H. B. 4092
(By Delegates Morgan and Burdiss)
[Introduced January 18, 2008; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §30-19-6 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §30-19-12, all relating to the
licensure requirements of foresters and forestry technicians
and giving the Board of Foresters rule-making authority.
Be it enacted by the Legislature of West Virginia:
That §30-19-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §30-19-12, all to read as
follows:
ARTICLE 19. FORESTERS.
§30-19-6. General requirements and categories of licensure.
(a) The following is the minimum evidence required to satisfy
the board that the applicant is qualified for licensure and
entitled to use the title of "registered professional forester," "professional forester," "forester" or other title connoting to the
general public that the applicant is a registered forester
qualified to perform professional forestry services:
(1) Graduation from a four-year degree program or master's
degree program in professional forestry from an accredited college
or university plus two years related experience in the field of
forestry as defined by rule of the board; or
(2) Graduation from a two-year technical forestry program in
a program recognized by the society of American foresters, plus a
bachelor's degree from an accredited college or university and four
years related experience in the field of forestry as defined by
rule of the board.
(b) The following is the minimum evidence required to satisfy
the board that the applicant is qualified for licensure and
entitled to use the title of "registered forestry technician" or
"forestry technician": Graduation from a two-year technical
forestry program recognized by the society of American foresters
and four years related experience in the field of forestry as
defined by rule of the board.
(c) Evidence of graduation and completion of required courses
shall be presented by means of an official transcript which shall
be filed permanently with the board. Upon the effective date of
this section, the board may adopt an interpretive rule pursuant to
the provisions of article three, chapter twenty-nine-a of this code, for the limited purpose of providing information and guidance
to prospective applicants and the public related to the qualifying
experience considered acceptable to the board pursuant to this
section and to the job titles acceptable for use by persons
obtaining qualifying experience, until such time as a legislative
rule is made effective. On or before the first day of July, one
thousand nine hundred ninety-nine, the board shall propose for
legislative approval pursuant to the provisions of article three,
chapter twenty-nine-a of this code, rules authorized by this
article and article one of this chapter, which rules must include
provisions relating to a code of ethics for registered professional
foresters and registered forestry technicians.
(a) To be eligible for a license to practice forestry, as a
registered forester, the applicant must:
(1) Be of good moral character;
(2) Have a high school diploma or its equivalent;
(3) Successfully complete an examination as prescribed or
approved by the board. Those persons licensed as of the effective
date of this subdivision are not required to take the examination;
and
(4) Graduate from a four-year degree program or masters degree
program in professional forestry from an accredited college or
university and have two years' related experience in the field of
forestry; or
(5) Graduate from a two-year technical forestry program in a
program recognized by the Society of American Foresters, plus a
bachelor's degree from an accredited college or university and four
years' related experience in the field of forestry.
(b) To be eligible for a license to practice forestry, as a
registered forestry technician, the applicant must:
(1) Be of good moral character;
(2) Have a highschool diploma or its equivalent;
(3) Successfully complete an examination as prescribed or
approved by the board. Those persons that are licensed as of the
effective date of this subdivision are not required to take the
examination; and
(4) Graduate from a two-year technical forestry program
recognized by the Society of American Foresters and four years'
related experience in the field of forestry.
(c) Evidence of graduation and completion of required courses
shall be presented by means of an official transcript which shall
be filed permanently with the board.
§30-19-12. Rulemaking.
(a) The board shall propose rules for legislative approval,
in accordance with the provisions of article three, chapter
twenty-nine-a of this code, to implement the provisions of this
article, including:
(1) Standards and requirements for licensure to practice forestry;
(2) Procedures for examination and reexamination;
(3) Educational and experience requirements;
(4) Standards for approval of courses;
(5) Procedures for the issuance and renewal of licenses;
(6) A fee schedule;
(7) Continuing education requirements for licensees;
(8) The procedure for denying, suspending, revoking,
reinstating or limiting the practice of a licensee;
(9) Requirements for inactive or revoked licenses; and
(10) Any other rules necessary to effectuate the provisions
of this article.
(b) All rules in effect on the effective date of this article
shall remain in effect until they are amended, repealed or
replaced.
NOTE: The purpose of this bill is to change the requirements
for licensure as a forester or forestry technician and give the
Board of Foresters rule-making authority.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.