Referred to Committee on Natural Resources, Agriculture, and Mining
SUMMARY--Makes various changes concerning geologists. (BDR 46-129)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to geology; defining "professional geologist" and "science of geology"; requiring that certain geological reports be approved by a professional geologist; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 514 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2 As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meaning ascribed to them in those sections.
Sec. 3 "Professional geologist" means a person who:
1. Possesses a baccalaureate or higher degree from an accredited college or university with at least 30 semester hours or 45 quarter hours of course work in the science of geology and has at least 5 years of experience in the science of geology, which may include no more than 2 years of postgraduate course work in the science of geology;
2. Has at least 12 years of experience in the science of geology, at least 3 years of which must have been completed under the supervision of a professional geologist; or
3. Is currently licensed or certified as a professional geologist:
(a) In another state; or
(b) By a national nonprofit geological organization with members in at least 10 states who are licensed or certified,
if the requirements for his current licensure or certification included requirements at least equal to those set forth in either subsection 1 or 2.
Sec. 4 "Science of geology" means the:
1. General study of the earth, including its origin, processes and history;
2. Collection and investigation of specimens of the constituent rocks, minerals, fossils, solids, fluids, gasses and other materials of the earth that are located from the center of the core of the earth to the surface of the earth; and
3. Application of the knowledge set forth in subsections 1 and 2 for the benefit of the general public and the general welfare of this state.
Sec. 5 1. A report which contains information relating to the science of geology or which is based on a geological study must be prepared or approved by a professional geologist if the report is submitted to a public agency. Such a report must be signed by a professional geologist who attests to the accuracy of the contents of the report.
2. A person who, in violation of subsection 1, submits a report to a public agency that was not prepared or approved by a professional geologist is guilty of a misdemeanor and shall be punished by a fine of not less than $500 nor more than $5,000.
3. This section does not apply to persons who submit reports or other material to a public agency pursuant to chapter 517, 519, 519A, 520 or 522 of NRS.
Sec. 6 NRS 625.050 is hereby amended to read as follows:
625.050 1. "The practice of professional engineering" includes, but is not limited to:
(a) Any professional service which involves the application of engineering principles and data, such as surveying, consultation, investigation, evaluation, planning and design, or responsible supervision of construction or operation in connection with any public or private utility, structure, building, machine, equipment, process, work or project, wherein the public welfare or the safeguarding of life, health or property is concerned or involved.
(b) Such other services as are necessary to the planning, progress and completion of any engineering project or to the performance of any engineering service.
2. The practice of engineering does not include [land surveying or the] :
(a) Land surveying;
(b) The work ordinarily performed by persons who operate or maintain machinery or equipment [.] ; or
(c) A report prepared or approved by a professional geologist pursuant to section 5 of this act.
3. As used in this section, "professional geologist" has the meaning ascribed to it in section 3 of this act.
Sec. 7 NRS 625.230 is hereby amended to read as follows:
625.230 1. Each professional engineer must, upon registration, obtain a seal of the design authorized by the board, bearing his name, registration number and the legend "Professional Engineer" followed by the discipline for which he is qualified.
2. Plans, specifications, plats and reports issued by a professional engineer must be stamped with the seal when filed with public authorities, during the life of his certificate. It is unlawful for anyone to stamp or seal any documents with the seal after the certificate of the professional engineer named thereon has expired or has been suspended or revoked, unless his certificate has been renewed or reissued.
3. A reproducible stamp which produces the same design and information required by subsection 1 may be used in lieu of the prescribed seal.
4. [It] Except as otherwise provided in this subsection, it is unlawful for a professional engineer to sign, stamp or seal any plans, specifications, plats or reports that were not prepared by him or for which he did not have responsible charge of the work. A professional engineer may include in a report prepared by him or for which he was responsible, a report signed by a professional geologist pursuant to section 5 of this act if the report prepared by the geologist is maintained separately from the report prepared by the professional engineer.
5. Each sheet of plans prepared in the course of the practice of a particular discipline of professional engineering that is submitted to a public agency must be stamped, dated and signed by a professional engineer qualified to practice in the discipline of professional engineering that was involved in the preparation of that sheet.
6. As used in this section, "professional geologist" has the meaning ascribed to it in section 3 of this act.
Sec. 8 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 9 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.