2003 - 2004 LEGISLATURE
March 31, 2003 - Introduced by Representatives Pettis, Krawczyk, Lassa, Musser,
Hebl, Hines, Ott, Loeffelholz, Gard, Bies, Gunderson, Albers and
Ainsworth, cosponsored by Senators A. Lasee, Breske and Roessler.
Referred to Committee on Forestry.
AB235,1,3
1An Act to amend 26.05 (3) (b) and 26.05 (3) (c); and
to create 26.04, 26.05 (2m)
2and 26.05 (3) (bn) of the statutes;
relating to: failure to pay owners of raw
3forest products and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from cutting or removing timber or other forest
products without the consent of the owner of the forest products. A person who
violates this provision is subject to a forfeiture or, if the violation is intentional, the
person may be punished for theft.
This bill also prohibits a person who enters into a contract with the owner of raw
forest products to cut or remove those products from failing to pay the total amount
of compensation required by the contract. Under the bill, a person who violates this
provision is subject to a forfeiture and, if the failure to pay was with the intent to
defraud the owner of the products, to the penalties for theft.
The bill also provides that, if a court enters a judgment in a civil action to
recover the amount of compensation due under a contract to cut or remove raw forest
products, the court must also award court costs and reasonable attorney fees to the
successful party if the unsuccessful party, before commencement of the action,
unreasonably refused to pay a demand for damages or to accept an offer of payment
for damages.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB235, s. 1
1Section
1. 26.04 of the statutes is created to read:
AB235,2,7
226.04 Recovery of costs under timber contracts. Notwithstanding s.
3814.04, if a court enters a judgment in a civil action to recover the amount of any
4compensation due under a contract to cut, remove, or transport raw forest products,
5the court shall also award the successful party court costs and reasonable attorney
6fees if the unsuccessful party, before the commencement of the action, unreasonably
7refused to pay a demand for damages or to accept an offer of payment for damages
.
AB235, s. 2
8Section
2. 26.05 (2m) of the statutes is created to read:
AB235,2,139
26.05
(2m) Payment to owner required. No person who entered into a contract
10with the owner of raw forest products under which the person received the owner's
11consent to cut, remove, or transport the raw forest products may fail to pay to the
12owner the total amount of any compensation for the raw forest products as agreed
13upon under the contract.
AB235, s. 3
14Section
3. 26.05 (3) (b) of the statutes is amended to read:
AB235,2,1715
26.05
(3) (b) Instead of the forfeiture provided under par. (a), a person who
16intentionally violates
this section sub. (2), or a rule promulgated under
this section 17sub. (2), may be punished under s. 943.20 for theft.
AB235, s. 4
18Section
4. 26.05 (3) (bn) of the statutes is created to read:
AB235,2,2119
26.05
(3) (bn) Instead of the forfeiture provided under par. (a), a person who
20fails to pay for raw forest products under sub. (2m), with intent to defraud the owner
21of the raw forest products, may be penalized as provided under s. 943.20 (3).
AB235, s. 5
1Section
5. 26.05 (3) (c) of the statutes is amended to read:
AB235,3,52
26.05
(3) (c) In addition to any other penalty, a person who violates this section,
3or a rule promulgated under
this section sub. (2), is liable for the reasonable costs
4incurred to establish the volume and value of the raw forest products cut, removed
5or transported.
AB235,3,87
(1) This act first applies to acts committed on the effective date of this
8subsection.
