transport forest products that are harvested from a landowner's land from a location in the State to another location in the State unless the motor carrier is operated by a resident of the United States.  

A motor carrier who violates this subsection commits a civil violation and is subject to a penalty of $1,000 for the first violation, $2,500 for the 2nd violation and $10,000 for the 3rd and any subsequent violation.  

[PL 2021, c. 280, §6 (NEW).]

4.  Disposition of fines.  Notwithstanding any law to the contrary, fines collected pursuant to this section may be retained by the bureau and used to assist with the enforcement of this section.  

[PL 2021, c. 280, §6 (NEW).]

5.  Enforcement; notification.  Violations of this section are enforced in the same manner as provided in section 8307. The director shall notify the State Tax Assessor and municipal property tax assessors of any violation by a landowner under this section.  

[PL 2021, c. 280, §6 (NEW).]

SECTION HISTORY

PL 2021, c. 280, §6 (NEW).


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