Bill Text: IL HB0880 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Professional Geologist Licensing Act. Provides that references in the Act (i) to the Department of Professional Regulation are deemed to be references to the Department of Financial and Professional Regulation and (ii) to the Director of Professional Regulation are deemed to be references to the Secretary of Financial and Professional Regulation. Makes a technical change in the title of Licensed Professional Geologists. Provides for the enrollment with the Department of Financial and Professional Regulation of Geologist Interns. Adds a provision concerning a quorum of the Board of Licensing for Professional Geologists. Effective immediately.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0666 [HB0880 Detail]

Download: Illinois-2009-HB0880-Enrolled.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Professional Geologist Licensing Act is
amended by changing Sections 15, 20, 35, and 50 and by adding
Section 17 as follows:
(225 ILCS 745/15)
(Section scheduled to be repealed on January 1, 2016)
Sec. 15. Definitions. In this Act:
"Board" means the Board of Licensing for Professional
Geologists.
"Department" means the Department of Financial and
Professional Regulation.
"Director" means the Director of Professional Regulation.
"Geologist" means an individual who, by reason of his or
her knowledge of geology, mathematics, and the physical and
life sciences, acquired by education and practical experience
as defined by this Act, is capable of practicing the science of
geology.
"Geology" means the science that includes the treatment of
the earth and its origin and history including, but not limited
to, (i) the investigation of the earth's crust and interior and
the solids and fluids, including all surface and underground

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waters, gases, and other materials that compose the earth as
they may relate to geologic processes; (ii) the study of the
natural agents, forces, and processes that cause changes in the
earth; and (iii) the utilization of this knowledge of the earth
and its solids, fluids, and gases, and their collective
properties and processes, for the benefit of humankind.
"Person" or "individual" means a natural person.
"Practice of professional geology" means the performance
of, or the offer to perform, the services of a geologist,
including consultation, investigation, evaluation, planning,
mapping, inspection of geologic work, and other services that
require extensive knowledge of geologic laws, formulas,
principles, practice, and methods of data interpretation.
A person shall be construed to practice or offer to
practice professional geology, within the meaning and intent of
this Act, if that person (i) by verbal claim, sign,
advertisement, letterhead, card, or any other means,
represents himself or herself to be a professional geologist or
through the use of some title implies that he or she is a
professional geologist or is licensed under this Act or (ii)
holds himself or herself out as able to perform or does perform
services or work defined in this Act as the practice of
professional geology.
Examples of the practice of professional geology include,
but are not limited to, the conduct of, or responsible charge
for, the following types of activities: (i) mapping, sampling,

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and analysis of earth materials, interpretation of data, and
the preparation of oral or written testimony regarding the
probable geological causes of events; (ii) planning, review,
and supervision of data gathering activities, interpretation
of geological data gathered by direct and indirect means,
preparation of geological maps, cross-sections, interpretive
maps and reports for the purpose of evaluating regional or site
specific geological conditions; (iii) the planning, review,
and supervision of data gathering activities and
interpretation of data on regional or site specific geological
characteristics affecting groundwater; (iv) the interpretation
of geological conditions on the surface and at depth at a
specific site on the Earth's surface for the purpose of
determining whether those conditions correspond to a geologic
map of the site; and (v) the conducting of environmental
property audits.
"Licensed professional geologist" means an individual who
is licensed under this Act to engage in the practice of
professional geology in Illinois.
"Responsible charge" means the independent control and
direction, by use of initiative, skill, and independent
judgment, of geological work or the supervision of that work.
"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 89-366, eff. 7-1-96.)

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(225 ILCS 745/17 new)
(Section scheduled to be repealed on January 1, 2016)
Sec. 17. References to Department or Director of
Professional Regulation. References in this Act (i) to the
Department of Professional Regulation are deemed, in
appropriate contexts, to be references to the Department of
Financial and Professional Regulation and (ii) to the Director
of Professional Regulation are deemed, in appropriate
contexts, to be references to the Secretary of Financial and
Professional Regulation.
(225 ILCS 745/20)
(Section scheduled to be repealed on January 1, 2016)
Sec. 20. Exemptions. Nothing in this Act shall be construed
to restrict the use of the title "geologist" or similar words
by any person engaged in a practice of geology exempted under
this Act, provided the person does not hold himself or herself
out as being a licensed professional geologist or does not
practice professional geology in a manner requiring licensure
under this Act. Performance of the following activities does
not require licensure as a licensed professional geologist
under this Act:
(a) The practice of professional geology by an employee or
a subordinate of a licensee under this Act, provided the work
does not include responsible charge of geological work and is
performed under the direct supervision of a licensed

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professional geologist who is responsible for the work.
(b) The practice of professional geology by officers and
employees of the United States government within the scope of
their employment.
(c) The practice of professional geology as geologic
research to advance basic knowledge for the purpose of offering
scientific papers, publications, or other presentations (i)
before meetings of scientific societies, (ii) internal to a
partnership, corporation, proprietorship, or government
agency, or (iii) for publication in scientific journals, or in
books.
(d) The teaching of geology in schools, colleges, or
universities, as defined by rule.
(e) The practice of professional geology exclusively in the
exploration for or development of energy resources or base,
precious and nonprecious minerals, including sand, gravel, and
aggregate, that does not require, by law, rule, or ordinance,
the submission of reports, documents, or oral or written
testimony to public agencies. Public agencies may, by law or by
rule, allow required oral or written testimony, reports, permit
applications, or other documents based on the science of
geology to be submitted to them by persons not licensed under
this Act. Unless otherwise required by State or federal law,
public agencies may not require that the geology-based aspects
of testimony, reports, permits, or other documents so exempted
be reviewed by, approved, or otherwise certified by any person

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who is not a licensed professional geologist. Licensure is not
required for the submission and review of reports or documents
or the provision of oral or written testimony made under the
Well Abandonment Act, the Illinois Oil and Gas Act, the Surface
Coal Mining Land Conservation and Reclamation Act, or the
Surface-Mined Land Conservation and Reclamation Act.
(f) The practice of professional engineering as defined in
the Professional Engineering Practice Act of 1989.
(g) The practice of structural engineering as defined in
the Structural Engineering Practice Act of 1989.
(h) The practice of architecture as defined in the Illinois
Architecture Practice Act of 1989.
(i) The practice of land surveying as defined in the
Illinois Professional Land Surveyor Act of 1989.
(j) The practice of landscape architecture as defined in
the Illinois Landscape Architecture Act of 1989.
(k) The practice of professional geology for a period not
to exceed 9 months by any person pursuing a course of study
leading to a degree in geology from an accredited college or
university, as set forth in this Act and as established by
rule, provided that (i) such practice constitutes a part of a
supervised course of study, (ii) the person is under the
supervision of a geologist licensed under this Act, and (iii)
the person is designated by a title that clearly indicates his
or her status as a student or trainee.
(Source: P.A. 91-91, eff. 1-1-00.)

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(225 ILCS 745/35)
(Section scheduled to be repealed on January 1, 2016)
Sec. 35. Board of Licensing for Professional Geologists;
members; qualifications; duties.
(a) The Director shall appoint a Board of Licensing for
Professional Geologists which shall serve in an advisory
capacity to the Director. The Board shall be composed of 8
persons, 7 of whom shall be voting members appointed by the
Director, who shall give due consideration to recommendations
by members of the profession of geology and of geology
organizations within the State. In addition, the State
Geologist or his or her designated representative, shall be an
advisory, non-voting member of the Board.
(b) Insofar as possible, the geologists appointed to serve
on the Board shall be generally representative of the
occupational and geographical distribution of geologists
within this State.
(c) Of the 7 appointed voting members of the Board, 6 shall
be geologists and one shall be a member of the general public
with no family or business connection with the practice of
geology.
(d) Each of the first appointed geologist members of the
Board shall have at least 10 years of active geological
experience and shall possess the education and experience
required for licensure. Each subsequently appointed geologist

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member of the Board shall be a professional geologist licensed
under this Act.
(e) Of the initial appointments, the Director shall appoint
3 voting members for a term of 4 years, 2 voting members for a
term of 3 years, and 2 voting members for a term of 2 years.
Thereafter, voting members shall be appointed for 4-year terms.
Terms shall commence on the 3rd Monday in January.
(f) Members shall hold office until the expiration of their
terms or until their successors have been appointed and have
qualified.
(g) No voting member of the Board shall serve more than 2
consecutive full terms.
(h) Vacancies in the membership of the Board shall be
filled by appointment for the unexpired term.
(i) The Director may remove or suspend any member of the
Board for cause at any time before the expiration of his or her
term.
(j) The Board shall annually elect one of its members as
chairperson.
(k) The members of the Board shall be reimbursed for all
legitimate and necessary expenses authorized by the Department
incurred in attending the meetings of the Board.
(l) The Board may make recommendations to the Director to
establish the examinations and their method of grading.
(m) The Board may submit written recommendations to the
Director concerning formulation of rules and a Code of

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Professional Conduct and Ethics. The Board may recommend or
endorse revisions and amendments to the Code and to the rules
from time to time.
(n) The Board may make recommendations on matters relating
to continuing education of licensed professional geologists,
including the number of hours necessary for license renewal,
waivers for those unable to meet that requirement, and
acceptable course content. These recommendations shall not
impose an undue burden on the Department or an unreasonable
restriction on those seeking a license renewal.
(o) Four voting Board members constitutes a quorum. A
quorum is required for all Board decisions.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/50)
(Section scheduled to be repealed on January 1, 2016)
Sec. 50. Qualifications for licensure.
(a) The Department may issue a license to practice as a
licensed professional geologist to any applicant who meets the
following qualifications:
(1) The applicant has completed an application form and
paid submitted the required fees.
(2) The applicant is of good ethical character,
including compliance with the Code of Professional Conduct
and Ethics under this Act, and has not committed any act or
offense in any jurisdiction that would constitute the basis

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for disciplining a professional geologist licensed under
this Act.
(3) The applicant has earned a degree in geology from
an accredited college or university, as established by
rule, with a minimum of 30 semester or 45 quarter hours of
course credits in geology, of which 24 semester or 36
quarter hours are in upper level courses. The Department
may, upon the recommendation of the Board, allow the
substitution of appropriate experience as a geologist for
prescribed educational requirements as established by
rule.
(4) The applicant has a documented record of a minimum
of 4 years of professional experience, obtained after
completion of the education requirements specified in this
Section, in geologic or directly related work,
demonstrating that the applicant is qualified to assume
responsible charge of such work upon licensure as a
professional geologist or such specialty of professional
geology that the Board may recommend and the Department may
recognize. The Department may require evidence acceptable
to it that up to 2 years of professional experience have
been gained under the supervision of a person licensed
under this Act or similar Acts in any other state, or under
the supervision of others who, in the opinion of the
Department, are qualified to have responsible charge of
geological work under this Act.

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(5) The applicant has passed an examination authorized
by the Department for the practice of professional geology.
(6) The applicant has complied with all other
requirements of this Act and rules established for the
implementation of this Act.
(b) A license to practice professional geology shall not be
denied any applicant because of the applicant's race, religion,
creed, national origin, political beliefs or activities, age,
sex, sexual orientation, or physical impairment.
(Source: P.A. 89-366, eff. 7-1-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.