SB449.html

Senate Bill 449
By: Senators Seabaugh of the 28th and Balfour of the 9th
AS PASSED

To amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to repeal certain provisions relating to registered public accountants; to provide that public accountants shall upon application be certificated as certified public accountants; to remove references to registered public accountants; to change certain provisions relating to use of titles and devices, false or fraudulent claims, and regulation of solicitation of employment; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to remove references to registered public accountants; to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to engineers and land surveyors, so as to change requirements for eligibility for certification as an engineer-in-training and eligibility for a certificate of registration as a professional engineer; to change requirements for eligibility for certification as a land surveyor-in-training and for a certificate of registration as a land surveyor; 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 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 amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to remove references to registered public accountants; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, so as to remove references to registered public accountants; to provide for related matters; to provide for effective dates; to provide for certain funding contingencies; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, is amended by striking Code Section 43-3-13, relating to requirements for certificate of "registered public accountant," and inserting in its place the following:
"43-3-13.
Notwithstanding any other provision of this chapter, on and after July 1, 2004, each registered public accountant who holds a live permit and who is in good standing shall upon application be certificated as a certified public accountant. On and after July 1, 2004, the board shall not consider any application for a certificate of registered public accountant."

Said chapter is further amended by repealing and reserving Code Section 43-3-14, relating to examinations for registered public accountants; Code Section 43-3-16, relating to certificate holder as "registered public accountant," list of registered public accountants, and periodic registration; Code Section 43-3-18, relating to reciprocity for registered public accountants; and Code Section 43-3-19, relating to persons holding registered public accountant certificates as of July 1, 1977.

Said chapter is further amended by striking subsection (b) of Code Section 43-3-21, relating to registration requirements for firms of public accountants or certified public accountants, by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively, and by striking subsection (a) and inserting in its place the following:
"(a) A firm practicing public accountancy in this state shall register with the board as a firm of certified public accountants, provided it meets the following requirements:
(1) Each partner, member, or shareholder of the firm shall be a certified public accountant of some state in good standing;
(2) The firm shall be in compliance with all requirements and provisions of state law governing the organizational form of the firm;
(3) The firm shall comply with all regulations pertaining to firms registered with the board; and
(4) The resident manager of the office of the firm and each partner, member, or shareholder thereof personally engaged within this state in the practice of public accountancy shall be a certified public accountant of this state in good standing."

Said chapter is further amended by striking subsection (a) and paragraph (1) of subsection (b) of Code Section 43-3-24, relating to issuance of permits to practice accountancy and issuance of temporary permits to nonresidents, and inserting in their place the following:
"(a) A permit to engage in the practice of public accountancy in this state shall be issued by the division director, at the direction of the board, to each person who is certificated as a certified public accountant under Code Sections 43-3-6 through 43-3-12 or registered as a foreign accountant under Code Section 43-3-20 who shall have furnished evidence, satisfactory to the board, of compliance with the requirements of Code Section 43-3-25, and to individuals and firms registered under Code Section 43-3-21, provided that such entities are maintained and registered as required under Code Sections 43-3-21 and 43-3-23. There shall be a biennial permit fee in an amount to be determined by the board."
"(1) An applicant for a temporary permit under this subsection shall show that he or she is duly licensed and authorized to practice as a certified public accountant or as a firm of certified public accountants or the equivalent in another state and shall give the name of each person who will be engaged in the practice of public accounting in this state in the performance of the professional engagement which is the subject of the application;"

Said chapter is further amended by striking subsection (a) of Code Section 43-3-25, relating to continuing professional education requirements, and inserting in its place the following:
"(a) Every application for renewal of a live permit by any individual who is and has been certificated as a certified public accountant or registered as a foreign accountant by this state for one year or more shall be accompanied or supported by such evidence as the board shall prescribe of satisfactory completion of continuing professional education as provided in this Code section, provided that the board may relax or suspend requirements of continuing professional education in instances where an applicant´s health requires it or in instances of individual hardship."

Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 43-3-28, relating to revocation, suspension, or refusal to renew certificate, registration, or permit and immunity, and inserting in its place the following:
"(a) After notice and hearing as provided in Code Section 43-3-30, the board may revoke or suspend any certification issued under Code Sections 43-3-6 through 43-3-12 or a registration issued under Code Section 43-3-20 or may revoke, suspend, or refuse to renew any live permit or may censure the holder of any such permit for any cause which the board may deem sufficient, including, without limiting the generality of the foregoing, any one or any combination of the following causes:"

Said chapter is further amended by striking subsections (c) and (d) of Code Section 43-3-35, relating to use of titles or devices, false or fraudulent claims, and regulation of solicitation of employment, by redesignating subsections (f), (g), (h), and (i) as subsections (d), (e), (f), and (g), respectively, and by striking subsection (e) and inserting in its place the following:
"(c) No individual, firm, or any other person or entity shall assume or use: (1) any title or designation likely to be confused with 'certified public accountant,' including, without limiting the generality of the foregoing, 'certified accountant,' 'enrolled accountant,' 'licensed accountant,' 'licensed public accountant,' or 'registered accountant'; or (2) any abbreviation likely to be confused with 'C.P.A.,' including, without limiting the generality of the foregoing, 'C.A.,' 'E.A.,' 'R.A.,' 'L.A.,' or 'L.P.A.,' provided that a foreign accountant registered under Code Section 43-3-20 who holds a live permit and all of whose offices in this state for the practice of public accountancy are maintained and registered as required under Code Sections 43-3-21 and 43-3-23 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree."

Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to engineers and land surveyors, is amended by striking Code Section 43-15-8, relating to eligibility for certification as an engineer-in-training, and inserting in lieu thereof the following:
"43-15-8.
(a) To be eligible for certification as an engineer-in-training, an applicant applying prior to July 1, 2010, must meet the following minimum requirements:
(1)(A) Graduate in an engineering curriculum of not less than four years from a school or college approved by the board; and
(B) Pass a written examination in fundamental engineering subjects (engineer-in-training examination);
(2)(A) Graduate in an engineering curriculum of not less than four years or in a curriculum of four or more years in engineering technology or related science, from a school or college approved by the board; and
(B) Pass a written examination in fundamental engineering subjects (engineer-in-training examination); or
(3)(A) Acquire not less than eight years of experience in engineering work of a nature satisfactory to the board; and
(B) Pass a written examination in fundamental engineering subjects (engineer-in-training examination).
(b) To be eligible for certification as an engineer-in-training, an applicant applying on or after July 1, 2010, must meet the following minimum requirements:
(1)(A) Graduate in an engineering curriculum of not less than four years from a school or college approved by the board; and
(B) Pass a written examination in fundamental engineering subjects (engineer-in-training examination); or
(2)(A) Graduate in an engineering curriculum of not less than four years or in a curriculum of four or more years in engineering technology or related science, from a school or college approved by the board; and
(B) Pass a written examination in fundamental engineering subjects (engineer-in-training examination)."

Said chapter is further amended by striking Code Section 43-15-9, relating to eligibility for a certificate of registration as a professional engineer, and inserting in lieu thereof the following:
"43-15-9.
(a) To be eligible for a certificate of registration as a professional engineer, an applicant applying prior to July 1, 2013, must meet the following minimum requirements:
(1)(A) Obtain certification by the board as an engineer-in-training under paragraph (1) of subsection (a) of Code Section 43-15-8;
(B) Acquire a specific record of not less than four years´ experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and
(C) Subsequently pass a written examination in the principles and practice of engineering (professional engineer´s examination);
(2)(A) Obtain certification by the board as an engineer-in-training under paragraph (2) of subsection (a) of Code Section 43-15-8;
(B) Acquire a specific record of not less than seven years´ experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and
(C) Subsequently pass a written examination in the principles and practice of engineering (professional engineer´s examination);
(3)(A) Obtain certification by the board as an engineer-in-training under paragraph (3) of subsection (a) of Code Section 43-15-8;
(B) Acquire a specific record of not less than seven years´ experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and
(C) Subsequently pass a written examination in the principles and practice of engineering (professional engineer´s examination); or
(4)(A) Graduate in an engineering or related science curriculum of not less than four academic years;
(B) Acquire a specific record of not less than 16 years´ experience in engineering work, of which at least eight years have been in responsible charge of important engineering work of a character satisfactory to the board, which indicates the applicant is competent to practice professional engineering; and
(C) Subsequently pass a written examination in the principles and practice of engineering (professional engineer´s examination).
(b) To be eligible for a certificate of registration as a professional engineer, an applicant applying after July 1, 2013, must meet the following minimum requirements:
(1)(A) Obtain certification by the board as an engineer-in-training under paragraph (1) of subsection (a) or paragraph (1) of subsection (b) of Code Section 43-15-8;
(B) Acquire a specific record of not less than four years´ experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and
(C) Subsequently pass a written examination in the principles and practice of engineering (professional engineer´s examination); or
(2)(A) Obtain certification by the board as an engineer-in-training under paragraph (2) of subsection (a) or paragraph (2) of subsection (b) of Code Section 43-15-8;
(B) Acquire a specific record of not less than seven years´ experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and
(C) Subsequently pass a written examination in the principles and practice of engineering (professional engineer´s examination)."

Said chapter is further amended by striking Code Section 43-15-12, relating to eligibility for certification as a land surveyor-in-training, and inserting in lieu thereof the following:
"43-15-12.
(a) To be eligible for certification as a land surveyor-in-training, an applicant applying prior to July 1, 2010, must meet the following minimum requirements:
(1)(A) Earn a bachelor´s degree in a curriculum approved by the board; or
(B) Earn an associate degree, or its equivalent, in a curriculum approved by the board and acquire not less than two years of combined office and field experience in land surveying of a nature satisfactory to the board; or
(C) Earn a high school diploma, or its equivalent, and acquire not less than four years´ experience in land surveying of a nature satisfactory to the board; and
(2) Acquire a minimum of 12 semester hours´ credit, or its equivalent, in land surveying subjects in a course of study approved by the board; provided, however, that three hours are in hydrology; and
(3) Subsequently pass the Fundamentals of Land Surveying (FLS) examination, prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board.
(b) To be eligible for certification as a land surveyor-in-training, an applicant applying on or after July 1, 2010, must meet the following minimum requirements:
(1) Earn a bachelor´s degree in a curriculum approved by the state board consisting of a minimum of 18 semester hours or 30 quarter hours´ credit, or the equivalent, in land surveying subjects, including a minimum of three semester hours or five quarter hours of hydrology; and
(2) Subsequently pass the Fundamentals of Land Surveying (FLS) examination, prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board."

Said chapter is further amended by striking Code Section 43-15-13, relating to eligibility for a certificate of registration as a land surveyor, and inserting in lieu thereof the following:
"43-15-13.
(a) To be eligible for a certificate of registration as a land surveyor prior to July 1, 2013, an applicant must meet the following minimum requirements:
(1)(A) Obtain certification as a land surveyor-in-training under subparagraph (a)(1)(A) and paragraphs (2) and (3) of subsection (a) of Code Section 43-15-12;
(B) Acquire a specific record of the equivalent of not less than four years of combined office and field experience in land surveying with a minimum of three years´ experience in responsible charge of land surveying projects under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof; and
(C) Subsequently pass a written examination on the principles and practices of land surveying and the laws of this state relating to land surveying (land surveyor examination);
(2)(A) Obtain certification as a land surveyor-in-training under subparagraph (a)(1)(B) and paragraphs (2) and (3) of subsection (a) of Code Section 43-15-12;
(B) Acquire an additional specific record of the equivalent of not less than four years of combined office and field experience in land surveying which, together with the qualifying experience under subparagraph (a)(1)(B) of Code Section 43-15-12, includes not less than four years´ experience in responsible charge of land surveying projects under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof; and
(C) Subsequently pass a written examination on the principles and practices of land surveying (PLS), prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board, and a written examination on the laws of Georgia relating to land surveying (land surveyor examination);
(3)(A) Obtain certification as a land surveyor-in-training under subparagraph (a)(1)(C) and paragraphs (2) and (3) of subsection (a) of Code Section 43-15-12;
(B) Acquire an additional specific record of not less than four years of experience in land surveying which, together with the qualifying experience under subparagraph (a)(1)(C) of Code Section 43-15-12, includes not less than six years´ experience in responsible charge of land surveying under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof and of a grade and character satisfactory to the board indicating that the applicant is competent to practice land surveying; and
(C) Subsequently pass a written examination on the principles and practices of land surveying (PLS), prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board, and a written examination on the laws of this state relating to land surveying (land surveyor examination); or
(4)(A) Obtain certification as a land surveyor-in-training under subsection (b) of Code Section 43-15-12;
(B) Acquire a specific record of the equivalent of not less than four years of combined office and field experience in land surveying with a minimum of three years´ experience in responsible charge of land surveying projects under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof; and
(C) Subsequently pass a written examination on the principles and practices of land surveying (PLS), prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board, and a written examination of the laws of Georgia relating to land surveying (land surveyor examination).
(b) To be eligible for a certificate of registration as a land surveyor on or after July 1, 2013, an applicant must meet the following minimum requirements:
(1) Obtain certification as a land surveyor-in-training under paragraphs (1) and (2) of subsection (b) of Code Section 43-15-12;
(2) Acquire a specific record of the equivalent of not less than four years of combined office and field experience in land surveying with a minimum of three years´ experience in responsible charge of land surveying projects under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof; and
(3) Subsequently pass a written examination on the principles and practices of land surveying, prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board, and a written examination on the laws of Georgia relating to land surveying (land surveyor examination)."

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:

43-43B-1.
This chapter shall be known and may be cited as the 'Soil Scientists Licensing Act of 2004.'

43-43B-2.
The purpose of this chapter is 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 Secretary of State 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 pursuant to the authority of 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 be assigned to the office of the Secretary of State for administrative purposes, shall operate under the jurisdiction of the division director, and shall operate in accordance with and pursuant to the provisions of Chapter 1 of this title, as applicable.

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 reasonably all 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 hereof practicing or offering to practice the profession of soil science herein 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."

Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking paragraph (14) of subsection (a) of Code Section 43-40-29, relating to exceptions to operation of chapter, and inserting in its place the following:
"(14) A licensed certified public accountant acting solely as an incident to the practice of public accounting."

Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, is amended by striking paragraph (2) of Code Section 7-1-1000, relating to definitions, and inserting in its place the following:
"(2) 'Audited financial statement' means the product of the examination of financial statements in accordance with generally accepted auditing standards by an independent certified public accountant, which product consists of an opinion on the financial statements indicating their conformity with generally accepted accounting principles."

Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, is amended by striking subsection (j) of Code Section 16-12-22.1, relating to raffles operated by nonprofit, tax-exempt organizations, and inserting in its place the following:
"(j) On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating raffles shall file with the sheriff a report disclosing all receipts and expenditures relating to the operation of raffles in the previous year. The report shall be in addition to all other reports required by law. The report shall be prepared and signed by a certified public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection."

Said chapter is further amended by striking Code Section 16-12-59, relating to annual report to be filed with the director of the Georgia Bureau of Investigation by bingo game operators, and inserting in its place the following:
"16-12-59.
On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating bingo games shall file with the director a report disclosing all receipts and expenditures relating to the operation of bingo games in the previous year. The report shall be in addition to all other reports required by law. The report shall be prepared and signed by a certified public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection."

(a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2004.
(b) Section 12 of this Act shall become effective only upon the effective date of a specific appropriation of funds for the purposes of Section 12 of this Act as expressed in a line item making specific reference to the full funding of Section 12 of this Act in an appropriations Act enacted by the General Assembly.

All laws and parts of laws in conflict with this Act are repealed.