H*5060(Rat #0365, Act #0288 of 2002)  General Bill, By Rhoad, Sharpe, Jennings, 
Witherspoon, Harrison, Bingham, Koon, J.H. Neal, Cotty, Lloyd, Whipper, Whatley, 
Clyburn, Battle, Bales, Ott, Lourie, Moody-Lawrence, J.R. Smith, Lucas, Hosey, 
McCraw, J. Young, McLeod, Hayes, Allen, Allison, Altman, Askins, Barfield, 
Barrett, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, 
Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, 
Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, 
Hamilton, Harrell, Harvin, Haskins, J. Hines, M. Hines, Hinson, Howard, Huggins, 
Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Law, Leach, Lee, Limehouse, 
Littlejohn, Loftis, Mack, Martin, McGee, Meacham-Richardson, Merrill, Miller, 
J.M. Neal, Neilson, D. Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, 
Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, 
Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, W.D. Smith, Snow, 
Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, 
Walker, Webb, Weeks, White, Wilder, Wilkins and A. Young

Similar(S 1158)
 A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO OFFENSES INVOLVING FORGERY, LARCENY, EMBEZZLEMENT, FALSE
 PRETENSES, AND CHEATS, BY ADDING SECTION 16-13-177 SO AS TO PROVIDE THAT, WHEN
 CERTAIN OFFENSES INVOLVE TIMBER THEFT IN EXCESS OF FIVE THOUSAND DOLLARS, ALL
 MOTOR VEHICLES, CONVEYANCES, TRACTORS, TRAILERS, WATERCRAFT, VESSELS, TOOLS,
 AND EQUIPMENT OF ANY KIND KNOWINGLY USED IN THE COMMISSION OF THE OFFENSE MAY
 BE CONFISCATED AND FORFEITED TO THE JURISDICTION WHERE THE OFFENSE OCCURRED,
 TO PROVIDE FOR FORFEITURE PROCEDURES AND THE SALE OF FORFEITED PROPERTY, AND
 TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF FORFEITED
 PROPERTY; AND TO AMEND CHAPTER 23, TITLE 48, RELATING TO FORESTRY GENERALLY,
 BY ADDING SECTION 48-23-97, SO AS TO PROVIDE THAT A TIMBER BUYER OR TIMBER
 OPERATOR PURCHASING TREES, TIMBER, OR WOOD BY THE LOAD MUST FURNISH THE TIMBER
 GROWER OR SELLER A SEPARATE, TRUE, AND ACCURATE WOOD LOAD TICKET FOR EACH LOAD
 OF WOOD WITHIN THIRTY DAYS OF COMPLETION OF THE HARVEST, TO PROVIDE EXCEPTIONS
 TO THE APPLICATION OF THIS SECTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF
 THIS SECTION.

   04/10/02  House  Introduced and read first time HJ-16
   04/10/02  House  Referred to Committee on Judiciary HJ-17
   04/24/02  House  Committee report: Favorable with amendment
                     Judiciary HJ-34
   04/29/02         Scrivener's error corrected
   04/30/02  House  Amended HJ-34
   04/30/02  House  Read second time HJ-36
   05/01/02  House  Read third time and sent to Senate HJ-12
   05/01/02  Senate Introduced and read first time SJ-8
   05/01/02  Senate Referred to Committee on Judiciary SJ-8
   05/08/02  Senate Committee report: Favorable with amendment
                     Judiciary SJ-13
   05/14/02  Senate Amended SJ-54
   05/14/02  Senate Read second time SJ-54
   05/14/02  Senate Ordered to third reading with notice of
                     amendments SJ-54
   05/15/02  Senate Read third time and returned to House with
                     amendments SJ-25
   05/21/02  House  Concurred in Senate amendment and enrolled HJ-55
   05/22/02         Ratified R 365
   05/28/02         Signed By Governor
   06/13/02         Effective date 5/28/2002
   06/13/02         Copies available
   06/17/02         Act No. 288

AN ACT TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES, AND CHEATS, BY ADDING SECTION 16-13-177 SO AS TO PROVIDE THAT, WHEN CERTAIN OFFENSES INVOLVE TIMBER THEFT IN EXCESS OF FIVE THOUSAND DOLLARS, ALL MOTOR VEHICLES, CONVEYANCES, TRACTORS, TRAILERS, WATERCRAFT, VESSELS, TOOLS, AND EQUIPMENT OF ANY KIND KNOWINGLY USED IN THE COMMISSION OF THE OFFENSE MAY BE CONFISCATED AND FORFEITED TO THE JURISDICTION WHERE THE OFFENSE OCCURRED, TO PROVIDE FOR FORFEITURE PROCEDURES AND THE SALE OF FORFEITED PROPERTY, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY; AND TO AMEND CHAPTER 23, TITLE 48, RELATING TO FORESTRY GENERALLY, BY ADDING SECTION 48-23-97 SO AS TO PROVIDE THAT A TIMBER BUYER OR TIMBER OPERATOR PURCHASING TREES, TIMBER, OR WOOD BY THE LOAD MUST FURNISH THE TIMBER GROWER OR SELLER A SEPARATE, TRUE, AND ACCURATE WOOD LOAD TICKET FOR EACH LOAD OF WOOD WITHIN THIRTY DAYS OF COMPLETION OF THE HARVEST, TO PROVIDE EXCEPTIONS TO THE APPLICATION OF THIS SECTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

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

Property used in offenses involving theft of timber subject to confiscation and forfeiture

SECTION 1. Chapter 13, Title 16 of the 1976 Code is amended by adding:

"Section 16-13-177. (A) In addition to the penalties provided by law, when an offense in violation of Section 16-11-580, 16-13-30, 16-13-230, or 16-13-240 involves timber theft valued in excess of five thousand dollars, all motor vehicles, conveyances, tractors, trailers, watercraft, vessels, tools, and equipment of any kind, used or positioned for use, in acquiring, cutting, harvesting, manufacturing, producing, processing, delivering, importing, or exporting timber or timber products that are known by the owner to be used in the commission of the offense may be confiscated and forfeited to the jurisdiction where the offense occurred if the offender is the owner or registered owner of the property and the offender or someone under his direction or control knowingly used the property during the commission of the offense.

(B) Property subject to forfeiture under this section may be seized or confiscated by any law enforcement officer incident to a lawful arrest or a warrant issued for the purpose by a court of competent jurisdiction pursuant to subsection (A). The confiscating officer must deliver the property immediately to the county or municipality where the offense occurred. The county or municipality must notify the registered owner of the property by certified mail within seventy-two hours of the confiscation. Upon notice, the registered owner has ten days to request a hearing before the presiding judge of the judicial circuit or his designated hearing officer. The forfeiture hearing must be held within ten days from the date of receipt of the request. The property confiscated must be returned to the registered owner unless the Forestry Commission, a county, or a municipality can show by a preponderance of the evidence that the property seized was knowingly used in the commission of the crime. In the event the commission, a county, or municipality is unable to make such a showing, all property seized under this section must be returned to the owner upon proof of ownership and the posting of a bond in a sufficient amount not to exceed ten thousand dollars. The county or municipality in possession of the property must provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation.

(C) Upon conviction of a person owning and using the seized property or upon his plea of nolo contendre to an offense subjecting the property to forfeiture, the county or municipality where the offense occurred or the Forestry Commission may initiate an action in the circuit court of the county in which the property was seized to accomplish forfeiture by giving notice to registered owners of record, lienholders of record, and other persons claiming an interest in the property subject to forfeiture and by giving these persons notice and an opportunity to appear and show cause why the property should not be forfeited and disposed of as provided in this section. Failure of a person claiming an interest in the property to appear at this proceeding after having been given notice constitutes a waiver of the claim. However, the failure to appear does not affect the claim of a lienholder of record. The court, after hearing, may order the property forfeited to the county or municipality and sold as provided in this section or returned to the owner or registered owner. Forfeiture of property is subordinate in priority to all valid liens and encumbrances. A person whose property is subject to forfeiture under this section is entitled to a jury trial if requested.

(D) When property is forfeited under this section, the judge must order the property sold at public auction by the seizing agency as provided by law. Notwithstanding any other provision of law, proceeds from the sale may be used by the agency for payment of all proper expenses of the proceeding for the forfeiture and sale of the property, including the expenses of the seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds of any sale pursuant to this section shall be distributed to the victim of the offense in an amount to be determined by the presiding judge and any remaining proceeds shall be disbursed to the South Carolina Commission on Forestry to be used exclusively for timber theft enforcement, prevention, and awareness."

Wood load tickets required for certain sales

SECTION 2. Chapter 23, Title 48 of the 1976 Code is amended by adding:

"Section 48-23-97. (A) Except as provided in this section, whenever a timber buyer or timber operator purchases trees, timber, or wood by the load directly from a timber grower and the load is sold by weight, cord, or measure of board feet, the timber buyer or timber operator must furnish the timber grower or seller within thirty days of the completion of the timber harvest a separate, true, and accurate wood load ticket for each and every load of wood removed from the seller's property. At a minimum, each wood load ticket must include in writing that is clearly legible the following:

(1) the ticket number;

(2) the name and address of the person, and the location of the facility receiving, weighing, scaling, or measuring the trees, timber, or wood;

(3) the date the trees, timber, or wood was received at the facility;

(4) the tract name or landowner;

(5) county and state of origin;

(6) the dealer's name if any;

(7) the producer or logging company name;

(8) the species of wood;

(9) the type of product;

(10) the weight or scale information:

(a) if the load is measured by weight, the gross, tare, and net weights must be shown; or

(b) if the load is measured by scale, the total volume must be shown; and

(11) the weight, scale, or amount of wood deducted and the deduction classification.

(B) The provisions of this section do not apply to:

(1) the sale of wood for firewood only;

(2) a landowner harvesting and processing his own timber; and

(3) bulk or lump-sum sales for an agreed total price for all timber purchased and sold in one transaction.

(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or imprisoned for not more than thirty days, or both."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 22nd day of May, 2002.

Approved the 28th day of May, 2002.