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Committee Substitute House Bill 4092 History

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HB4092 SUB
COMMITTEE SUBSTITUTE

FOR

H. B. 4092


(By Delegates Morgan and Burdiss)

[Originating in the Committee on Government Organization.]

[January 24, 2008]



A BILL to amend and reenact §30-19-3 and §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 Board of Forestry; adding a registered forestry technician to the board; providing for new licensure requirements of foresters and forestry technicians; and clarifying the Board of Foresters rule-making authority.

Be it enacted by the Legislature of West Virginia:
That §30-19-3 and §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.


§30-19-3. Board of registration -- Creation; appointment and terms of members.
(a) A state board of registration for foresters is hereby created continued whose duty it shall be to administer the provisions of this article. The board shall consist of five foresters who shall be appointed by the governor of West Virginia within thirty days after the effective date of this article, from among ten nominees recommended by the West Virginia Chapter, Society of American Foresters, by and with the consent of the Senate, and who shall possess the qualifications set forth under section four of this article. The five members of the initial board shall be appointed for terms of one, two, three, four and five years, respectively. On the expiration of the term of any member of the board, the governor, with the consent of the Senate, shall appoint in the manner hereinbefore provided, for a term of five years, a registered forester from among five nominees recommended by the West Virginia Chapter, Society of American Foresters, and having the qualifications set forth in section four of this article. 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 such member is appointed and until a successor shall have been duly appointed and qualified.
(b) Upon the next vacancy on the board, the Governor shall appoint, by and with the consent of the Senate, from among ten nominees recommended by the West Virginia Chapter of the Society of American Foresters, a registered forestry technician who possesses the qualifications set forth under section four of this article.
§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;
(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.




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