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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