2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-4 - Persons exempted; limitations on unlicensed activities. (Repealed effective July 1, 2030.)

A. As used in this section, "temporary" means a period of time not to exceed the duration of one private event or one school or nonprofit organization event, as described in Paragraphs (2) and (3) of Subsection B of this section.
B. The Private Investigations Act does not apply to:
(1) an individual employed exclusively and regularly by one employer in connection with the affairs of that employer, provided that the individual patrols or provides security only on the premises of the employer as limited by the employer;
(2) an individual employed exclusively to provide temporary security at a private event that is not open to the public;
(3) individuals providing temporary security at athletic or other youth events and where the events occur under the auspices of a public or private school or a nonprofit organization;
(4) an attorney licensed in New Mexico, or the attorney's employee working under the direct supervision of the attorney, conducting private investigations while engaged in the practice of law;
(5) an officer or employee of the United States or this state or a political subdivision of the United States or this state while that officer or employee is engaged in the performance of the officer's or employee's official duties;
(6) a person engaged exclusively in the business of obtaining and furnishing information concerning the financial rating of persons;
(7) a charitable philanthropic society or association duly incorporated under the laws of this state that is organized and maintained for the public good and not for private profit;
(8) a licensed collection agency or an employee of the agency while acting within the scope of employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or the debtor's property;
(9) admitted insurers, adjusters, agents and insurance brokers licensed by the state performing duties in connection with insurance transactions by them; or
(10) an institution subject to the jurisdiction of the director of the financial institutions division of the department or the comptroller of currency of the United States.
C. A private investigator licensed in New Mexico shall not offer or provide traffic crash reconstruction in New Mexico unless the private investigator has successfully completed a traffic crash reconstruction course approved by rule of the department. A person, other than a certified and commissioned law enforcement officer or a New Mexico professional engineer, who wishes to offer or provide traffic crash reconstruction in New Mexico must be licensed as a private investigator and meet the requirements of this subsection.
D. Skip tracing in New Mexico shall be offered or provided only by:
(1) an employee of a New Mexico state or local law enforcement agency;
(2) a private investigator; or
(3) an attorney licensed to practice in New Mexico or the attorney's employee working under the direct supervision of the attorney.
History:
Laws 1993, ch. 212, § 4; § 61-27A-4 recompiled as § 61-27B-4; Laws 2007, ch. 115, § 4; 2023, ch. 190, § 39.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
Recompilations.
— For recompilation of this section,
see
compiler's note following 61-27B-1 NMSA 1978.
The 2023 amendment,
effective July 1, 2023, provided that the Private Investigations Act does not apply to an attorney's employee working under the direct supervision of the attorney when conducting private investigations, provided that a private investigator must complete a traffic crash reconstruction course approved by the department before offering or providing traffic crash reconstruction in New Mexico, and provided that skip tracing shall be offered or provided only by an employee of a state or local law enforcement agency, a private investigator or an attorney licensed to practice law in New Mexico or the attorney's employee working under the direct supervision of the attorney; in the section heading, added "limitations on unlicensed activities"; in Subsection B, in the introductory clause, added "The Private" preceding "Investigations Act", and in Paragraph B(4), added "or the attorney's employee working under the direct supervision of the attorney"; and added Subsections C and D.
The 2007 amendment,
effective July 1, 2007, exempts individuals who patrol or provide security only on the premises of their employer, who provide temporary security at a private event that is not open to the public, who provide temporary security at athletic or youth events where the events occur under the auspices of a public or private school or nonprofit organization and exempt attorneys licensed in New Mexico who conduct private investigations while engaged in the practice of law.
Engineer investigating speed of cars in accident is exempt.
— Testimony by expert witness, a registered professional engineer, whether "as an engineer" or as a traffic expert concerning the accident and arriving at his opinion as to the speed of the defendant's car was not controlled by the Private Investigators Act (former Sections 61-27-1 to 61-27-49 NMSA 1978) and therefore his testimony was not barred by the fact that he was not a licensed private investigator.
Dahl v. Turner
, 1969-NMCA-075, 80 N.M. 564, 458 P.2d 816, cert. denied, 80 N.M. 608, 458 P.2d 860 (decided under former law) (now Rule 11-702 NMRA).
Full-time public school guards exempt.
— A full-time security and patrol force to guard the Albuquerque public school system which is under the supervision and guidance of school authorities is exempt from the provisions of the Private Investigations Act (former Sections 61-27-1 to 61-27-49 NMSA 1978). 1970 Op. Att'y Gen. No. 70-87 (rendered under former law).
Part-time off-duty police officer checking identification not exempt.
— An off-duty municipal police officer or county sheriff's deputy cannot work part time checking identification cards at a liquor establishment (and being compensated by the liquor establishment) without being licensed by the Private Investigators Act (former Sections 61-27-1 to 61-27-49 NMSA 1978). 1974 Op. Att'y Gen. No. 74-15 (rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits §§ 18, 27, 34 to 38.
53 C.J.S. Licenses §§ 35, 36.