2008 Legislation
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HOUSE BILL NO. 350<br /> – Geologists, registration

HOUSE BILL NO. 350

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Bill Status



H0350aaS...................................................by STATE AFFAIRS
GEOLOGISTS - REGISTRATION - Amends and repeals existing law to revise
election of officers for the Board of Registration for Professional
Geologists; to provide that fees shall be paid to the Bureau of
Occupational Licenses Fund; to revise language relating to qualifications
for applicants; to provide that examination and reexamination fees be set
by the board; to revise provisions relating to signatures on certificates
of registration; to revise provisions relating to the preparation of
geologic papers and documents by a subordinate employee; to delete
notification of registrants of certificate expiration dates and renewal
fees; and to revise expiration, renewal and reinstatement of certificates
of registration.

01/16    House intro - 1st rdg - to printing
01/17    Rpt prt - to Bus
02/14    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 64-0-6
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Crane, Eskridge, Hagedorn, Hart,
      Harwood, Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren,
      Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mortimer,
      Moyle, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(24), Smith(30)(Stanek),
      Snodgrass, Stevenson, Thomas, Trail, Vander Woude, Wills, Wood(27),
      Wood(35)
      NAYS -- None
      Absent and excused -- Durst, Mathews, McGeachin, Nielsen, Thayn, Mr.
      Speaker
    Floor Sponsor - Patrick
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to St Aff
03/04    Rpt out - to 14th Ord
03/06    Rpt out amen - to 1st rdg as amen
03/07    1st rdg - to 2nd rdg as amen
03/10    2nd rdg - to 3rd rdg as amen
03/12    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - McKenzie
    Title apvd - to House
03/13    House concurred in Senate amens - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
03/14    2nd rdg - to 3rd rdg as amen
03/17    3rd rdg as amen - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Crane, Durst, Eskridge, Hagedorn, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27), Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Collins, Hart, Wood(35)
    Floor Sponsor - Patrick
    Title apvd - to enrol
03/18    Rpt enrol - Sp signed
03/19    Pres signed
03/20    To Governor
03/25    Governor signed
         Session Law Chapter 249
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 350

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT
  2    RELATING TO GEOLOGISTS; AMENDING SECTION 54-2801, IDAHO CODE, TO PROVIDE FOR A
  3        SHORT TITLE AND TO REVISE THE  DECLARATION  OF  POLICY;  AMENDING  SECTION
  4        54-2806,  IDAHO  CODE,  TO  MAKE  TECHNICAL  CORRECTIONS; AMENDING SECTION
  5        54-2807, IDAHO CODE, TO REVISE BOARD OFFICER ELECTIONS;  AMENDING  SECTION
  6        54-2809,  IDAHO  CODE,  TO  DELETE PROVISIONS RELATING TO THE PROFESSIONAL
  7        GEOLOGISTS' FUND, TO PROVIDE THAT FEES PAID TO THE BUREAU OF  OCCUPATIONAL
  8        LICENSES  BE  DEPOSITED IN THE STATE TREASURY TO THE CREDIT OF THE OCCUPA-
  9        TIONAL LICENSES FUND AND THAT ALL COSTS INCURRED BE  CHARGED  AGAINST  THE
 10        FUND;  AMENDING  SECTION 54-2812, IDAHO CODE, TO REVISE QUALIFICATIONS FOR
 11        REGISTRATION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION  54-2813,
 12        IDAHO  CODE,  TO  MAKE  A  TECHNICAL CORRECTION; AMENDING SECTION 54-2814,
 13        IDAHO CODE, TO REVISE PROVISIONS RELATING TO EXAMINATIONS, TO PROVIDE THAT
 14        EXAMINATION AND REEXAMINATION FEES SHALL BE SET BY THE BOARD IN  RULE,  TO
 15        REVISE  PROVISIONS  RELATING  TO PAYMENT OF REEXAMINATION FEES AND TO MAKE
 16        TECHNICAL CORRECTIONS; AMENDING SECTION 54-2815, IDAHO CODE, TO MAKE TECH-
 17        NICAL CORRECTIONS, TO REVISE PROVISIONS RELATING TO SIGNATURES ON CERTIFI-
 18        CATES OF REGISTRATION, TO PROVIDE CORRECT TERMINOLOGY AND TO REVISE PROVI-
 19        SIONS RELATING TO THE PREPARATION OF GEOLOGIC PAPERS OR DOCUMENTS  INVOLV-
 20        ING  GEOLOGIC  WORK  BY  A SUBORDINATE EMPLOYEE; AMENDING SECTION 54-2816,
 21        IDAHO CODE, TO DELETE A REQUIREMENT THAT THE BOARD NOTIFY  REGISTRANTS  OF
 22        CERTIFICATE  OF  REGISTRATION  EXPIRATION DATE AND RENEWAL FEES, TO REVISE
 23        CERTIFICATE OF REGISTRATION RENEWAL, REINSTATEMENT AND EXPIRATION  AND  TO
 24        PROVIDE  FOR  A  REINSTATEMENT  FEE;  AND REPEALING SECTION 54-2817, IDAHO
 25        CODE, RELATING TO REPLACEMENT OF LOST, DESTROYED OR MUTILATED CERTIFICATES
 26        OF REGISTRATION.

 27    Be It Enacted by the Legislature of the State of Idaho:

 28        SECTION 1.  That Section 54-2801, Idaho Code, be, and the same  is  hereby
 29    amended to read as follows:

 30        54-2801.  SHORT TITLE -- DECLARATION OF POLICY. (1)  This chapter shall be
 31    known as the "Idaho Professional Geologists Act."
 32        (2)  In  order to safeguard life, health, and property, and to promote the
 33    public welfare, the practice of geology in this state is hereby declared to be
 34    subject to regulation in the public interest. It shall  be  unlawful  for  any
 35    person to practice, or offer to practice, geology for others in this state, as
 36    defined  in  the  provisions of this act chapter, or to use in connection with
 37    his name or otherwise assume, or advertise any title or description tending to
 38    convey the impression that he is a geologist, unless such person has been duly
 39    registered or is otherwise exempted under the provisions of this act  chapter.
 40    The  right  to  engage  in  the practice of geology shall be deemed a personal
 41    right, based on the qualifications of the individual as evidenced by  his  the
 42    certificate of registration, and shall not be transferable.

                                       2

  1        SECTION  2.  That  Section 54-2806, Idaho Code, be, and the same is hereby
  2    amended to read as follows:

  3        54-2806.  REMOVAL BY GOVERNOR FOR CAUSE. The governor may remove any  mem-
  4    ber  of  the board for misconduct, incompetency incompetence, neglect of duty,
  5    or any other sufficient cause. Vacancies in the membership of the board  shall
  6    be filled for the unexpired term by appointment by the governor as provided in
  7    section 54-2803, Idaho Code.

  8        SECTION  3.  That  Section 54-2807, Idaho Code, be, and the same is hereby
  9    amended to read as follows:

 10        54-2807.  BOARD MEETINGS. The board shall hold at least  one  (1)  regular
 11    meeting  each year. The board may provide for such additional regular meetings
 12    as necessary and for special meetings. Notice of all meetings shall  be  given
 13    as  may  be provided in the open meeting law. The board shall annually elect a
 14    chairman, and a vice chairman, and a secretary, who shall be  members  of  the
 15    board,  and  they may provide for an assistant who need not be a member of the
 16    board. Three (3) members shall constitute a quorum.

 17        SECTION 4.  That Section 54-2809, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:

 19        54-2809. PROFESSIONAL  GEOLOGISTS' FUND -- FINANCES. The duly elected sec-
 20    retary of the board shall receive and account for all moneys derived under the
 21    provisions of this chapter, and shall pay the same monthly to the state  trea-
 22    surer,  who  shall  keep  such  moneys  in  a separate fund to be known as the
 23    "professional geologists' fund." Such fund shall be kept  separate  and  apart
 24    from  all other moneys in the treasury, and shall be paid out only on approval
 25    of the board. The secretary of the board shall  receive  such  salary  as  the
 26    board  shall  determine  in addition to the compensation and expenses provided
 27    for in section 54-2805, Idaho Code. The board  may  employ  such  clerical  or
 28    other  assistants as are necessary for the proper performance of its work, and
 29    may make expenditures of this fund for any purpose which in the opinion of the
 30    board is reasonably necessary for the proper performance of its  duties  under
 31    this  chapter.  Under  no circumstances shall the total amount of expenditures
 32    approved by the board in payment of the expenses and compensation provided for
 33    in this chapter exceed the amount of the  examination  and  registration  fees
 34    collected  as  herein  provided. All warrants on the "professional geologists'
 35    funds" shall be drawn by the state controller on vouchers  by  the  board  and
 36    approved  by  the  state board of examiners All fees received under the provi-
 37    sions of this chapter shall be paid to the bureau of occupational licenses and
 38    deposited in the state treasury to the credit  of  the  occupational  licenses
 39    fund  and all costs and expenses incurred under the provisions of this chapter
 40    shall be a charge against and paid from said fund.

 41        SECTION 5.  That Section 54-2812, Idaho Code, be, and the same  is  hereby
 42    amended to read as follows:

 43        54-2812.  QUALIFICATIONS  FOR  REGISTRATION. (1) No applicant who is not a
 44    lawful resident of the United States and of good moral character may be regis-
 45    tered. until he has All applicants shall successfully passed pass an  examina-
 46    tion  given  by or under the supervision of the board., nor shall an No appli-
 47    cant shall be registered having habits of character that would justify revoca-
 48    tion or suspension of registration, as  provided  in  section  54-2819,  Idaho

                                       3

  1    Code. The following shall be considered as minimum evidence that the applicant
  2    is  qualified to take an examination for registration as a professional geolo-
  3    gist:
  4        (2)  Completion of thirty (30) semester units  in  courses  in  geological
  5    science  leading  to  a  degree  in  the geological sciences of which at least
  6    twenty-four (24) units are in third or fourth year, and/or  graduate  courses;
  7    and  have at least seven (7) years of professional geological work which shall
  8    include either a minimum of three (3) years of  professional  geological  work
  9    under the supervision of a registered geologist; or, wherein the applicant has
 10    been  under  the  direct supervision of an individual acceptable to the board,
 11    or, wherein the applicant has demonstrated five (5) years of progressive expe-
 12    rience in responsible charge of geological work  that  is  acceptable  to  the
 13    board.
 14        Each year of undergraduate study in the geological sciences shall count as
 15    one-half  (1/2)  year  of  training up to a maximum of two (2) years, and each
 16    year of graduate study or research counts as a year of training.
 17        Teaching in the geological sciences at college  level  shall  be  credited
 18    year  for  year toward meeting the requirement in this category, provided that
 19    the total annual teaching experience includes six (6) semester units of  third
 20    or fourth year or graduate courses.
 21        Credit  for  undergraduate  study, graduate study, and teaching, individu-
 22    ally, or in any combination thereof, shall in no case exceed a total  of  four
 23    (4) years towards meeting the requirement for at least seven (7) years of pro-
 24    fessional geological work as set forth above.
 25        The  ability  of  the applicant shall have been demonstrated by his having
 26    performed the work in a responsible position, as the term  "responsible  posi-
 27    tion"  is  defined in rules adopted by the board. The adequacy of the required
 28    supervision and experience shall be determined by the board in accordance with
 29    standards set forth in the rules adopted by it the board.
 30        Three (3) references from geologists  in  responsible  positions  must  be
 31    filed with the application for registration.
 32        (3)  A person holding a certificate of registration to engage in the prac-
 33    tice of geology, issued to him by a proper authority of a state, territory, or
 34    possession  of  the United States, the District of Columbia, or of any foreign
 35    country, who, in the opinion of the board,  meets  the  requirements  of  this
 36    chapter, based on verified evidence may, upon application, be registered with-
 37    out further examination.
 38        An applicant otherwise qualified as prescribed in this chapter need not be
 39    actively engaged in the practice of geology to be eligible for registration.

 40        SECTION  6.  That  Section 54-2813, Idaho Code, be, and the same is hereby
 41    amended to read as follows:

 42        54-2813.  APPLICATION FORMS -- APPLICATION FEE. Applications for registra-
 43    tion shall be on forms prescribed and furnished by the board. The  application
 44    shall  be  made  under  oath,  and  shall show the applicant's education and a
 45    detailed summary of his geologic work.
 46        (1)  The application fee for professional geologists shall be set  by  the
 47    board at not more than one hundred dollars ($100).
 48        (2)  Should  the  board deny the issuance of a certificate of registration
 49    to any applicant, the application fee  deposited  shall  be  retained  by  the
 50    board.

 51        SECTION  7.  That  Section 54-2814, Idaho Code, be, and the same is hereby
 52    amended to read as follows:

                                       4

  1        54-2814.  EXAMINATION AND FEE -- TIME AND PLACE -- SCOPE --  REEXAMINATION
  2    --  REEXAMINATION FEE. Written and/or oral eExaminations shall be held at such
  3    time and place as the board shall determine. If examinations are  required  on
  4    fundamental  geologic  subjects, (such as are ordinarily given in college cur-
  5    ricula), the applicant may be permitted to take this part of the  professional
  6    examination  prior  to  his completion of the requisite years of experience in
  7    geologic work, and satisfactory passage of this portion  of  the  professional
  8    examination  by the applicant shall constitute a credit toward the applicant's
  9    complete professional examination for a period not to exceed ten  (10)  years.
 10    The examination fee and the reexamination fee shall be set by the rules of the
 11    board.
 12        The  scope  of  the examination and the methods of procedure shall be pre-
 13    scribed by the board with special reference  to  the  applicant's  ability  to
 14    supervise  geologic projects so as to insure ensure the safety of life, health
 15    and property. A candidate failing his first examination may apply for reexami-
 16    nation within one (1) year of the failed exam without filing a new application
 17    and shall be entitled to such reexamination on payment of  an  additional  the
 18    reexamination  fee to be set by the board. A candidate who fails on reexamina-
 19    tion, must file a new application before he can again be admitted to  examina-
 20    tion,  and  such new application shall not be filed prior to one (1) year fol-
 21    lowing the date of the last examination taken by the applicant; provided, how-
 22    ever, that it shall be unlawful for a candidate  failing  any  examination  to
 23    practice  professional  geology  under  subsections  (b)  and  (c)  of section
 24    54-2822, Idaho Code.

 25        SECTION 8.  That Section 54-2815, Idaho Code, be, and the same  is  hereby
 26    amended to read as follows:

 27        54-2815.  CERTIFICATE  OF  REGISTRATION  --  CERTIFICATE FEE -- SIGNING OF
 28    WORK -- SEAL -- INVALID AFFIXATIONS UNLAWFUL. The board shall issue a certifi-
 29    cate of registration upon payment of a certificate fee as set by the board, to
 30    any applicant who, in the opinion of the board, has satisfactorily met all the
 31    requirements of this chapter. Certificates of registration shall show the full
 32    name of the registrant, shall give a serial number, and shall be signed by the
 33    chairman and the secretary of the board. under seal of the board.
 34        The issuance of a certificate of registration by the board shall be  prima
 35    facie  evidence  that  the person named therein thereon is entitled to all the
 36    rights and privileges of a registered professional geologist, while  the  said
 37    certificate remains unrevoked or unexpired current and in good standing.
 38        All  drawings,  specifications, reports, or other geologic papers or docu-
 39    ments involving geologic work as defined in section 54-2802, Idaho Code, which
 40    shall have been prepared or approved by a registered geologist or prepared  by
 41    a  subordinate employee under his the direction of a registered geologist, for
 42    the use of or for delivery to any person or  for  public  record  within  this
 43    state shall be signed by him the geologist or be impressed with said an autho-
 44    rized  seal  or  the  seal of a nonresident practicing under the provisions of
 45    section 54-2822, Idaho Code, either of which shall indicate his responsibility
 46    for them the papers or documents.
 47        Each registrant hereunder may, upon registration, obtain  a  seal  of  the
 48    design  authorized  by the board, bearing the registrant's name and the legend
 49    "registered professional geologist."
 50        It shall be unlawful for any person to affix his a signature,    stamp  or
 51    seal  to  any  document, after the certificate of the registrant named thereon
 52    has expired or been suspended or revoked, unless said certificate  shall  have
 53    been renewed, reinstated, or reissued.

                                       5

  1        SECTION  9.  That  Section 54-2816, Idaho Code, be, and the same is hereby
  2    amended to read as follows:

  3        54-2816.  EXPIRATION OF CERTIFICATE -- NOTICE -- RENEWAL --  RENEWAL  FEE.
  4    Certificates of registration shall expire on the last day of the month of June
  5    following  their  issuance  or  renewal  and shall become invalid on that date
  6    unless renewed. It shall be the duty of the secretary of the board  to  notify
  7    every  person  registered under this act, of the date of the expiration of his
  8    certificate and the amount of the fee that shall be required for  its  renewal
  9    for  one  (1)  year;  such  notice  shall  be mailed at least one (1) month in
 10    advance of the date of expiration of said certificate. Renewal of  a  certifi-
 11    cate  of registration may be effected at any time prior to June 30 expiration,
 12    the payment of a renewal fee to be fixed by the board at  not  more  than  one
 13    hundred dollars ($100). The failure on the part of any registrant to renew his
 14    certificate  annually in the month of June as required above shall not deprive
 15    such a person of the right of renewal, but the fee to be paid for the  renewal
 16    of  a  certificate  after the month of June shall be increased twenty per cent
 17    (20%) for each month or fraction  of  a  month  that  payment  of  renewal  is
 18    delayed; provided, however, that All certificates of registration issued under
 19    the  provisions  of  this chapter shall be subject to annual renewal and shall
 20    expire unless renewed. Tthe maximum  fee  for  delayed  renewal  reinstatement
 21    shall  not  exceed  twice  the renewal fee for each year delinquent, but in no
 22    event more than two hundred dollars ($200) as determined by the rules  of  the
 23    board.  All  renewals  and  reinstatements shall be in accordance with section
 24    67-2614, Idaho Code.

 25        SECTION 10.  That Section 54-2817, Idaho Code, be, and the same is  hereby
 26    repealed.

Amendment




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                                     Moved by      Jorgenson

                                                     Seconded by Siddoway


                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 350


  1                                AMENDMENT TO SECTION 5
  2        On page 2 of the printed bill, in line 43, delete "No applicant who is not
  3    a" and insert: "No applicant"; delete line 44 and insert: "may be regis-";  in
  4    line 45, delete "tered." and insert: "tered".

  5                                 CORRECTION TO TITLE
  6    On page 1, in line 10, following "REVISE" insert: "LANGUAGE RELATING TO".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                        HOUSE BILL NO. 350, As Amended in the Senate

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT
  2    RELATING TO GEOLOGISTS; AMENDING SECTION 54-2801, IDAHO CODE, TO PROVIDE FOR A
  3        SHORT TITLE AND TO REVISE THE  DECLARATION  OF  POLICY;  AMENDING  SECTION
  4        54-2806,  IDAHO  CODE,  TO  MAKE  TECHNICAL  CORRECTIONS; AMENDING SECTION
  5        54-2807, IDAHO CODE, TO REVISE BOARD OFFICER ELECTIONS;  AMENDING  SECTION
  6        54-2809,  IDAHO  CODE,  TO  DELETE PROVISIONS RELATING TO THE PROFESSIONAL
  7        GEOLOGISTS' FUND, TO PROVIDE THAT FEES PAID TO THE BUREAU OF  OCCUPATIONAL
  8        LICENSES  BE  DEPOSITED IN THE STATE TREASURY TO THE CREDIT OF THE OCCUPA-
  9        TIONAL LICENSES FUND AND THAT ALL COSTS INCURRED BE  CHARGED  AGAINST  THE
 10        FUND; AMENDING SECTION 54-2812, IDAHO CODE, TO REVISE LANGUAGE RELATING TO
 11        QUALIFICATIONS  FOR REGISTRATION AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
 12        ING SECTION 54-2813, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION;  AMENDING
 13        SECTION  54-2814,  IDAHO  CODE,  TO REVISE PROVISIONS RELATING TO EXAMINA-
 14        TIONS, TO PROVIDE THAT EXAMINATION AND REEXAMINATION FEES SHALL BE SET  BY
 15        THE  BOARD IN RULE, TO REVISE PROVISIONS RELATING TO PAYMENT OF REEXAMINA-
 16        TION FEES AND TO MAKE TECHNICAL  CORRECTIONS;  AMENDING  SECTION  54-2815,
 17        IDAHO  CODE,  TO MAKE TECHNICAL CORRECTIONS, TO REVISE PROVISIONS RELATING
 18        TO SIGNATURES ON CERTIFICATES OF REGISTRATION, TO PROVIDE  CORRECT  TERMI-
 19        NOLOGY  AND  TO  REVISE PROVISIONS RELATING TO THE PREPARATION OF GEOLOGIC
 20        PAPERS OR DOCUMENTS INVOLVING GEOLOGIC WORK  BY  A  SUBORDINATE  EMPLOYEE;
 21        AMENDING  SECTION  54-2816,  IDAHO  CODE, TO DELETE A REQUIREMENT THAT THE
 22        BOARD NOTIFY REGISTRANTS OF CERTIFICATE OF  REGISTRATION  EXPIRATION  DATE
 23        AND  RENEWAL  FEES,  TO  REVISE CERTIFICATE OF REGISTRATION RENEWAL, REIN-
 24        STATEMENT AND EXPIRATION AND TO  PROVIDE  FOR  A  REINSTATEMENT  FEE;  AND
 25        REPEALING  SECTION  54-2817,  IDAHO CODE, RELATING TO REPLACEMENT OF LOST,
 26        DESTROYED OR MUTILATED CERTIFICATES OF REGISTRATION.

 27    Be It Enacted by the Legislature of the State of Idaho:

 28        SECTION 1.  That Section 54-2801, Idaho Code, be, and the same  is  hereby
 29    amended to read as follows:

 30        54-2801.  SHORT TITLE -- DECLARATION OF POLICY. (1)  This chapter shall be
 31    known as the "Idaho Professional Geologists Act."
 32        (2)  In  order to safeguard life, health, and property, and to promote the
 33    public welfare, the practice of geology in this state is hereby declared to be
 34    subject to regulation in the public interest. It shall  be  unlawful  for  any
 35    person to practice, or offer to practice, geology for others in this state, as
 36    defined  in  the  provisions of this act chapter, or to use in connection with
 37    his name or otherwise assume, or advertise any title or description tending to
 38    convey the impression that he is a geologist, unless such person has been duly
 39    registered or is otherwise exempted under the provisions of this act  chapter.
 40    The  right  to  engage  in  the practice of geology shall be deemed a personal
 41    right, based on the qualifications of the individual as evidenced by  his  the
 42    certificate of registration, and shall not be transferable.

                                       2

  1        SECTION  2.  That  Section 54-2806, Idaho Code, be, and the same is hereby
  2    amended to read as follows:

  3        54-2806.  REMOVAL BY GOVERNOR FOR CAUSE. The governor may remove any  mem-
  4    ber  of  the board for misconduct, incompetency incompetence, neglect of duty,
  5    or any other sufficient cause. Vacancies in the membership of the board  shall
  6    be filled for the unexpired term by appointment by the governor as provided in
  7    section 54-2803, Idaho Code.

  8        SECTION  3.  That  Section 54-2807, Idaho Code, be, and the same is hereby
  9    amended to read as follows:

 10        54-2807.  BOARD MEETINGS. The board shall hold at least  one  (1)  regular
 11    meeting  each year. The board may provide for such additional regular meetings
 12    as necessary and for special meetings. Notice of all meetings shall  be  given
 13    as  may  be provided in the open meeting law. The board shall annually elect a
 14    chairman, and a vice chairman, and a secretary, who shall be  members  of  the
 15    board,  and  they may provide for an assistant who need not be a member of the
 16    board. Three (3) members shall constitute a quorum.

 17        SECTION 4.  That Section 54-2809, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:

 19        54-2809. PROFESSIONAL  GEOLOGISTS' FUND -- FINANCES. The duly elected sec-
 20    retary of the board shall receive and account for all moneys derived under the
 21    provisions of this chapter, and shall pay the same monthly to the state  trea-
 22    surer,  who  shall  keep  such  moneys  in  a separate fund to be known as the
 23    "professional geologists' fund." Such fund shall be kept  separate  and  apart
 24    from  all other moneys in the treasury, and shall be paid out only on approval
 25    of the board. The secretary of the board shall  receive  such  salary  as  the
 26    board  shall  determine  in addition to the compensation and expenses provided
 27    for in section 54-2805, Idaho Code. The board  may  employ  such  clerical  or
 28    other  assistants as are necessary for the proper performance of its work, and
 29    may make expenditures of this fund for any purpose which in the opinion of the
 30    board is reasonably necessary for the proper performance of its  duties  under
 31    this  chapter.  Under  no circumstances shall the total amount of expenditures
 32    approved by the board in payment of the expenses and compensation provided for
 33    in this chapter exceed the amount of the  examination  and  registration  fees
 34    collected  as  herein  provided. All warrants on the "professional geologists'
 35    funds" shall be drawn by the state controller on vouchers  by  the  board  and
 36    approved  by  the  state board of examiners All fees received under the provi-
 37    sions of this chapter shall be paid to the bureau of occupational licenses and
 38    deposited in the state treasury to the credit  of  the  occupational  licenses
 39    fund  and all costs and expenses incurred under the provisions of this chapter
 40    shall be a charge against and paid from said fund.

 41        SECTION 5.  That Section 54-2812, Idaho Code, be, and the same  is  hereby
 42    amended to read as follows:

 43        54-2812.  QUALIFICATIONS  FOR REGISTRATION. (1) No applicant may be regis-
 44    tered until he has All applicants shall successfully passed pass  an  examina-
 45    tion  given  by or under the supervision of the board., nor shall an No appli-
 46    cant shall be registered having habits of character that would justify revoca-
 47    tion or suspension of registration, as  provided  in  section  54-2819,  Idaho
 48    Code. The following shall be considered as minimum evidence that the applicant

                                       3

  1    is  qualified to take an examination for registration as a professional geolo-
  2    gist:
  3        (2)  Completion of thirty (30) semester units  in  courses  in  geological
  4    science  leading  to  a  degree  in  the geological sciences of which at least
  5    twenty-four (24) units are in third or fourth year, and/or  graduate  courses;
  6    and  have at least seven (7) years of professional geological work which shall
  7    include either a minimum of three (3) years of  professional  geological  work
  8    under the supervision of a registered geologist; or, wherein the applicant has
  9    been  under  the  direct supervision of an individual acceptable to the board,
 10    or, wherein the applicant has demonstrated five (5) years of progressive expe-
 11    rience in responsible charge of geological work  that  is  acceptable  to  the
 12    board.
 13        Each year of undergraduate study in the geological sciences shall count as
 14    one-half  (1/2)  year  of  training up to a maximum of two (2) years, and each
 15    year of graduate study or research counts as a year of training.
 16        Teaching in the geological sciences at college  level  shall  be  credited
 17    year  for  year toward meeting the requirement in this category, provided that
 18    the total annual teaching experience includes six (6) semester units of  third
 19    or fourth year or graduate courses.
 20        Credit  for  undergraduate  study, graduate study, and teaching, individu-
 21    ally, or in any combination thereof, shall in no case exceed a total  of  four
 22    (4) years towards meeting the requirement for at least seven (7) years of pro-
 23    fessional geological work as set forth above.
 24        The  ability  of  the applicant shall have been demonstrated by his having
 25    performed the work in a responsible position, as the term  "responsible  posi-
 26    tion"  is  defined in rules adopted by the board. The adequacy of the required
 27    supervision and experience shall be determined by the board in accordance with
 28    standards set forth in the rules adopted by it the board.
 29        Three (3) references from geologists  in  responsible  positions  must  be
 30    filed with the application for registration.
 31        (3)  A person holding a certificate of registration to engage in the prac-
 32    tice of geology, issued to him by a proper authority of a state, territory, or
 33    possession  of  the United States, the District of Columbia, or of any foreign
 34    country, who, in the opinion of the board,  meets  the  requirements  of  this
 35    chapter, based on verified evidence may, upon application, be registered with-
 36    out further examination.
 37        An applicant otherwise qualified as prescribed in this chapter need not be
 38    actively engaged in the practice of geology to be eligible for registration.

 39        SECTION  6.  That  Section 54-2813, Idaho Code, be, and the same is hereby
 40    amended to read as follows:

 41        54-2813.  APPLICATION FORMS -- APPLICATION FEE. Applications for registra-
 42    tion shall be on forms prescribed and furnished by the board. The  application
 43    shall  be  made  under  oath,  and  shall show the applicant's education and a
 44    detailed summary of his geologic work.
 45        (1)  The application fee for professional geologists shall be set  by  the
 46    board at not more than one hundred dollars ($100).
 47        (2)  Should  the  board deny the issuance of a certificate of registration
 48    to any applicant, the application fee  deposited  shall  be  retained  by  the
 49    board.

 50        SECTION  7.  That  Section 54-2814, Idaho Code, be, and the same is hereby
 51    amended to read as follows:

                                       4

  1        54-2814.  EXAMINATION AND FEE -- TIME AND PLACE -- SCOPE --  REEXAMINATION
  2    --  REEXAMINATION FEE. Written and/or oral eExaminations shall be held at such
  3    time and place as the board shall determine. If examinations are  required  on
  4    fundamental  geologic  subjects, (such as are ordinarily given in college cur-
  5    ricula), the applicant may be permitted to take this part of the  professional
  6    examination  prior  to  his completion of the requisite years of experience in
  7    geologic work, and satisfactory passage of this portion  of  the  professional
  8    examination  by the applicant shall constitute a credit toward the applicant's
  9    complete professional examination for a period not to exceed ten  (10)  years.
 10    The examination fee and the reexamination fee shall be set by the rules of the
 11    board.
 12        The  scope  of  the examination and the methods of procedure shall be pre-
 13    scribed by the board with special reference  to  the  applicant's  ability  to
 14    supervise  geologic projects so as to insure ensure the safety of life, health
 15    and property. A candidate failing his first examination may apply for reexami-
 16    nation within one (1) year of the failed exam without filing a new application
 17    and shall be entitled to such reexamination on payment of  an  additional  the
 18    reexamination  fee to be set by the board. A candidate who fails on reexamina-
 19    tion, must file a new application before he can again be admitted to  examina-
 20    tion,  and  such new application shall not be filed prior to one (1) year fol-
 21    lowing the date of the last examination taken by the applicant; provided, how-
 22    ever, that it shall be unlawful for a candidate  failing  any  examination  to
 23    practice  professional  geology  under  subsections  (b)  and  (c)  of section
 24    54-2822, Idaho Code.

 25        SECTION 8.  That Section 54-2815, Idaho Code, be, and the same  is  hereby
 26    amended to read as follows:

 27        54-2815.  CERTIFICATE  OF  REGISTRATION  --  CERTIFICATE FEE -- SIGNING OF
 28    WORK -- SEAL -- INVALID AFFIXATIONS UNLAWFUL. The board shall issue a certifi-
 29    cate of registration upon payment of a certificate fee as set by the board, to
 30    any applicant who, in the opinion of the board, has satisfactorily met all the
 31    requirements of this chapter. Certificates of registration shall show the full
 32    name of the registrant, shall give a serial number, and shall be signed by the
 33    chairman and the secretary of the board. under seal of the board.
 34        The issuance of a certificate of registration by the board shall be  prima
 35    facie  evidence  that  the person named therein thereon is entitled to all the
 36    rights and privileges of a registered professional geologist, while  the  said
 37    certificate remains unrevoked or unexpired current and in good standing.
 38        All  drawings,  specifications, reports, or other geologic papers or docu-
 39    ments involving geologic work as defined in section 54-2802, Idaho Code, which
 40    shall have been prepared or approved by a registered geologist or prepared  by
 41    a  subordinate employee under his the direction of a registered geologist, for
 42    the use of or for delivery to any person or  for  public  record  within  this
 43    state  shall  be  signed  by  him  the  geologist or be impressed with said an
 44    authorized seal or the seal of a nonresident practicing under  the  provisions
 45    of  section  54-2822, Idaho Code, either of which shall indicate his responsi-
 46    bility for them the papers or documents.
 47        Each registrant hereunder may, upon registration, obtain  a  seal  of  the
 48    design  authorized  by the board, bearing the registrant's name and the legend
 49    "registered professional geologist."
 50        It shall be unlawful for any person to affix his a signature,    stamp  or
 51    seal  to  any  document, after the certificate of the registrant named thereon
 52    has expired or been suspended or revoked, unless said certificate  shall  have
 53    been renewed, reinstated, or reissued.

                                       5

  1        SECTION  9.  That  Section 54-2816, Idaho Code, be, and the same is hereby
  2    amended to read as follows:

  3        54-2816.  EXPIRATION OF CERTIFICATE -- NOTICE -- RENEWAL --  RENEWAL  FEE.
  4    Certificates of registration shall expire on the last day of the month of June
  5    following  their  issuance  or  renewal  and shall become invalid on that date
  6    unless renewed. It shall be the duty of the secretary of the board  to  notify
  7    every  person  registered under this act, of the date of the expiration of his
  8    certificate and the amount of the fee that shall be required for  its  renewal
  9    for  one  (1)  year;  such  notice  shall  be mailed at least one (1) month in
 10    advance of the date of expiration of said certificate. Renewal of  a  certifi-
 11    cate  of registration may be effected at any time prior to June 30 expiration,
 12    the payment of a renewal fee to be fixed by the board at  not  more  than  one
 13    hundred dollars ($100). The failure on the part of any registrant to renew his
 14    certificate  annually in the month of June as required above shall not deprive
 15    such a person of the right of renewal, but the fee to be paid for the  renewal
 16    of  a  certificate  after the month of June shall be increased twenty per cent
 17    (20%) for each month or fraction  of  a  month  that  payment  of  renewal  is
 18    delayed; provided, however, that All certificates of registration issued under
 19    the  provisions  of  this chapter shall be subject to annual renewal and shall
 20    expire unless renewed. Tthe maximum  fee  for  delayed  renewal  reinstatement
 21    shall  not  exceed  twice  the renewal fee for each year delinquent, but in no
 22    event more than two hundred dollars ($200) as determined by the rules  of  the
 23    board.  All  renewals  and  reinstatements shall be in accordance with section
 24    67-2614, Idaho Code.

 25        SECTION 10.  That Section 54-2817, Idaho Code, be, and the same is  hereby
 26    repealed.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE

                          RS 17429

This change will move the Registration of Geologists under the 
umbrella of the Bureau of Occupational Licenses




                          FISCAL NOTE

No impact on general or dedicated funds.  The budget will move 
with this board.  The board hopes to see efficiencies which 
should save money in the long run and be able to provide better 
customer service.




CONTACT
Name:	TANA CORY
Agency:	Occupational License, Bureau
Phone:	(208) 334-3233


STATEMENT OF PURPOSE/FISCAL NOTE	                 H 350