HLS 19RS-296 ENGROSSED
2019 Regular Session
HOUSE BILL NO. 364
BY REPRESENTATIVE MCFARLAND
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FORESTRY: Provides relative to the harvest or sale of forest products
1 AN ACT
2To enact R.S. 3:4278.4, relative to the harvest or sale of forest products; to provide a time
3 frame for harvesters to remit payments to landowners; to provide for penalties; to
4 provide for definitions; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 3:4278.4 is hereby enacted to read as follows:
7 ยง4278.4. Harvest or sale of forest products; failure to remit payment to owner;
8 penalty
9 A. As used in this Section, the following terms shall have the following
10 meanings:
11 (1) "Forest product" means any tree, shrub, plant, or related vegetation, or
12 any part thereof.
13 (2) "Harvester" means a person, firm, company, corporation, or other legal
14 entity that harvests forest products.
15 (3) "Landowner" means any person, partnership, corporation, unincorporated
16 association, or other legal entity having any interest in any forest product, any land
17 upon which a forest product is growing, or any land from which a forest product has
18 been removed.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-296 ENGROSSED
HB NO. 364
1 B.(1) A harvester, contractually or at the behest of the landowner for purpose
2 of sale, who receives payment for a forest product shall remit payment in full to the
3 landowner within thirty days of receipt of payment for the sale of the forest product.
4 (2) If the landowner has not received payment within the required thirty
5 days, the landowner shall notify the harvester of the demand for payment at the
6 harvester's last known address by certified mail or by personal delivery of the written
7 notice to the harvester. If the harvester fails to remit payment in full within ten days
8 after receipt or personal delivery, it shall be presumptive evidence of his intent to
9 violate this Section.
10 C. A written agreement signed by the harvester providing for a means of
11 payment contrary to this Section shall constitute an affirmative defense.
12 D. Whoever violates this Section when the value of the forest product is five
13 hundred dollars or less shall be fined not more than one thousand dollars, or
14 imprisoned for not more than one year, or both. When the value of the forest product
15 is more than five hundred dollars, the violator shall be fined not more than five
16 thousand dollars, or imprisoned with or without hard labor for not more than ten
17 years, or both.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 364 Engrossed 2019 Regular Session McFarland
Abstract: Reinstates provisions of prior law requiring prompt payment for forest products
and changes terminology.
Prior law required a person who acquired forest products to pay the landowner in full within
30 days of receipt of payment for selling the products. Proposed law restores prior law.
Prior law required the landowner to send written notice demanding payment after the 30-day
window and allowed the offender 10 additional days to make the payment in full before
facing criminal penalties. Proposed law restores prior law.
Prior law provided that the criminal penalties are dependent upon the value of forest
products the offender took without paying the landowner. Proposed law restores prior law.
Proposed law changes the designation of prior law from Title 14 to Title 3 to include
proposed law with other forestry protection provisions.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-296 ENGROSSED
HB NO. 364
Proposed law makes a modification to prior law by changing references to the phrase
"person who acquires" and the terms "offender" and "buyer" to "harvester" and adds a
definition for "harvester".
Prior law provided that when the buyer violated prior law by a number of distinct acts, the
aggregate of the amount of the forest products determined the grade of the violation.
Proposed law does not restore prior law.
(Adds R.S. 3:4278.4)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Agriculture, Forestry,
Aquaculture, and Rural Development to the original bill:
1. Make technical changes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.