HB1160: relative to the membership of the board of professional geologists.

CHAPTER 15

HB 1160 – FINAL VERSION

05Feb2004… 0177h

2004 SESSION

03-2064

08/10

HOUSE BILL 1160

AN ACT relative to the membership of the board of professional geologists.

SPONSORS: Rep. Bruno, Hills 45

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill expands the membership of the board of professional geologists to include the state geologist.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05Feb2004… 0177h

03-2064

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the membership of the board of professional geologists.

Be it Enacted by the Senate and House of Representatives in General Court convened:

15:1 State Geologist. Amend RSA 21-O:12, II to read as follows:

II. Geology shall be under the direction of the state geologist, who shall be the director of the New Hampshire geological survey. The geological survey shall collect data and perform research on the land, mineral, and water resources of the state, and disseminate the findings of such research to the public through maps, reports, and other publications. The state geologist shall: consult with the commissioner of the department of resources and economic development relative to the issuance of mining permits under RSA 12-E; assist the directors of the divisions of water and waste management as necessary; and perform such other duties as may be assigned by the commissioner. The state geologist and all members of the New Hampshire geological survey shall be staff members of the commissioner’s office. The state geologist shall advise the department, and all other branches of state and local government, concerning the geologic character of the state and its implications for both economic and scientific needs in conjunction with all existing and future environmental factors relating to the geology of the state. The state geologist shall maintain liaison with federal and other state geologic agencies and with the state university. The state geologist shall also serve as a voting member of the board of professional geologists.

15:2 Board of Professional Geologists; Membership. Amend RSA 310-A:120, I-III to read as follows:

I. A board of professional geologists is established to administer the provisions of this subdivision. The board shall consist of [5] 6 persons. Five persons shall be appointed by the governor and council, 4 of whom shall be professional geologists and one of whom shall be a public member. The sixth member shall be the state geologist. The public member of the board shall be a person who is not, and never was, a geologist or the spouse of any such person, and who does not have and never has had, a material financial interest in either the provision of geologic services or an activity directly related to geology, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.

II. Each member of the board shall be a citizen of the United States and a resident of this state. Each member except the public member and the state geologist shall have been a professional geologist for at least 10 years prior to appointment and shall have held a responsible position in charge of such work, which may include the teaching of geology, for at least 5 years prior to appointment. Experience in providing geological services for a fee, or being in responsible charge of geological work, obtained before the expiration of the period described in RSA 310-A:125, II, may count towards the requirements of this section if the member would have been eligible for licensure under RSA 310-A:125, II at the time of the relevant experience.

III. Members, except the state geologist, shall be appointed for 5-year terms, except that no more than one appointed member’s term may expire in any one calendar year. Original appointments for terms of less than 5 years may be made in order to comply with this limitation. No appointed member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of [a] an appointed member’s term, the member shall serve until a successor is qualified and appointed. The successor’s term shall be 5 years from the date of expiration of the predecessor’s appointment, regardless of the date of the successor’s appointment. Vacancies of appointed positions occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. A board member may be removed for cause by the governor and council under RSA 4:1.

15:3 Effective Date. This act shall take effect 60 days after its passage.

(Approved: April 5, 2004)

(Effective Date: June 4, 2004)