By Hunter of Nueces H.B. No. 925
74R2669 CAG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of geologists and geophysicists;
1-3 providing a civil and criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. SHORT TITLE. This Act may be cited as the
1-6 Geologist and Geophysicist Registration Act.
1-7 SECTION 2. PURPOSE. In order to safeguard the life, health,
1-8 and property of the citizens of this state, to promote the public
1-9 welfare, and to protect the environment, the public practice of
1-10 geology and geophysics in this state is declared to be subject to
1-11 regulation in the public interest.
1-12 SECTION 3. DEFINITIONS. In this Act:
1-13 (1) "Board" means the Board of Registration for
1-14 Geologists and Geophysicists.
1-15 (2) "Board certified specialty geologist" means a
1-16 registered geologist who has met the academic and experience
1-17 qualifications in a specialty of geology established under this Act
1-18 and has been certified in that specialty by the board.
1-19 (3) "Board certified specialty geophysicist" means a
1-20 registered geophysicist who has met the academic and experience
1-21 qualifications in a specialty of geophysics established under this
1-22 Act and has been certified in that specialty by the board.
1-23 (4) "Certified geologist" means a geologist who has
1-24 been certified by a professional geological organization, society,
2-1 or association that has certification requirements that have been
2-2 recognized by the board as provided by this Act, including the
2-3 American Association of Petroleum Geologists, the American
2-4 Institute of Professional Geologists, and the Society of
2-5 Independent Professional Earth Scientists.
2-6 (5) "Certified geophysicist" means a geophysicist who
2-7 has been certified by a professional geophysical organization,
2-8 society, or association that has certification requirements that
2-9 have been recognized by the board.
2-10 (6) "Geological subordinate" means a person who
2-11 assists in the practice of geology or an exempt person in the
2-12 practice of geology without assuming the responsible charge of the
2-13 work.
2-14 (7) "Geologist" means a person qualified to engage in
2-15 the practice of geology by reason of the person's knowledge of
2-16 geology, mathematics, and the supporting physical and life
2-17 sciences, acquired through education and practical experience.
2-18 (8) "Geology" means the science of the treatment of
2-19 the earth and its origin and history, the investigation of the
2-20 earth's constituent rocks, minerals, fossil fuels, solids, and
2-21 fluids, including surface and underground waters, gases, and other
2-22 materials, and the study of the natural agents, forces, and
2-23 processes that cause changes in and on the earth.
2-24 (9) "Geophysical subordinate" means a person who
2-25 assists in the practice of geophysics or an exempt person in the
2-26 practice of geophysics without assuming the responsible charge of
2-27 the work.
3-1 (10) "Geophysicist" means a person qualified to engage
3-2 in the practice of geophysics by reason of the person's knowledge
3-3 of geophysics, mathematics, physics, and the supporting physical
3-4 and life sciences, acquired through education and practical
3-5 experience.
3-6 (11) "Geophysics" means the science of the study of
3-7 the physical earth by means of measuring its natural and induced
3-8 fields of force, including electricity, gravity, and magnetism, and
3-9 its responses to natural and induced energy and the interpretation
3-10 of these measurements, and relating these measurements to the
3-11 physics of the earth.
3-12 (12) "Public practice of geology" means the
3-13 performance before the public of geological services or work
3-14 including consulting, investigating, evaluating, planning,
3-15 surveying, mapping, and inspecting geological work, and the
3-16 responsible supervision of those tasks.
3-17 (13) "Public practice of geophysics" means the
3-18 performance before the public of geophysical services or work,
3-19 including consulting, investigating, evaluating, planning,
3-20 surveying, mapping, and inspecting geophysical work, and the
3-21 responsible supervision of those tasks.
3-22 (14) "Registered geologist" means a geologist who has
3-23 met the academic and experience qualifications of this Act and who
3-24 has been issued a certificate of registration as a registered
3-25 geologist by the board.
3-26 (15) "Registered geophysicist" means a geophysicist
3-27 who has met the academic and experience requirements of this Act
4-1 and who has been issued a certificate of registration as a
4-2 registered geophysicist by the board.
4-3 (16) "Responsible charge" means the independent
4-4 control and direction of geological or geophysical work or the
4-5 supervision of geological or geophysical work by the use of
4-6 initiative, skill, and independent judgment.
4-7 (17) "Specialty" means a branch of geology or
4-8 geophysics that has been recognized by the board for specialty
4-9 certification.
4-10 (18) "Practice of specialty geology" means the
4-11 performance before the public of geological services or work
4-12 including consulting, investigating, evaluating, planning,
4-13 surveying, mapping, and inspecting geological work and the
4-14 responsible supervision of those tasks in the commonly recognized
4-15 geological practices of engineering geology, hydrogeology, and
4-16 environmental geology.
4-17 (19) "Practice of specialty geophysics" means the
4-18 performance before the public of geophysical services or work
4-19 including consulting, investigating, evaluating, planning,
4-20 surveying, mapping, and inspecting geophysical work and the
4-21 responsible supervision of those tasks in the commonly recognized
4-22 geophysical practices of engineering geophysics, groundwater
4-23 geophysics, and environmental geophysics.
4-24 SECTION 4. BOARD OF REGISTRATION FOR GEOLOGISTS AND
4-25 GEOPHYSICISTS. (a) The Board of Registration for Geologists and
4-26 Geophysicists is created to administer the provisions of this Act.
4-27 (b) The board is composed of 10 members, nine of whom are
5-1 appointed by the governor with the advice and consent of the senate
5-2 and one of whom is a permanent member and is the director of the
5-3 Bureau of Economic Geology of The University of Texas at Austin.
5-4 (c) Five of the appointed members of the board must be
5-5 geologists registered under this Act, two of whom must be board
5-6 certified in a specialty of geology recognized under this Act. Two
5-7 of the appointed members of the board must be geophysicists
5-8 registered under this Act, one of whom must be board certified in a
5-9 specialty of geophysics recognized under this Act. To the extent
5-10 possible, the composition of the appointed geologists and
5-11 geophysicists serving on the board must be representative of the
5-12 occupational distribution of geologists and geophysicists
5-13 registered under this Act.
5-14 (d) Two members of the board must be members of the general
5-15 public with no family or business connection with the practice of
5-16 geology or geophysics.
5-17 (e) A member of the board must be a citizen of the United
5-18 States, must have been a resident of this state for at least three
5-19 years preceding appointment, and must be at least 25 years of age.
5-20 Members of the board appointed by the governor serve staggered
5-21 six-year terms with the terms of three members expiring February 1
5-22 of each odd-numbered year.
5-23 (f) An appointed member of the board may not serve more than
5-24 two consecutive full terms.
5-25 SECTION 5. REMOVAL FROM BOARD. It is a ground for removal
5-26 from the board if:
5-27 (1) the member is no longer qualified for appointment
6-1 to the board;
6-2 (2) the member engages in misconduct, is determined to
6-3 be incompetent, neglects the member's official duties, or engages
6-4 in malfeasance;
6-5 (3) the member commits a felony or a violation of this
6-6 Act resulting in disciplinary action;
6-7 (4) the member fails without excuse to attend at least
6-8 half of the regularly scheduled meetings held in a calendar year
6-9 while the member is a member of the board; or
6-10 (5) other good and sufficient cause for removal
6-11 exists.
6-12 SECTION 6. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE. The
6-13 board is subject to Chapters 551 and 2001, Government Code.
6-14 SECTION 7. VACANCY. If a vacancy on the board occurs, the
6-15 governor shall appoint a member to fill the unexpired term as
6-16 provided by this Act.
6-17 SECTION 8. COMPENSATION. A member of the board is entitled
6-18 to a per diem as set by the legislature for each day that the
6-19 member engages in the business of the board. A member of the board
6-20 is entitled to reimbursement for transportation and other expenses
6-21 incurred in connection with the business of the board.
6-22 SECTION 9. IMMUNITY FROM CIVIL LIABILITY. A member or
6-23 former member of the board or an agent, employee, or member of an
6-24 advisory committee appointed by the board under this Act is immune
6-25 from civil liability for any act or omission that occurred in the
6-26 person's official capacity. The attorney general shall defend a
6-27 person immune under this section in an action brought against the
7-1 board or the person for an alleged act or omission by the person.
7-2 SECTION 10. MEETINGS; OFFICERS OF BOARD. (a) The board
7-3 shall hold two or more regular meetings in each calendar year. A
7-4 special meeting may be held at a time permitted by rule of the
7-5 board.
7-6 (b) The board shall elect annually from its own membership a
7-7 chair, vice-chair, and secretary-treasurer, none of whom may hold
7-8 office for more than two consecutive one-year terms. The board may
7-9 appoint an assistant secretary and other assistant officers who are
7-10 not members of the board to assist the board and exercise its
7-11 authority in carrying out its duties and responsibilities.
7-12 (c) A majority of the board constitutes a quorum.
7-13 (d) Minutes of each meeting of the board, recording the
7-14 members present and the business conducted, shall be signed and
7-15 kept by the secretary-treasurer or an assistant secretary appointed
7-16 by the board.
7-17 SECTION 11. POWERS AND DUTIES OF BOARD. (a) The board may:
7-18 (1) adopt and enforce rules consistent with this Act
7-19 and necessary for the performance of its duties;
7-20 (2) set reasonable and necessary fees to be charged
7-21 applicants and registrants under this Act; and
7-22 (3) recognize and establish specialty branches of
7-23 geological and geophysical practice and establish qualifications,
7-24 conduct examinations, and certify specialties for qualified
7-25 applicants.
7-26 (b) The board may prepare, administer, and grade oral and
7-27 written examinations required or permitted under this Act. The
8-1 board may adopt or recognize, in part or in whole, examinations
8-2 prepared, administered, or graded by other organizations, on a
8-3 regional or national basis, that the board determines appropriate
8-4 to measure the qualifications of an applicant for registration as a
8-5 geologist or geophysicist or in a specialty of geology or
8-6 geophysics if:
8-7 (1) the examination questions, the correct answers,
8-8 and an individual applicant's completed examination are available
8-9 to the board; and
8-10 (2) the board retains the authority to determine a
8-11 passing grade for registration in this state.
8-12 (c) The board shall issue, renew, and reinstate certificates
8-13 of registration as provided by this Act. As a condition for
8-14 renewal of registration, the board may require evidence of the
8-15 competence of an applicant for renewal by requiring the applicant
8-16 to participate in continuing professional education on a periodic
8-17 or other basis. As a condition for reinstatement, the board may
8-18 require evidence of the competence of an applicant for
8-19 reinstatement in the practice of geology or geophysics by reviewing
8-20 the applicant's qualifications and experience, by requiring
8-21 continuing professional education, by conducting a reexamination on
8-22 a periodic or other basis, or by other appropriate means.
8-23 (d) The board, by rule, shall adopt a code of professional
8-24 conduct that is binding on all registrants under this Act. The
8-25 board may enforce the code by imposing sanctions as provided by
8-26 this Act.
8-27 (e) The board shall investigate all complaints of violations
9-1 of this Act as provided by this Act.
9-2 (f) The board may refuse to issue or renew or may suspend or
9-3 revoke a certificate of registration and may impose sanctions
9-4 including restrictions on the practice of a registrant or a person,
9-5 firm, or corporation practicing under this Act for a violation of
9-6 this Act or a rule adopted under this Act.
9-7 (g) The board may administer oaths and affirmations and
9-8 issue subpoenas to compel the attendance of witnesses and the
9-9 production of evidence.
9-10 (h) The board may issue cease and desist orders and seek
9-11 injunctions against a violation of this Act or a rule adopted under
9-12 this Act.
9-13 (i) The board, by rule, shall recognize the use of the
9-14 designations "Certified Professional Geologist" or "C.P.G." as used
9-15 by the American Institute of Professional Geologists, "Certified
9-16 Petroleum Geologist" or "C.P.G." as used by the American
9-17 Association of Petroleum Geologists, and the use of the designation
9-18 "Certified Geologist" or "Certified Geophysicist" or any similar
9-19 designation used by a professional geological or geophysical
9-20 organization, society, or association recognized by the board, if:
9-21 (1) the organization, society, or association's
9-22 requirements for certification are comparable to the educational
9-23 and experience requirements of this Act and are otherwise
9-24 acceptable to the board;
9-25 (2) the full name or recognized abbreviation of the
9-26 organization granting the certification is stated following or in
9-27 conjunction with the use of the designation or abbreviation; and
10-1 (3) the designation or abbreviation is not used in a
10-2 manner that is misleading or that creates an impression that the
10-3 person is licensed to practice geology or geophysics before the
10-4 public unless the person is registered under this Act.
10-5 (j) The board, by rule, shall recognize the use of the
10-6 designations "geological engineer," "geological engineering,"
10-7 "geotechnical engineer," "geotechnical engineering," "hydraulic
10-8 engineer," "hydraulic engineering," or any other engineering title
10-9 by a person registered or licensed as a professional engineer in
10-10 this state as a legitimate engineering title separate from geology
10-11 or geophysics or a specialty of geology or geophysics.
10-12 (k) The board may enter into agreements with boards of
10-13 registration in other states and other appropriate organizations
10-14 and agencies to develop uniform standards for:
10-15 (1) the registration of geologists and geophysicists;
10-16 (2) accrediting educational programs;
10-17 (3) establishing reciprocity and temporary
10-18 registrations;
10-19 (4) developing regional or national examinations;
10-20 (5) evaluating applicants; and
10-21 (6) other purposes consistent with this Act.
10-22 (l) The board may appoint committees, employ personnel,
10-23 employ contractors and consultants, lease or purchase furnishings,
10-24 equipment, and supplies, lease office space, and incur other
10-25 similar expenses in connection with the administration of this Act.
10-26 (m) The board shall establish a standing subcommittee to
10-27 work cooperatively on a joint and equal basis with a counterpart
11-1 subcommittee appointed by the State Board of Registration for
11-2 Professional Engineers to hear and resolve complaints involving
11-3 overlap in professional practice between registered geologists and
11-4 geophysicists and registered professional engineers. On receipt of
11-5 a written request from the chairman of either board, the
11-6 subcommittees shall meet and act as a joint subcommittee. If the
11-7 joint subcommittee is unable to resolve a dispute, the joint
11-8 subcommittee shall ask a neutral representative from the attorney
11-9 general's staff to serve as a voting member of the joint
11-10 subcommittee to resolve the dispute.
11-11 SECTION 12. EXECUTIVE DIRECTOR; OFFICES. (a) The board
11-12 shall appoint an executive director, who shall be responsible for
11-13 managing the day-to-day affairs of the board, including:
11-14 (1) arranging for and supervising the necessary
11-15 support, secretarial, and clerical services;
11-16 (2) obtaining space for holding examinations,
11-17 meetings, and conferences;
11-18 (3) printing or purchasing examinations;
11-19 (4) printing and mailing forms, information, and
11-20 certificates;
11-21 (5) sending notices, collecting fees, and issuing
11-22 receipts;
11-23 (6) conducting the correspondence of the board
11-24 including replying to routine requests for information;
11-25 (7) maintaining the minutes and records of the board;
11-26 (8) keeping records of receipts and disbursements; and
11-27 (9) providing necessary investigative services.
12-1 (b) The board shall maintain an official office and address
12-2 within the city of Austin to conduct its business.
12-3 SECTION 13. RECEIPTS AND DISBURSEMENTS; FUND. (a) The
12-4 executive director shall receive, administer, and account for all
12-5 money received under this Act, and shall transfer the funds to the
12-6 state treasurer.
12-7 (b) All funds paid to the board under this Act shall be
12-8 deposited in a special fund, known as the "geologists and
12-9 geophysicists fund." The geologists and geophysicists fund shall
12-10 be maintained in accordance with the accounting procedures of, and
12-11 shall be subject to audit by, the state treasurer. Interest earned
12-12 on money deposited in the geologists and geophysicists fund shall
12-13 be credited to the geologists and geophysicists fund.
12-14 (c) All expenses incurred by the board in the administration
12-15 and enforcement of this Act shall be paid from the geologists and
12-16 geophysicists fund.
12-17 (d) The executive director shall file an annual report of
12-18 all receipts, expenditures, and fund balances with the state
12-19 treasurer.
12-20 SECTION 14. ROSTER AND SPECIALTIES LIST. (a) The board
12-21 shall maintain a roster stating the name and place of business of
12-22 each registered geologist and geophysicist and board certified
12-23 specialty geologist and geophysicist practicing under a certificate
12-24 of registration issued by the board. Copies of the roster shall be
12-25 kept on file with the board and shall be furnished on request to a
12-26 state agency, county or municipal clerk or building official, and a
12-27 registration or certificate holder. A copy of the roster shall
13-1 also be furnished to any person on written request, subject to
13-2 payment of a reasonable fee set by the board and any applicable
13-3 state taxes.
13-4 (b) The board shall maintain a list of recognized
13-5 specialties of geology and geophysics in which certification is
13-6 recognized by the board under this Act and professional geological
13-7 and geophysical organizations, societies, and associations
13-8 recognized by the board.
13-9 (c) The board shall maintain a list of each state, territory
13-10 or possession of the United States, the District of Columbia, or
13-11 foreign country in which the requirements and qualifications for
13-12 registration are comparable to those established in this state and
13-13 with which a reciprocity agreement exists.
13-14 SECTION 15. REGISTRATION REQUIRED. (a) Unless exempted by
13-15 this Act, a person may not practice as a geologist or geophysicist
13-16 or engage in the practice of geology or geophysics or a specialty
13-17 of geology or geophysics without a certificate of registration
13-18 issued under this Act.
13-19 (b) A person may not use the term "registered geologist" or
13-20 "registered geophysicist," claim to have a specialty in geology or
13-21 geophysics as part of a professional, business, or commercial
13-22 identification or title, or otherwise hold out to the public that
13-23 the person is qualified to practice as a geologist or geophysicist
13-24 or to engage in the practice of geology or geophysics or a
13-25 specialty of geology or geophysics unless the person is registered
13-26 under this Act.
13-27 (c) A person may not prepare or supervise the preparation of
14-1 a geological or geophysical report or a geological or geophysical
14-2 portion of a report required by municipal or county ordinance,
14-3 state or federal law, state agency rule, or federal regulation that
14-4 incorporates or is based on a geological or geophysical study or
14-5 geological or geophysical data unless the person is registered as a
14-6 geologist or geophysicist under this Act.
14-7 (d) The state or a political subdivision of the state may
14-8 not contract for geological or geophysical services with a person
14-9 other than a person registered under this Act or with a business
14-10 entity other than a business entity that employs geologists or
14-11 geophysicists registered under this Act who shall be responsible
14-12 for the geological or geophysical work performed by the business
14-13 entity.
14-14 SECTION 16. APPLICATION REQUIREMENTS. (a) An applicant for
14-15 registration as a geologist or geophysicist, in a specialty of
14-16 geology or geophysics, or for temporary or reciprocal registration
14-17 must apply on a form prescribed by the board that is signed and
14-18 sworn to by the applicant before a notary public.
14-19 (b) An application must be accompanied by the appropriate
14-20 application fee and include:
14-21 (1) information concerning the applicant's education;
14-22 (2) a detailed summary of the applicant's geological
14-23 or geophysical work experience, including work in a specialty in
14-24 which the applicant seeks certification;
14-25 (3) a signed statement that the applicant has read and
14-26 will comply with the code of professional conduct; and
14-27 (4) not fewer than five reference letters, of which
15-1 not fewer than three are from geologists or geophysicists having
15-2 personal knowledge of the applicant's geological or geophysical
15-3 experience.
15-4 (c) An applicant must pay a fee for application,
15-5 examination, registration, and renewal of a certificate of
15-6 registration, in addition to any other fee required by the board.
15-7 SECTION 17. GEOLOGIST REGISTRATION REQUIREMENTS. To be
15-8 registered as a geologist, an applicant must:
15-9 (1) be of good moral and ethical character as attested
15-10 to by letters of reference submitted on behalf of the applicant or
15-11 as otherwise determined by the board;
15-12 (2) have graduated from a course of study in geology
15-13 or geoscience satisfactory to the board or from a program
15-14 accredited by an organization recognized by the board, of four or
15-15 more years duration including at least 30 semester or 45 quarter
15-16 hours of credit, with a major in geology or geoscience or a
15-17 geological specialty or have satisfactorily completed other
15-18 equivalent educational requirements as determined by the board;
15-19 (3) have a documented record of a minimum of four
15-20 years of satisfactory work experience in geology or a specialty of
15-21 geology obtained after completing the academic requirements of this
15-22 section that demonstrates that the applicant is qualified to
15-23 assume responsible charge for geological work on registration as a
15-24 geologist, two years of which work experience may be required by
15-25 the board to have been gained under the supervision of a geologist
15-26 registered in this state or another state or gained under the
15-27 supervision of another person who, in the opinion of the board, is
16-1 qualified to have responsible charge of geological work;
16-2 (4) have passed an examination covering the
16-3 fundamentals and practice of geology required by the board; and
16-4 (5) meet other general or individual requirements
16-5 established by the board under this Act.
16-6 SECTION 18. GEOPHYSICIST REGISTRATION REQUIREMENTS. To be
16-7 registered as a geophysicist, an applicant must:
16-8 (1) be of good moral and ethical character as attested
16-9 to by letters of reference submitted on behalf of the applicant or
16-10 as otherwise determined by the board;
16-11 (2) have graduated from a course of study in
16-12 geophysics, geophysical science, or another discipline that in the
16-13 board's opinion is relevant to geophysics or from a program
16-14 accredited by an organization recognized by the board, of four or
16-15 more years duration including at least 30 semester or 45 quarter
16-16 hours of credit, with a major in geophysics or geoscience or a
16-17 geophysical specialty or have satisfactorily completed other
16-18 equivalent educational requirements as determined by the board;
16-19 (3) have a documented record of a minimum of four
16-20 years of satisfactory work experience in geophysics or a specialty
16-21 of geophysics obtained after completing the academic requirements
16-22 of this section that demonstrates that the applicant is qualified
16-23 to assume responsible charge for geophysical work on registration
16-24 as a geophysicist, two years of which work experience may be
16-25 required by the board to have been gained under the supervision of
16-26 a geophysicist registered in this state or another state or gained
16-27 under the supervision of another person who, in the opinion of the
17-1 board, is qualified to have responsible charge of geophysical work;
17-2 (4) have passed an examination covering the
17-3 fundamentals and practice of geophysics required by the board; and
17-4 (5) meet other general or individual requirements
17-5 established by the board under this Act.
17-6 SECTION 19. REQUIREMENTS FOR GEOLOGICAL OR GEOPHYSICAL
17-7 SPECIALTY CERTIFICATION. An applicant for certification in a
17-8 geological or geophysical specialty must meet the following
17-9 requirements in addition to meeting the requirements of Section 17
17-10 or 18 of this Act, as appropriate:
17-11 (1) successful completion of 12 semester or 16 quarter
17-12 hours of advanced study in the specialty at an academic institution
17-13 acceptable to the board or completion of an equivalent amount of
17-14 professional experience acceptable to the board;
17-15 (2) have experience including a documented record of
17-16 six or more years of experience with not less than four years in
17-17 the specialty after completing the academic requirements of this
17-18 section in geological or geophysical work, as appropriate, of a
17-19 nature satisfactory to the board that demonstrates that the
17-20 applicant is qualified to assume responsible charge of the
17-21 specialty work on certification in the specialty and not less than
17-22 two years of the experience gained under the supervision of a
17-23 geologist or geophysicist certified in the specialty in this state
17-24 or another state or under the supervision of another person whom
17-25 the board determines to be qualified to have responsible charge of
17-26 geological or geophysical work in the specialty or, as an
17-27 alternative to the two years of experience under the supervision of
18-1 a geologist or geophysicist certified in the specialty, the board
18-2 may accept three reference letters from board certified specialty
18-3 geologists or geophysicists in the specialty; and
18-4 (3) have passed an examination required by the board
18-5 in the specialty.
18-6 SECTION 20. QUALIFYING EXPERIENCE. The following standards
18-7 shall be applied in evaluating the experience of an applicant for
18-8 registration in the practice of geology or geophysics or for a
18-9 specialty certification under Sections 17, 18, and 19 of this Act:
18-10 (1) each year of professional practice acceptable to
18-11 the board, under the direct supervision of a geologist or
18-12 geophysicist, as appropriate, who is registered in this state or in
18-13 another state under requirements for registration that are
18-14 comparable to those in this Act or under the direct supervision of
18-15 a geologist or geophysicist, as appropriate, who meets the
18-16 educational and experience requirements for registration but is not
18-17 required to be registered under this Act constitutes one year of
18-18 professional experience in geology or geophysics;
18-19 (2) each year of professional specialty geology or
18-20 geophysical practice acceptable to the board under the direct
18-21 supervision of a specialty geologist or specialty geophysicist who
18-22 is registered in the specialty under this Act or who is registered
18-23 or certified as a specialty geologist or specialty geophysicist
18-24 under comparable requirements in another state, under a civil
18-25 engineer or geological engineer registered in this state or another
18-26 state, or under a specialty geologist or specialty geophysicist who
18-27 meets the educational and experience requirements for registration
19-1 but is not required to be registered under this Act constitutes
19-2 one year of practice in a specialty in geology or geophysics; and
19-3 (3) a year of experience in professional practice
19-4 acceptable to the board and acquired before September 1, 1996,
19-5 constitutes one year of experience in professional practice if the
19-6 experience:
19-7 (A) was acquired under the direct supervision of
19-8 a geologist or geophysicist, as appropriate, who meets the
19-9 educational and experience requirements for registration under this
19-10 Act or is registered under comparable requirements in another
19-11 state; or
19-12 (B) would constitute the responsible charge of
19-13 professional work in geology or geophysics, as appropriate, as
19-14 determined by the board.
19-15 SECTION 21. GRADUATE STUDY, RESEARCH, AND TEACHING
19-16 EXPERIENCE. (a) Each year of full-time graduate study in the
19-17 geological or geophysical sciences or in a specialty of geology or
19-18 geophysics that is acceptable to the board constitutes one year of
19-19 professional experience in geology or geophysics or the applicable
19-20 specialty of geology or geophysics. No more than two years of
19-21 full-time graduate study may be accepted by the board for
19-22 professional experience for a single applicant.
19-23 (b) The board may accept geological or geophysical research
19-24 or teaching by a person studying geology or geophysics or a
19-25 geological or geophysical specialty at the college or university
19-26 level as qualifying experience if the research or teaching, in the
19-27 judgment of the board, is comparable to experience obtained in the
20-1 practice of geology or geophysics or a specialty of geology or
20-2 geophysics.
20-3 SECTION 22. REGISTRATION WITHOUT EXAMINATION. (a) A person
20-4 holding a valid certificate of registration or license for the
20-5 practice of geology or geophysics or a recognized specialty of
20-6 geology or geophysics issued under the law of another state or a
20-7 territory or possession of the United States, the District of
20-8 Columbia, or a foreign country, is eligible for registration under
20-9 this Act without meeting the examination requirements of Sections
20-10 17(4), 18(4), and 19(3) of this Act.
20-11 (b) The board may issue a certificate of registration to an
20-12 applicant who provides proof of registration or licensure under
20-13 requirements that the board determines to be substantially similar
20-14 to those established by this Act and who pays the required fees.
20-15 SECTION 23. TEMPORARY REGISTRATION. A person who is not a
20-16 resident of this state and does not have an established place of
20-17 business in this state who seeks to practice geology or geophysics
20-18 in this state for a time not to exceed 90 days after the date of
20-19 registration or an applicant for reciprocal registration who seeks
20-20 to practice geology or geophysics pending a determination on the
20-21 reciprocity application may be issued a temporary registration
20-22 certificate authorizing temporary practice in this state if the
20-23 person:
20-24 (1) applies for temporary registration to the board,
20-25 provides proof of registration in another state, District of
20-26 Columbia, territory, possession, or foreign country, and pays the
20-27 required fees;
21-1 (2) agrees to comply with the signature requirements
21-2 of Section 30(b) of this Act and to affix the person's seal from
21-3 the jurisdiction where the person is registered or licensed on all
21-4 work completed while practicing under the temporary registration;
21-5 and
21-6 (3) files the required information and reports and
21-7 complies with other requirements established by the board
21-8 concerning the person's temporary practice.
21-9 SECTION 24. WAIVER OF REQUIREMENTS. (a) In an individual
21-10 case, the board may waive any of the requirements for registration
21-11 by a two-thirds vote of the entire board, except for the payment of
21-12 a required fee, on the written request of the applicant and on a
21-13 showing of good cause if the board determines that the applicant is
21-14 otherwise qualified for registration as a geologist or geophysicist
21-15 or in a specialty of geology or geophysics.
21-16 (b) The requirements waived under this section and the basis
21-17 for the waiver must be recorded in the applicant's record and in
21-18 the proceedings of the board.
21-19 SECTION 25. DENIAL OF REGISTRATION. (a) The board may deny
21-20 registration for an applicant who fails to satisfy a requirement of
21-21 this Act or on a determination by the board that there is probable
21-22 cause to believe that an applicant has violated this Act or a
21-23 provision the registrant would be subject to in this Act or a
21-24 comparable provision in the registration law of another state.
21-25 (b) The board may not issue a certificate of registration
21-26 pending the disposition of a complaint alleging a violation in this
21-27 or another state if the board has notice of the alleged violation.
22-1 (c) An applicant who is denied registration must be notified
22-2 of the reason for denial in writing not later than the 30th day
22-3 after the date of the board's decision. Not later than the 30th
22-4 day after the date of receipt of the notice, the applicant may make
22-5 a written request for a hearing. In the absence of a request for a
22-6 hearing, the board's action is final.
22-7 SECTION 26. CONTINUING EDUCATION. To renew a registration
22-8 as a geologist or geophysicist or certification as a specialty
22-9 geologist or geophysicist, an applicant for renewal must meet the
22-10 continuing education requirements for renewal established by the
22-11 board.
22-12 SECTION 27. CERTIFICATES AND SEALS. (a) The board shall
22-13 issue an appropriate certificate of registration to a registered
22-14 geologist or geophysicist and a specialty certification to an
22-15 applicant who meets the requirements of this Act for registration
22-16 as a geologist or geophysicist or for board certification in a
22-17 specialty of geology or geophysics on payment of the applicable
22-18 registration fee.
22-19 (b) The certificate must show the full name of the
22-20 registrant, have a serial number, and be signed by an appropriate
22-21 officer of the board under the board's seal.
22-22 (c) The issuance by the board of a certificate of
22-23 registration is prima facie evidence that while the certificate is
22-24 valid the person named on the certificate is entitled to all rights
22-25 and privileges of a registered geologist or geophysicist or a board
22-26 certified specialty geologist or geophysicist and is entitled to
22-27 practice geology or geophysics as a firm or corporation.
23-1 SECTION 28. REGISTRATION DURATION; EXPIRATION. (a) A
23-2 certificate of registration is valid for a period not to exceed
23-3 three years and expires according to a schedule established by the
23-4 board.
23-5 (b) The board shall notify each certificate holder of the
23-6 date of expiration of the person's certificate and the amount of
23-7 the fee required for renewal not later than the 60th day before the
23-8 date of expiration.
23-9 (c) On expiration, a certificate is invalid and may not be
23-10 renewed except as provided by this Act.
23-11 SECTION 29. REGISTRATION RENEWAL. (a) The board shall
23-12 renew or reissue a certificate of registration for a registrant who
23-13 before the expiration date of the certificate or within a period
23-14 not to exceed 60 days after the expiration as determined by the
23-15 board:
23-16 (1) submits the required renewal application and fee
23-17 and a penalty for late renewal if required; and
23-18 (2) meets the requirements for renewal established by
23-19 the board.
23-20 (b) The board, by rule, may establish conditions and fees
23-21 for the reissuance of certificates of registration that have
23-22 lapsed, expired, or been suspended or revoked.
23-23 (c) The board shall reissue a new certificate to replace any
23-24 certificate of registration that has been lost, destroyed, or
23-25 mutilated, subject to the rules and fees adopted by the board.
23-26 SECTION 30. REGISTRANT'S SEAL. (a) On registration, a
23-27 registrant must obtain a seal of a design established by the board
24-1 bearing the registrant's name, registration or certification
24-2 number, the words "Registered Geologist" or "Registered
24-3 Geophysicist," and words that indicate any specialty in which the
24-4 individual may be certified.
24-5 (b) Geological and geophysical reports, documents, and other
24-6 records as defined by the board that are offered to the public and
24-7 prepared or issued by or under the supervision of a registered
24-8 geologist or geophysicist or by a subordinate under the supervision
24-9 of a registered geologist or geophysicist must include the full
24-10 name, signature, and registration number of the registrant who
24-11 prepared the document or under whose supervision it was prepared
24-12 and an impression of the registrant's seal in accordance with rules
24-13 adopted by the board. Documents that are required to be prepared
24-14 or issued by or under the direction of a geologist or geophysicist
24-15 certified in a specialty must be similarly signed and sealed.
24-16 SECTION 31. EXEMPTIONS. (a) The following activities do
24-17 not require registration under this Act:
24-18 (1) geological or geophysical work performed by an
24-19 employee or a subordinate of a registrant under this Act, if the
24-20 work does not include the responsible charge of geological or
24-21 geophysical work and is performed under the direct supervision of a
24-22 registered geologist or geophysicist who is responsible for the
24-23 work;
24-24 (2) geological or geophysical work performed by an
24-25 officer or employee of the United States practicing solely as such
24-26 an officer or employee;
24-27 (3) geological or geophysical work performed
25-1 exclusively in exploring for and developing energy resources, base
25-2 metals, precious and nonprecious minerals, including sand, gravel,
25-3 and aggregate, that does not have a substantial impact on the
25-4 public health and safety as determined by rules adopted by the
25-5 board, or require the submission of reports or documents to public
25-6 agencies as provided by Sections 15(c) and 30(b) of this Act;
25-7 (4) geological or geophysical research conducted
25-8 through an academic institution, a state or federal governmental
25-9 agency, a nonprofit research institution, or a for-profit
25-10 organization that includes submitting a report on the research to a
25-11 public agency unless the work is covered by Section 15(c) of this
25-12 Act;
25-13 (5) teaching geology or geophysics or a related
25-14 physical or natural science except for teaching an advanced course
25-15 in geology or geophysics that may be intended to qualify as a
25-16 course requirement for specialty certification;
25-17 (6) the acquisition of engineering data involving
25-18 soil, rock, groundwater, and other earth materials, evaluating the
25-19 physical and chemical properties of soil, rock, groundwater, and
25-20 other earth materials, and using the data analysis, design, and
25-21 construction by a professional engineer registered in this state
25-22 and similar geological or geophysical work performed by a person or
25-23 organization licensed or registered in a profession or occupation
25-24 related to geology or geophysics if the work is permitted under the
25-25 applicable licensing or registration law and is incidental to the
25-26 practice of the profession or occupation for which the license or
25-27 registration is required;
26-1 (7) work customarily performed by a physical or
26-2 natural scientist including a chemist, an archaeologist, a
26-3 geographer, an oceanographer, a geophysicist, a pedologist, and a
26-4 soil scientist if the work does not include the design and
26-5 execution of a geological or geophysical investigation or involve
26-6 the scientist being in responsible charge of geological or
26-7 geophysical or specialty geological or geophysical work or require
26-8 drawing geological or geophysical conclusions or making
26-9 recommendations that significantly affect the public health,
26-10 safety, or welfare; and
26-11 (8) testifying or preparing and presenting an exhibit
26-12 or document for the sole purpose of being placed in evidence before
26-13 an administrative or judicial tribunal or hearing, if the
26-14 testimony, exhibit, or document does not imply that the person is
26-15 registered under this Act.
26-16 (b) This Act does not permit the practice of engineering by
26-17 a geologist or geophysicist or a specialty geologist or
26-18 geophysicist unless the practice is incidental to the practice of
26-19 geology or geophysics or the certified specialty and does not
26-20 include the design of an engineered structure.
26-21 SECTION 32. PRACTICE OF GEOLOGY OR GEOPHYSICS BY FIRM OR
26-22 CORPORATION. (a) A firm or corporation may not engage in the
26-23 public practice of geology or geophysics or a specialty of geology
26-24 or geophysics, except for:
26-25 (1) geological or geophysical work performed by or
26-26 under the supervision of a geologist or geophysicist registered to
26-27 practice geology or geophysics or certified in an applicable
27-1 specialty of geology or geophysics who is in responsible charge of
27-2 the work and who signs and seals all documents as required by this
27-3 Act; and
27-4 (2) a firm or corporation the principal business of
27-5 which is the public practice of geology or geophysics as determined
27-6 by board rule if a principal of the firm or an officer or director
27-7 of the corporation is registered as a geologist or geophysicist and
27-8 has overall supervision and control of the geological or
27-9 geophysical work performed in this state.
27-10 (b) A firm or corporation permitted to engage in the public
27-11 practice of geology or geophysics or a specialty of geology or
27-12 geophysics is subject to the rules of the board that pertain to the
27-13 practice of geology or geophysics or a specialty of geology or
27-14 geophysics by a firm or corporation.
27-15 (c) Except as provided by this section, a person, firm, or
27-16 corporation may not hold out to the public that the person, firm,
27-17 or corporation is a registered geologist or registered
27-18 geophysicist, board certified in a specialty of geology or
27-19 geophysics, or able to perform geological or geophysical services
27-20 or prepare a report or other document that requires the signature
27-21 and seal of a registrant under Sections 15(c) and 30(b) of this
27-22 Act.
27-23 SECTION 33. DISCIPLINE AND ENFORCEMENT. (a) The board may
27-24 take the following disciplinary actions:
27-25 (1) deny renewal of a certificate of registration;
27-26 (2) permanently revoke the certificate of registration
27-27 of a registration holder;
28-1 (3) suspend the certificate of registration of a
28-2 registration holder for a specified time, not to exceed three
28-3 years, to take effect immediately notwithstanding an appeal if the
28-4 board determines that the registration holder's continued practice
28-5 constitutes an imminent danger to the public health, welfare, and
28-6 safety;
28-7 (4) issue a public or private reprimand to an
28-8 applicant, a registration holder, or a person, firm, or corporation
28-9 practicing geology or geophysics under this Act;
28-10 (5) impose limitations, conditions, or restrictions on
28-11 the practice of an applicant, a registration holder, or a person,
28-12 firm, or corporation practicing geology or geophysics under this
28-13 Act;
28-14 (6) require that a registration holder participate in
28-15 a peer review program under rules adopted by the board;
28-16 (7) require that a registration holder obtain remedial
28-17 education and training as prescribed by the board;
28-18 (8) impose probation on a registration holder
28-19 requiring regular reporting to the board;
28-20 (9) require restitution, in whole or in part, of
28-21 compensation or fees earned by a registration holder or a person,
28-22 firm, or corporation practicing geology or geophysics under this
28-23 Act; and
28-24 (10) impose a civil penalty not to exceed $5,000 for
28-25 each violation of this Act or a rule adopted under this Act.
28-26 (b) The board may impose appropriate sanctions for:
28-27 (1) the practice of any fraud or deceit in obtaining
29-1 certification from an organization described in Section 11(i) of
29-2 this Act or in obtaining a certificate of registration as a
29-3 geologist or geophysicist or in a specialty of geology or
29-4 geophysics;
29-5 (2) incompetency, misconduct, fraud, gross negligence,
29-6 or repeated incidents of negligence in the public practice of
29-7 geology or geophysics;
29-8 (3) conviction of a felony or a crime involving moral
29-9 turpitude;
29-10 (4) the imposition of an administrative, civil, or
29-11 criminal fine, or the imposition of a sentence of imprisonment or
29-12 probation instead of a fine for a misdemeanor relating to or
29-13 arising out of the public practice of geology or geophysics;
29-14 (5) the issuance of a cease and desist order or a
29-15 similar sanction relating to or arising out of the public practice
29-16 of geology or geophysics;
29-17 (6) using the seal of another person or using or
29-18 allowing the use of the registration holder's seal on geological or
29-19 geophysical work not performed by or under the supervision of the
29-20 registration holder;
29-21 (7) aiding or abetting a person in the violation of
29-22 this Act;
29-23 (8) the revocation or suspension of a certificate of
29-24 registration, the denial of renewal of a certificate of
29-25 registration, or other disciplinary action taken by a state agency,
29-26 board of registration, or a similar licensing agency for geologists
29-27 or geophysicists or a profession or occupation related to the
30-1 public practice of geology or geophysics; however, the sanction
30-2 imposed by the board under this subdivision may not exceed in
30-3 severity or duration the sanction on which the action is based;
30-4 (9) a mental or physical disability, including a
30-5 dependence on or addiction to alcohol or a legal or illegal drug,
30-6 that substantially interferes with the individual's ability to
30-7 assume the responsible charge of and responsibility for geological
30-8 or geophysical work; however, a sanction imposed under this
30-9 subdivision may not violate a state or federal law relating to the
30-10 rights of a person with a disability;
30-11 (10) practicing or offering to practice geology or
30-12 geophysics or holding out to the public that the person or the
30-13 person's firm or corporation is registered or qualified to practice
30-14 geology or geophysics when the person is not registered under this
30-15 Act or the person's firm or corporation does not employ a
30-16 registered geologist or registered geophysicist as required by this
30-17 Act;
30-18 (11) practicing or offering to practice a specialty of
30-19 geology or geophysics recognized by the board or holding out to the
30-20 public that the person or the person's firm or corporation is
30-21 certified in or qualified to practice a specialty of geology or
30-22 geophysics when the person is not certified in that specialty under
30-23 this Act or the person's firm or corporation does not employ a
30-24 geologist or geophysicist certified in that specialty to be in
30-25 responsible charge of the specialty work as required by this Act;
30-26 or
30-27 (12) violating this Act, a rule adopted under this
31-1 Act, including the code of professional conduct, or a comparable
31-2 provision of the laws or rules regulating the practice of geology
31-3 or geophysics in another state or country.
31-4 SECTION 34. COMPLAINTS; INVESTIGATION. (a) A person may
31-5 bring a complaint alleging a violation of this Act or a rule
31-6 adopted under this Act.
31-7 (b) The board shall investigate all complaints brought to
31-8 its attention and may employ investigators, expert witnesses, and
31-9 hearing officers, appoint advisory committees, and conduct hearings
31-10 to determine whether disciplinary or other action should be taken.
31-11 (c) A complaint must be made in writing, be sworn to by the
31-12 person making the complaint, and be filed with the board's
31-13 secretary.
31-14 (d) A person who reports or provides information to the
31-15 board in good faith is not subject to an action for civil damages.
31-16 (e) The board, on its own motion and on a finding of
31-17 probable cause following its investigation, may direct the
31-18 secretary to file a verified complaint charging a person with a
31-19 violation of this Act or a rule adopted under this Act. The board
31-20 shall hear all charges, except for a charge that the board
31-21 determines to be unfounded or unsupported by the evidence
31-22 submitted.
31-23 SECTION 35. REPORT OF DISCIPLINARY ACTION. (a) The board
31-24 shall report disciplinary actions taken by the board to appropriate
31-25 regulatory officials in this state, to any other registration or
31-26 licensing board or organization acting on behalf of a registration
31-27 or licensing board in another state, or to an appropriate state or
32-1 federal law enforcement agency if the board determines that a
32-2 violation of laws enforced by the agency receiving the report may
32-3 have occurred.
32-4 (b) The board shall report a disciplinary action taken by
32-5 the board to appropriate law enforcement authorities if the board
32-6 believes that the violation prompting the disciplinary action
32-7 constitutes a criminal offense.
32-8 (c) The records of the board's disciplinary actions may be
32-9 released by the board to a law enforcement agency or a licensing or
32-10 registration board in this state or another state on written
32-11 request.
32-12 (d) The board shall issue public notice of all suspensions
32-13 and revocations of certificates of registration, including a
32-14 suspension, surrender of a certificate, or a revocation obtained
32-15 informally or by consent, in an annual report or another
32-16 publication selected by the board. A report under this subsection
32-17 may not include an expiration or revocation of a registration based
32-18 solely on the failure of the registration holder to renew the
32-19 certificate or to pay an applicable fee.
32-20 SECTION 36. APPEAL. A person aggrieved by a final decision
32-21 or action of the board imposing a sanction under this Act may
32-22 appeal the board's decision or action in a court of competent
32-23 jurisdiction.
32-24 SECTION 37. REISSUANCE OF REGISTRATION. (a) The board may
32-25 reissue a certificate of registration that was revoked on written
32-26 application to the board made after the third anniversary of the
32-27 date of the revocation. The applicant must show good cause to
33-1 justify the reissuance of the registration.
33-2 (b) The board shall reissue a certificate of registration
33-3 that was suspended on the date the suspension period expires. The
33-4 board may impose reasonable conditions or limitations in connection
33-5 with the reissuance of a registration that has been suspended.
33-6 SECTION 38. OFFENSE. (a) A person commits an offense if
33-7 the person:
33-8 (1) practices, offers, or attempts to practice geology
33-9 or geophysics or a specialty of geology or geophysics without being
33-10 registered as required by this Act;
33-11 (2) uses the term "Registered Geologist" or
33-12 "Registered Geophysicist," the initials "R.G.," or claims a
33-13 specialty in geology or geophysics as a professional, business, or
33-14 commercial identification or title or otherwise holds out to the
33-15 public that the person is registered to practice geology or
33-16 geophysics or a specialty of geology or geophysics without being
33-17 registered as required by this Act;
33-18 (3) alters or revises a document, map, or other
33-19 geological or geophysical work signed or sealed by a registered
33-20 geologist or registered geophysicist unless the alteration or
33-21 revision is signed and sealed by a registered geologist or
33-22 registered geophysicist;
33-23 (4) changes or alters the name or seal of another
33-24 registered geologist or registered geophysicist on any document,
33-25 map, or other geological or geophysical work;
33-26 (5) impersonates a registered geologist or registered
33-27 geophysicist or presents or attempts to use the certificate of
34-1 registration or the seal of another registered geologist or
34-2 registered geophysicist as the person's own certificate of
34-3 registration or seal;
34-4 (6) gives false or forged evidence to the board or to
34-5 a member of the board in an attempt to obtain a certificate of
34-6 registration;
34-7 (7) uses a seal or signs a document under a
34-8 certificate of registration that is expired or has been suspended
34-9 or revoked;
34-10 (8) manages, owns, or operates a place of business
34-11 where public geological or geophysical work or specialty work that
34-12 is not exempt from registration under this Act is offered or
34-13 performed for others without the work being supervised or performed
34-14 by a registered geologist or registered geophysicist or a geologist
34-15 or geophysicist certified in a specialty of geology or geophysics;
34-16 (9) uses public geological or geophysical work
34-17 performed by another person for a purpose that violates this Act;
34-18 or
34-19 (10) otherwise violates this Act or a rule adopted by
34-20 the board under this Act.
34-21 (b) An offense under this section is a Class A misdemeanor.
34-22 SECTION 39. TRANSITION. (a) An applicant who applies for
34-23 registration under this Act before September 1, 1996, may be
34-24 qualified for registration without written examination if the
34-25 applicant has:
34-26 (1) graduated from an accredited institution of higher
34-27 education acceptable to the board with a bachelor of science or
35-1 bachelor of arts or higher degree and a major in geology or
35-2 geoscience if the application is for certification as a geologist
35-3 or a major in geophysics, geophysical science, or another
35-4 discipline the board determines to be relevant to geophysics if the
35-5 application is for certification as a geophysicist; or
35-6 (2) graduated from an accredited institution of higher
35-7 education in a four-year academic degree program other than
35-8 geology, geoscience, or geophysics, as appropriate, but has
35-9 completed the required number of course hours to qualify as a
35-10 geologist or geophysicist or in a specialty of geology or
35-11 geophysics and has experience consisting of not less than six years
35-12 of professional practice in geology or geophysics, as appropriate,
35-13 acceptable to the board completed before the date of application
35-14 for registration under this section.
35-15 (b) An applicant for certification in a specialty who
35-16 applies before the first anniversary of the date the board
35-17 officially recognizes the specialty under this Act may be qualified
35-18 for certification in that specialty without written examination if
35-19 the applicant:
35-20 (1) is registered under this Act as a geologist or
35-21 geophysicist in this state; and
35-22 (2) has experience consisting of not less than six
35-23 years of professional practice acceptable to the board in the
35-24 applicable specialty of geology or geophysics completed before the
35-25 date of application for certification in a specialty under this
35-26 section.
35-27 (c) An initial member of the board who is required to be a
36-1 registered geologist or geophysicist must be qualified for
36-2 registration or certification under Subsections (a) and (b) of this
36-3 section.
36-4 (d) The governor shall make the initial appointments to the
36-5 board before November 1, 1995. The board shall hold its first
36-6 meeting before January 1, 1996. The initial appointments to the
36-7 board shall be made as follows:
36-8 (1) three members shall be appointed for terms
36-9 expiring in 1997;
36-10 (2) three members shall be appointed for terms
36-11 expiring in 1999; and
36-12 (3) three members shall be appointed for terms
36-13 expiring in 2001.
36-14 (e) The board may use the Council of Professional Geological
36-15 Organizations, Suggested Geologist Practice Act of 1993, with the
36-16 addition of appropriate provisions for the practice of geophysics
36-17 and its specialties, as a guide in adopting rules under this Act.
36-18 (f) The board shall adopt rules under this Act not later
36-19 than November 30, 1995.
36-20 (g) A person is not required to obtain a license under this
36-21 Act until January 1, 1996.
36-22 SECTION 40. EFFECTIVE DATE. This Act takes effect September
36-23 1, 1995, except that Sections 15 and 38 take effect January 1,
36-24 1996.
36-25 SECTION 41. EMERGENCY. The importance of this legislation
36-26 and the crowded condition of the calendars in both houses create an
36-27 emergency and an imperative public necessity that the
37-1 constitutional rule requiring bills to be read on three several
37-2 days in each house be suspended, and this rule is hereby suspended.