It is unlawful for the state or any of its political subdivisions or any person to engage in the construction of any public work involving engineering unless the engineering is under the responsible charge of a licensed professional engineer.
History: Laws 1987, ch. 336, § 26; 1993, ch. 218, § 20; 1999, ch. 259, § 17; 2017, ch. 42, § 12.
Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.
Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-26 NMSA 1978, as amended by Laws 1979, ch. 363, § 21, relating to violations and penalties, effective June 19, 1987, and enacted a new section.
The 2017 amendment, effective July 1, 2017, removed the provision requiring professional surveying to be executed under the charge of a licensed professional surveyor, and removed provisions exempting certain public works projects; in the catchline, added "Engineering"; deleted the subsection designation "A.", after "political subdivisions", added "or any person", after "involving engineering unless the", deleted "plans and specifications involving", after "engineering", deleted "have been prepared by and are" and added "is", and after "under the responsible charge of a licensed professional engineer", deleted the remainder of the paragraph, which provided an exemption for certain public works projects; and deleted Subsection B, which provided an exemption for certain construction surveys of engineering and architectural public works projects from the Engineering and Surveying Practice Act.
The 1999 amendment, effective June 18, 1999, deleted "Engineering" at the beginning of the section heading, and substituted "licensed" for "registered" twice in Subsection A.
The 1993 amendment, effective July 1, 1993, deleted former Subsection A, pertaining to adoption of rules governing the practice of engineering and surveying in public works project; redesignated former Subsections B and C as present Subsections A and B; deleted "professional" preceding "engineering" in two places in Subsection A; and made a minor stylistic change in Subsection A.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 23 - Engineering and Surveying
Section 61-23-1 - Short title. (Repealed effective July 1, 2024.)
Section 61-23-2 - Declaration of policy. (Repealed effective July 1, 2024.)
Section 61-23-3 - Definitions. (Repealed effective July 1, 2024.)
Section 61-23-4 - Criminal offender's character evaluation. (Repealed effective July 1, 2024.)
Section 61-23-6 - Board members; qualifications. (Repealed effective July 1, 2024.)
Section 61-23-7 - Reimbursement of board members. (Repealed effective July 1, 2024.)
Section 61-23-8 - Removal of members of board. (Repealed effective July 1, 2024.)
Section 61-23-9 - Board; organization; meetings. (Repealed effective July 1, 2024.)
Section 61-23-10 - Duties and powers of the board. (Repealed effective July 1, 2024.)
Section 61-23-11 - Receipts and disbursement; fund created. (Repealed effective July 1, 2024.)
Section 61-23-12 - Records and reports. (Repealed effective July 1, 2024.)
Section 61-23-13.1 - Repealed.
Section 61-23-17 - Application and examination fees. (Repealed effective July 1, 2024.)
Section 61-23-17.1 - Repealed.
Section 61-23-18 - Engineering; examinations. (Repealed effective July 1, 2024.)
Section 61-23-21 - Practice of engineering. (Repealed effective July 1, 2024.)
Section 61-23-22 - Engineering; exemptions. (Repealed effective July 1, 2024.)
Section 61-23-24.1 - Engineering; professional development. (Repealed effective July 1, 2024.)
Section 61-23-26 - Engineering; public work. (Repealed effective July 1, 2024.)
Section 61-23-27.2 - Repealed.
Section 61-23-27.5 - Surveying; application and examination fees. (Repealed effective July 1, 2024.)
Section 61-23-27.6 - Surveying; examinations. (Repealed effective July 1, 2024.)
Section 61-23-27.8 - Surveying licenses and seals. (Repealed effective July 1, 2024.)
Section 61-23-27.10 - Surveying exemptions. (Repealed effective July 1, 2024.)
Section 61-23-27.12 - Surveying; professional development. (Repealed effective July 1, 2024.)
Section 61-23-27.13 - Surveying; public work. (Repealed effective July 1, 2024.)
Section 61-23-28.1 - Repealed.
Section 61-23-28.2 - Surveying; record of survey. (Repealed effective July 1, 2024.)
Section 61-23-29.1 - Repealed.
Section 61-23-31 - Licensure under prior laws. (Repealed effective July 1, 2024.)
Section 61-23-31.1 - Good samaritan. (Repealed effective July 1, 2024.)
Section 61-23-32 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2024.)
Section 61-23-35 - Engineering and surveying scholarship program. (Repealed effective July 1, 2024.)