Bill 584

                    Current Status

Bill Number:               584
Ratification Number:       239
Act Number:                156
Introducing Body:          Senate
Subject:                        State Board of Registration for
                           Foresters

(A156, R239, S584)

AN ACT TO REAUTHORIZE FOR SIX YEARS THE STATE BOARD OF REGISTRATION FOR FORESTERS, AND TO AMEND SECTIONS 48-27-20, 48-27-30, 48-27-120, 48-27-130, 48-27-140, 48-27-180, 48-27-190, AND 48-27-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE BOARD OF REGISTRATION FOR FORESTERS, SO AS TO ADD TWO MEMBERS OF THE BOARD AND PROVIDE FOR THEIR TERMS, TO ALLOW AN OWNER OF LAND AND THEIR REGULAR EMPLOYEES TO DO FORESTRY WORK ON THE OWNER'S LAND, TO REQUIRE ALL APPLICANTS FOR LICENSE TO TAKE AN EXAMINATION BEGINNING JUNE 1, 1991, TO AUTHORIZE THE BOARD TO SET FEES BY REGULATION, TO CHANGE SANCTIONS FOR MISCONDUCT AND PROCEDURES RELATING TO SANCTIONS, AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 48-27-195 AND 48-27-260, SO AS TO REQUIRE ESCROW ACCOUNTS FOR DEPOSITS BY REGISTERED FORESTERS AND TO PROVIDE FOR INJUNCTIVE RELIEF AND CIVIL FINES.

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

Board reauthorized

SECTION 1. In accordance with the Provisions of Section 7 of Act 608 of 1978, the existence of the State Board of Registration for Forestry is reauthorized for six years.

Board created

SECTION 2. Section 48-27-20 of the 1976 Code is amended to read:

"Section 48-27-20. A State Board of Registration for Foresters is created whose duty it is to administer the provisions of this chapter. The Board shall consist of five registered foresters, recommended by the Foresters Council of South Carolina 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 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."

Initial appointees

SECTION 3. One of the initial two nonforester members must be appointed by the Governor for a three year term and the other member must be appointed for a five year term. They must be chosen from among four nominees recommended by the South Carolina Forestry Association. Their successors must be appointed for regular five year terms.

Members must be citizens

SECTION 4. Section 48-27-30 of the 1976 Code is amended to read:

"Section 48-27-30. Each member of the Board must be a citizen of the United States and a resident of this State. Each registered forester member must have been engaged in the practice of forestry for at least ten years."

Forestry practices not to be prohibited

SECTION 5. Subsections (3) and (4) of Section 48-27-120 of the 1976 Code are amended to read:

"(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) 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."

Examination for registration

SECTION 6. Item (2) of Section 48-27-130 of the 1976 Code is amended by adding at the end:

"Beginning June 1, 1991, all applicants shall take the examination for registration."

Applicants for registration

SECTION 7. Section 48-27-140 of the 1976 Code is amended to read:

"Section 48-27-140. Applicants for registration 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 as a registered forester must be set by the Board by regulation. Should the Board deny the issuance of a license to any applicant, the initial fee deposited must be retained by the Board as an application fee."

Licensing, fee

SECTION 8. Section 48-27-180 of the 1976 Code is amended to read:

"Section 48-27-180. Any person of good moral character licensed to practice forestry by any other state or country whose requirements are commensurate with the requirements of this State may, upon payment of the fee established pursuant to Section 48-27-140, be registered and licensed to practice forestry in this State, with renewal privileges as set forth in Section 48-27-190."

Expiration of license

SECTION 9. Section 48-27-190 of the 1976 Code is amended to read:

"Section 48-27-190. Licenses shall expire on the last day of the month of June following their issuance or renewal and are invalid on that date unless renewed. It is the duty of the secretary of the Board to notify, at his last registered address, every person registered under this chapter of the date of the expiration of his license 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 of the license. The Board shall set the annual renewal fee by regulation. Renewal of licenses for the following year may be effected at any time during the month of June of the year in which the license has been issued or renewed by the payment of the renewal fee set by the Board. The licenses may also be renewed during the ensuing three months by the payment of an additional fee set by the Board by regulation or fraction thereof that payment of the renewal fee is delayed beyond the month of June. The Board shall make an exception to the foregoing renewal provisions in the case of a person who is in the Armed Services of the United States. The Board shall develop regulations for continuing education or other assessment of continued competence."

Deposit money

SECTION 10. The 1976 Code is amended by adding:

"Section 48-27-195. Any registered forester shall place, as soon as practically possible, any deposit money or other money received by him in a forestry transaction in a separate trust or escrow account maintained by him in a banking institution authorized to do business in the State, where the funds must be kept until the transaction has been consummated or otherwise terminated, at which time a full accounting must be made by the registered forester. 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."

Revocation or suspension of license

SECTION 11. Section 48-27-200 of the 1976 Code is amended to read:

"Section 48-27-200. The Board may, upon proof that grounds exist that the licensee has committed fraud, deceit, gross negligence, incompetency, or other misconduct in connection with any forestry practice, order the revocation or suspension of a license, publicly or privately reprimand the holder of a license or take any other action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the Board. The Board may also impose such restraint upon the practice of the licensee as circumstances warrant until the licensee 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, gross negligence, incompetency, or other misconduct in connection with any forestry practice against any registrant as may come to its attention. Any person may prefer charges of fraud, deceit, gross negligence, incompetency, or misconduct in connection with any forestry practice against any registrant. 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 at least thirty days before the date fixed for the hearing. At any hearing the accused registrant 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 whose license has been sanctioned may apply for a review of the proceedings with reference to the sanction of his license in the circuit courts of this State. 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 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 the clerk of the circuit court."

Civil action

SECTION 12. The 1976 Code is amended by adding:

"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."

Fees

SECTION 13. The fees established pursuant to Sections 48-27-140, 48-27-180, and 48-27-190 of the 1976 Code prior to the effective date of the amendments to those sections contained in this act shall continue in effect until the State Board of Registration for Foresters promulgates final regulations setting fees.

Time effective

SECTION 14. This act shall take effect upon approval by the Governor.