House Bill 986

AN ACT TO AMEND SECTION 73-36-21, MISSISSIPPI CODE OF 1972, TO ESTABLISH A LIMITED TIME PERIOD WITHIN WHICH A PERSON WITH CERTAIN QUALIFICATIONS MAY BE ISSUED A LICENSE AS A REGISTERED FORESTER; TO AMEND SECTION 73-36-35, MISSISSIPPI CODE OF 1972, TO DISALLOW CRIMINAL PROSECUTIONS OF THOSE QUALIFIED INDIVIDUALS UNTIL THE EXPIRATION OF THE LIMITED TIME PERIOD; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 73-36-21, Mississippi Code of 1972, is amended as follows:

73-36-21. (1) Any person who has graduated with a bachelor's degree or higher degree from a university or college of forestry in a curriculum in forestry acceptable to the board and found by the board to be substantially equivalent to curricula in schools of forestry accredited by the Society of American Foresters shall be eligible for registration as a registered forester, and a license shall be issued upon application and payment of the required fee, if the person files an application for registration with the board and successfully passes a written and/or oral examination.

(2) From the effective date of this act until sixty (60) days have elapsed following that date, any person who has been engaged in the occupation of forester for twenty (20) consecutive years and who is a high school graduate shall be issued a license as a registered forester, upon application and payment of the required fee to the board. The board may not require such a person to possess any other qualification, including an additional educational degree or the successful completion of any written or oral examination. Proof of engaging in the occupation of forester may consist of affidavits submitted by the applicant and one or more other person(s) having knowledge of the applicant's experience as a forester. Upon submission of such proof, the board does not have discretion to deny a license during the limited period of time specified in this subsection. The provisions of this subsection shall be repealed sixty-one (61) days after the effective date of this act.

SECTION 2. Section 73-36-35, Mississippi Code of 1972, is amended as follows:

73-36-35. (1) Any person whopractices or offers to practice the profession of forestry in this state as a registered forester without being registered in accordance with this chapter, or any person whouses in connection with his name, or otherwise assumes, uses or advertises any title or description tending to convey the impression that he is a registered forester without being registered in accordance with this chapter, or any person whopresents or attempts to use as his own the license of another, or any person whogives any false or forged evidence of any kind to the board or any member in obtaining a license, or any person whoattempts to use an expired or revoked license, or any person, firm, partnership or corporation whoviolates any of the provisions of this chapter and has not been issued an administrative fine by the board for the violation is guilty of a misdemeanor and, upon conviction,shall be fined not more than Five Thousand Dollars ($5,000.00) for each violation. The board, or any person or persons as may be designated by the board to act in its stead, is empowered to prefer charges for any violations of this chapter in any court of competent jurisdiction. It shall be the duty of all duly constituted officers of the law of this state to enforce the provisions of this chapter and to prosecute any persons, firms, partnerships or corporations violating same. The Attorney General of the state or his designated assistant shall act as legal advisor of the board and render such assistance as may be necessary in carrying out the provisions of this chapter.

(2) Until sixty (60) days have elapsed from the effective date of this act, a person may not be prosecuted for violations of this act if he has met the qualifications specified in Section 73-36-21(2) or has applied to be licensed as a registered forester under that provision. The provisions of this subsection shall be repealed sixty-one (61) days after the effective date of this act.

SECTION 3. This act shall take effect and be in force from and after its passage.