HB 411 — ENGINEER & SURVEYOR LICENSURE

(2) the monumenting of property boundaries and h for the platting and layout of lands and subdivisions;

u » r (3) the application of photogrammetric methods t h g e used to derive topographic and other data;

l i h r i s (4) the establishment of horizontal and h , e h vertical controls that will be the basis for all geospatial t u g e b l data used for future design surveys, including construction e e , gh n d d i = = o h staking surveys, surveys to lay out horizontal and vertical l ] b ,d i a º r alignments, topographic surveys, control surveys for aerial e r = t e w d photography for the collection of topographic and planimetric mdata ausing nphotogrammetric omethods dand mconstruction :surveys of engineering and architectural public works projects;

b(5) rthe epreparation tand ºperpetuation oof tHB n411/a =Page .223154.3AIC5 Marchmaps, 7,records, 2023plats, (10:53am)field snotes, keasements m e - 6 - e a n e d r e l u [ A d data using photogrammetric methods and constructionproperty surveysdescriptions; of engineering and architectural public works projects;

(5) the preparation and perpetuation of maps, records, plats, field notes, easements and property descriptions;

[Q.] R.

"surveying committee" means a committee of the board entrusted to implement all business of the h Engineering and Surveying Practice Act as it pertains to the u » r practice of surveying, including the promulgation and adoption t h g e of rules of professional responsibility for professional l i h r i s surveyors exclusive to the practice of surveying;

h , e h [R.] S.

"surveyor", "professional surveyor", t u g e b l "licensed surveyor" or "registered surveyor" means a person who eis elicensed ,as gha nprofessional dsurveyor dby ithe =board =and owho h is [qualifieda professional specialist qualified to practice surveying by reason of the person's leducation ] b ,d i a º r intensive preparation and knowledge in the useprinciples of mathematics,mathematics eand rthe =related t e w d physical and applied sciences andrequisite surveying,to includingsurveying theof mreal aproperty; n o d m :

bHB r411/a ePage t6 ºT. o t n = .223154.3AIC March 7, 2023 (10:53am) s k m e - 7 - e a n e d r e l u [ A d principles and methods of surveying acquired by education and experience and who is licensed by the board to practice surveying] licensed as a professional surveyor by the board and who is a professional specialist qualified to practice surveying by reason of the person's education in the principles of mathematics and the related physical and applied sciences requisite to surveying of real property;

[S.]"surveyor T.intern" means a person who is certified as a surveyor intern by the board and who has qualified for, taken and passed an examination in the fundamentals of surveying subjects;

"surveyorU. intern" means a person who is certified as a surveyor intern by the board and who has qualified for, taken and passed an examination in the fundamentals of surveying subjects [as provided in the Engineering and Surveying Practice Act];

[T.] U.

and [U.] V.

"supplemental surveying work" means surveying work performed in order to densify, augment and h enhance previously performed survey work or site information g o but excludes the surveying of real property for the t hr g e i k establishment of land boundaries, rights of way and easements h r i s and the dependent or independent surveys or resurveys of the h , t, public land system." e u g e b l SECTION 2.

Section 61-23-14 NMSA 1978 (being Laws 1993, e e h n d d i = = o h Chapter 218, Section 11, as amended) is amended to read:

l ] b ,d i a º e "61-23-14.

CERTIFICATION AS AN ENGINEER INTERN-- r i = r t e w d REQUIREMENTS.-- mA. a n o d m :

b e d s º o t n = .223154.3AIC March 7, 2023 (10:53am) s k m e - 8 - e a n e d r e l u [ A d A.

(1) is of good moral character and reputation as determined by board rulesrules; ;

(2) has obtained at least a senior status in a board-approved, four-year curriculum in engineering or in a board-approved, four-year curriculum in engineering HB 411/a Page 7 technology that is accredited by the [technical ] engineering technology accreditation commission of the accreditation board for engineering and technology;

h C.

An applicant may be certified as an engineer g o intern upon successfully completing the examination;

provided t hr g e i k that the applicant has:

h r i s (1) graduated from a board-approved [four- h , t, year] engineering curriculum of four years or more or graduated e u g e b l from an engineering master's program that is accredited by the e e h n d d i = = o h engineering accreditation commission or a program that fulfills l ] b ,d i a º e the required content of the engineering education standard as r i = r t e w d defined by the national council of examiners for engineering mand asurveying; n o d m :

bor e(2) dgraduated sfrom ºa oboard-approved, tfour- nyear =engineering .223154.3AICtechnology Marchprogram 7,accredited 2023by (10:53am)the sengineering ktechnology maccreditation ecommission -of 9the -accreditation eboard afor nengineering eand dtechnology rand eaugmented lby uat [least Atwo dyears andof surveying;board-approved, post- graduate engineering experience.

or (2) graduated from a board-approved, four-year engineering technology program accredited by the [technical ] engineering technology accreditation commission of the accreditation board for engineering and technology and augmented by at least two years of board-approved, post- graduate engineering experience.

The certification as engineer intern does not HB 411/a Page 8 permit the intern to practice as a professional engineer.

LICENSURE AS A PROFESSIONAL ENGINEER-- REQUIREMENTS.-- h A.

Licensure as a professional engineer may be g o either through examination or through endorsement or comity.

t hr g e i k In either case, an applicant shall file the appropriate h r i s application in which it shall be demonstrated that the h , t, applicant:

e u g e b l e e h (1) is of good moral character and reputation n d d i = = o h as determined by board rulesrules; ;

and l ] b ,d i a º e (2) has five references, three of whom shall r i = r t e w d be licensees practicing in the branch of engineering for which mthe aapplicant nis oapplying dand mwho :have personal knowledge of the applicant's engineering experience and reputation.

bThe euse dof snon-licensed ºengineer oreferences thaving npersonal =knowledge .223154.3AICof Marchthe 7,applicant's 2023engineering (10:53am)experience sand kreputation mmay ebe -accepted 10by -the eboard if a nsatisfactory ewritten dexplanation r e l u [ A d the applicant is applyinggiven. and who have personal knowledge of the applicant's engineering experience and reputation.

TheHB use411/a ofPage non-licensed9 engineerB. references having personal knowledge of the applicant's engineering experience and reputation may be accepted by the board [provided that ] if a satisfactory written explanation is given.

B.

(a) received a bachelor's degree in an engineering discipline recognized by the board from a program accredited by the engineering accreditation commission or a h program that fulfills the required content of the engineering u » r education standard as defined by the national council of t h g e examiners for engineering and surveying and has at least four l i h r i s years of engineering experienceexperience; [subsequent to receiving the h , e h degree];

t u g e b l (b) received a bachelor's degree in an e e , gh n d d i = = o h engineering discipline recognized by the board from a foreign l ] b ,d i a º r educational institution where the program that was completed efulfills rthe =required tcontent eof wthe dengineering fulfillseducation standard as defined by the requirednational contentcouncil of theexaminers for engineering educationand msurveying aand nhas oat dleast mfour :years of engineering experience;

b(c) rreceived ea tmaster's ºdegree oin tan nengineering =discipline .223154.3AICrecognized Marchby 7,the 2023board (10:53am)from sa kprogram maccredited eby -the 11engineering -accreditation ecommission aor nan einstitution dthat roffers eprograms laccredited uby [the AHB d411/a Page 10 engineering accreditation commission or that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying and has at least fourthree years of engineering experienceexperience; [in the United States subsequent to receiving the degree];

(c)(d) received a master's degree in an engineering discipline recognized by the board from a programforeign accreditededucational by the engineering accreditation commission or an institution thatwhere offers programs accredited by the engineeringprogram accreditationthat commissionwas orcompleted that fulfills through evaluation the required curricular content ofand theeducational engineeringstandards education standard as defined by the national council of examiners for engineering and surveying and has at least three years of engineering experienceexperience; [subsequent to receiving the degree];

(d)(e) received a master'sdoctorate degree in an engineering discipline recognized by the board from a foreignboard- educationalapproved institution where the program that was completed h fulfills through evaluation the required curricular content and u » r educational standards as defined by the national council of t h g e examiners for engineering andcurriculum surveying and has at least threetwo l i h r i s years of engineering experienceexperience; [in the United States h , e h subsequent to receiving the degree];

tor u(f) gat eleast bsix lyears (e)of receivedboard- aapproved doctorateengineering degreeexperience inafter angraduation efrom ea ,school ghoffering na dboard-approved, dfour-year i = = o h engineering disciplinetechnology recognizedcurriculum accredited by the boardengineering fromtechnology aaccreditation board-commission lof ]the baccreditation ,dboard ifor a º r approved engineering curriculum and hastechnology, atincluding leastthe two years offor eengineer rintern =certification; t e w d engineering experience [subsequent to receiving the degree ];

or m a n o d m :

b r e t º o t n = .223154.3AIC March 7, 2023 (10:53am) s k m e - 12 - e a n e d r e l u [ A d (f) at least six years of board-approved engineering experience after graduation from a school offering a board-approved, four-year engineering technology curriculum accredited by the engineering technology accreditation commission of the accreditation board for engineering and technology, including the two years for engineer intern certification;

HB 411/a Page 11 (a) received a bachelor's degree in an engineering discipline recognized by the board from a program accredited by the engineering accreditation commission or a program that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying and has twelve years of engineering experience subsequent to receiving the degree;

h (b) received a master's degree in an u » r engineering discipline recognized by the board from a program t h g e accredited by the engineering accreditation commission or an l i h r i s institution that offers programs accredited by the engineering h , e h accreditation commission or that fulfills the required content t u g e b l of the engineering education standard as defined by the e e , gh n d d i = = o h national council of examiners for engineering and surveying and l ] b ,d i a º r has at least six years of engineering experience subsequent to e r = t e w d receiving the degree;

or m(c) received a ndoctorate odegree din man :engineering discipline recognized by the board from a board- approved engineering curriculum and has at least four years of engineering experience subsequent to receiving the degree.

b r e t º o t n = .223154.3AIC March 7, 2023 (10:53am) s k m e - 13 - e a n e d r e l u [ A d (c) received a doctorate degree in an engineering discipline recognized by the board from a board- approved engineering curriculum and has at least four years of engineering experience subsequent to receiving the degree.

An applicant may be licensed by endorsement or HB 411/a Page 12 comity if the applicant:

(1) is currently licensed as an engineer in [the District of Columbia ] another state, the District of Columbia or a territory [or a possession] of the United States;

provided that the licensure does not conflict with the provisions of the Engineering and Surveying Practice Act and that the standards required by the licensure or the applicant's h qualifications equaled or exceeded the licensure standards in u » r New Mexico at the time the applicant was initially licensed;

t h g e (2) is currently licensed as an engineer in a l i h r i s foreign country and can demonstrate, to the board's h , e h satisfaction, evidence that the licensure was based on t u g e b l standards that equal or exceed those currently required for e e , gh n d d i = = o h licensure by the Engineering and Surveying Practice Act and can l ] b ,d i a º r satisfactorily demonstrate to the board competence in current e r = t e w d engineering standards and procedures;

or m(3) is not applying for licensure in the structural discipline but is currently licensed as an engineer in another state, the District of Columbia or a nterritory oof dthe mUnited :States;

b r e t º o t n = .223154.3AIC March 7, 2023 (10:53am) s k m e - 14 - e a n e d r e l u [ A d (3) is not applying for licensure in the structural discipline but is currently licensed as an engineer in [the District of Columbia ] another state, the District of Columbia or a territory [or a possession] of the United States;

(a) has been actively licensed for the [contiguous ] continuous ten years immediately preceding application to New Mexico;

(b) has not received any form of disciplinary action related to the practice of engineering or HB 411/a Page 13 professional conduct from any jurisdiction within the five years preceding application to New Mexico;

[and ] (c) has not had the applicant's professional license suspended or revoked at any time from any jurisdiction;

and (d) has passed the principles and h practice of engineering examination administered by the g o national council of examiners for engineering and surveying t hr g e i k relevant to the discipline in which the applicant is seeking h r i s licensure." h , t, SECTION 4.

Section 61-23-17 NMSA 1978 (being Laws 1987, e u g e b l e e h Chapter 336, Section 17, as amended) is amended to read:

n d d i = = o h "61-23-17.

APPLICATION AND EXAMINATION FEES.-- l ] b ,d i a º e A.

All applicants for licensure pursuant to the r i = r t e w d Engineering and Surveying Practice Act shall apply for mexamination, alicensure nor ocertification don mforms :prescribed and furnished by the board.

b e d s º o t n = .223154.3AIC March 7, 2023 (10:53am) s k m e - 15 - e a n e d r e l u [ A d examination, licensure or certification on forms prescribed and furnished by the board.

All application, reapplication, examination and reexamination fees shall be set by the board and shall not exceed the actual cost of carrying out the provisions of the HB 411/a Page 14 Engineering and Surveying Practice Act.

Any application may be denied for fraud, deceit, conviction of a felony or any crime [involving moral turpitude ] that may impede the ability of the applicant to perform professionally as determined by board rules." SECTION 5.

Section 61-23-20 NMSA 1978 (being Laws 1987, h Chapter 336, Section 20, as amended) is amended to read:

g o "61-23-20.

ENGINEERING--LICENSURE AND RENEWAL FEES-- t hr g e i k EXPIRATIONS.-- h r i s A.

Licensure shall be for a period of two years as h , t, prescribed in the rules of procedure.

Initial licenses shall e u g e b l e e h be issued in accordance with the board's rules.

n d d i = = o h B.

The board shall establish by rule a biennial fee l ] b ,d i a º e for professional engineers.

Except as provided in Section r i = r t e w d 61-1-34 NMSA 1978, licensure renewal is accomplished upon mpayment aof nthe orequired dfee mand :satisfactory completion of the requirements of professional development.

b e d s º o t n = .223154.3AIC March 7, 2023 (10:53am) s k m e - 16 - e a n e d r e l u [ A d payment of the required fee and satisfactory completion of the requirements of professional development.

Notice shall be [mailed ] sent at least one month in advance of the date of expiration of the license.

HB 411/a Page 15 E.

Every license shall automatically expire if not h renewed on or before December 31 of the applicable biennial g o period.

A delinquent licensee may renew a license by the t hr g e i k payment of twice the biennial renewal fee at any time before h r i s March 1, but the delinquent licensee shall not practice during h , t, this period.

Should the licensee apply to renew an expired e u g e b l license after the March 1 deadline has elapsed, the licensee e e h n d d i = = o h shall submit a formal application and fee as provided in l ] b ,d i a º e Section 61-23-17 NMSA 1978.

The board, in considering the r i = r t e w d reapplication, may consider the applicant's qualifications for mlicensure aif nthe orequirements dfor mlicensure :have changed since the applicant was first licensed.

bThe eboard dmay sadopt ºrules o t n = .223154.3AIC March 7, 2023 (10:53am) s k m e - 17 - e a n e d r e l u [ A d licensure if the requirements for licensureinactive haveand changedretired sincestatus." theSECTION applicant6. was first licensed.

The board may adopt rules for inactive and retired status." Hfl1º SECTION 6.

A New Mexico licensed architect who has complied with all of the laws of New Mexico relating to the HB 411/a Page 16 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 [an] 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 h portions of the work in which the contracting architect is not u » r qualified.

Furthermore, the architect shall assume all t h g e l i responsibility for compliance with all laws, codes, regulations h r i s and ordinances of the state or its political subdivisions h , e h pertaining to all documents bearing the architect's t u g e b l e e , gh professional seal.

n d d i = = o h B.

An engineer employed by a business entity who l ] b ,d i a º r e r = performs only the engineering services involved in the t e w d m a n o operation of the business entity's business shall be exempt d m :

b r e t º o t n = .223154.3AIC March 7, 2023 (10:53am) s k m e - 18 - e a n e d r e l u [ A d from the provisions of the Engineering and Surveying Practice Act;

provided that neither the employee nor the business entity offers engineering services to the public;

and provided further that the engineering services are limited to the legal boundaries of the property owned or leased by that business.

Performance of engineering on public works projects pursuant to Section 61-23-26 NMSA 1978 constitutes engineering services to the public and is not exempt."»Hfl1 Hfl1º SECTION 6.

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 h not make any representation as being [an] a professional u » r engineer or as performing engineering services;

and further t h g e l i provided that the architect shall perform only that part of the h r i s work for which the architect is professionally qualified and h , e h t u g shall use qualified professional engineers or others for those e b l e e , gh portions of the work in which the contracting architect is not n d d i = = o h qualified.

Furthermore, the architect shall assume all l ] b ,d i a º r e r = responsibility for compliance with all laws, codes, regulations t e w d m a n o and ordinances of the state or its political subdivisions d m :

b r e t º o t n = .223154.3AIC March 7, 2023 (10:53am) s k m e - 19 - e a n e d r e l u [ A d pertaining to all documents bearing the architect's professional seal.

provided that neither the employee nor the [business entity] employer offers engineering services to the public;

Performance of engineering on public works projects pursuant HB 411/a Page 17 to Section 61-23-26 NMSA 1978 or within off-premises easements constitutes engineering services to the public and is [not exempt] subject to the Engineering and h Surveying Practice Act."»Hfl1Act." u » r SECTION 7.

Section 61-23-27.3 NMSA 1978 (being Laws 1993, t h g e l i Chapter 218, Section 24, as amended) is amended to read:

h r i s "61-23-27.3.

CERTIFICATION OF SURVEYOR INTERN-- h , e h REQUIREMENTS.-- t u g e b l e e , gh A.

An applicant for certification as a surveyor n d d i = = o h intern shall file the appropriate application and demonstrate l ] b ,d i a º r that the applicant:

e r = t e w d m a n o (1) is of good moral character and reputation das mdetermined :by board rules;

b r e t º o t n = .223154.3AIC March 7, 2023 (10:53am) s k m e - 20 - e a n e d r e l u [ A d as determined by board rules;

HB 411/a Page 18 D.

Certification as a surveyor intern is intended to demonstrate that the intern has obtained certain skills in surveying fundamentals and is h pursuing a career in surveying.

g o E.

If otherwise qualified, a graduate of a board- t hr g e i k approved but related curriculum of at least four years, to be h r i s considered for certification as a surveyor intern, shall have a h , t, specific record of two years of combined office and field e u g e b l board-approved surveying experience obtained under the e e h n d d i = = o h direction of a licensed professional surveyor.

Class time will l ] b ,d i a º e not be counted in the two years of required experience, but r i = r t e w d work prior to or while attending school may be counted toward mthe atwo nyears oof drequired mexperience :at the discretion of the board." SECTION 8.

b e d s º o t n = .223154.3AIC March 7, 2023 (10:53am) s k m e - 21 - e a n e d r e l u [ A d the two years of required experience at the discretion of the board." SECTION 8.

(1) is of good moral character and HB 411/a Page 19 reputation as determined by board rulesrules; ;

(3) has at least four years of board-approvedboard- approved surveying experience if graduated from a four-year, board-board-approved approved surveying curriculum as defined by board rule;

h (4) has five references, three of which shall g o be from licensed professional surveyors having personal t hr g e i k knowledge of the applicant's surveying experience;

and h r i s (5) if graduated from a board-approved, four-four-year h , t, year related science curriculum as specifically defined by e u g e b l e e h board rules, has a minimum of four years of board-approved n d d i = = o h surveying experience subsequent to certification as a surveyor l ] b ,d i a º e intern.

r i = r t e w d B.

The applicant's experience pursuant to mParagraphs (3) and (5) of Subsection A of this section shall, at a nminimum, oinclude dthree myears :of increasingly responsible experience in boundary surveying and four years of increasingly responsible experience under the direct supervision of a licensed professional surveyor.

b e d s º o t n = .223154.3AIC March 7, 2023 (10:53am) s k m e - 22 - e a n e d r e l u [ A d Paragraphs (3) and (5) of Subsection A of this section shall, at a minimum, include three years of increasingly responsible experience in boundary surveying and four years of increasingly responsible experience under the direct supervision of a licensed professional surveyor.

HB 411/a Page 20 E.

(1) [the District of Columbia ] another state, the District of Columbia or a territory [or a possession] of h the United States;

g o (a) licensure does not conflict with the t hr g e i k provisions of the Engineering and Surveying Practice Act and h r i s that the standards required for licensure and the applicant's h , t, qualifications equaled or exceeded the licensure standards in e u g e b l New Mexico at the time the applicant was initially licensed;

e e h n d d i = = o h and l ] b ,d i a º e (b) the applicant has passed r i = r t e w d examinations the board deems necessary to determine the mapplicant's qualifications, including a nwritten oexamination dthat mincludes :questions on laws, procedures and practices pertaining to surveying in this state;

b(2) eanother dstate, sthe ºDistrict oof tColumbia nor = .223154.3AIC March 7, 2023 (10:53am) s k m e - 23 - e a nterritory eof dthe rUnited eStates; l u [ A d applicant's qualifications, including a written examination that includes questions on laws, procedures and practices pertaining to surveying in this state;

[or ] (2) another state, the District of Columbia or a territory of the United States;

(b) has not received any form of disciplinary action related to the practice of surveying or professional conduct from any jurisdiction within the five HB 411/a Page 21 years preceding application to New Mexico;

and h (d) has passed examinations the board g o deems necessary to determine the applicant's qualifications, t hr g e i k including a written examination that includes questions on h r i s laws, procedures and practices pertaining to surveying in New h , t, Mexico;

or e u g e b l [(2)] (3) a foreign country and can e e h n d d i = = o h demonstrate to the board's satisfaction:

l ] b ,d i a º e (a) evidence that the licensure was r i = r t e w d based on standards that equal or exceed those currently mrequired afor nlicensure oby dthe mEngineering :and Surveying Practice Act;

b e d s º o t n = .223154.3AIC March 7, 2023 (10:53am) s k m e - 24 - e a n e d r e l u [ A d required for licensure by the Engineering and Surveying Practice Act;

SURVEYING--APPLICATION AND EXAMINATION HB 411/a Page 22 FEES.-- A.

Except as provided in Section 61-1-34 h NMSA 1978, applications shall be accompanied by the appropriate u » r fee, any sworn statements the board may require to show the t h g e applicant's citizenship and education, a detailed summary of l i h r i s the applicant's technical work and appropriate references.

h , e h B.

All application, reapplication, examination and t u g e b l reexamination fees shall be set by the board and shall not e e , gh n d d i = = o h exceed the actual cost of carrying out the provisions of the l ] b ,d i a º r Engineering and Surveying Practice Act.

Fees shall not be e r = t e w d refundable.

mC. a n o d m :

bAny rapplication emay tbe ºdenied ofor tfraud, ndeceit, =conviction .223154.3AICof Marcha 7,felony 2023or (10:53am)for sany kcrime mthat emay -impede 25the -ability eof athe napplicant eto dperform rprofessionally eas ldetermined uby [board Arules." dSECTION C.10.

Any application may be denied for fraud, deceit, conviction of a felony or for any crime [involving moral turpitude] that may impede the ability of the applicant to perform professionally as determined by board rules." SECTION 10.

Licensure for surveyors shall be for a period HB 411/a Page 23 of two years as prescribed in the rules of procedure.

Except as provided in Section 61-1-34 NMSA 1978, renewal shall be granted upon payment of the h required fee and satisfactory completion of the requirements of g o professional development.

t hr g e i k C.

The executive director of the board shall send a h r i s renewal notice to each licensee's last known address.

Notice h , t, shall be [mailed ] sent at least one month in advance of the e u g e b l e e h date of expiration of the license.

n d d i = = o h D.

It shall be the responsibility of the licensee l ] b ,d i a º e to notify the board of any change of address and to keep the r i = r t e w d license current.

mE. a n o d m :

b e d s º o t n = .223154.3AIC March 7, 2023 (10:53am) s k m e - 26 - e a n e d r e l u [ A d E.

A delinquent licensee may renew a license by the HB 411/a Page 24 payment of twice the biennial renewal fee at any time before March 1, but the delinquent licensee shall not practice during this period.

The board, in considering the reapplication, need not question the applicant's qualifications h for licensure unless the qualifications have changed since the g o license expired." t hr g e i k Hfl1º SECTION 11.

Section 61-23-27.10 NMSA 1978 (being h r i s Laws 1993, Chapter 218, Section 31, as amended) is amended to h , t, read:

e u g e b l e e h "61-23-27.10.

SURVEYING EXEMPTIONS.--An employee of a n d d i = = o h business entity who performs only the surveying services l ] b ,d i a º e involved in the operation of the business entity's business r i = r t e w d m a n o shall be exempt from the provisions of the Engineering and d m :

b e d s º o t n = .223154.3AIC March 7, 2023 (10:53am) s k m e - 27 - e a n e d r e l u [ A d Surveying Practice Act;

provided that neither the employee nor the business entity offers surveying services to the public;

and provided further that the surveying services are limited to only the legal boundaries of the property owned or leased by that business;

and provided further that the surveying services performed do not include any determination, description, portraying, measuring or monumentation of the boundaries of a tract of land.

Performance of surveying on public works projects pursuant to Section 61-23-27.13 NMSA 1978 constitutes surveying services to the public and is not exempt."»Hfl1 Hfl1º SECTION 11.

SURVEYING EXEMPTIONS.--[AnEXEMPTIONS.--A employee of] A surveyor employed by a business entity who performs only the surveying services involved in the operation of the business h entity's or an affiliated business entity's business shall be u » r exempt from the provisions of the Engineering and Surveying t h g e l i Practice Act;

provided that neither the employee nor the h r i s [business entity] employer offers surveying services to the h , e h t u g public;

and provided further that any such surveying services e b l e e , gh are limited to the legal boundaries of the property owned, n d d i = = o h leased or lawfully operated by the business entity or an l ] b ,d i a º r e r = affiliated business entity that employs the surveyor;

and t e w d m a n o provided further that the surveying services performed do not dinclude many :determination, description, portraying, measuring or monumentation of the HB 411/a Page 25 boundaries of a tract of land.

bPerformance rof esurveying ton ºpublic oworks tprojects npursuant =to .223154.3AICSection March61-23-27.13 7,NMSA 20231978 (10:53am)or swithin koff-premises measements econstitutes -work 28within - e a npublic espace dand ris esubject lto u [ A d include any determination, description, portraying, measuring or monumentation of the boundariesEngineering ofand aSurveying tractPractice ofAct." land.SECTION 12.

Performance of surveying on public works projects pursuant to Section 61-23-27.13 NMSA 1978 or within off-premises easements constitutes [surveying services to the] work within a public space and is [not exempt] subject to the Engineering and Surveying Practice Act."»Hfl1 SECTION 12.

TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--REPEAL.--The The state board of licensure for professional engineers and professional surveyors is terminated on July 1, [2023 ] 2029 pursuant to the Sunset Act.

The board shall continue to operate according to the provisions of the Engineering and h Surveying Practice Act until July 1, [2024 ] 2030.

Effective g o t hr July 1, [2024 ] 2030, the Engineering and Surveying Practice Act g e i k is repealed." h r i s SECTION 13.

Section 61-23-35 NMSA 1978 (being Laws 2019, h , t, Chapter 220, Section 1) is amended to read:

e u g e b l e e h "61-23-35.

ENGINEERING AND SURVEYING [SCHOLARSHIP ] n d d i = = o h UNIVERSITY SUPPORT PROGRAM.-- l ] b ,d i a º e A.

The board may establish an "engineering and rsurveying iuniversity =support rprogram" tthat eprovides wstrategies dto menhance arecruitment nand oretention surveyingof [scholarshipNew ]Mexico universityprofessional supportengineers program"and thatprofessional dsurveyors, mincrease :HB 411/a Page 26 career and educational opportunities and improve interaction with the engineering and surveying professions and institutions of higher education.

b e d s º o t n = .223154.3AIC March 7, 2023 (10:53am) s k m e - 29 - e a n e d r e l u [ A d provides strategies to enhance recruitment and retention of New Mexico professional engineers and professional surveyors, increase career and educational opportunities and improve interaction with the engineering and surveying professions and institutions of higher education.

[in an] The program may also provide funding for equipment and related materials at qualified New Mexico educational institutions to support the education of engineering and surveying students.

The amount of funding provided pursuant to the program shall not [to] exceed annually [one hundred thousand dollars ($100,000) ] two hundred fifty thousand dollars ($250,000) in the aggregate.

The board may request and [utilize ] use h appropriations to establish, implement and maintain the g o [scholarship ] engineering and surveying university support t hr g e i k program.

Any appropriation shall be deposited in the h r i s engineering and surveying [scholarship ] university support h , t, fund." e u g e b l SECTION 14.

Section 61-23-36 NMSA 1978 (being Laws 2019, e e h n d d i = = o h Chapter 220, Section 2) is amended to read:

l ] b ,d i a º e "61-23-36.

ENGINEERING AND SURVEYING [SCHOLARSHIP]UNIVERSITY rSUPPORT iFUND =CREATED.--The r"engineering tand esurveying wuniversity dsupport UNIVERSITYfund" SUPPORTis FUNDcreated CREATED.--Thein "engineeringthe andstate mtreasury ato nsupport othe dengineering mand :surveying university support program.

bThe efund dconsists sof ºappropriations, ogifts, tgrants, ndonations =and .223154.3AICHB March411/a 7,Page 202327 (10:53am)income sfrom kinvestment mof e - 30 - e a n e d r e l u [ A d surveying [scholarship] university support fund" is created in the statefund. treasury to support the engineering and surveying [scholarship ] university support program.

The fund consists of appropriations, gifts, grants, donations and income from investment of the fund.

The fund shall be administered by the board, and money in the fund is appropriated to the board to carry out the purposes of the engineering and surveying [scholarship ] university support program.

Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers approved by the chair and signed by the executive director of the board." -HB 31411/a -Page h28 u25 » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .223154.3AIC March 7, 2023 (10:53am) s k m e e a n e d r e l u [ A d