Nebraska 2025 2025-2026 Regular Session

Nebraska Legislature Bill LB38 Comm Sub / Analysis

Filed 01/27/2025

                    ONE HUNDRED NINTH LEGISLATURE - FIRST SESSION - 2025
COMMITTEE STATEMENT
LB38
 
 
Hearing Date: Thursday January 23, 2025
Committee On: Natural Resources
Introducer: Jacobson
One Liner: Change provisions of the Geologists Regulation Act
 
 
Roll Call Vote - Final Committee Action:
          Advanced to General File with amendment(s)
 
 
Vote Results:
          Aye:	8 Senators Brandt, Clouse, Conrad, DeKay, Hughes, Juarez, Moser,
Raybould
          Nay: 
          Absent: 
          Present Not Voting: 
 
 
Testimony:
Proponents: 	Representing: 
Senator Mike Jacobson 	Opening Presenter
Jeffrey Seymour	Nebraska Board of Geologists
 
Opponents: 	Representing: 
 
Neutral: 	Representing: 
 
* ADA Accommodation Written Testimony
 
 
Summary of purpose and/or changes:
LB  38 amends sections 81-3501 to 81-3541, known as the Geologists Regulation Act, in order to clarify language
and make three specific changes. The Geologists Regulation Act was enacted in 1998 to safeguard life, health, and
property and to promote the public welfare. Geology professionals require specialized knowledge and use of earth
sciences and geology data collection and analysis.  Section 81-3509 defines a geologist as a person who is qualified
to practice geology by reason of special knowledge and use of the earth sciences and the principles of geology and
geologic data collection and analysis acquired by geologic education and geologic experience.
1. LB 38 would reduce the geologic experience required for licensure from five to four years 
    to align with the national model language.
2. LB 38 would add a licensure pathway for individuals working in an exempt field who wish to be licensed. The
requirements will be:
         (a) Documented fifteen years of experience in the exempt field; and
         (b) Completion of a minimum of thirty semester hours or forty-five quarter hours of 
Committee Statement: LB38
Natural Resources Committee
Page 1         coursework in geology that includes coursework in the content domains as prescribed 
         by the board. (A degree in geology or geologic specialty is not required.)
3. LB 38 would revise the qualifications of the education members to allow a geologist 
        who is not licensed to hold the position. They will still be required to be a faculty 
        member of an institution offering a geology or geologic specialty degree program in 
        Nebraska. 
4.     The remaining changes include:
        (a) Removing antiquated language and provisions related to licensee rosters
        (b) Updating and defining terms for consistency.
        (c) Revising language regarding notifications to allow for alternative delivery methods 
       other than mail.
        (d) Revising language to allow for alternative delivery methods for applications and 
       renewals.
        (e) Re-outlining the board member and licensure requirements sections for easier reading and clarity.  
 
 
Explanation of amendments:
AM 17 amends section 17 of the bill as it pertains to the terms of members of the  Board of Geologists by striking
lines 16 through 18 on page 6 and replacing it with "(2)(a) each member shall serve for terms of five years terminating
on the last day of February."
_________________________________________________________________________
Section by section
Sec. 1     Adds appliability of new sections of the bill to the Geologist Regulation Act.
Sec. 2-16      New and amended definitions found in the Act.  
Sec. 17-20    Amends section 81-3520 through81-3525 concerning composition of the Board 
                    of Geologists, duties, compensation and  and terms of members of the board.
Sec. 21     Changes to the Code of Practice.
Sec. 22-23   Amends sections 81-3527 and 81-3528 pertaining to ppplication and fees for 
                   licensing or certification and practice of geology in the state. 
Sec. 24- 25  Board duties and authorized practice by geologists; professional seal
Sec. 26        Expiration and renewal of license or certificate.
Sec. 27-30   Prohibitions of practice without proper certification or licensing; penalties.
Sec. 31-38   Considerations by the Board for eligibility of applicants .  
Sec. 39        Board directed to prepare examination; contents.
Sec. 40        Effective date of license or certificate issued.
Sec. 41        Board determines time, place, procedures of examination.
Sec. 42        Activitiers not requiring licensure.
Sec. 43        Repealer of replaced statutes.
Sec. 44        Outright repealer of sections 81-3505 and 81-3513.
 
Tom Brandt, Chairperson
Committee Statement: LB38
Natural Resources Committee
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