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Current Status Bill Number:View additional legislative information at the LPITS web site.5186 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020425 Primary Sponsor:Harvin All Sponsors:Harvin and Sharpe Drafted Document Number:l:\council\bills\swb\5287djc02.doc Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Com 20 HANR Subject:Foresters and forestry technicians, certification of History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20020425 Introduced, read first time, 20 HANR referred to Committee Versions of This Bill
TO AMEND CHAPTER 27, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERED FORESTERS, SO AS TO REVISE THE CHAPTER BY DELETING LICENSING PROVISIONS FOR LICENSED FORESTERS AND TO PROVIDE FOR QUALIFICATIONS REQUIRED TO BE CERTIFIED AS A FORESTER OR FORESTRY TECHNICIAN, AND TO PROVIDE FOR CERTIFICATION AND RENEWAL OF CERTIFICATION OF FORESTERS AND FORESTRY TECHNICIANS BY THE STATE BOARD OF FORESTRY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 27, Title 48 of the 1976 Code is amended to read:
Section 48-27-10. For purposes of this chapter:
(1) 'Registered Certified forester' shall mean means a person who has registered and is qualified and certified under this chapter to engage in professional forestry practices as defined in this section to be a forester.
(2) 'Forestry' or "practice of forestry" shall mean any professional service relating to forestry, such as consultation, investigation, evaluation, planning or responsible supervision of forest management, protection, silviculture, measurements, utilization, economics, education, or other forestry activities in connection with any public or private lands 'Certified forestry technician' means a person who is qualified and certified under this chapter to be a forestry technician.
(3) 'Board' shall mean means the State Board of Registration Certification for Foresters, provided for by this chapter.
Section 48-27-20. A State Board of Registration Certification for Foresters is created whose duty it is to administer implement the provisions of this chapter. The Board shall consist of five registered certified foresters, recommended by the Foresters Council of South Carolina or its successor and two nonforester members recommended by the South Carolina Forestry Association, appointed by the Governor. The Governor shall also consider nominations from any other individual, group, or association. Each member of the Board must be commissioned by the Governor and, before beginning his term of office, shall file with the Secretary of State his written oath or affirmation for the faithful discharge of his official duty. On the expiration of the term of any member of the Board, three nominees for each position recommended by the designated group Foresters Council of South Carolina or its successor must be submitted to the Governor from which he shall appoint for a term of five years a Board member having the qualifications required by Section 48-27-30 to take the place of each member whose term on the Board is expiring. Any vacancy occurring for a reason other than the expiration of office must be filled by the Governor from three nominees recommended by the designated group to fill the unexpired term of the member. If the Governor fails to make appointment in ninety days after expiration of any term, the Board shall make the necessary appointment. Each member shall hold office until the expiration of the term for which he is appointed and until a successor is duly appointed and qualifies. No person shall serve more than two consecutive terms or portions of a term.
Section 48-27-30. Each member of the Board must be a citizen of the United States, and a resident of this State, and a forester primarily engaged in the practice of forestry at the time of appointment and for ten years prior to his appointment. Each registered forester member must have been engaged in the practice of forestry for at least ten years.
Section 48-27-40. Every member of the Board shall receive a per diem allowance when actually attending to the work of the Board or any of its committees and for the time spent in necessary travel and, in addition thereto, shall be reimbursed for all actual traveling, incidental and clerical expenses necessarily incurred in carrying out the provisions of this chapter.
Section 48-27-50. The Governor may remove any member of the Board for misconduct, incompetency, or neglect of duty.
Section 48-27-60. (A) The Board shall must hold at least two four regular meetings each year in Columbia. Special meetings shall be held at such time and place as the bylaws of the Board may provide.;provided however, special meetings of the board will be called by the chairman by giving ten days notice to the public by publication in a newspaper of general circulation in Richland County, South Carolina, and an official electronic bulletin board, of the State of South Carolina. Notice of all meetings shall must be given in such manner as the bylaws may provide.
(B) The Board shall elect or appoint annually the following officers: A chairman, a vice-chairman, and a secretary.
(1) a chairman whose duties shall be to:
(a) preside at meetings of the board;
(b) appoint all committees;
(c) sign all certificates and other official documents;
(d) call special meetings as required; and
(e) perform all duties pertaining to the office of the chairman.
(2) A vice chairman whose duties shall be to perform the duties of the chairman during his absence.
(3) A secretary whose duties shall be to:
(a) conduct and care for all correspondence in the name of the board;
(b) keep a record of the proceedings of the board;
(c) keep a record of applications for certification and all other evidence of qualifications, including examination papers and other pertinent documents submitted by each applicant;
(d) keep an official register of all certifications issued and of renewals;
(e) give notice in writing of the expiration of any certification to the holder thereof and keep the register up to date;
(f) prepare a roster during the month of July each year showing names and places of business of all certified foresters and forestry technicians, and a list of all disciplinary actions taken by the board during the prior twelve months. Copies of the roster will be mailed to each certified forester and forestry technician and it will be placed on file with the Secretary of State, furnished to the public on request, and recorded on an official electronic bulletin board of the State of South Carolina;
(g) attest all certificates;
(h) notify members of meetings; and
(i) perform other duties required by law or that may be assigned by the board.
Section 48-27-70. (A) A secretary to the board shall give a surety bond to the State in such sum as the Director of the Department of Labor, Licensing, and Regulation may determine. The premium on such bond shall be regarded as a proper and necessary expense of the board and shall be paid out of the fund of the Board of Registration for Foresters. The board has the power and authority to certify, recertify, and decertify foresters and forestry technicians, and to publish the roster of certified forester and forestry technicians.
(B) The secretary shall receive such salary as the Director of the Department of Labor, Licensing and Regulation shall determine in addition to the expenses provided for in Section 48-27-40.
Section 48-27-80. The Board may adopt and amend all bylaws and rules of procedure, not inconsistent with the Constitution and laws of this State, which may be reasonably necessary for the proper performance of its duties and the regulation of the proceedings before it. The bylaws, rules of procedure, and policies of the board shall be of no force and effect unless in writing and available as a matter of public record with the Department of Labor, Licensing and Regulation.
Section 48-27-90. The Board shall must adopt and have an official seal.
Section 48-27-100. In carrying into effect the provisions of this chapter the Board may, under the hand of its chairman and seal of the Board, subpoena witnesses and compel their attendance and may also require the production of books, papers, and documents in a case involving the revocation of a license or practicing or offering to practice without a license under the title of registered forester. Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board. Such witnesses officially called by the Board shall receive the same compensation and shall be reimbursed for expenses as is provided for witnesses in the court of common pleas in the county in which this Board may sit. Reserved
Section 48-27-110. The Board shall must keep a record minutes of its proceedings and a register record of all applications for registration, certification which register record shall must show (a) the name, age, and residence of each applicant, (b) the date of the application, (c) the place of business of such applicant, (d) his educational and other qualifications, (e) whether or not an examination was required, (f) whether the application was rejected, (g) whether a license certification was granted, (h) the date of the action of the Board, and (i) such other information as may be deemed necessary by the Board.,(j) all correspondence pertaining to such applications, (k) the board shall prepare full, complete, and accurate minutes of each meeting, and shall make the same available as a matter of public record within thirty days of each such meeting. The records minutes of the Board shall be are prima facie evidence of the proceedings of the Board set forth therein, and a transcript thereof duly certified by the secretary of the Board under seal shall have the same force and effect as if the original were produced. Annually, as of June thirtieth, the Board shall submit to the Governor Department of Labor, Licensing and Registration a report of its transactions of the preceding year.
Section 48-27-120. (1) No person shall use in connection with his name or otherwise assume, use or advertise any title or description tending directly or indirectly to convey the impression stating that he is a registered certified forester or a forestry technician, without first having been licensed and registered as a registered certified as a forester or a forestry technician as provided in this chapter.
(2) Except as specifically authorized in this section, no person shall engage in the practice of professional forestry as defined in this chapter or in any manner advertise or hold himself out as engaged in such practice without first being licensed as a registered forester under this chapter.
(3) Notwithstanding subsection (2) of this section or any other provision of this chapter, nothing herein may be construed as preventing or prohibiting any person from managing or otherwise conducting forestry practices on land owned by him, nor shall anything herein prohibit any regular employee from engaging in professional or other forestry practices on lands owned by the person. Also, notwithstanding subsection (2) of this section or any other provision of this chapter, nothing herein may be construed as preventing or prohibiting professional employees of public agricultural agencies from rendering forestry information, education, demonstration, and conservation planning in line of duty if the employees do not represent themselves to be registered foresters unless properly licensed or registered under the provisions of this chapter.
(4)(2) It is the purpose of this chapter to protect the public by improving the standards relative to the practice of professional forestry, and the provisions of this chapter apply to foresters employed by the State providing a system for certification of foresters and forestry technicians, and providing a roster of certified foresters and forestry technicians to the public.
(5)(3) Nothing herein provided shall prohibit any in this chapter prohibits forestry work by unlicensed uncertified persons working under the supervision of a registered forester.
Section 48-27-130. (A) The following are minimum evidence satisfactory to the board that the applicant is qualified for registration certification as a registered certified forester:
(1) graduation from a curriculum in forestry of four years or more in a department, school, or college approved by the board; and
(2) a specific record of an additional two years or more experience in forestry of a character satisfactory to the board and indicating that the applicant is competent to practice forestry; or and
(2)(3) successfully passing a written examination designed to show knowledge and skill approximating that obtained through graduation from an approved four-year curriculum in forestry and a specific record of six years or more of practice in forestry of a character satisfactory to the board and indicating that the applicant is competent to practice forestry competency as a certified forester.
(B) The following are minimum evidence satisfactory to the board that the applicant is qualified for certification as a certified forestry technician:
(1) graduation from a curriculum in forestry of two years or more in a department, school, or college approved by the board, and
(2) a specific record of two years or more experience in forestry of a character satisfactory to the board and indicating that the applicant is competent to practice forestry, and
(3) successfully passing a written examination designed to show competency as a forestry technician.
(B)(C) The board shall issue licenses certificates only to applicants who meet the requirements of this section subsections (A) or (B) as applicable and who show evidence of good character. However, no person may register as a forester who has been convicted of a felony or crime involving moral turpitude. However, the applicant may be licensed by the board if:
(1) At least five years have passed since he was convicted, sentenced, or released from incarceration, whichever is later.
(2) No criminal charges are pending against him.
(C) The completion of the junior year of a curriculum in forestry in a school or college approved by the board is equivalent to two years of practice. The completion of the senior year of a curriculum in forestry, without graduation, in a school or college approved by the board is equivalent to three years of practice.
(D) Beginning June 1, 1991, applicants shall take the examination for registration.
Section 48-27-140. Applicants for registration certification shall make application on forms prescribed and furnished by the Board. The applications shall contain statements made under oath showing the applicant's education and a detailed summary of his technical work and shall include not less than five references, of whom three or more must be foresters having personal or professional knowledge of his forestry experience. The registration fee for a license certification as a registered certified forester or forestry technician must be set by the Board by regulation of certification of foresters. Should the Board deny the issuance of a license certificate any an applicant, the initial fee deposited must be retained by the Board as an application fee.
Section 48-27-150. When written Written examinations are required, they shall must be held at such time and place as the Board shall determine. The methods of procedure shall standards and procedures for design, administration, and grading of the written examinations must be prescribed by the Board in writing. A candidate failing on examination may apply for re-examination at the expiration of six months and will be re-examined without payment of an additional fee. Subsequent examination will be granted upon payment of a fee to be determined by the Board.
Section 48-27-160. The Board shall issue a license certification upon payment of a registration certification fee as provided for in this chapter to any applicant who, in the opinion of the Board, has satisfactorily met all of the requirements of this chapter. Licenses Certifications shall show the full name of the registrant, certified forester or forestry technician, shall have a serial number, and shall be signed by the chairman and the secretary of the Board under seal of the Board. The issuance of a license certification by the Board shall be evidence that the registrant certified forester or forestry technician is entitled to all the rights and privileges and to use the title of a registered certified forester or forestry technician while his license certificate remains unrevoked or unexpired.
Section 48-27-170. Registration shall Certification as a certified forester or as a forestry technician must be determined upon a the basis of individual personal qualifications. No firm, company, partnership, or corporation shall may be licensed certified.
Section 48-27-180. A person licensed, certified, or registered to practice forestry by a state or country whose requirements are commensurate with the requirements, in the opinion of the board, of this State, including evidence of good character, upon payment of the fee established pursuant to Section 48-27-140, may be registered and licensed to practice forestry certified as a certified forester or as a forestry technician in this State, with renewal privileges set forth in Section 48-27-190. The board shall deny licensure to a person convicted of a felony or crime involving moral turpitude. However, the applicant may be licensed by the board if:
(1) At least five years have passed since he was convicted, sentenced, or released from incarceration, whichever is later.
(2) No criminal charges are pending against him.
Section 48-27-190. Licenses(A) Certifications expire on the last day of June following their issuance or renewal and are invalid on that date unless renewed. The secretary of the board shall notify, at his last registered known address, every person registered certified under this chapter of the date of the expiration of his license certification and the amount of the fee required for its renewal for one year. The notice must be mailed at least one month in advance of the date of the expiration. The board shall set the annual renewal fee by regulation.
(B) Renewal of licenses certifications for the following year may be effected during June of the year in which the license certification has been issued or renewed by the payment of the renewal fee. The licenses certification also may be renewed during the ensuing three months July, August, and September and by submission of satisfactory evidence to the board of completion of such continuing education as required by the board by the payment of an additional fee for each month or portion of it that payment is delayed beyond June and by submission of satisfactory evidence to the board of completion of such continuing education as required by the board. The fee must be set by the board by regulation. The board shall make an exception to the renewal provisions for a person A certified forester or forestry technician who is in the Armed Services of the United States is exempt from the certification renewal requirements of this chapter while on active duty and for ninety days thereafter. The board shall develop regulations for continuing education or other assessment of continued competence.
(C) Each certified forester and forestry technician must complete ten forestry education credits approved by the board each year before their annual recertification.
(D) A certified forester or forestry technician is exempt for the certification renewal requirements of this chapter while on active duty and for ninety days thereafter.
Section 48-27-195. Any registered A certified forester or forestry technician shall must place, as soon as practically possible, any deposit money or other money received by him in a forestry transaction professional capacity in a separate trust or escrow account maintained by him in a banking institution authorized to do business in the State,. where the The funds must be kept in a trust or escrow account until the transaction has been is consummated or otherwise terminated, at which time a full accounting must be made by the registered certified forester or forestry technician. Records relative to the deposit, maintenance, and withdrawal of the funds must be properly maintained and be made available to a representative of the South Carolina State Board of Registration for Foresters upon request. the board only in the event a written complaint involving the transaction or funds is filed with and found credible by the board.
Section 48-27-200. The board may, upon Upon proof that grounds exist that the licensee a certified forester or forestry technician has committed fraud, deceit, or gross negligence, incompetency, or other misconduct in connection with any forestry practice, his professional capacity, the board may order the revocation or suspension of a license certification, publicly or privately reprimand the holder him of a license or take any other another action short of revocation or suspension, such as including requiring the licensee certified forester or forestry technician to undertake additional professional training subject to the direction and supervision of the board. The board may also impose such restraint restraints upon the practice of the licensee certified forester or forestry technician as circumstances warrant until the licensee certified forester or forestry technician demonstrates to the board adequate professional competence. The board may designate a person to investigate and report to it upon any charges of fraud, deceit, or gross negligence, incompetency, or other misconduct in connection with any forestry practice in a professional capacity, against any a registrant certified forester or forestry technician as may come to its attention. Any person may prefer charges of fraud, deceit, or gross negligence, incompetency, or misconduct in connection with any forestry practice in a professional capacity against any registrant certified forestry or forestry technician. The charges must be in writing and must be filed with the secretary of the board. All charges, unless dismissed by the board as unfounded or trivial, must be heard by the board as soon as a thorough investigation may be made and a hearing scheduled. The time and place for the hearing must be fixed by the board, and a copy of the charges, together with a notice of the time and place of the hearing, must be personally served on or mailed to the last known address of the registrant certified forester or forestry technician at least thirty days before the date fixed for the hearing. At any hearing the accused registrant certified forester or forestry technician may appear personally and by counsel, to cross-examine witnesses appearing against him, and to produce evidence and witnesses in his own defense. Any registrant certified forester or forestry technician whose license has been sanctioned may apply for a review of the proceedings with reference to the sanction of his license certification before an Administrative Law Judge as provided under Chapter 23 of Title 1. The review must be upon the record made before the board. Petition for review of this act of the board must be served upon the board within thirty days from the date of the service of the order or the decision of the board upon the person. Upon service upon it of a petition for review, the board shall within thirty days certify the record made before it to an Administrative Law Judge as provided under Chapter 23 of Title 1.
Section 48-27-210. A new license certification to replace any license a revoked, lost, destroyed, or mutilated, certification may be issued, subject to the rules of the Board. A charge of three dollars shall be made for such issuance.
Section 48-27-220. A roster, showing the names and places of business of all registered certified foresters and forestry technicians qualified according to the provisions of this chapter, shall must be prepared by the secretary of the Board during the month of July of each year. Copies of this roster shall be mailed to each person so registered, placed on file with the Secretary of State, and furnished to the public on request.,and recorded on an official electronic bulletin board of the State of South Carolina.
Section 48-27-230. Plans, maps, specifications, and reports issued by a registrant must be endorsed with his name and license number. It is unlawful for a person to endorse any documents after his license has expired or has been revoked. It also is unlawful for a registered forester to endorse any plan, specification, estimate, or map unless he has actually prepared the plan, specification, estimate, or map or has been in actual charge of its preparation.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years, or both. Reserved
Section 48-27-240. The secretary of the Board shall receive and account for all moneys derived under the provisions of this chapter and shall pay them to the State Treasurer, who shall keep such moneys in a separate fund to be known as the fund of the State Board of Registration for Foresters. Such fund shall be kept separate and apart from all other moneys in the State Treasury and shall be paid out only by warrants regularly drawn by the chairman and secretary of the Board. All moneys in the fund of the State Board of Registration for Foresters are hereby specifically appropriated for the use of the Board. Under no circumstances shall the total amount of warrants issued by the Comptroller General in payment of the expenses and compensation provided for in this chapter exceed the amount of the examination, registration, and renewal fees collected as provided in this chapter.
Reserved
Section 48-27-250. Except as specifically provided in this chapter, a person who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years. Reserved
Section 48-27-260. The Board may, either before or after the institution of criminal proceedings, institute civil action in the circuit court, in the name of the State, for injunctive relief against any person violating the provisions of this chapter, or the regulations or orders of the Board. For each violation, the court may, in its discretion, impose a fine of no more than ten thousand dollars and order restitution to injured persons. Reserved
SECTION 2. This act takes effect upon approval by the Governor.
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