05 LC 25
3868
Senate
Bill 95
By:
Senators Harp of the 29th, Kemp of the 46th, Stephens of the 27th, Hudgens of
the 47th and Seabaugh of the 28th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 43 of the Official Code of Georgia Annotated, relating to
professions and businesses, so as to regulate the practice of soil science; to
provide for a short title; to provide for legislative purpose; to define certain
terms; to provide for inapplicability; to provide for the State Licensing Board
for Professional Soil Scientists; to provide for board powers and duties; to
provide for administration; to provide for certain records; to provide for
filing and service of documents; to provide for applications; to provide for
eligibility; to provide for licensing; to provide for refusal and discipline; to
provide for seals; to provide for a code of professional conduct; to provide for
charges of violations; to require utilization of licensees by government
entities; to provide for a legal adviser; to provide for exemptions; to make
certain acts unlawful; to provide punishment for violations; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
43 of the Official Code of Georgia Annotated, relating to professions and
businesses, is amended by inserting a new chapter to read as
follows:
"CHAPTER
43B
43-43B-1.
This
chapter shall be known and may be cited as the 'Soil Scientists Licensing
Act.'
43-43B-2.
The
purposes of this chapter are to protect life, property, health, and public
welfare through regulation of the practice of soil science in the state; to
define the practice of soil science as a profession by establishing minimum
standards of ethical conduct and professional responsibility and by establishing
professional education and experience requirements; and to prevent abuses in the
practice of soil science by untrained or unprincipled individuals. This action
recommends itself through benefits to the people of this state and promotion of
the public welfare. These benefits are in the field of soil science as related
to on-site disposal of domestic waste water (septic systems), land treatment of
various waste waters, byproducts, and residual solids on land, bioremediation,
erosion and sedimentation, soil productivity, protection of surface and ground
water, identification of wetlands and unique natural resources, and other soil
matters of concern to the people of the state.
43-43B-3.
As
used in this chapter, the term:
(1)
'Board' means the State Licensing Board for Professional Soil
Scientists.
(2)
'License' means a certificate issued by the board to an individual who satisfies
the requirements established for a licensed soil scientist under this chapter
and the rules and regulations adopted pursuant to this chapter.
(3)
'Licensed soil scientist' means a person who is licensed as a soil scientist
under this chapter.
(4)
'Public practice of soil science' means any service or work, the adequate
performance of which requires education in the physical, chemical, and
biological sciences, as well as soil science; training and experience in the
application of special knowledge of these sciences to the use and management of
soils by accepted principles and methods; investigation, evaluation, and
consultation in the use and management of soils; and in which the performance
is related to the public welfare by safeguarding life, health, property, and the
environment. The term includes, but is not limited to, investigating and
evaluating the interaction between water, soil, nutrients, plants, and other
living organisms that are used to prepare soil scientists´ reports for
subsurface ground absorption systems, including infiltration galleries; land
application of residuals such as sludge, septage, and other wastes; spray
irrigation of waste water; soil remediation at conventional rates; land
application of agricultural products and processing residues; bioremediation and
volatilization; soil erodibility and sedimentation; and identification of hydric
soil and redoximorphic features.
(5)
'Responsible charge of work' means the independent control and direction, by the
use of initiative, skill, and independent judgment, of soil science work or the
supervision of such work.
(6)
'Soil' means the unconsolidated mineral or organic matter on the surface of the
earth that has been subjected to and influenced by genetic and environmental
factors of parent material, climate (including water and temperature effects),
microorganisms, and topography, all acting over time and producing a product
that differs from the material from which it is derived in many physical,
chemical, biological, and morphological properties and
characteristics.
(7)
'Soil science' means the science dealing with soils as an environmental
resource. Soil science includes soil characterization, classification, and
mapping; the physical, chemical, hydrologic, mineralogical, biological, and
microbiological analysis of soil; and the assessment, analysis, modeling,
testing, evaluation, and use of soil for the benefit of mankind. Soil science
does not include design or creative works, the adequate performance of which
requires extensive geological, engineering, land surveying, forestry, or
landscape architecture education, training, and experience or requires
registration as a geologist under Chapter 19 of this title, professional
engineer or land surveyor under Chapter 15 of this title, or forester under Part
2 of Article 1 of Chapter 6 of Title 12 or licensing as a landscape architect
under Chapter 23 of this title.
(8)
'Soil scientist-in-training' means a person who has passed the examination and
satisfied all other requirements for licensure under this chapter except for the
professional work experience requirement.
(9)
'Subordinate' means any person who assists a licensed soil scientist in the
practice of soil science without assuming the responsible charge of
work.
43-43B-4.
This
chapter does not apply to the following individuals:
(1)
An officer or employee of:
(A)
The federal government;
(B)
The state government; or
(C)
Any local government
while
such officer or employee is providing soil science services for the
officer´s or employee´s employer;
(2)
An individual engaged solely in soil science research or the instruction of soil
science;
(3)
An individual not engaged in the public practice of soil science;
(4)
A professional engineer registered under Chapter 15 of this title who applies
soil science to the practice of engineering;
(5)
A professional geologist registered under Chapter 19 of this title who applies
soil science to the practice of geology;
(6)
A professional forester registered under Part 2 of Article 1 of Chapter 6 of
Title 12 who applies soil science to the practice of forestry;
(7)
A person who is a certified professional in erosion and sediment control (CPESC)
or soil conservationist who uses soil science in making land use decisions for
the conservation of soil and water resources;
(8)
A professional wetlands specialist who applies soil science to make wetland
delineations or determinations; or
(9)
A person who conducts soil sampling solely for the purpose of determining plant
nutrient and lime application rates for gardening and agricultural
purposes.
43-43B-5.
(a)
The State Licensing Board for Professional Soil Scientists is created, whose
duty it shall be to administer this chapter. The board shall be comprised
of:
(1)
Five members who shall be eligible for licensure under this chapter and who on
and after July 1 of the year following the effective date of this chapter shall
be soil scientists licensed under this chapter, one of whom shall be an academic
soil scientist, one a governmental soil scientist, one a salaried company soil
scientist, one an independent or consultant soil scientist, and one a soil
scientist at large;
(2)
A sixth member who shall be appointed from the public at large and who shall
have no connection whatsoever with the practice of professional soil science;
and
(3)
The commissioner of human resources, ex officio, or his or her designated
agent.
(b)
The members of the board provided for in paragraphs (1) and (2) of subsection
(a) of this Code section shall be appointed by the Governor, subject to approval
as to qualifications by the commissioner of human resources and confirmation by
the Senate, for terms of five years and until their successors are appointed and
qualified. On the expiration of the term of any member, the member´s
successor shall be appointed in the same manner as regular
appointments.
(c)
Each member of the board shall be a citizen of the United States and a resident
of the State of Georgia.
(d)
No person shall serve as a member of the board for more than one consecutive
five-year term.
(e)
The Governor may remove any member of the board the same as provided by Code
Section 43-1-17. Vacancies in the membership of the board shall be filled for
the unexpired term by appointment by the Governor as provided for in this
chapter.
(f)
The members of the board shall, before entering upon the discharge of their
duty, subscribe to and file with the office of the Governor the required oath of
office, whereupon the Governor shall issue to each appointee a certificate of
appointment.
(g)
Each member of the board shall be reimbursed as provided for in subsection (f)
of Code Section 43-1-2.
43-43B-6.
(a)
In addition to other powers and duties specified in this chapter, the board
shall:
(1)
Promulgate, adopt, amend, and repeal all rules and regulations necessary for its
government and for carrying this chapter into effect for the regulation of
proceedings before the board. The board and all of its rules, regulations, and
procedures are subject to and shall comply with Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act';
(2)
Adopt and have an official seal;
(3)
Elect from its membership a chairperson, a vice chairperson, and any other
officers deemed necessary who shall hold office for a term of one
year;
(4)
Issue, renew, refuse to renew, deny, suspend, revoke, and reinstate licenses or
otherwise discipline licensees under this chapter;
(5)
Initiate investigations for the purpose of discovering violations of this
chapter;
(6)
Hold hearings on all matters properly brought before the board and, in
conjunction therewith, to administer oaths, receive evidence, make necessary
findings, and enter orders consistent with the findings. The board may
designate one or more of its members as its hearing officer;
(7)
Adopt a code of professional conduct;
(8)
Establish and receive fees as required by this chapter;
(9)
Examine and determine the qualifications and fitness of applicants for licenses
to practice soil science in this state;
(10)
Bring proceedings in the courts for the enforcement of this chapter or any rules
or regulations promulgated pursuant to this chapter;
(11)
Establish reasonable standards for continuing professional education for soil
scientists; provided, however, that no examination shall be required for a
renewal of a license; and
(12)
Have such other powers and duties as are necessary to effectuate the purposes of
this chapter.
(b)
The board shall not be under the jurisdiction of the director of the
professional licensing boards division within the Office of the Secretary of
State but shall be an independent state agency attached to the Department of
Human Resources for administrative purposes only as provided by Code Section
50-4-3. The board shall have with respect to all matters within its
jurisdiction as provided under this chapter the same powers, duties, and
functions as professional licensing boards as provided in Chapter 1 of this
title.
43-43B-7.
All
appeals from a decision of the board, all documents or applications required by
law to be filed with the board, and any notice or legal process to be served
upon the board shall be filed with or served upon the division director at his
or her office.
43-43B-8.
An
application for licensing as a soil scientist shall be made under oath and shall
show the applicant´s education and a detailed summary of the
applicant´s professional work experience as a soil scientist. The
application shall be accompanied by an application fee fixed by the
board.
43-43B-9.
(a)
To be eligible for a license as a soil scientist in this state, an applicant
shall meet each of the following minimum qualifications:
(1)
Be of good ethical character;
(2)
Hold at least a bachelor´s degree in science from an accredited college or
university with a major in soil science or a related field of science. Such
degree shall include a minimum of 30 semester hours or equivalent quarter credit
hours in agricultural, biological, chemical, physical, or earth sciences, with a
minimum of 15 semester credit hours or equivalent quarter credit hours in soil
science courses;
(3)
Have at least four years of professional work experience as a soil scientist
under the supervision of a licensed soil scientist or a soil scientist who is
eligible for licensure under this chapter. An applicant may substitute an
advanced degree in soil science for a portion of the professional work
experience requirement. The board, in its discretion, may allow an applicant to
substitute a master´s degree in soil science for one year of professional
work experience and to substitute a doctoral degree in soil science for two
years of professional work experience. The board, in its discretion, may allow
an applicant to substitute experience gained through teaching upper-level soil
science courses at the college or university level or research in soil science
for all or any portion of the professional work experience requirement if the
board finds the teaching or research to be equivalent to the responsible charge
of work by a soil scientist; and
(4)
Successfully pass such examinations as are established by the board and which
are designed to demonstrate that the applicant has the necessary knowledge and
skill to exercise the responsibilities of the public practice of soil
science.
(b)
The board shall designate an applicant who meets all the requirements for a
license under this chapter except the professional work experience requirement
as a soil scientist-in-training. A soil scientist-in-training may apply for a
license upon completion of the professional work experience
requirement.
(c)(1)
The board shall waive examination requirements for licensing for an individual
who, on the effective date of this chapter, is certified as a soil scientist or
soil classifier by:
(A)
The American Registry of Certified Professionals in Agronomy, Crops, and Soils
(ARCP ACS); or
(B)
The Department of Human Resources.
(2)
Examinations shall be held at least annually.
(3)
The board shall determine the fee for and the scope, form, and content of the
examinations provided for under this chapter.
(d)
A person holding a license to engage in the practice of soil science on the
basis of comparable licensing requirements issued to him or her by a proper
authority of another state, territory, or possession of the United States or the
District of Columbia and who, in the opinion of the board, otherwise meets the
requirements of this chapter based on verified evidence may be licensed upon
application without further examination.
43-43B-10.
(a)
The board shall issue a license, upon payment of the license fee set by the
board, to any applicant who, in the opinion of the board, has satisfactorily met
the requirements of this chapter.
(b)
All licenses shall be renewable biennially at such time as may be designated by
the board. All applications for renewal shall be filed with the board prior to
the expiration date, accompanied by the renewal fee prescribed by the board. A
license which has expired for failure to renew may only be reinstated after
application and payment of the prescribed reinstatement fee within six months of
the expiration date, provided that the applicant meets such requirements as the
board may establish by rule.
(c)
A new license to replace any license that is lost, destroyed, or mutilated may
be issued subject to the rules of the board and payment of a fee set by the
board.
43-43B-11.
(a)
The board shall have the authority to refuse to grant a license to an applicant
therefor or to revoke or suspend the license of a person licensed by the board
or to otherwise discipline a person licensed by the board the same as provided
in Code Section 43-1-19 for professional licensing boards.
(b)
The action by the board in granting or refusing to grant or renew a license
under this chapter or in revoking or suspending or in refusing to revoke or
suspend such a license may be appealed in accordance with Chapter 13 of Title
50, the 'Georgia Administrative Procedure Act,' to the superior court of the
county of domicile of the board; provided, however, that if the findings of the
board are supported by any evidence, such findings shall be accepted by the
court.
43-43B-12.
Each
licensee under this chapter may use a seal of such design as is authorized by
the board, bearing the licensee´s name and the legend 'Licensed
Professional Soil Scientist.' All drawings, reports, or other papers or
documents involving the practice of soil science, as defined in this chapter,
which shall have been prepared or approved by a licensed soil scientist or a
subordinate employee under his or her direction for the use of or for delivery
to any person or for public record within this state shall be signed by him or
her and impressed with the seal provided for in this Code section or the seal of
a nonresident practicing under this chapter, either of which shall indicate his
or her responsibility for them.
43-43B-13.
The
board shall keep a record and shall publish annually a roster showing the names,
places of business, and residence addresses of all soil scientists licensed
under this chapter. Copies of such roster shall be made available to the public
upon request and payment of a reasonable fee, established by the board, for
copying.
43-43B-14.
The
board shall prepare and adopt by rule a code of professional conduct that shall
be made known in writing to every licensee and applicant for licensing under
this chapter and shall be published by the board. Publication of the code of
professional conduct shall be due notice to all licensees of its contents. The
board may revise and amend such code of professional conduct. Prior to adoption
of any revision or amendments, all licensed members and the public shall receive
due notice and an opportunity to be heard.
43-43B-15.
Any
person may file written charges of violations of this chapter or any rules
adopted pursuant to this chapter with the board against any licensee. Any
charges or allegations shall be in writing, shall be sworn to by the person
making them, and shall be filed with the board. The board shall investigate all
reasonably valid complaints.
43-43B-16.
On
and after January 1 of the year following the effective date of this chapter,
this state and its political subdivisions, such as a county, a municipality, or
a legally constituted board, district, commission, or authority, shall contract
for soil science services only with persons licensed under this chapter or with
a firm employing a licensed soil scientist.
43-43B-17.
(a)
This chapter shall not prohibit one or more soil scientists from practicing
through the medium of a sole proprietorship, partnership, limited liability
company, or corporation. In a partnership, limited liability company, or
corporation whose primary activity consists of soil science services, at least
one partner, member, or officer shall be a licensed soil scientist.
(b)
This chapter shall not prevent or prohibit an individual, firm, company,
association, or corporation whose principal business is other than the public
practice of soil science from employing a unlicensed soil scientist to perform
nonpublic soil science services necessary to the conduct of its
business.
(c)
This chapter shall not be construed to prevent or to affect:
(1)
The practice of any profession or trade for which a license is required under
any other provision of this Code;
(2)
The practice of registered professional engineers from lawfully practicing soils
mechanics, foundation engineering, and other professional engineering as
provided in this title; or
(3)
The practice of a person who is not a resident of and has no established place
of business in this state or who has recently become a resident of this state
practicing or offering to practice the profession of soil science in this state
for more than 30 days in any calendar year if the person shall have filed with
the board an application for a license and shall have paid the fee required by
this chapter. Such practice shall continue only for such time as the board
requires for the consideration of the applicant for licensing.
43-43B-18.
(a)
It shall be unlawful for any person other than a licensed soil scientist or a
subordinate under the soil scientist´s direction and not otherwise exempt
under this chapter to conduct or participate in any practice of soil science or
prepare any soil science reports, maps, or documents related to the public
welfare or the safeguarding of life, health, property, or the
environment.
(b)
It shall be unlawful for any person, including a soil scientist-in-training or a
subordinate, to practice, or offer to practice, soil science in this state or to
use in connection with his or her name, otherwise assume, or advertise any title
or description tending to convey the impression that he or she is a licensed
soil scientist unless that person has been duly licensed or is exempted under
the provisions of this chapter.
(c)
It shall be unlawful for anyone other than a licensed soil scientist to stamp or
seal any soils related plans, maps, reports, or other soils related documents
with the seal or stamp of a licensed soil scientist or use in any manner the
title 'soil scientist' unless that person is licensed under this
chapter.
(d)
It shall be unlawful for any person to affix his or her signature to, stamp, or
seal any soils related plans, maps, reports, or other soils related documents
after the license of the person has expired or been suspended or
revoked.
(e)
It shall be unlawful for a licensed soil scientist to prepare plats and maps so
as to engage in the practice of land surveying as defined in Code Section
43-15-2 unless the licensed soil scientist is also a registered land surveyor
under Chapter 15 of this title.
(f)
It shall be unlawful for a licensed soil scientist to engage in the design of
engineering works and systems unless the licensed soil scientist is also a
registered professional engineer under Chapter 15 of this title.
(g)
It shall be unlawful for a licensed soil scientist to engage in the practice of
geology unless the licensed soil scientist is also a registered geologist under
Chapter 19 of this title.
(h)
Subsections (a) and (b) of this Code section shall apply only to acts committed
on or after January 1 of the year following the effective date of this
chapter.
43-43B-19.
(a)
A person who:
(1)
Willfully practices soil science or offers to practice soil science for any
other person in this state without being licensed and who is not otherwise
exempt in accordance with the provisions of this chapter;
(2)
Presents or attempts to use as his or her own the license or the seal of any
other soil scientist;
(3)
Gives any false or forged evidence in the course of applying for a license under
this chapter;
(4)
Impersonates a licensed soil scientist;
(5)
Practices or attempts to practice at any time while his or her license is
suspended or revoked; or
(6)
Commits any other act made unlawful by this chapter
shall
be guilty of a misdemeanor.
(b)
Paragraph (1) of subsection (a) of this Code section shall apply only to acts
committed on or after January 1 of the year following the effective date of this
chapter."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.