An employee of a business entity who performs only the surveying services involved in the operation of the business entity's business shall be exempt from the provisions of the Engineering and 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 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.
History: 1978 Comp., § 61-23-27.10, enacted by Laws 1993, ch. 218, § 31; 1999, ch. 259, § 26; 2017, ch. 42, § 15.
Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.
The 2017 amendment, effective July 1, 2017, clarified that the performance of surveying on public works projects is not exempt from the Engineering and Surveying Practice Act; after "An employee of a", deleted "firm, association or corporation" and added "business entity", after "involved in the operation of the", deleted "employer's" and added "business entity's", after "the employee nor the", deleted "employer" and added "business entity", after "and provided", added "further", and added the last sentence.
The 1999 amendment, effective June 18, 1999, deleted the former subsection designations; deleted former Subsection A, which read "Officers and employees of the government of the United States engaged within New Mexico in the practice of surveying for the government, provided that they offer no surveying services to the public, and further provided that services do not affect the public, shall be exempt from the Engineering and Surveying Practice Act"; substituted "An employee of a firm" for "A surveyor employed by the firm" at the beginning of the section; and added the second proviso at the end of the section.
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 (Repealed effective July 1, 2024.)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 (Repealed effective July 1, 2024.)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 (Repealed effective July 1, 2024.)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 (Repealed effective July 1, 2024.)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 (Repealed effective July 1, 2024.)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.)