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COMMITTEE REPORT
May 12, 2004
H. 4697
Introduced by Reps. Witherspoon, Rhoad, Hayes, Bailey, Battle, Coates, Davenport, Edge, Keegan, Leach, Limehouse, Loftis, McCraw and Stewart
S. Printed 5/12/04--S.
Read the first time February 26, 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, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 16-11-580 of the 1976 Code is amended to read:
"Section 16-11-580. It shall be unlawful for anyone to knowingly or wilfully cut, destroy or remove any trees or timber of any kind standing or growing on any lands of this State, whether privately or publicly owned, or to remove any logs or trees cut from any such lands without the consent of the owner. It shall also be unlawful for anyone who is the owner, master, pilot, operator or consignee of any vessel, vehicle, motor vehicle, aircraft or the owner, director or agent of any railroad to transport any timber or logs or the lumber manufactured therefrom knowing them to have been cut or removed from such property. Anyone violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than two thousand dollars or imprisoned not more than two years, or both; provided, that if the value of such trees, logs or lumber is fifty dollars or less, the penalty shall not exceed a fine of one hundred dollars or imprisonment for thirty days, or both.
(A) It is unlawful for a person to knowingly and wilfully:
(1) cut, destroy, or remove forest products without the consent of the landowner;
(2) aid, hire, or counsel another person to cut, destroy, or remove forest products without the consent of the landowner;
(3) obtain or acquire forest products under false pretenses or with fraudulent intent; or
(4) transport forest products if the person knows that the forest products have been cut, removed, obtained, or acquired from the property of a landowner in violation of the provisions of this subsection.
(B) If the value of the forest products is one thousand dollars or less, a person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days.
(C) If the value of the forest products is more than one thousand dollars, a person who violates the provisions of subsection (A) is guilty of a felony and, upon conviction, must be:
(1) fined in the discretion of the court or imprisoned for not more than five years if the value of the forest products is more than one thousand dollars but less than five thousand dollars; or
(2) fined in the discretion of the court or imprisoned for not more than ten years if the value of the forest products is five thousand dollars or more.
(D) As used in this section, 'forest products' include, but are not limited to, timber, trees, logs, lumber, or pine straw or any other products in the forest, whether merchantable or nonmerchantable, and which are located on any land in this State, whether publicly or privately owned."
SECTION 2. Chapter 23, Title 48 of the 1976 Code is amended by adding:
"Section 48-23-265. (A)(1) A person who purchases forest products directly from a landowner possessing lands in this State, and who has received payment for the forest products from a sale to a third party, must make payment in full to the landowner within forty-five days of the receipt of payment.
(2) If the landowner has not received payment within the required forty-five days, the landowner must send written notice, by certified mail or by personal delivery, to the purchaser's last known address stating the landowner's demand for payment. The purchaser violates the provisions of this section and is subject to a criminal penalty if he knowingly and wilfully fails to make payment, in full, to the landowner within ten days after receiving this notice.
(3) This section does not apply to a written agreement signed between the landowner and the purchaser providing for a means of payment other than the one provided for in this section.
(B) If the value of the forest products is less than five thousand dollars, a person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be punished:
(1) if the value of the forest products is five hundred dollars or less:
(a) for a first offense, by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not more than thirty days; or
(b) for a second or subsequent offense, by a fine of two hundred dollars or by imprisonment for not more than thirty days;
(2) if the value of the forest products is more than five hundred dollars but less than five thousand dollars:
(a) for a first offense, 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; or
(b) for a second or subsequent offense, by a fine of not more than five hundred dollars or by imprisonment for not more than thirty days, or both.
(C) If the value of the forest products is five thousand dollars or more, a person who violates subsection (A) is guilty of a felony and, upon conviction, must be punished:
(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; or
(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.
(D) The court shall order restitution to the victim as a mandatory condition of the sentence imposed.
(E) If the value of the forest products is five thousand dollars or more, in addition to the penalties provided in this section, 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 forest products are subject to confiscation and forfeiture pursuant to Section 16-13-177.
(F) As used in this section, 'forest products' include, but are not limited to, timber, trees, logs, lumber, or pine straw or any other products in the forest, whether merchantable or nonmerchantable, and which are located on any land in this State, whether publicly or privately owned.
(G) As used in this section, 'conviction' includes a guilty plea, plea of nolo contendere, or the forfeiture of bail."
SECTION 3. This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date. /
Renumber sections to conform.
Amend title to conform.
GREG GREGORY for Committee.
EXPLANATION OF IMPACT:
The Judicial Department indicates there will be a minimal fiscal impact on the General Fund of the State, which can be absorbed by the agency at the current level of funding.
LOCAL GOVERNMENT IMPACT:
Three of the four local governments responding indicated enactment of a similar Bill (S.915) would have no impact, or minimal impact on expenditures. One local government indicated there would be a cost depending on the number of cases filed and convictions, but could not provide an estimate.
Approved By:
Don Addy
Office of State Budget
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;
(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.
(E) 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.
(F) 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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