Full Text of HB0880 96th General Assembly
HB0880enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Professional Geologist Licensing Act is | 5 |
| amended by changing Sections 15, 20, 35, and 50 and by adding | 6 |
| Section 17 as follows:
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| (225 ILCS 745/15)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 15. Definitions. In this Act:
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| "Board" means the Board of Licensing for Professional | 11 |
| Geologists.
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| "Department" means the Department of Financial and | 13 |
| Professional Regulation.
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| "Director" means the Director of Professional Regulation.
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| "Geologist" means an individual who, by reason of his or | 16 |
| her knowledge of
geology, mathematics, and the physical and | 17 |
| life sciences, acquired by education
and practical experience | 18 |
| as defined by this Act, is capable of practicing the
science of | 19 |
| geology.
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| "Geology" means the science that includes the treatment of | 21 |
| the earth and its
origin and history including, but not limited | 22 |
| to, (i) the investigation of the
earth's crust and
interior and | 23 |
| the solids and fluids, including all surface and
underground |
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| waters, gases, and other materials that compose the earth as | 2 |
| they
may relate to geologic processes; (ii) the study of the | 3 |
| natural agents, forces,
and
processes that cause changes in the | 4 |
| earth; and (iii) the utilization of this
knowledge of the earth | 5 |
| and its solids, fluids, and gases, and their collective
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| properties and processes, for the benefit of humankind.
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| "Person" or "individual" means a natural person.
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| "Practice of professional geology" means the performance | 9 |
| of,
or the offer to perform, the services of a geologist, | 10 |
| including consultation,
investigation, evaluation, planning, | 11 |
| mapping, inspection of geologic work, and
other services that | 12 |
| require extensive knowledge of geologic laws, formulas,
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| principles, practice, and methods of data interpretation.
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| A person shall be construed to practice or offer to | 15 |
| practice professional
geology, within the meaning and intent of | 16 |
| this Act, if that person (i) by
verbal claim, sign,
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| advertisement, letterhead, card, or any other means, | 18 |
| represents himself or
herself
to be a professional geologist or | 19 |
| through the use of some title implies
that he or she is a | 20 |
| professional geologist or is licensed under this
Act or (ii) | 21 |
| holds himself or herself out as able to perform or does perform
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| services or work defined in this Act as the practice of
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| professional geology.
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| Examples of the practice of professional geology include, | 25 |
| but are not limited
to, the
conduct of, or responsible charge | 26 |
| for, the following types of activities: (i)
mapping,
sampling,
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| and analysis of earth materials, interpretation of data, and | 2 |
| the preparation of
oral or written testimony regarding the | 3 |
| probable geological causes of
events;
(ii) planning, review, | 4 |
| and supervision of data gathering activities,
interpretation | 5 |
| of geological data gathered by direct and indirect means,
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| preparation of geological maps, cross-sections, interpretive | 7 |
| maps and reports
for the purpose of evaluating regional or site | 8 |
| specific geological conditions;
(iii) the planning, review, | 9 |
| and supervision of data
gathering activities and | 10 |
| interpretation of data on regional or site specific
geological | 11 |
| characteristics affecting groundwater;
(iv) the interpretation | 12 |
| of
geological conditions on the surface and at depth at a | 13 |
| specific site on the
Earth's surface for the purpose of | 14 |
| determining whether those conditions
correspond to a geologic | 15 |
| map of the site; and (v) the conducting of
environmental | 16 |
| property audits.
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| "Licensed professional geologist" means an individual who | 18 |
| is licensed under
this Act to engage in the practice of | 19 |
| professional geology in
Illinois.
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| "Responsible charge" means the independent control and | 21 |
| direction, by use of
initiative, skill, and independent | 22 |
| judgment, of geological work or the
supervision of that work. | 23 |
| "Secretary" means the Secretary of Financial and | 24 |
| Professional Regulation.
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| (Source: P.A. 89-366, eff. 7-1-96 .)
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| (225 ILCS 745/17 new)
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| (Section scheduled to be repealed on January 1, 2016) | 3 |
| Sec. 17. References to Department or Director of | 4 |
| Professional Regulation. References in this Act (i) to the | 5 |
| Department of Professional Regulation are deemed, in | 6 |
| appropriate contexts, to be references to the Department of | 7 |
| Financial and Professional Regulation and (ii) to the Director | 8 |
| of Professional Regulation are deemed, in appropriate | 9 |
| contexts, to be references to the Secretary of Financial and | 10 |
| Professional Regulation.
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| (225 ILCS 745/20)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 20. Exemptions. Nothing in this Act shall be construed | 14 |
| to restrict
the use of the title "geologist" or similar words | 15 |
| by any person engaged in a
practice of geology exempted under | 16 |
| this Act, provided the person does not hold
himself or herself | 17 |
| out as being a licensed professional geologist or does not
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| practice
professional geology in a manner requiring licensure | 19 |
| under this Act.
Performance of the following activities does | 20 |
| not require licensure as a
licensed professional geologist | 21 |
| under this Act:
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| (a) The practice of professional geology by an employee or | 23 |
| a subordinate of
a licensee under this Act, provided the work | 24 |
| does not include responsible
charge of geological work and is | 25 |
| performed under the direct
supervision of a licensed |
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| professional geologist who is responsible for
the work.
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| (b) The practice of professional geology by officers and | 3 |
| employees of the
United States government within the scope of | 4 |
| their employment.
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| (c) The practice of professional geology as geologic | 6 |
| research to advance
basic knowledge for the purpose of offering | 7 |
| scientific papers, publications, or
other presentations (i) | 8 |
| before meetings of scientific societies, (ii) internal
to a
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| partnership, corporation, proprietorship, or government | 10 |
| agency, or (iii) for
publication
in scientific journals, or in | 11 |
| books.
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| (d) The teaching of geology in schools, colleges, or | 13 |
| universities, as
defined by rule.
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| (e) The practice of professional geology exclusively in the | 15 |
| exploration for
or development of energy resources or base, | 16 |
| precious and nonprecious minerals,
including sand, gravel, and | 17 |
| aggregate, that does not require, by law, rule,
or ordinance, | 18 |
| the submission of reports, documents, or oral or written
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| testimony
to public agencies. Public agencies may, by law or by | 20 |
| rule, allow required
oral
or written testimony, reports, permit | 21 |
| applications, or other documents based on
the science of | 22 |
| geology to be submitted to them by persons not licensed under
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| this Act. Unless otherwise required by State or federal law, | 24 |
| public agencies
may not require that the geology-based aspects | 25 |
| of testimony, reports, permits,
or other documents so exempted | 26 |
| be reviewed by,
approved, or otherwise certified by any person |
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| who is not a licensed
professional geologist. Licensure is not | 2 |
| required for the
submission and review of reports or documents | 3 |
| or the provision of oral or
written
testimony made under the | 4 |
| Well Abandonment Act, the Illinois
Oil and Gas Act, the Surface | 5 |
| Coal Mining Land Conservation and Reclamation Act,
or the | 6 |
| Surface-Mined Land Conservation and Reclamation Act.
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| (f) The practice of professional engineering as defined in | 8 |
| the Professional
Engineering Practice Act of 1989.
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| (g) The practice of structural engineering as defined in | 10 |
| the Structural
Engineering
Practice Act of 1989.
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| (h) The practice of architecture as defined in the Illinois | 12 |
| Architecture
Practice Act of 1989.
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| (i) The practice of land surveying as defined in the | 14 |
| Illinois Professional
Land Surveyor
Act of 1989.
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| (j) The practice of landscape architecture as defined in | 16 |
| the Illinois
Landscape Architecture Act of 1989.
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| (k) The practice of professional geology for a period not | 18 |
| to exceed 9 months by any person pursuing a course of study | 19 |
| leading to a degree in geology from an accredited college or | 20 |
| university, as set forth in this Act and as established by | 21 |
| rule, provided that (i) such practice constitutes a part of a | 22 |
| supervised course of study, (ii) the person is under the | 23 |
| supervision of a geologist licensed under this Act, and (iii) | 24 |
| the person is designated by a title that clearly indicates his | 25 |
| or her status as a student or trainee. | 26 |
| (Source: P.A. 91-91, eff. 1-1-00 .)
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| (225 ILCS 745/35)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 35. Board of Licensing for Professional Geologists; | 4 |
| members;
qualifications; duties.
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| (a) The Director shall appoint a Board of Licensing
for
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| Professional Geologists which shall serve in an advisory | 7 |
| capacity to the
Director. The Board shall be composed of 8 | 8 |
| persons, 7 of whom shall be voting
members appointed by the | 9 |
| Director, who shall give due consideration to
recommendations | 10 |
| by members of the profession of geology and of geology
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| organizations within the State. In addition, the State | 12 |
| Geologist or his
or her
designated representative, shall be an | 13 |
| advisory, non-voting member of the
Board.
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| (b) Insofar as possible, the geologists appointed to serve
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| on the Board shall be generally representative of the | 16 |
| occupational and
geographical distribution
of geologists | 17 |
| within this State.
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| (c) Of the 7 appointed voting members of the Board, 6 shall | 19 |
| be geologists
and one shall be a member of the general public | 20 |
| with no family or business
connection with the practice of | 21 |
| geology.
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| (d) Each of the first appointed geologist members of the | 23 |
| Board shall have at
least 10 years of active geological | 24 |
| experience and shall possess the education
and experience | 25 |
| required for licensure. Each subsequently appointed
geologist |
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| member of the Board shall be a professional geologist licensed
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| under this Act.
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| (e) Of the initial appointments, the Director shall appoint | 4 |
| 3 voting members
for a term of
4 years, 2 voting members for a | 5 |
| term of 3 years, and 2 voting members for a
term of 2 years. | 6 |
| Thereafter, voting members shall be appointed for 4-year
terms. | 7 |
| Terms shall commence on the 3rd Monday in January.
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| (f) Members shall hold office until the expiration of their | 9 |
| terms or until
their successors have been appointed and have | 10 |
| qualified.
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| (g) No voting member of the Board shall serve more than 2 | 12 |
| consecutive full
terms.
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| (h) Vacancies in the membership of the Board shall be | 14 |
| filled by appointment
for the unexpired term.
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| (i) The Director may remove or suspend any member of the | 16 |
| Board for cause at
any time before the expiration of his or her | 17 |
| term.
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| (j) The Board shall annually elect one of its members as | 19 |
| chairperson.
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| (k) The members of the Board shall be reimbursed for all | 21 |
| legitimate
and necessary expenses authorized by the Department | 22 |
| incurred in attending the
meetings of the
Board.
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| (l) The Board may make recommendations to the Director to | 24 |
| establish the
examinations and their method of grading.
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| (m) The Board may submit written recommendations to the | 26 |
| Director
concerning
formulation of rules and a Code of |
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| Professional Conduct and Ethics. The Board
may recommend or | 2 |
| endorse revisions and amendments to the Code and to the
rules | 3 |
| from time to time.
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| (n) The Board may make recommendations on matters relating | 5 |
| to continuing
education of licensed professional geologists, | 6 |
| including the number of hours
necessary for license renewal, | 7 |
| waivers for those unable to meet that
requirement, and | 8 |
| acceptable course content. These recommendations shall not
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| impose an undue burden on the Department or an unreasonable | 10 |
| restriction on
those seeking a license renewal. | 11 |
| (o) Four voting Board members constitutes a quorum. A | 12 |
| quorum is required for all Board decisions.
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| (Source: P.A. 89-366, eff. 7-1-96 .)
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| (225 ILCS 745/50)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 50. Qualifications for licensure.
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| (a) The Department may issue a license to practice as a | 18 |
| licensed
professional geologist to any applicant who meets the | 19 |
| following qualifications:
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| (1) The applicant has completed an application form and | 21 |
| paid submitted the
required fees.
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| (2) The applicant is of good ethical character, | 23 |
| including compliance with
the Code of Professional Conduct | 24 |
| and Ethics under this Act, and
has not
committed any act or | 25 |
| offense in any jurisdiction that would constitute the
basis |
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| for disciplining a professional geologist licensed under | 2 |
| this Act.
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| (3) The applicant has earned a degree in geology from | 4 |
| an accredited
college or university, as established by | 5 |
| rule, with a minimum of 30 semester or
45 quarter hours of
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| course credits in geology, of which 24 semester or 36 | 7 |
| quarter hours are in
upper level courses. The Department | 8 |
| may, upon the recommendation of the
Board, allow the | 9 |
| substitution of
appropriate experience as a geologist for | 10 |
| prescribed educational requirements
as established by | 11 |
| rule.
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| (4) The applicant has a documented record of a minimum | 13 |
| of 4 years of
professional experience, obtained after | 14 |
| completion of the education
requirements specified in this | 15 |
| Section, in geologic or directly related work,
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| demonstrating that the applicant is qualified to assume | 17 |
| responsible charge of
such work upon licensure as a | 18 |
| professional geologist or such specialty of
professional | 19 |
| geology that the
Board may recommend and the Department may | 20 |
| recognize. The Department may
require evidence acceptable | 21 |
| to it that up to 2 years of professional experience
have | 22 |
| been gained under the supervision of a person licensed | 23 |
| under this Act or
similar Acts in any other state, or under | 24 |
| the supervision of others who, in the
opinion of the | 25 |
| Department, are qualified to have responsible charge of
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| geological work under this Act.
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| (5) The applicant has passed an examination authorized | 2 |
| by the Department
for the practice of
professional geology.
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| (6) The applicant has complied with all other | 4 |
| requirements of this Act and
rules established for the | 5 |
| implementation of this Act.
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| (b) A license to practice professional geology shall not be | 7 |
| denied any
applicant because of the applicant's race, religion, | 8 |
| creed, national origin,
political beliefs or activities, age, | 9 |
| sex, sexual orientation, or physical
impairment.
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| (Source: P.A. 89-366, eff. 7-1-96 .)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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