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Bill 1001

                    Current Status

Bill Number:                      1001
Ratification Number:              319
Act Number:                       258
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020212
Primary Sponsor:                  Gregory
All Sponsors:                     Gregory
Drafted Document Number:          l:\council\bills\swb\5099djc02.doc
Date Bill Passed both Bodies:     20020510
Date of Last Amendment:           20020307
Governor's Action:                S
Date of Governor's Action:        20020520
Subject:                          Forests, state; unauthorized cutting or 
                                  removal of trees and destruction of property; 
                                  alcoholic beverage violations on forestry 
                                  lands


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020603  Act No. A258
------  20020520  Signed by Governor
------  20020514  Ratified R319
House   20020510  Read third time, enrolled for
                  ratification
House   20020509  Read second time, unanimous consent
                  for third reading on the next
                  Legislative day
House   20020508  Committee report: Favorable            20 HANR
House   20020320  Referred to Committee                  20 HANR
House   20020320  Recalled from Committee                25 HJ
House   20020313  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  20020312  Read third time, sent to House
Senate  20020307  Amended, read second time, 
                  ordered to third reading 
                  with notice of general amendments
Senate  20020306  Committee report: Favorable with       11 SJ
                  amendment
Senate  20020212  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on March 6, 2002 - Word format
Revised on March 7, 2002 - Word format
Revised on May 8, 2002 - Word format

(A258, R319, S1001)

AN ACT TO AMEND SECTION 48-23-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNAUTHORIZED CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF PROPERTY OR SCENIC VALUES OF STATE COMMISSION OF FORESTRY LANDS, SO AS TO REVISE THE PROVISIONS RELATING TO CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF STATE COMMISSION OF FORESTRY LANDS, AND PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR CONSUME ALCOHOLIC BEVERAGES IN PUBLIC ON STATE COMMISSION OF FORESTRY LANDS EXCEPT WHERE SPECIFICALLY AUTHORIZED BY THE COMMISSION AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Be it enacted by the General Assembly of the State of South Carolina:

Penalties

SECTION 1. Section 48-23-70 of the 1976 Code is amended to read:

"Section 48-23-70. (A) It is unlawful for a person to:

(1) remove a shrub, tree, or forest product or attempt to do so, from State Commission of Forestry land without the permission of the commission;

(2) cut or mutilate a shrub or tree growing on State Commission of Forestry land without the permission of the commission;

(3) mutilate or deface real or personal property belonging to or located upon State Commission of Forestry land;

(4) destroy scenic values, by dumping rubbish or in any other way whatsoever, within the confines of State Commission of Forestry lands; or

(5) consume or display an alcoholic beverage in public on lands of the State Commission of Forestry, except where specifically authorized by the commission. For purposes of this item, 'alcoholic beverage' means 'alcoholic beverage' as defined in Section 61-6-20, and beer, wine, and all other beverages defined as 'nonalcoholic beverages' in Section 61-4-10.

(B) A person who violates a provision of subsection (A) is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than two hundred dollars or imprisonment for not more than thirty days, or both.

(C) In addition to the penalties provided in subsection (B), a person who is convicted of violating a provision of items (1) through (4) of subsection (A) must make restitution to the State Commission of Forestry in an amount determined by the sentencing court to be necessary to clean up, repair, rebuild, and restore the abused real and personal property of the State Commission of Forestry to its condition before the abuse occurred. The sentencing court must also set the time limits within which the restitution must be paid and retains jurisdiction of the case for the purpose of enforcing the order for restitution until restitution is made.

(D) A person who fails to pay the amount required within the time established for making restitution may be cited for contempt of court by the sentencing court and punished by a fine of not more than the amount originally required for restitution, or imprisonment for not more than six months, or both.

(E) A person who is convicted of violating a provision of subsection (A) twice within a three-year period is barred from entering lands belonging to the State Commission of Forestry for a period of one year. A person who enters State Commission of Forestry lands while barred is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days, or both, and his privilege to enter upon lands of the commission is automatically suspended for an additional year."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 14th day of May, 2002.

Approved the 20th day of May, 2002.

This web page was last updated on Tuesday, December 8, 2009 at 11:15 A.M.