Summary:

 House Bill 323 (HB 323):  This proposed bill modifies Section 61-23-22 NMSA 1978 of the Engineering and Surveying Practice Act, specifically clarifying exemptions for engineers who are employed by private or affiliated business entities.  

Legislation Overview:

 House Bill 323 (HB 323):  Changes to this legislation include:
1.	Architect’s Incidental Practice:
•	Continues to allow licensed architects to engage in incidental engineering, provided they:
a)	Do not present themselves as professional engineers.
b)	Only perform work for which they are qualified.
c)	Use licensed professional engineers for portions of a project beyond the architect’s qualifications.
2.	Engineer’s Exemption:
•	An engineer employed by a business entity (or its affiliate) may perform engineering services solely for the operations of that business or its affiliate without requiring licensure under the Engineering and Surveying Practice Act, as long as:
a)	Neither the engineer nor the employer offers engineering services to the public.
b)	Services are restricted to the property (including easements and rights-of-way) owned, leased, or lawfully operated by the business or an affiliated entity.
3.	Limitations:
•	Public Works Projects remain subject to full licensure, meaning engineering on such projects does not fall under the exemption.
•	Off-premises work performed via easements or rights-of-way for the entity’s private purposes is allowed under the exemption, but engineering for any public service or public offering is not exempt.
•	These revisions more precisely define when business-employed engineers may legally operate without professional licensure, ensuring they do not offer public-facing engineering services that would otherwise require licensure under New Mexico law.
 

Current Law:

 61-23-2. Declaration of policy. (Effective until July 1, 2000.) 
The legislature declares that it is a matter of public safety, interest and concern that the 
practices of engineering and surveying merit and receive the confidence of the public 
and that only qualified persons be permitted to engage in the practices of engineering 
and surveying. In order to safeguard life, health and property and to promote the public 
welfare, any person in either public or private capacity practicing or offering to practice 
engineering or surveying shall be required to submit evidence that he is qualified to so 
practice and shall be registered as provided in the Engineering and Surveying Practice 
Act [this article]. It shall be unlawful for any person to practice or offer to practice in New 
Mexico or to use in connection with his name or otherwise assume, use or advertise any 
title or description tending to convey the impression that he is a professional, licensed or 
registered engineer or surveyor unless that person is registered or exempt under the 
provisions of the Engineering and Surveying Practice Act. The practice of engineering 
or surveying shall be deemed a privilege granted by the state board of registration for 
professional engineers and surveyors based on the qualifications of the individual as 
evidenced by the registrant's certificate that shall not be transferable.

 

Amendments:

 Amended on March 7, 2025, in HJC.

SJCa/HB 323:  The House Judiciary Committee has recommended this bill pass with the following amendment:  
1.  On page 4, line 3, strike "considering" and insert in lieu thereof "treating".

HFla/HB 323:  The following House Floor amendments were made to House Bill 323:

 1.  On page 1, line 12, before the period, insert "; CREATING
 AN EXEMPTION FROM THE ENGINEERING AND SURVEYING PRACTICE ACT FOR RURAL ELECTRIC DISTRIBUTION COOPERATIVES".
 2.  On page 2, lines 16 through 18, remove the brackets and the line through "of the property owned, leased or lawfully operated by the business entity or an affiliated business entity that employs the engineer".
 3.  On page 2, lines 18 through 21, strike "that the business entity or an affiliated business entity that employs the engineer owns, leases, has an easement or right of way on or lawfully operates".
 4.  On page 2, lines 22 and 23, remove the brackets and the line through "or within off-premises easements".
 5.  On page 2, line 25, strike the closing quotation mark and after line 25, insert:
 "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.""