C.__A person that violates this section after having been adjudicated as having committed 2 or more civil violations under this section within the previous 5-year period commits a Class E crime.

D.__In addition to the fines imposed in paragraph B, the court may order a person adjudicated to have violated this section to provide upon request to any forest ranger of the Department of Conservation, Bureau of Forestry copies of measurement tally sheets for subsequent harvest operations being conducted by the violator for a period not to exceed one year.

3.__Exemptions.__The following are exempt from this section:

A.__The Department of Transportation in the performance of activities under Title 23, section 701;

B.__Public utilities in maintaining adequate facilities in emergencies in compliance with Title 35-A, section 301; and

C.__Municipal employees, persons contracting with a municipality or other legitimate agents of a municipality acting within the course and scope of their employment or performing volunteer work for the municipality removing street trees or fallen trees or in emergencies.

SUMMARY

This bill requires that a copy of the measurement tally sheet or stumpage sheet for each truckload of harvested forest products transported to a handling or processing facility, in accordance with Title 10, section 2364-A, subsection 2-G, be provided to the landowner when the person conducting a harvest operation pays the landowner. Full payment for each truckload of harvested forest products transported to a handling or processing facility must be made to the landowner within 30 days of delivery.

The bill establishes a penalty of not less than $300 for the first offense and a fine of $500 for any subsequent offense within 5 years of the first offense. The bill also makes it a Class E crime if a person violates the section 2 or more times within 5 years.