New Mexico 2025 Regular Session

New Mexico House Bill HB323 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~HB 323/a~~
2		-	~~Page 1~~
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	28	+	HOUSE BILL 323
	29	+	57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
	30	+	INTRODUCED BY
	31	+	Joseph L. Sanchez and Randall T. Pettigrew
28	32		AN ACT
29	33		RELATING TO PROFESSIONAL LICENSURE; REVISING EXEMPTIONS FOR
30		-	ENGINEERS; CREATING AN EXEMPTION FROM THE ENGINEERING AND
31		-	SURVEYING PRACTICE ACT FOR RURAL ELECTRIC DISTRIBUTION
32		-	COOPERATIVES.
	34	+	ENGINEERS.
33	35		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
34	36		SECTION 1. Section 61-23-22 NMSA 1978 (being Laws 1993,
35	37		Chapter 218, Section 17, as amended) is amended to read:
36	38		"61-23-22. ENGINEERING--EXEMPTIONS.--
37		-	A. A New Mexico licensed architect who has
38		-	complied with all of the laws of New Mexico relating to the
39		-	practice of architecture has the right to engage in the
40		-	incidental practice, as defined by regulation, of activities
41		-	properly classified as engineering; provided that the
42		-	architect shall not make any representation as being a
43		-	professional engineer or as performing engineering services;
44		-	and further provided that the architect shall perform only
45		-	that part of the work for which the architect is
46		-	professionally qualified and shall use qualified professional
47		-	engineers or others for those portions of the work in which
48		-	the contracting architect is not qualified. Furthermore, the
49		-	architect shall assume all responsibility for compliance with
50		-	all laws, codes, regulations and ordinances of the state or
51		-	its political subdivisions pertaining to all documents HB 323/a
52		-	Page 2
	39	+	A. A New Mexico licensed architect who has complied
	40	+	with all of the laws of New Mexico relating to the practice of
	41	+	architecture has the right to engage in the incidental
	42	+	practice, as defined by regulation, of activities properly
	43	+	classified as engineering; provided that the architect shall
	44	+	not make any representation as being a professional engineer or
	45	+	as performing engineering services; and further provided that
	46	+	the architect shall perform only that part of the work for
	47	+	.229148.2 underscored material = new
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78		-	bearing the architect's professional seal.
	74	+	which the architect is professionally qualified and shall use
	75	+	qualified professional engineers or others for those portions
	76	+	of the work in which the contracting architect is not
	77	+	qualified. Furthermore, the architect shall assume all
	78	+	responsibility for compliance with all laws, codes, regulations
	79	+	and ordinances of the state or its political subdivisions
	80	+	pertaining to all documents bearing the architect's
	81	+	professional seal.
79	82		B. An engineer employed by a business entity who
80	83		performs only the engineering services involved in the
81	84		operation of the business entity's or an affiliated business
82	85		entity's business shall be exempt from the provisions of the
83	86		Engineering and Surveying Practice Act; provided that neither
84	87		the employee nor the employer offers engineering services to
85	88		the public; and provided further that any such engineering
86		-	services are limited to the legal boundaries of the property
87		-	owned, leased or lawfully operated by the business entity or
88		-	an affiliated business entity that employs the engineer.
89		-	Performance of engineering on public works projects pursuant
90		-	to Section 61-23-26 NMSA 1978 or within off-premises
91		-	easements constitutes engineering services to the public and
92		-	is subject to the Engineering and Surveying Practice Act.
93		-	C. A rural electric distribution cooperative shall
94		-	be exempt from the provisions of the Engineering and Surveying
95		-	Practice Act; provided that the cooperative's services are not
96		-	offered to the public and are performed only within the legal
97		-	boundaries of the property that the cooperative owns, leases,
98		-	has an easement or right of way on or lawfully operates."
	89	+	services are limited to the legal boundaries [of the property
	90	+	owned, leased or lawfully operated by the business entity or an
	91	+	affiliated business entity that employs the engineer ] that the
	92	+	business entity or an affiliated business entity that employs
	93	+	the engineer owns, leases, has an easement or a right of way on
	94	+	or lawfully operates. Performance of engineering on public
	95	+	works projects pursuant to Section 61-23-26 NMSA 1978 [or
	96	+	within off-premises easements ] constitutes engineering services
	97	+	to the public and is subject to the Engineering and Surveying
	98	+	Practice Act."
	99	+	.229148.2
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