76-13-601. Unlawful transportation of trees and boughs. (1) A person may not transport on the ways of this state more than five coniferous trees without having possession of a bill of sale showing ownership of the trees. The bill of sale shall specify:
     (a) the date of its execution;
     (b) the name and address of the vendor or donor of the trees;
     (c) the name and address of the vendee or donee of the trees;
     (d) the number of trees, by species, sold or transferred by the bill of sale; and
     (e) the shipping yards or the property from which the trees were taken.
     (2) Subsection (1) does not apply to:
     (a) the transportation of trees with their roots intact;
     (b) the transportation of logs, poles, pilings, or other forest products from which substantially all the limbs and branches have been removed;
     (c) the transportation of coniferous trees by the owner of the land from which they were taken or the owner's agent, provided that agent has possession of a tax receipt or other evidence indicating the section, township, and range from which the trees were harvested; or
     (d) the transportation of coniferous trees by a common carrier.
     (3) A person may not transport on the ways of this state more than 200 pounds of boughs from coniferous trees without written authorization of the owner of the boughs.
     (4) The bill of sale required in subsection (1) or the written authorization required in subsection (3) must be exhibited on request of a law enforcement officer, highway patrol officer, state fish and game warden, an employee of the department of transportation designated or appointed as a peace officer under 61-10-154 or 61-12-201, or an agent of the department of natural resources and conservation.
     (5) A person who violates this section shall be punished by a fine not to exceed $500, imprisonment not to exceed 6 months, or both.
     (6) For the purposes of this section, "ways of this state" means any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public vehicle travel that is commonly used by the public with the express or implied consent of the owner.

     History: En. Sec. 1, Ch. 133, L. 1981; amd. Sec. 1, Ch. 621, L. 1983; (5)En. Sec. 2, Ch. 621, L. 1983; amd. Sec. 1, Ch. 35, L. 1987; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 268, Ch. 418, L. 1995; amd. Sec. 13, Ch. 366, L. 2005.