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Current Status Bill Number:View additional legislative information at the LPITS web site.3652 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990302 Primary Sponsor:Young-Brickell All Sponsors:Young-Brickell, Bailey, Law, Riser Drafted Document Number:l:\council\bills\psd\7165ac99.doc Companion Bill Number:669 Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Com 20 HANR Subject:Foresters, Board of Registration for; professional licensing boards; Forestry History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990302 Introduced, read first time, 20 HANR referred to Committee Versions of This Bill
TO AMEND TITLE 48, CHAPTER 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF FORESTERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND AMONG OTHER THINGS, TO FURTHER DEFINE AND CLARIFY THE PRACTICE OF FORESTRY AND TO REVISE PROCEDURES FOR USE OF AN ESCROW ACCOUNT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 27, Title 48 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
Section 48-27-10. (1) "Registered forester" shall mean a person who has registered and qualified under this chapter to engage in professional forestry practices as defined in this section.
(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.
(3) "Board" shall mean the State Board of Registration for Foresters, provided for by this chapter.
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.
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.
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. The Board shall hold at least two regular meetings each year. Special meetings shall be held at such time and place as the bylaws of the Board may provide. Notice of all meetings shall be given in such manner as the bylaws may provide. The Board shall elect or appoint annually the following officers: A chairman, a vice-chairman, and a secretary.
Section 48-27-70. 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 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.
Section 48-27-90. The Board shall 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.
Section 48-27-110. The Board shall keep a record of its proceedings and a register of all applications for registration, which register shall 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 was granted, (h) the date of the action of the Board and (I) such other information as may be deemed necessary by the Board. The records of the Board shall be 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 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 that he is a registered forester, without first having been licensed and registered as a registered forester 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) 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.
(5) Nothing herein provided shall prohibit any forestry work by unlicensed 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 as a registered forester:
(1) graduation from a curriculum in forestry of four years or more in a department, school, or college approved by the board and 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
(2) 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.
(B) The board shall issue licenses only to applicants who meet the requirements of this section. 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 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.
Section 48-27-150. When written examinations are required, they shall be held at such time and place as the Board shall determine. The methods of procedure shall be prescribed by the Board. 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 upon payment of a registration 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 shall show the full name of the registrant, 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 by the Board shall be evidence that the registrant is entitled to all the rights and privileges of a registered forester while his license remains unrevoked or unexpired.
Section 48-27-170. Registration shall be determined upon a basis of individual personal qualifications. No firm, company, partnership, or corporation shall be licensed.
Section 48-27-180. A person licensed to practice forestry by a state or country whose requirements are commensurate with the requirements of this State, upon payment of the fee established pursuant to Section 48-27-140, may be registered and licensed to practice forestry 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 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 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. The board shall set the annual renewal fee by regulation. Renewal of licenses for the following year may be effected during June of the year in which the license has been issued or renewed by the payment of the renewal fee. The licenses also may be renewed during the ensuing three months by the payment of an additional fee for each month or portion of it that payment is delayed beyond June. The fee must be set by the board by regulation. The board shall make an exception to the renewal provisions for 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.
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.
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 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 to replace any license revoked, lost, destroyed, or mutilated, 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 foresters qualified according to the provisions of this chapter, shall 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.
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.
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.
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.
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.
Section 48-27-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to foresters; however, if there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
Section 48-27-10. The South Carolina 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, each of whom must be a resident of the State and have been engaged in the practice of forestry for ten years or more and two nonforester members. Recommendations must be made to the Governor by the Foresters Council of South Carolina for the forestry members and by the South Carolina Forestry Association for the nonforestry members. The Governor also shall consider nominations from any other individual, group, or association. All members of the board must be appointed by the Governor, with the advice and consent of the Senate. On the expiration of a member's term, three nominees for the position must be submitted by the designated entity to the Governor from which the Governor shall appoint a member. A vacancy occurring for a reason other than the expiration of a term must be filled by the Governor from three nominees recommended by the designated entity to fill the unexpired portion of the term. If the Governor fails to make an appointment within ninety days after expiration of a term, the board shall make the necessary appointment. Members shall serve terms of five years and until their successors are appointed and qualify. Before beginning a term of office, each member shall file with the Secretary of State a written oath or affirmation for the faithful discharge of the official duties of the board.
Section 48-27-20. For purposes of this chapter:
(1) 'Board' means the South Carolina Board of Registration for Foresters.
(2) 'Forestry' or 'practice of forestry' includes, but is not limited to, any professional service relating to forestry including, but not limited to, 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.
(3) 'Registered forester' means a person registered as a forester and to whom a license is issued pursuant to this chapter to engage in the practice of forestry.
Section 48-27-30. (A) No person may use in connection with his name or otherwise assume, use, or advertise any title or description tending directly or indirectly to convey the impression that he is a registered forester, without first having been licensed and registered as a registered forester in accordance with this chapter.
(B) Except as specifically authorized in this section, no person may engage in the practice of forestry or in any manner advertise or hold himself out as engaged in the practice of forestry without first being licensed as a registered forester in accordance with this chapter.
(C) Notwithstanding any provision of this chapter, nothing in this chapter may be construed to prevent or prohibit a person from managing or otherwise conducting the practice of forestry on land owned by the person. Nothing in this chapter may be construed to prevent or prohibit a professional employee of a public agricultural agency from rendering forestry information, education, demonstration, and conservation planning in the line of duty if the employee does not represent himself to be a registered forester.
(D) Nothing in this chapter may prohibit a nonregistered person from performing forestry work if the person works under the supervision of a registered forester.
(E) This chapter applies to foresters employed by the State.
Section 48-27-50. (A) The board shall prescribe in regulation the period for registration and procedures for license renewal. A license is invalid on the date of expiration unless renewed. At least thirty days before expiration, the board shall notify each registrant, at the registrant's last address on file with the board, of the date of the expiration of the license and the amount of the fee required for renewal. The board shall provide an exception to the renewal provisions for a person who is in the Armed Services of the United States. The board shall establish in regulation licensure, renewal, and other applicable fees and requirements for continuing education.
(B) A license must be numbered, must state the full name of the registrant, and must be signed by the chairman and the secretary of the board under seal of the board.
(C) A license number retired, for any reason, must not be reissued.
(D) A roster containing the name and places of business of all registered foresters must be prepared annually.
(E) Annually, before June thirtieth, the board shall submit to the Governor a report of its activities for the preceding year.
Section 48-27-60. The Governor may remove a member of the board in accordance with Section 1-3-240.
Section 48-27-70. The board shall adopt and have an official seal.
Section 48-27-80. For the purpose of conducting an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry. A witness called or subpoenaed by the board shall receive the same compensation and must be reimbursed for expenses as provided for witnesses in the court of common pleas.
Section 48-27-90. If a board member files a complaint or conducts the initial investigation, the board member must not participate in the capacity as a board member at the hearing of the complaint.
Section 48-27-100. Restraining orders and cease and desist orders must be obtained in accordance with Section 40-1-100.
Section 48-27-110. Plans, maps, specifications, and reports issued by a registrant must be endorsed with the registrant's name and license number. It is unlawful for a person to endorse a document after the person's license has expired or has been revoked. It also is unlawful for a registered forester to endorse a plan, specification, estimate, or map unless the forester has actually prepared the plan, specification, estimate, or map or has been in actual charge of its preparation.
Section 48-27-115. The board has jurisdiction over the actions of registrants and former registrants as provided for in Section 40-1-115.
Section 48-27-120. In addition to the sanctions the board may take against a person pursuant to Section 40-1-110, the board may take disciplinary actions against a person as provided for in Section 40-1-120.
Section 48-27-130. As provided for in Section 40-1-130, the board may deny registration to an applicant based on the same grounds for which the board may take disciplinary action against a registrant.
Section 48-27-140. Denial of registration as a forester for prior criminal convictions must be in accordance with Section 40-1-140.
Section 48-27-150. A registrant under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
Section 48-27-160. A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
Section 48-27-180. All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
Section 48-27-190. Communications made in connection with an investigation or hearing relevant to a complaint against a forester are privileged as provided for in Section 40-1-190.
Section 48-27-200. Except as specifically provided for in this chapter, a person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than:
(1) three hundred dollars or imprisoned not more than thirty days for a first offense;
(2) one thousand dollars or imprisoned not more than one year for a second offense;
(3) two thousand five hundred dollars or imprisoned not more than three years for a third or subsequent offense.
Section 48-27-210. In addition to initiating a criminal proceeding for a violation of this chapter, the board also may seek civil and injunctive relief pursuant to Section 40-1-210.
Section 48-27-230. (A) The board shall register a person as a forester and issue a license for the practice of forestry to an applicant if the applicant subsequent to June 1, 1991, successfully passed a written examination designed to show knowledge and skill approximating that obtained through graduation from an approved four-year curriculum in forestry and has:
(1) graduated from a curriculum in forestry of four years or more in a department, school, or college approved by the board, resulting in a bachelor of science degree or an advanced degree and has two or more years of experience in the practice of forestry of a character satisfactory to the board and indicating that the applicant is competent to practice forestry; or
(2) six years or more experience in the practice of forestry of a character satisfactory to the board and indicating that the applicant is competent to practice forestry.
For purposes of this subsection, 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.
(B) No person may be registered as a forester if the person has been convicted of a felony or crime involving moral turpitude; however, the applicant may be registered by the board if at least five years have passed since the person was convicted, sentenced, or released from incarceration, whichever is later.
Section 48-27-240. (A) An applicant for registration as a forester shall apply on forms prescribed and furnished by the board. The application shall contain statements made under oath stating the applicant's education and a detailed summary of the applicant's work experience and shall include not fewer than five references, of whom three or more must be foresters having personal or professional knowledge of the applicant's forestry experience. The fee for registration must be established by the board in regulation. If the board denies registration to an applicant, the initial fee paid must be retained by the board as an application fee.
(B) Written examinations must be held at such times and places as the board determines. Examination procedures must be prescribed by the board and subsequent examination must be granted upon payment of a fee established by the board in regulation.
Section 48-27-250. A new license to replace a lost, destroyed, or mutilated license may be issued, subject to regulations of the board, and upon payment of a fee to be established by the board in regulation.
Section 48-27-260. A person registered to practice forestry by a state or country whose requirements are commensurate with the requirements of this chapter, may be registered to practice forestry in this State upon payment of the fee and with license renewal privileges established pursuant to this chapter. However, if the person meets the requirement of Section 48-27-230(A)(1) and was licensed or registered in another state or country before June 1, 1991, regardless of that state's or country's examination requirement, the person is not required to pass an examination to be registered pursuant to this section. The board shall deny registration to a person applying pursuant to this section if the applicant has been convicted of a felony or crime involving moral turpitude. However, the applicant may be registered by the board if at least five years have passed since the applicant was convicted, sentenced, or released from incarceration, whichever is later.
Section 48-27-270. A registered forester shall place, as soon as is practically possible, any deposit money or other money received by him in a forestry transaction in a separate trust or escrow account maintained by the forester in a banking institution authorized to do business in the State, and the funds must be kept in the account 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 made available to a representative of the board upon request.
Section 48-27-280. If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."
SECTION 2. This act takes effect upon approval by the Governor.
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