Ladies and Gentlemen, Good Morning! I am Kenney P. Funderburke, Jr., of Summerville South Carolina. I am a forester, retired since 1991 after a 42 year career in public and industrial forestry. An alumnus of the University of Georgia, a Fellow of the Society of American Foresters, and a veteran practitioner of Forestry in Pennsylvania, I continue active in forestry affairs.. I currently hold a number of appointments within the Society of American Foresters, serve a fifth term as an officer of the Association of Southeastern Boards of Registration for Foresters (NC, SC, GA, AL, MS, AR), and am in the third year of a second five-year term on the South Carolina State Board of Registration for Foresters, which I chaired in 1995 and 1996.

I have been requested to appear before you today as a representative of a state board of registration for foresters with a lengthy history and a record of successful performance.

I worked for many years for a boss and CEO who when he delivered a speech, always told his audience what he was going to tell them, then he told them, what he had told them.

My assignment today is to speak on history, status and changes in foresters’ registration in South Carolina.

I shall begin by reviewing the history of the SC State Board of Registration for Foresters, follow that by general outline of the Board’s make-up and duties; summarizing briefly the current legislative mandate, regulations, and requirements, up-date you on its activities, and describe to you the direction the board believes it should take to best serve the interest of the total forestry community of SC, and some of the problems related thereto. Regulation, registration and licensing are sensitive subjects. Forestry as a profession is itself misunderstood, even by some of its practitioners. Such misconception or lack of knowledge, often leads to a totally erroneous interpretation, even at the highest levels. A cast in point: Late in 1996, a couple in Dallas, Texas wrote to Vice President Gore to express their concerns that a pending Amtrak consolidation would eliminate the "Texas Eagle, a passenger train connecting Dallas to Chicago and the west coast.

According to the Washington Post, the retired couple, lining on a fixed income, cited the advantage of lower cost and less stressful rail travel.

The White House, in a letter signed by the Vice President thanked the couple for their letter and went on to say, (and I quote) "I share your view that the urgent problem of species extinction and the conservation of biological diversity should be addressed. The first step in saving any plant or animal from extinction is to become aware of and respect the fragile ecosystems that make up our environment. I look forward to working with you for the future of our planet." (end quote).

Obviously, natural resource education (and railroad history) are subjects that need to be required of Vice Presidents and White House staffers.

In 1961, the South Carolina General Assembly by Act 367 created the SC State Board of registration.

That Act and the provisions thereof may be found in Volume 16A, Title 48, Chapter 27 of the SC Code of Laws. There have been amendments through 1994.

The duties of the Board include Administration of the provisions of the Act, and the Board has the authority to require examination, to promulgate regulations, set policy, issue licenses, deny or revoke same, develop regulations for continuing education, set fees, require accountability regarding escrow accounts, publish a roster, etc. ect. ect..

The Board is made up of five professional foresters nominated by the Forester’s Council of South Carolina, and two non- forester members nominated by the South Carolina Forestry Association, appointed by the Governor. Other nominations may occur by gentlemen’s agreement (but not a requirement), The foresters on the board represent forest industry, academia, the South Carolina Commission of Forestry, the U. S. Forest Service, and consultants. Appointments are for terms of five years, and incumbents may succeed themselves.

Currently, there are about 950 foresters registered in SOUTH CAROLINA and of that, about one-fourth are registered by reciprocity. About 650 of those registered reside within the state.

During its first thirty years the Board operated understaffed and underfunded. It functioned as a credentialling agency, investigated complaints, and took action as required. It was twice threatened with "Sundowning" by the legislative review commission for not following its own rules. On both occasions the forestry community rose in support, and the Board survived. Ironically, the Legislative Review Commission did not!

About five years ago, the restructuring of the State Government moved the administrative (Support) function from the Board to the Department of Labor, Licensing, and Regulation. The Board continues to function as the policy-maker, and the change has strengthened the Board as it now has legal counsel, financial flexibility, law enforcement and investigative support. Unequivocally, the change has been an improvement, despite early difficulties.

The reorganization of state government resulted in a new Act (the Engine Bill) that is at odds with certain provisions of the original act that established the Board. Currently, the Acts are in conflict on matters of administration and on matters of penalties and legal process.

A modification (in fact, a new Act) to the 1961 Act is required, and one was introduced in the General Assembly in 1997. It originally provided for the changes to make it compatible with the Engine Bill and also included certain changes the Board considered necessary. These included provisions to expand (and rename the Board); the Board to provide for registration of forest technicians and urban foresters; to require different examinations for each group; to provide appropriate certificates; to eliminate all "grandfather" provisions; and thus to require that use of the term Registered Forester require the absolute ,minimum a bachelor’s degree in Forestry. Also certain changes in escrow handling and a requirement that all client-forester relationships be documented by written contract. All of these provisions were ultimately struck from the bill by the Board, which then did not emerge from committee. The Board was encouraged by the committee to be re-submitted in 1998 with these proposed changes included. A small but vocal group of (about five) consulting foresters of the ninety or so in South Carolina considers the current emphasis upon accountability as oppressive. They (and they alone) would abolish the Board, or would strip it of all regulatory powers. They also advocate, should these actions not occur, that no retirees of whatever qualifications sit upon the Board, that representation of the U.S. Forest Service and academia on the Board be eliminated, and that more (a majority) consultants be appointed, so that (quote) the governed be administered by their own kind (end quote). A task force to study the issue has been formed, and it is likely that a bill to enact these ideas will be submitted to the state legislature. It will fail.

A new revised bill from the Board will be submitted to the legislature in 1999. It will embody some suggestions from this group, including providing for terms of three years with no succession (but allowing subsequent service), and providing for two-year licensing periods.

Most of the suggestions for change have come from registered foresters and the public. The public (and of late, miscreants) appear with regularity at the board meetings. Suggestions and complaints are heard and investigated and acted upon.

The Board believes strongly that education of both a technical and general nature are necessary requirements for foresters to provide quality services, and that education must include instruction in, development of, and adherence to, high ethical standards.

The Board is firm in its resolve to pursue higher standards for, and more specific - accountability by, those in the practice of forestry in South Carolina.

The Board is keenly aware that the changes proposed are viewed by some as to restrictive, or too invasive, or too radical.

However, the Board strongly believes that the profession of forestry frequently (and almost continuously) shoots itself in the foot. The profession continues to prate or spout rhetoric about being professional, while its actions tend to indicate otherwise, both to practitioners and public. It is the belief of the Board that no truly professional group and no agency overseeing, regulating or licensing that group should accept less than professional education as a basis for professional practice and for denomination as a professional. We strongly believe that registration, licensing and regulation of those practicing forestry (not regulation of the practice of forestry) is to be desired. The professions of law, medicine and engineering, as examples, are under the oversight of their respective professional and governmental regulatory or licensing bodies. The profession of forestry requires no less.

I have reviewed the make-up and history of the board. Ditto duties and obligations, legislative mandate, etc. ect.

I have updated you on its activities.

I have mentioned changes proposed by the Board.

I have mentioned certain unhappiness by some who feel unduly burdened.

The fact remains, however, that forestry flourishes in South Carolina where it is, depending upon one’s point of view, the second or third largest contributor to the gross product of the state. It flourishes, in part, because of the requirement that foresters meet the high standards set by the state board.

Thank you.

I shall be pleased to respond to questions.