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Current Status Bill Number:View additional legislative information at the LPITS web site.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.
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