South Carolina General Assembly
116th Session, 2005-2006

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Indicates Matter Stricken
Indicates New Matter

S. 630

STATUS INFORMATION

General Bill
Sponsors: Senator Campsen
Document Path: l:\council\bills\nbd\11578ac05.doc

Introduced in the Senate on March 16, 2005
Currently residing in the Senate Committee on Fish, Game and Forestry

Summary: Forestry Deregulation Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   3/16/2005  Senate  Introduced and read first time SJ-4
   3/16/2005  Senate  Referred to Committee on Fish, Game and Forestry SJ-4

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/16/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 85 TO TITLE 40 SO AS TO ENACT THE "FORESTRY DEREGULATION ACT" BY DEFINING THE PRACTICE OF FORESTRY, ESTABLISHING A MISDEMEANOR OFFENSE AND A CIVIL CAUSE OF ACTION FOR USING A DECEPTIVE, FALSE, OR MISLEADING STATEMENT IN THE PRACTICE OF FORESTRY, AND TO PROVIDE CRIMINAL AND CIVIL PENALTIES; AND TO REPEAL CHAPTER 27, TITLE 48, RELATING TO THE REGISTRATION OF FORESTERS AND THE CREATION, POWERS, AND DUTIES OF THE STATE BOARD OF FORESTRY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    This act may be cited as the "Forestry Deregulation Act".

SECTION    2.    Title 40 of the 1976 Code is amended by adding:

"CHAPTER 85

Forestry

Section 40-85-10.    The General Assembly recognizes that the practice of forestry is potentially harmful to the public in that existing common law and statutory causes of civil action or criminal prohibitions are not sufficient to eradicate existing harm or prevent potential harm.

Section 40-85-20.    As used in this chapter, 'practice of forestry' means any professional service relating to forestry including, but not limited to, consultation, investigation, evaluation, planning, or responsible supervision of forest management, protection, silviculture, measurements, utilization, economics, education, or other forestry activities in connection with any public or private lands.

Section 40-85-30.    (A)    A person who uses a deceptive statement in a document related to the practice of forestry is guilty of a Class C misdemeanor and, upon conviction, must be imprisoned for not more than one year or fined not more than five thousand dollars, or both, for each violation.

(B)    A person who obtains fees or assists in obtaining fees under deceptive circumstances for the practice of forestry is guilty of a Class C misdemeanor and, upon conviction, must be imprisoned for not more than one year or fined not more than five thousand dollars or both, for each violation.

Section 40-85-40.    (A)    A person who relies upon a false, misleading, or deceptive statement in a document related to the practice of forestry may recover in a civil action an amount equal to three times the full amount of ascertainable loss of money or property for this reliance, plus costs and reasonable attorney's fees as the court may allow. A civil action under this section for the recovery of lost money or property must be commenced within three years after payment or loss.

(B)    A person who pays fees based upon the use or employment of an unfair or deceptive method, act, or practice of forestry may recover in a civil action an amount equal to three times the full amount of the fees paid, plus costs and reasonable attorney's fees as the court may allow. A civil action under this section for the recovery of fees paid must be commenced within three years after payment."

SECTION    3.    Chapter 27, Title 48 of the 1976 Code is repealed.

SECTION    4.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    5.    This act takes effect upon approval by the Governor.

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