H. B. 4297


(By Delegates Stemple, Proudfoot and Williams)

[Introduced January 29, 2002; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact sections four and six, article one-b, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to timbering licenses; exempting certain noncommercial timber harvesting from licensure requirements; and clarifying notification requirements.

Be it enacted by the Legislature of West Virginia:
That sections four and six, article one-b, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 1B. SEDIMENT CONTROL DURING COMMERCIAL TIMBER HARVESTING OPERATIONS.
§19-1B-4. Timbering license required; requirement for license; exemption; annual fee; rules.

(a) After the first day of September, one thousand nine hundred ninety-two, no person may conduct timbering operations, purchase timber or buy logs for resale until he or she has obtained the license pursuant to this article from the division and met all other requirements pertaining to his or her timbering operation or other wood product business contained in this article: Provided, That individuals, severing or removing standing trees for sale occasionally, whether on their own property or the property of another, are specifically exempted from the licensure requirements of this section where the aggregate gross income realized for all sales within any calendar year of the logs, props, posts, firewood, rails or other product does not exceed fifteen thousand five hundred twenty-eight dollars.
(b) An applicant for a license shall submit an application on a form to be designed and provided by the director. A fee of fifty dollars shall be submitted with each application and with each annual renewal of the license. The application shall, at a minimum, contain the following information:
(1) Name, address and telephone number of the applicant, and if the applicant is a business entity other than a sole proprietor, the names and addresses of the principals, officers and resident agent of the business entity;
(2) The applicant's West Virginia business registration number or a copy of the current West Virginia business registration certificate. The division of forestry shall submit such this information and a list of all applicants to the tax commissioner each quarter of the calendar year to ensure compliance with payment of severance, income withholding and all other applicable state taxes; and
(3) Any other information required by the director.
(c) The director shall promulgate legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code which provide procedures by which a license may be acquired, suspended or revoked under this article. The Legislature expressly finds that such these legislative rules are the proper subject of emergency legislative rules which may be promulgated in accordance with the provision of section fifteen, article three, section twenty-nine-a of this code.
(d) The director shall prescribe a form providing the contents and manner of posting notice at the timbering operation. The notice shall include, at a minimum, the operator's name and license number.
§19-1B-6. Notification of duration of timbering operations or harvesting of timber for sale; requirements thereof.

(a) In addition to any other requirement of this article, no person may conduct timbering operations and no person may sever trees for sale unless the person notifies the director of the specific location on which the timbering operations or harvesting of timber are to be conducted. The notification shall be made in a manner designated by the director.
(1) The Persons who are specifically exempted from the licensure requirements of section four of this article shall provide to the director of the division notification of harvesting of timber, which shall include:
(A) The name and address of the harvester of timber;
(B) The name and addresses of the owner or owners of the property upon which the timber is located;
(C) The business tax number or social security number of the harvester of timber; and
(D) An acknowledgment that the harvester of timber will conduct the harvest according to best management practices.
(2) The Persons who are subject to the licensure requirements of section four of this article shall provide to the director of the division notification of timbering operations, which shall include, at a minimum, the following:
(A) The specific topographic location where the timbering operations are to be conducted;
(B) The approximate dates that the timbering operation will begin and end;
(C) The approximate acreage over which timbering operations are contemplated;
(D) The names and addresses of the owner or owners of the timber to be harvested and, if different, the names and addresses of the owner or owners of the property upon which the timber is located;
(E) A sketch map of the proposed logging operation, including haul roads, landings and stream crossings;
(F) A description of the sediment control practices to be used by the logger during the timber harvesting operation;
(G) An acknowledgment that the operator will conduct the operations in compliance with the provisions of this article and any applicable rules promulgated pursuant to this article;
(H) A certification satisfactory to the director that all permits required under state law have been obtained or applied for and that all pertinent requirements for obtaining any permit applied for, but not yet obtained, have been complied with; and
(I) The name or names of the person or persons who will be supervising the timbering operations at the site of the operations and his or her logger certification numbers.
(b) The notification shall be made within at least three days of prior to the beginning of the operation.
(c) Further notice shall be given if the operation is to be, for any reason, closed more than seven days before the estimated date for closing provided under paragraph (B), subdivision (2), subsection (a) of this section.



NOTE: The purpose of this bill is to exempt certain noncommercial timber harvesting from licensure requirements and to clarify notification requirements.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

 This bill is recommended by the Forest Management Review Commission for passage during the 2002 Regular Session of the Legislature.