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Session 115 - (2003-2004)Printer Friendly
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H*4697 (Rat #0365, Act #0273 of 2004) General Bill, By Witherspoon, Rhoad, Hayes, Bailey, Battle, Coates, Davenport, Edge, Keegan, Leach, Limehouse, Loftis, McCraw and Stewart
Summary: Trees or forest products, criminal penalties for not making full payment to land owners when trees purchased and forest products sold
    AN ACT TO AMEND SECTION 16-11-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL CUTTING, REMOVING, OR TRANSPORTING OF TIMBER WITHOUT PERMISSION, SO AS TO FURTHER PROVIDE FOR THE UNLAWFUL CUTTING, REMOVING, ACQUIRING, OR TRANSPORTING OF FOREST PRODUCTS WITHOUT PERMISSION AND TO REVISE THE PENALTIES FOR VIOLATIONS BASED IN PART ON THE VALUE OF THE FOREST PRODUCTS INVOLVED; AND BY ADDING SECTION 48-23-265 SO AS TO PROVIDE THAT A PERSON WHO PURCHASES FOREST PRODUCTS DIRECTLY FROM A LANDOWNER POSSESSING LANDS IN THIS STATE OR A PERSON WHO HAS RECEIVED PAYMENT FROM A SALE OF FOREST PRODUCTS TO A THIRD PARTY MUST MAKE FULL PAYMENT TO THE LANDOWNER IN THE MANNER PROVIDED IN THIS SECTION, TO PROVIDE EXCEPTIONS AND PROCEDURAL REQUIREMENTS, TO PROVIDE THAT FAILURE TO REMIT PAYMENT AS REQUIRED SUBJECTS THE VIOLATOR TO CRIMINAL PENALTIES FOR VIOLATIONS, TO PROVIDE THAT WHERE THE VALUE OF THE FOREST PRODUCTS EXCEEDS FIVE THOUSAND DOLLARS, EQUIPMENT AND VEHICLES USED TO ACQUIRE OR CUT THE FOREST PRODUCTS ARE SUBJECT TO CONFISCATION AND FORFEITURE, AND TO PROVIDE THAT THE COURT SHALL ORDER RESTITUTION AS A MANDATORY CONDITION OF THE SENTENCE IMPOSED. - ratified title
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02/04/04House Introduced and read first time HJ-32
02/04/04House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-33
02/24/04House Committee report: Favorable with amendment Agriculture, Natural Resources and Environmental Affairs HJ-2
02/25/04House Amended HJ-63
02/25/04House Read second time HJ-64
02/25/04 Scrivener's error corrected
02/26/04House Read third time and sent to Senate HJ-22
02/26/04Senate Introduced and read first time SJ-15
02/26/04Senate Referred to Committee on Judiciary SJ-15
05/12/04Senate Committee report: Favorable with amendment Judiciary SJ-20
05/13/04Senate Amended SJ-23
05/13/04Senate Read second time SJ-23
05/18/04Senate Read third time and returned to House with amendments SJ-20
05/25/04House Concurred in Senate amendment and enrolled HJ-43
06/02/04 Ratified R 365
07/16/04 Signed By Governor
07/26/04 Copies available
07/26/04 Effective date See Act for Effective Date
07/28/04 Act No. 273



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