0001|                            HOUSE BILL 474
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                         JAMES ROGER MADALENA
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO GEOLOGY; DEFINING THE SCIENCE AND PRACTICE;
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0012|     PROVIDING A PENALTY.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  SHORT TITLE.--This act may be cited as the
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0016|     "Geology Practice Act".
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0017|          Section 2.  PURPOSES.--The purposes of the Geology
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0018|     Practice Act are to safeguard the life, health, property and
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0019|     public welfare of the people of this state and to protect them
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0020|     against the unauthorized, unqualified and improper practice of
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0021|     geology.
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0022|          Section 3.  DEFINITIONS.--As used in the Geology Practice
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0023|     Act:
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0024|               A.  "geology" means the science that is:
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0025|                    (1)  the study of the earth and its origin and
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0001|     history in general;
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0002|                    (2)  the investigation, including collection of
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0003|     specimens, of the earth's constituent rocks, minerals, soils,
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0004|     fossils, solids, fluids including surface and underground
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0005|     waters, gases and other minerals from the center of its core to
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0006|     its surface; and
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0007|                    (3)  the application and use of this knowledge
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0008|     of the earth for the benefit of mankind;
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0009|               B.  "geologist" means a person who is engaged in the
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0010|     practice of geology; and
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0011|               C.  "professional geologist" is a person who:
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0012|                    (1)  is a graduate of an institution of higher
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0013|     education which is accredited by a regional or national
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0014|     accreditation agency, with a minimum of thirty semester or
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0015|     forty-five quarter hours of undergraduate or graduate work in a
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0016|     field of geology and who has a specific post-baccalaureate
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0017|     record of five years of geological experience that includes no
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0018|     more than two years of graduate work;
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0019|                    (2)  has a specific record of twelve years of
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0020|     geological experience, at least three of which were under the
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0021|     supervision of a professional geologist; or
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0022|                    (3)  is licensed or certified as a professional
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0023|     geologist by another state or by a nationally recognized
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0024|     nonprofit geological organization having certified members in
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0025|     more than ten states, provided the requirements for the
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0001|     licensure or certification meet or exceed the requirements of
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0002|     paragraphs (1) or (2) of this subsection.
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0003|          Section 4.  REPORTS CONTAINING GEOLOGIC INFORMATION.--Any
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0004|     report required by law or by rule or regulation and prepared as
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0005|     a result of or based on a geologic study or on geologic data,
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0006|     or that contains information relating to geology and that is to
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0007|     be presented to or is prepared for any state agency, political
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0008|     subdivision or recognized state or local board or commission,
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0009|     shall be prepared or approved by a professional geologist.
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0010|          Section 5.  PENALTY.--It is unlawful for any person who is
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0011|     not a professional geologist to prepare a report for any state
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0012|     agency, political subdivision or recognized state or local
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0013|     board or commission as provided in Section 4 of the Geology
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0014|     Practice Act.  Persons guilty of violating the provisions of
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0015|     this section shall be punished by a fine of not less than five
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0016|     hundred dollars ($500) nor more than five thousand dollars
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0017|     ($5,000) for each violation.
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0018|          Section 6.  APPLICATION.--The provisions of the Geology
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0019|     Practice Act do not apply to persons whose practice of geology
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0020|     is confined to areas of geologic expertise regulated by the
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0021|     Engineering and Surveying Practice Act or to persons involved
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0022|     in an extractive industry such as petroleum, natural gases,
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0023|     coal, metallic or nonmetallic ores and sand and gravel.
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0024|                                  
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0025|     
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