HB 323/a
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AN ACT
RELATING TO PROFESSIONAL LICENSURE; REVISING EXEMPTIONS FOR
ENGINEERS; CREATING AN EXEMPTION FROM THE ENGINEERING AND
SURVEYING PRACTICE ACT FOR RURAL ELECTRIC DISTRIBUTION
COOPERATIVES.
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 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 HB 323/a
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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.
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.
C. A rural electric distribution cooperative shall
be exempt from the provisions of the Engineering and Surveying
Practice Act; provided that the cooperative's services are not
offered to the public and are performed only within the legal
boundaries of the property that the cooperative owns, leases,
has an easement or right of way on or lawfully operates."