Reference is to the bill as introduced.
Amend the bill, as and if amended, Section 50-11-740, as contained in SECTION 1, by inserting / or subsequent / after / third / on line 1, page 3.
When amended, Section 50-11-740 shall read:
/"Section 50-11-740. Every vehicle,
boat, trailer, other means of conveyance, animal,
and firearm, or device used in the
hunting of deer or bear at night, or used in connection with a
violation of Section 50-11-710, is forfeited to the State and
must be confiscated seized by any peace
officer who shall forthwith deliver it to the department.
'Hunting' as used in this section in
reference to a vehicle, boat, or other means of conveyance
includes the transportation of a hunter to or from the place of
hunting or the transportation of the carcass, or any part of the
carcass, of a deer, bear, coyote, armadillo, or feral hog which
has been unlawfully killed at night.
For purposes of this section, a conviction
for unlawfully hunting deer, bear, coyote, armadillo, or feral
hog at night is conclusive as against any
convicted owner of the above-mentioned
property.
In all other instances, forfeiture must be
accomplished by the initiation by the State of an action in the
circuit court in the county in which the property was seized
giving notice to owners of record and lienholders of record or
other persons having claimed an interest in the property subject
to forfeiture and an opportunity to appear and show, if they
can, why the property should not be forfeited and disposed of as
provided for by this section. Failure of any person claiming an
interest in the property to appear at the above proceeding after
having been given notice of the proceeding constitutes a waiver
of his claim and the property must be immediately forfeited to
the State.
Notice of the above proceedings must be
accomplished by:
(a)
personal service of the owner of record or lienholder of
record by certified copy of the petition or notice of hearing
or;
(b)
in the case of property for which there is no owner or
lienholder of record, publication of notice in a newspaper of
local circulation in the county where the property was seized
for at least two successive weeks before the hearing.
The department shall sell any confiscated
device at public auction for cash to the highest bidder in front
of the county courthouse in the county where it is confiscated,
after having given ten days' public notice of the sale by
posting advertisement thereof on the door or bulletin board of
the county courthouse or by publishing the advertisement at
least once in a newspaper of general circulation in the county.
Upon sale, the department shall pay over the net proceeds, after
payment of the proper costs and expenses, if any, of the
seizure, advertisement, and sale, including any proper expense
incurred for the storage of the confiscated device, to the State
Treasurer for deposit in the Fish and Wildlife Protection Fund.
When If an individual is apprehended for a
first offense and the device is of greater value than
one two thousand five hundred
dollars, the owner may at any time before sale redeem it by
paying to the department the sum of one
two thousand five hundred dollars. When the
device is of lesser value than one two
thousand five hundred dollars, the owner may at any time
before sale redeem it by paying to the department the retail
market value. The sums received by the department must
be deposited in the game protection fund pursuant to the
provisions of this section.
If an individual is apprehended for a
second offense and the device is of greater value than five
thousand dollars, the owner may at any time before sale redeem
it by paying to the department the sum of five thousand dollars.
When the device is of lesser value than five thousand dollars,
the owner may at any time before sale redeem it by paying to the
department the retail market value.
If an individual is apprehended for
a third or subsequent offense, the device must be forfeited to
the State." /
Renumber sections to conform.
Amend title to conform.