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					 1 COMMITTEE REPORT
 2 February 24, 2004
 3
 4                                                          H. 4697
 5
 6   Introduced by Reps. Witherspoon, Rhoad, Hayes, Bailey, Battle,
 7   Coates, Davenport, Edge, Keegan, Leach, Limehouse, Loftis,
 8   McCraw and Stewart
 9
10   S. Printed 2/24/04--H.
11   Read the first time February 4, 2004.
12
13
14        THE COMMITTEE ON AGRICULTURE, NATURAL
15          RESOURCES AND ENVIRONMENTAL AFFAIRS
16      To whom was referred a Bill (H. 4697) to amend the Code of
17   Laws of South Carolina, 1976, by adding Section 48-23-265 so as
18   to provide that a person who purchases trees or forest products,
19   etc., respectfully
20                             REPORT:
21      That they have duly and carefully considered the same and
22   recommend that the same do pass with amendment:
23
24      Amend the bill, as and if amended, in Section 48-23-265 of the
25   1976 Code, as contained in SECTION 1, by striking subsections
26   (C), (D), and (E) and inserting:
27      / (C) Convictions in magistrate‟s court are punishable as
28   follows:
29        (1) for a first offense, if the value of the timber is five
30   hundred dollars or less, by a fine of not less than fifty dollars nor
31   more than two hundred dollars or by imprisonment for not more
32   than thirty days;
33        (2) for a first offense, if the value of the timber is more than
34   five hundred dollars but not greater than five thousand dollars, by a
35   fine of not less than three hundred dollars nor more than five
36   hundred dollars or by imprisonment for not more than thirty days;
37        (3) for a second or subsequent offense, if the value of the
38   timber is five hundred dollars or less, by a fine of two hundred
39   dollars or by imprisonment for not more than thirty days;
40        (4) for a second or subsequent offense, if the value of the
41   timber is more than five hundred dollars but not greater than five


     [4697-1]
 1   thousand dollars, by a fine of not more than five hundred dollars or
 2   by imprisonment for not more than thirty days or both;
 3      (5) the court shall also order restitution to the victim as a
 4   mandatory condition of the sentence imposed.
 5      (D) Convictions in the court of general sessions are punishable
 6   as follows:
 7        (1) for a first offense by a fine of not less than three hundred
 8   dollars nor more than one thousand dollars or by imprisonment for
 9   not more than two years, or both;
10        (2) for a second or subsequent offense by a fine of not less
11   than five hundred dollars nor more than two thousand dollars and
12   imprisonment for not less than thirty days nor more than ten years;
13        (3) the court shall also order restitution to the victim as a
14   mandatory condition of the sentence imposed. /
15      Renumber sections to conform.
16      Amend title to conform.
17
18   WILLIAM D. WITHERSPOON for Committee.
19




     [4697-2]
 1
 2
 3
 4
 5
 6
 7
 8
 9                                A BILL
10
11   TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
12   1976, BY ADDING SECTION 48-23-265 SO AS TO PROVIDE
13   THAT A PERSON WHO PURCHASES TREES OR FOREST
14   PRODUCTS DIRECTLY FROM A LANDOWNER FROM
15   LANDS IN THIS STATE MUST MAKE FULL PAYMENT TO
16   THE LANDOWNER IN THE MANNER PROVIDED IN THIS
17   SECTION, TO PROVIDE EXCEPTIONS, TO PROVIDE THAT
18   FAILURE TO REMIT PAYMENT AS REQUIRED SUBJECTS
19   THE VIOLATOR TO CRIMINAL PENALTIES FOR
20   VIOLATIONS, AND TO PROVIDE THAT WHERE THE
21   VALUE OF THE TIMBER EXCEEDS FIVE THOUSAND
22   DOLLARS, EQUIPMENT AND VEHICLES USED TO
23   ACQUIRE OR CUT THE TIMBER ARE SUBJECT TO
24   CONFISCATION AND FORFEITURE.
25
26   Be it enacted by the General Assembly of the State of South
27   Carolina:
28
29   SECTION 1. Chapter 23, Title 48 of the 1976 Code is amended
30   by adding:
31
32      “Section 48-23-265. (A)(1) A person who purchases trees or
33   forest products directly from a landowner from lands in South
34   Carolina, and has received payment for the forest products shall,
35   within forty-five days of the receipt, make payment in full to the
36   landowner.
37        (2) If the landowner has not received payment within the
38   required forty-five days, the landowner shall notify the purchaser
39   of his demand for payment at the purchaser‟s last known address
40   by certified mail or by personal delivery of the written notice to the
41   purchaser. It may be inferred that the purchaser intended to violate


     [4697]                            1
 1   the provisions of this section if he fails to make payment in full
 2   within ten days after receiving the notice.
 3        (3) This subsection shall not apply to a written agreement
 4   signed by the landowner and the purchaser providing for a means
 5   of payment contrary to this section.
 6      (B) If the value of the timber is five thousand dollars or less, a
 7   violation of this section is a misdemeanor and must be tried
 8   exclusively in magistrate‟s court. If the value of the timber is over
 9   five thousand dollars the violation is a felony and must be tried in
10   the court of general sessions.
11      (C) Convictions in magistrate‟s court are punishable as follows:
12        (1) for a first offense, if the value of the timber is five
13   hundred dollars or less, by a fine of not less than fifty dollars nor
14   more than two hundred dollars or by imprisonment for not more
15   than thirty days;
16        (2) for a first offense, if the value of the timber is more than
17   five hundred dollars but not greater than five thousand dollars, by a
18   fine of not less than three hundred dollars nor more than five
19   hundred dollars or by imprisonment for not more than thirty days;
20        (3) for a second or subsequent offense, if the value of the
21   timber is five hundred dollars or less, by a fine of two hundred
22   dollars or by imprisonment for not more than thirty days;
23        (4) for a second or subsequent offense, if the value of the
24   timber is more than five hundred dollars but not greater than five
25   thousand dollars, by a fine of not more than five hundred dollars or
26   by imprisonment for not more than thirty days or both.
27      (D) Convictions in the court of general sessions are punishable
28   as follows:
29        (1) for a first offense by a fine of not less than three hundred
30   dollars nor more than one thousand dollars or by imprisonment for
31   not more than two years, or both;
32        (2) for a second or subsequent offense by a fine of not less
33   than five hundred dollars nor more than two thousand dollars and
34   imprisonment for not less than thirty days nor more than ten years.
35      (E) After a first offense conviction, the court at the time of
36   sentence, shall suspend the imposition or execution of a sentence
37   upon a showing of satisfactory proof of restitution to the victim.
38   For a second or subsequent conviction for a violation of this
39   section, the suspension of the imposition or execution of the
40   sentence is discretionary with the court if restitution has been
41   made.
42      (F) In addition to penalties provided by this section, when the
43   value of timber involved in violation of this section exceeds five

     [4697]                            2
 1   thousand dollars, all motor vehicles, conveyances, tractors, trailers,
 2   watercraft, vessels, tolls, and equipment of any kind, used or
 3   positioned for use, in acquiring, cutting, harvesting,
 4   manufacturing, producing, processing, delivering, importing, or
 5   exporting the timber products are subject to confiscation and
 6   forfeiture pursuant to Section 16-13-177.
 7     (G) As used in this section, the term „conviction‟ shall include
 8   the entering of a guilty plea, the entering of a plea of nolo
 9   contendere, or the forfeiting of bail.”
10
11   SECTION 2. This act takes effect upon approval by the Governor.
12                            ----XX----
13




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