HB2690 H GO AM 3-3
Hubbard 3192
The Committee on Government Organization moved to amend the bill on page one, after the enacting clause by striking out the enacting section and the remainder of the bill in its entirety and inserting in lieu thereof the following all to read as follows:
“That §30-19-2, §30-19-3, §30-19-4, §30-19-5, §30-19-6, §30-19-7, §30-19-8, §30-19-9, §30-19-10, §30-19-11 §30-19-12, §30-19-13, §30-19-14, §30-19-15, §30-19-16, and §30-19-17, of the code of west Virginia, 1931, as amended, be repealed; that said code be amended by adding thereto a new section, designated §19-1A-6; and that §30-19-1 of said code be amended and reenacted, all to read as follows:
CHAPTER 19. AGRICULTURE.
ARTICLE 1A. DIVISION OF FORESTRY.
§19-1A-6. Registration of professional foresters; fee; unlawful use of certain professional titles; criminal penalties; injunction.
(a) The division shall maintain a registry of all persons who practice professional forestry in this state or represent themselves, for any commercial or professional purpose in this state, to be trained or qualified as a professional forester. Registrants must be certified as a Certified Forester or a Candidate Certified Forester by the Society of American Foresters and pay an annual registration fee in an amount established through an approved legislative rule, proposed by the director of the division.
(b) No person may, for any commercial or professional purpose in this state, use the title of registered professional forester, certified forester, candidate certified forester, professional forester, forester, forestry technician or any other title tending to convey to the general public that the person is trained as a forester qualified to perform professional forestry services unless that person has registered with the division. Any person who violates this provision is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 for the first offense, and for each subsequent offense, shall be fined not less than $500 nor more than $1,000, or confined in jail not more than six months, or both.
(c) The director of the division and his or her designees are authorized to investigate allegations of unlawful use of the professional titles referenced in subsection (b) of this section and to present evidence of violations to the prosecuting attorney of the county in which the violation or violations occurred. Whenever the director obtains information that a person has engaged in, is engaging in or is about to engage in any act which constitutes or will constitute a violation of the provisions of subsection (b) of this section, the director may apply to the circuit court for an order enjoining the act.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 19. FORESTERS.
§30-19-1. Use of descriptive title restricted;
termination of the West Virginia Board of Registration of Foresters.
(a) No person
may use in connection with his or her name or otherwise assume, use or
advertise any title or description tending to convey the impression that he or
she is a registered forester or registered forestry technician unless he or she
is certified in accordance with this article registered with the
Division of Forestry, created pursuant to the provisions of section three,
article one-a, chapter nineteen of this code.
(b) Nothing contained in this article shall be construed as preventing any person, firm, partnership or corporation from practicing forestry, managing woodlands or forests, removing any products or planting trees on any land, in any manner desired.
(c) The West Virginia Board of Registration of Foresters is hereby terminated in accordance with section twelve, article ten, chapter four of this code. Effective July 1, 2018, the board is terminated and the provisions of section two through section seventeen of this article shall cease to be effective. Upon the effective date of this section, the board shall begin winding up its affairs and take all necessary steps to effectuate the termination of the board and cease the regulation of foresters.
(d) On or before May 1, 2018, the board shall prepare and present a report to the West Virginia Division of Forestry listing all persons with active certifications from the board, the persons’ mailing addresses, telephone numbers and the name or names of the businesses through which each certified person practices professional forestry.
(e) On or before June 30, 2018, the board shall dispose of all assets, property and records pursuant to section thirteen, article ten, chapter four of this code. All unexpended funds in the Board of Foresters Fund shall be transferred into the State Road Fund.
(f) Effective July 1, 2018, all legislative rules promulgated by the board in accordance with sections five and six of this article are terminated and have no further force or effect.”
Adopted
Rejected