Louisiana 2012 Regular Session

Louisiana Senate Bill SB128 Latest Draft

Bill / Chaptered Version

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words in boldface type and underscored are additions.
Regular Session, 2012	ENROLLED
SENATE BILL NO. 128
BY SENATOR CLAITOR 
AN ACT1
To amend and reenact R.S. 37:711.2(5), 711.15(A)(4)(b), and 711.23(C)(2), to enact R.S.2
37:711.3(K) and 711.4(E), and to repeal R.S. 37:711.4(D), relative to the Louisiana3
Professional Geoscience Practice Act; to provide for the definition of geoscience; to4
exempt petroleum geoscientists; to provide for license eligibility; to provide for5
exemptions from examination requirements; to provide for board membership; to6
repeal certain prohibitions and limitations upon the receipt and use of state funds;7
and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 37:711.2(5), 711.15(A)(4)(b), and 711.23(C)(2) are hereby amended10
and reenacted and R.S. 37:711.3(K) and 711.4(E) are hereby enacted to read as follows:11
§711.2.  Definitions12
The following words and phrases when used in this Chapter shall13
have the following meanings, unless the context clearly requires otherwise:14
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(5)  "Geoscience" means the science of the earth and its origin and16
history, the investigation of the earth's environment and its constituent soils,17
rocks, minerals, fossil fuels, solids, and fluids, and the study of the natural18
and introduced agents, forces, and processes that cause changes in and on the19
earth.20
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§711.3.  Application of Chapter22
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K.(1)  This Chapter shall not apply to any person employed or24
acting as a petroleum geologist.25
(2) No person employed or acting as a petroleum geologist shall26
be required to be licensed or certified by the board or to pay any fee to27
ACT No.  308 SB NO. 128	ENROLLED
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the board in order to practice or testify regarding any environmental1
geology or geoscientist case on any wells or facilities owned by the person2
or the company for which the petroleum geologist is employed.3
(3) No person employed or acting as a petroleum geologist shall4
be required to be licensed or certified by the board in order to testify or5
prepare and present an exhibit or document for the sole purpose of6
being placed in evidence before any entity of state government or its7
political subdivisions.8
(4) If any change in state law requires the board to license9
petroleum geologists, the board shall provide written notice to the New10
Orleans Geological Society, the Baton Rouge Geological Society, the11
Shreveport Geological Society, and the Lafayette Geological Society at12
least ninety days prior to taking any action.13
§711.4.  Board; appointments; terms14
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E. On or after January 1, 2013, no employee of the Department16
of Natural Resources, including but not limited to the office of17
conservation, or the Department of Environmental Quality shall be18
appointed to the board.19
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§711.15. License eligibility21
A. To be eligible for a license under this Chapter, an applicant shall meet the22
following minimum qualifications:23
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(4)(a) *          *          *25
(b) An applicant who applies for licensure under this Chapter prior to January26
1, 2012 2014, shall be exempt from taking the examination described in27
Subparagraph (a) of this Paragraph if the applicant satisfies all the other28
requirements of this Subsection.29
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§711.23. Disciplinary proceedings against licensees and certificate holders;1
procedure2
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C. Charges may be preferred against any licensee or certificate4
holder in the following manner:5
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(2) The board, on receipt of a complaint from any person and by7
majority vote of the board's entire membership authorized to participate in8
a proceeding, may prefer charges against any licensee or certificate holder9
who commits or engages in any of the acts or offenses listed in Subsection10
A of this Section.  Such complaint shall be in writing, shall be sworn to by11
the person or persons making the complaint, and shall be filed with the12
board.  The board shall not act upon anonymous complaints.13
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Section 2.  R.S. 37:711.4(D) is hereby repealed.15
Section 3. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: