New York S 5439: Relates to establishing contractual requirements for logging agreements

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S05439 Summary:

BILL NOS05439 

&nbsp

SAME ASNo Same As

&nbsp

SPONSOROBERACKER

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §5-338, Gen Ob L

&nbsp

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

Go to top S05439 Actions:

BILL NOS05439 

&nbsp

02/21/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS05439 Committee&nbspVotes:

Go to topS05439 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05439 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5439

 2025-2026 Regular Sessions

 IN SENATE

 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:

 1 Section 1. The general obligations law is amended by adding a new
 2 section 5-338 to read as follows:
 3 § 5-338. Agreements involving logging and timber operations. 1. All
 4 timber operations shall be conducted under a written contract signed by
 5 both the property owner and the logger, or an authorized representative
 6 of the person, firm, entity or corporation conducting logging operations
 7 on the property.
 8 2. The contract shall include:
 9 (a) an equal split of proceeds from timber sales;
 10 (b) payment for each truckload of timber before any additional loads
 11 are removed; and
 12 (c) a detailed receipt for each load, specifying tree species and
 13 number of logs taken.
 14 3. (a) Payments under the contract shall be made by check to ensure a
 15 clear record of the transaction.
 16 (b) Property owners and loggers shall maintain records of all trans-
 17 actions, including sales of firewood, with receipts and logs detailing
 18 the timber removed.
 19 4. Any person, firm, entity or corporation conducting logging oper-
 20 ations shall be required to have a minimum of one million dollars in
 21 liability insurance. Documentation of such insurance policy shall be
 22 provided to the property owner before logging activities commence on the
 23 property.
 24 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

 S. 5439 2

 1 (a) cut tree-tops to no higher than three feet; and
 2 (b) repair any ruts, holes, or damage to logging trails, restoring
 3 them to a flat surface.
 4 6. A contract under this section shall permit a property owner or a
 5 designated representative to be present during logging operations to
 6 ensure contract compliance with any provisions of the contract. Such
 7 person shall have the authority to direct that logging operations cease
 8 if the terms of the contract are not being met.
 9 7. (a) Theft of timber, falsification of receipts, and failure to
 10 adhere to contract terms shall be considered theft under article one
 11 hundred fifty-five of the penal law.
 12 (b) A property owner shall be entitled to both civil and criminal
 13 remedies for any violations of a contract under this section, including
 14 restitution compensatory damages, and injunctive relief.
 15 (c) Any person, firm, entity or corporation who or which conducts
 16 logging operations on the property of another person without a contract
 17 shall be criminally liable for larceny under article one hundred fifty-
 18 five of the penal law.
 19 (d) Property owners shall maintain detailed records of all timber
 20 sales, including contracts, receipts, and communications with any
 21 person, firm, entity or corporation conducting logging operations on
 22 their property to support law enforcement investigations if necessary.
 23 § 2. This act shall take effect on the thirtieth day after it shall
 24 have become a law.

Go to top 

• 

 Sitemap 

 Request Information 

 Directions and Maps