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COMMITTEE REPORT
February 24, 2004
H. 4697
Introduced by Reps. Witherspoon, Rhoad, Hayes, Bailey, Battle, Coates, Davenport, Edge, Keegan, Leach, Limehouse, Loftis, McCraw and Stewart
S. Printed 2/24/04--H. [SEC 2/25/04 3:15 PM]
Read the first time February 4, 2004.
To whom was referred a Bill (H. 4697) to amend the Code of Laws of South Carolina, 1976, by adding Section 48-23-265 so as to provide that a person who purchases trees or forest products, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, in Section 48-23-265 of the 1976 Code, as contained in SECTION 1, by striking subsections (C), (D), and (E) and inserting:
/ (C) Convictions in magistrate's court are punishable as follows:
(1) for a first offense, if the value of the timber is five hundred dollars or less, by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not more than thirty days;
(2) for a first offense, if the value of the timber is more than five hundred dollars but not greater than five thousand dollars, by a fine of not less than three hundred dollars nor more than five hundred dollars or by imprisonment for not more than thirty days;
(3) for a second or subsequent offense, if the value of the timber is five hundred dollars or less, by a fine of two hundred dollars or by imprisonment for not more than thirty days;
(4) for a second or subsequent offense, if the value of the timber is more than five hundred dollars but not greater than five thousand dollars, by a fine of not more than five hundred dollars or by imprisonment for not more than thirty days or both;
(5) the court shall also order restitution to the victim as a mandatory condition of the sentence imposed.
(D) Convictions in the court of general sessions are punishable as follows:
(1) for a first offense by a fine of not less than three hundred dollars nor more than one thousand dollars or by imprisonment for not more than two years, or both;
(2) for a second or subsequent offense by a fine of not less than five hundred dollars nor more than two thousand dollars and imprisonment for not less than thirty days nor more than ten years;
(3) the court shall also order restitution to the victim as a mandatory condition of the sentence imposed. /
Renumber sections to conform.
Amend title to conform.
WILLIAM D. WITHERSPOON for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-23-265 SO AS TO PROVIDE THAT A PERSON WHO PURCHASES TREES OR FOREST PRODUCTS DIRECTLY FROM A LANDOWNER FROM LANDS IN THIS STATE MUST MAKE FULL PAYMENT TO THE LANDOWNER IN THE MANNER PROVIDED IN THIS SECTION, TO PROVIDE EXCEPTIONS, TO PROVIDE THAT FAILURE TO REMIT PAYMENT AS REQUIRED SUBJECTS THE VIOLATOR TO CRIMINAL PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT WHERE THE VALUE OF THE TIMBER EXCEEDS FIVE THOUSAND DOLLARS, EQUIPMENT AND VEHICLES USED TO ACQUIRE OR CUT THE TIMBER ARE SUBJECT TO CONFISCATION AND FORFEITURE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 23, Title 48 of the 1976 Code is amended by adding:
"Section 48-23-265. (A)(1) A person who purchases trees or forest products directly from a landowner from lands in South Carolina, and has received payment for the forest products shall, within forty-five days of the receipt, make payment in full to the landowner.
(2) If the landowner has not received payment within the required forty-five days, the landowner shall notify the purchaser of his demand for payment at the purchaser's last known address by certified mail or by personal delivery of the written notice to the purchaser. It may be inferred that the purchaser intended to violate the provisions of this section if he fails to make payment in full within ten days after receiving the notice.
(3) This subsection shall not apply to a written agreement signed by the landowner and the purchaser providing for a means of payment contrary to this section.
(B) If the value of the timber is five thousand dollars or less, a violation of this section is a misdemeanor and must be tried exclusively in magistrate's court. If the value of the timber is over five thousand dollars, the violation is a felony and must be tried in the court of general sessions.
(C) Convictions in magistrate's court are punishable as follows:
(1) for a first offense, if the value of the timber is five hundred dollars or less, by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not more than thirty days;
(2) for a first offense, if the value of the timber is more than five hundred dollars but not greater than five thousand dollars, by a fine of not less than three hundred dollars nor more than five hundred dollars or by imprisonment for not more than thirty days;
(3) for a second or subsequent offense, if the value of the timber is five hundred dollars or less, by a fine of two hundred dollars or by imprisonment for not more than thirty days;
(4) for a second or subsequent offense, if the value of the timber is more than five hundred dollars but not greater than five thousand dollars, by a fine of not more than five hundred dollars or by imprisonment for not more than thirty days or both.
(D) Convictions in the court of general sessions are punishable as follows:
(1) for a first offense by a fine of not less than three hundred dollars nor more than one thousand dollars or by imprisonment for not more than two years, or both;
(2) for a second or subsequent offense by a fine of not less than five hundred dollars nor more than two thousand dollars and imprisonment for not less than thirty days nor more than ten years.
(E) After a first offense conviction, the court at the time of sentence, shall suspend the imposition or execution of a sentence upon a showing of satisfactory proof of restitution to the victim. For a second or subsequent conviction for a violation of this section, the suspension of the imposition or execution of the sentence is discretionary with the court if restitution has been made.
(F) In addition to penalties provided by this section, when the value of timber involved in violation of this section exceeds five thousand dollars, all motor vehicles, conveyances, tractors, trailers, watercraft, vessels, tolls, and equipment of any kind, used or positioned for use, in acquiring, cutting, harvesting, manufacturing, producing, processing, delivering, importing, or exporting the timber products are subject to confiscation and forfeiture pursuant to Section 16-13-177.
(G) As used in this section, the term 'conviction' shall include the entering of a guilty plea, the entering of a plea of nolo contendere, or the forfeiting of bail."
SECTION 2. This act takes effect upon approval by the Governor.
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