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HOUSE BILL 323
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Joseph L. Sanchez and Randall T. Pettigrew
AN ACT
RELATING TO PROFESSIONAL LICENSURE; REVISING EXEMPTIONS FOR
ENGINEERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-23-22 NMSA 1978 (being Laws 1993,
Chapter 218, Section 17, as amended) is amended to read:
"61-23-22. ENGINEERING--EXEMPTIONS.--
A. A New Mexico licensed architect who has complied
with all of the laws of New Mexico relating to the practice of
architecture has the right to engage in the incidental
practice, as defined by regulation, of activities properly
classified as engineering; provided that the architect shall
not make any representation as being a professional engineer or
as performing engineering services; and further provided that
the architect shall perform only that part of the work for
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which the architect is professionally qualified and shall use
qualified professional engineers or others for those portions
of the work in which the contracting architect is not
qualified. Furthermore, the architect shall assume all
responsibility for compliance with all laws, codes, regulations
and ordinances of the state or its political subdivisions
pertaining to all documents bearing the architect's
professional seal.
B. An engineer employed by a business entity who
performs only the engineering services involved in the
operation of the business entity's or an affiliated business
entity's business shall be exempt from the provisions of the
Engineering and Surveying Practice Act; provided that neither
the employee nor the employer offers engineering services to
the public; and provided further that any such engineering
services are limited to the legal boundaries [of the property
owned, leased or lawfully operated by the business entity or an
affiliated business entity that employs the engineer ] that the
business entity or an affiliated business entity that employs
the engineer owns, leases, has an easement or a right of way on
or lawfully operates. Performance of engineering on public
works projects pursuant to Section 61-23-26 NMSA 1978 [or
within off-premises easements ] constitutes engineering services
to the public and is subject to the Engineering and Surveying
Practice Act."
.229148.2
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