reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-26 - Engineering; public work. (Repealed effective July 1, 2030.)

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.
ANNOTATIONS
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— Laws 1987, ch. 336 repealed former 61-23-26 NMSA 1978, as amended by Laws 1979, ch. 363, § 21, relating to violations and penalties, effective June 19, 1987, and enacted a new section.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.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-27 - Engineering; public officer; licensure required. (Repealed effective July 1, 2030.)

No person except a licensed professional engineer shall be eligible to hold any responsible office or position for the state or any political subdivision of the state that includes the performance or responsible charge of engineering work.
History:
Laws 1987, ch. 336, § 27; 1993, ch. 218, § 21; 1999, ch. 259, § 18.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Repeals and reenactments.
— Laws 1987, ch. 336 repealed former 61-23-27 NMSA 1978, as amended by Laws 1979, ch. 363, § 22, relating to injunctions, effective June 19, 1987, and enacted a new section.
The 1999 amendment,
effective June 18, 1999, substituted "licensure" for "registration" in the section heading, and "licensed" for "registered" in the section.
The 1993 amendment,
effective July 1, 1993, added "Engineering" at the beginning of the catchline, deleted "or professional surveyor, whichever is applicable" following "professional engineer", substituted "that includes" for "which requires", and deleted "or surveying work" at the end of the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 63C Public Officers and Employees § 50 to 52.
67 C.J.S. Officers and Public Employees § 34.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-27.2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 259, § 35 repealed 61-23-27.1 and 61-23-27.2 NMSA 1978, as enacted by Laws 1993, ch. 218, §§ 22 and 23, relating to certification of surveyor interns and registration of professional surveyors, effective June 18, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-27.5 - Surveying; application and examination fees. (Repealed effective July 1, 2030.)

A. All applicants for licensure pursuant to the Engineering and Surveying Practice Act shall apply for examination, licensure or certification on forms prescribed and furnished by the board. Except as provided in Section 61-1-34 NMSA 1978, applications shall be accompanied by the appropriate fee, any sworn statements the board may require to show the applicant's citizenship and education, a detailed summary of the applicant's technical work and appropriate references.
B. 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 Engineering and Surveying Practice Act. Fees shall not be refundable.
C. Any application may be denied for fraud, deceit, conviction of a felony or for any crime that may impede the ability of the applicant to perform professionally as determined by board rules.
History:
1978 Comp., § 61-23-27.5, enacted by Laws 1993, ch. 218, § 26; 1999, ch. 259, § 21; 2017, ch. 42, § 13; 2020, ch. 6, § 50; 2023, ch. 79, § 9.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
The 2023 amendment,
effective June 16, 2023, provided that any application for licensure may be denied for any crime that may impede the ability of the applicant to perform professionally as determined by board rules; and in Subsection C, after "any crime", deleted "involving moral turpitude" and added "that may impede the ability of the applicant to perform professionally as determined by board rules".
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in Subsection A, added "Except as provided in Section 61-1-34 NMSA 1978".
The 2017 amendment,
effective July 1, 2017, in Subsection A, after "a detailed summary of", deleted "his" and added "the applicant's".
The 1999 amendment,
effective June 18, 1999, substituted "licensure" for "registration" in the first sentence of Subsection A.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-27.6 - Surveying; examinations. (Repealed effective July 1, 2030.)

The examinations for surveying certification and licensure shall be held at least once a year at a time and place the board directs. The surveying committee shall determine the passing grade on examinations.
History:
1978 Comp., § 61-23-27.6, enacted by Laws 1993, ch. 218, § 27; 1999, ch. 259, § 22.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
The 1999 amendment,
effective June 18, 1999, substituted "licensure" for "registration" in the first sentence.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-27.8 - Surveying licenses and seals. (Repealed effective July 1, 2030.)

A. The board shall issue surveying licenses pursuant to the Engineering and Surveying Practice Act. The board shall provide for the proper authentication of all documents.
B. The board shall regulate the use of seals and may approve alternative authentications to physical or electronic seals.
History:
1978 Comp., § 61-23-27.8, enacted by Laws 1993, ch. 218, § 29; 1999, ch. 259, § 24; 2012, ch. 46, § 12; 2019, ch. 220, § 6.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
The 2019 amendment,
effective June 14, 2019, authorized the board of licensure for professional engineers and professional surveyors to approve alternative authentications to physical or electronic seals; and in Subsection B, after "use of seals", added "and may approve alternative authentications to physical or electronic seals".
The 2012 amendment,
effective July 1, 2012, eliminated the issuance of certificates of licensure; in the title, after "Surveying", deleted "certificates" and added "licenses"; and in Subsection A, in the first sentence, after "shall issue", deleted "certificates of licensure" and added "surveying licenses".
The 1999 amendment,
effective June 18, 1999, substituted "licensure pursuant to" for "registration under" in the first sentence of Subsection A.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-27.12 - Surveying; professional development. (Repealed effective July 1, 2030.)

The board shall implement and conduct a professional development program. Compliance and exceptions shall be established by the regulations and rules of procedure of the board.
History:
1978 Comp., § 61-23-27.12, enacted by Laws 1993, ch. 218, § 33.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-27.13 - Surveying; public work. (Repealed effective July 1, 2030.)

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 surveying unless the surveying is under the responsible charge of a licensed professional surveyor.
History:
1978 Comp., § 61-23-27.13, enacted by Laws 1993, ch. 218, § 34; 1999, ch. 259, § 28; 2017, ch. 42, § 17.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
The 2017 amendment,
effective July 1, 2017, made it unlawful for any person to engage in the construction of any public work involving surveying unless the surveying is under the responsible charge of a licensed professional surveyor; and after "political subdivisions", added "or any person".
The 1999 amendment,
effective June 18, 1999, substituted "licensed professional" for "registered professional".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-27.14 - Surveying; public officer; licensure required. (Repealed effective July 1, 2030.)

No person except a licensed professional surveyor shall be eligible to hold any responsible office or position for the state or any political subdivision of the state that requires the performance or responsible charge of surveying work.
History:
1978 Comp., § 61-23-27.14, enacted by Laws 1993, ch. 218, § 35; 1999, ch. 259, § 29.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
The 1999 amendment,
effective June 18, 1999, substituted "licensure" for "registration" in the section heading and "licensed" for "registered" in the section.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-27.15 - Authority to investigate; civil penalties for unlicensed persons; surveying. (Repealed effective July 1, 2030.)

A. The board may investigate and initiate a hearing on a complaint against a person who does not have a license, who is not exempt from the Engineering and Surveying Practice Act and who acts in the capacity of a professional surveyor within the meaning of the Engineering and Surveying Practice Act. A valid license is required for a person to act as a professional surveyor or to solicit or purport to perform work involving the practice of surveying.
B. If after the hearing the board determines that based on the evidence the person committed a violation under the Engineering and Surveying Practice Act, it shall, in addition to any other sanction, action or remedy, issue an order that imposes a civil penalty up to seven thousand five hundred dollars ($7,500) per violation.
C. In determining the amount of the civil penalty it imposes, the board shall consider:
(1) the seriousness of the violation;
(2) the economic benefit to the violator that was generated by the violator's commission of the violation;
(3) the violator's history of violations; and
(4) any other considerations the board deems appropriate.
D. A person aggrieved may appeal a decision made or an order issued pursuant to Subsection B of this section to the district court pursuant to Section 39-3-1.1 NMSA 1978.
E. Failure to pay a fine levied by the board or to otherwise comply with an order issued by the board pursuant to the Engineering and Surveying Practice Act is a misdemeanor and upon conviction the person shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. Conviction shall be grounds for further action against the person by the board and for judicial sanctions or relief, including a petition for injunction.
History:
Laws 2003, ch. 233, § 5; 2012, ch. 46, § 14.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
The 2012 amendment,
effective July 1, 2012, provided that a valid license is required to act as an surveyor or to seek work involving the practice of surveying; increased the penalty; in Subsection A, added the last sentence; and in Subsection B, after "penalty up to", deleted "five thousand dollars ($5,000)" and added "seven thousand five hundred dollars ($7,500)".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-28 - Reference marks; removal or obliteration; replacement. (Repealed effective July 1, 2030.)

When it becomes necessary by reason of the construction of public or private works to remove or obliterate any triangulation station, benchmark, corner, monument, stake, witness mark or other reference mark, it shall be the duty of the person in charge of the work to cause to be established by a licensed surveyor one or more permanent reference marks, which shall be plainly marked as witness corners or reference marks as near as practicable to the original mark and to record a map, field notes or both with the county clerk of the county wherein located, showing clearly the position of the marks established with reference to the position of the original mark. The surveys or measurements made to connect the reference marks with the original mark shall be of at least the same order of precision as the original survey.
History:
Laws 1987, ch. 336, § 28; 1999, ch. 259, § 30; 2011, ch. 56, § 26.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Repeals and reenactments.
— Laws 1987, ch. 336 repealed former 61-23-28 NMSA 1978, as amended by Laws 1983, ch. 111, § 1, relating to public work, effective June 19, 1987, and enacted a new section.
The 2011 amendment,
effective December 31, 2012, removed the county surveyor as a person with whom maps and field notes may be recorded.
The 1999 amendment,
effective June 18, 1999, substituted "licensed surveyor" for "registered surveyor" in the first sentence.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-28.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 259, § 35 repealed 61-23-28.1 NMSA 1978, as amended by Laws 1997, ch. 80, § 1, relating to recording of surveys, effective June 18, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-29 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 218, § 41 repealed former 61-23-29 NMSA 1978, as enacted by Laws 1987, ch. 336, § 29, concerning the restoration or reestablishment of monuments, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-29.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 336 repealed former 61-23-29.1 NMSA 1978, as enacted by Laws 1979, ch. 363, § 26, relating to licensure under prior laws, effective June 19, 1987.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-30 - Right of entry on public and private property; responsibility. (Repealed effective July 1, 2030.)

The engineers and surveyors of the United States and licensed professional engineers and surveyors of the state shall have the right to enter upon the lands and waters of the state and of private persons and of private and public corporations within the state for the purpose of making surveys, inspections, examinations and maps, subject to responsibility for actual damage to crops or other property or for injuries resulting from negligence or malice caused on account of that entry.
History:
Laws 1987, ch. 336, § 30; 1999, ch. 259, § 31.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Repeals and reenactments.
— Laws 1987, ch. 336 repealed former 61-23-30 NMSA 1978, as amended by Laws 1983, ch. 111, § 2, relating to termination of agency life and delayed repeal, effective June 19, 1987, and enacted a new section.
The 1999 amendment,
effective June 18, 1999, substituted "licensed professional" for "registered professional".
Compiler's notes.
— Laws 1987, ch. 333, § 10 purported to amend former 61-23-30 NMSA 1978, as amended by Laws 1981, ch. 241, § 31, relating to termination of agency life, but was not given effect due to the repeal and reenactment by Laws 1987, ch. 336, § 30.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 75 Am. Jur. 2d Trepass § 103, 104.
87 C.J.S. Trespass §§ 52 to 54.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-31 - Licensure under prior laws. (Repealed effective July 1, 2030.)

Any person holding a valid license as a professional engineer, professional surveyor, professional engineer and surveyor or certification as an engineer intern or surveyor intern granted by the board pursuant to any prior law of New Mexico shall not be required to make a new application or to submit to an examination, but shall be entitled to the renewal of licensure upon the terms and conditions of the Engineering and Surveying Practice Act.
History:
Laws 1987, ch. 336, § 31; 1993, ch. 218, § 37; 1999, ch. 259, § 32.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
The 1999 amendment,
effective June 18, 1999, substituted "valid license" for "valid registration" and "renewal of licensure" for "renewal of such registration".
The 1993 amendment,
effective July 1, 1993, substituted "professional surveyor, professional engineer and surveyor or certification as an engineer intern, or surveyor intern" for "professional land surveyor, land surveyor or professional engineer and land surveyor or certification as an engineering intern, engineer-in-training or land surveying intern".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-31.1 - Good samaritan. (Repealed effective July 1, 2030.)

A. A professional engineer or professional surveyor who voluntarily, without compensation, at the request of a state or local public official acting in an official capacity, provides aircraft structure, structural, aeronautical, electrical, mechanical, other engineering services or surveying at the scene of a declared national, state or local emergency caused by a major earthquake, hurricane, tornado, fire, explosion, flood, collapse or other similar disaster or catastrophic event, such as a terrorist act, shall not be liable for any personal injury, wrongful death, property damage or other loss caused by the engineer's or surveyor's acts, errors or omissions in the performance of any surveying or engineering services for any structure, building, piping or other engineered system, publicly or governmentally owned.
B. The immunity provided shall apply only to a voluntary engineering or surveying service that occurs within thirty days of the emergency, disaster or catastrophic event, unless extended by an executive order issued by the governor under the governor's emergency executive powers. Nothing in this section shall provide immunity for wanton, willful or intentional misconduct.
History:
1978 Comp., § 61-23-31.1, enacted by Laws 1993, ch. 218, § 38; 2005, ch. 69, § 15.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, adds aircraft structure and aeronautical services to the list of services that professional engineers and professional surveyors may provide without incurring liability and includes terrorists acts as catastrophic events.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-32 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2030.)

The state board of licensure for professional engineers and professional surveyors is terminated on July 1, 2029 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of the Engineering and Surveying Practice Act until July 1, 2030. Effective July 1, 2030, the Engineering and Surveying Practice Act is repealed.
History:
Laws 1987, ch. 336, § 32; 1993, ch. 218, § 39; 1999, ch. 259, § 33; 2005, ch. 208, § 16; 2011, ch. 30, § 5; 2012, ch. 46, § 16; 2017, ch. 42, § 19; 2017, ch. 52, § 7; 2023, ch. 15, § 3; 2023, ch. 79, § 12.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, extended the termination date of the state board of licensure for professional engineers and professional surveyors; changed "July 1, "2023" to "July 1, 2029", and changed "July 1, 2024", to "July 1, 2030".
Laws 2023, ch. 15, § 3 and Laws 2023, ch. 79, § 12, both effective June 16, 2023, enacted identical amendments to this section. The section was set out as amended by Laws 2023, ch. 79, § 12.
See
Section 12-1-8 NMSA 1978.
The 2017 amendment,
effective June 16, 2017, changed "July 1, 2017" to "July 1, 2023", and changed "July 1, 2018" to "July 1, 2024" in two places.
The 2012 amendment,
effective July 1, 2012, added the reference to professional surveyors and in the first sentence, after "engineers and" added "professional".
The 2011 amendment,
effective June 17, 2011, changed the termination, operation and repeal dates.
The 2005 amendment,
effective June 17, 2005, changed the termination, operation and repeal dates.
The 1999 amendment,
effective June 18, 1999, substituted "licensure" for "registration" and "July 1, 2005" for "July 1, 1999" in the first sentence, and substituted "July 1, 2006" for "July 1, 2000" in the last two sentences.
The 1993 amendment,
effective July 1, 1993, substituted "1999" for "1993" in the first sentence and "2000" for "1994" in the second and third sentences.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-33 - Notice of boundary survey; certain land grants. (Repealed effective July 1, 2030.)

A. If a boundary survey of property is conducted within or bordering the common lands of a community land grant governed and operating pursuant to Chapter 49, Article 6, 7, 8 or 10 NMSA 1978, the surveyor shall give written notice by certified mail to the board of trustees or commissioners of the affected land grant prior to recording the boundary survey or plat with the county clerk. The notice shall indicate where and when the boundary survey will be or was conducted.
B. The board of trustees or commissioners of a community land grant governed and operating pursuant to Chapter 49, Article 6, 7, 8 or 10 NMSA 1978 shall record with the county clerk of the county within which the land grant is located the address and contact information of the appropriate officer of the board or commission to which notice shall be given pursuant to Subsection A of this section. Any change in address or contact information shall be updated and recorded as soon as practicable to ensure that timely notice may be accomplished by certified mail.
C. A surveyor shall give proof of the notice required by Subsection A of this section by having the tracking number of the certified mailing and the address of the land grant as recorded with the county clerk acknowledged and recorded on the boundary survey or plat. A boundary survey or plat recorded pursuant to Section 61-23-28.2 NMSA 1978 without proof of the notice required by Subsection A of this section shall not be considered a valid filing or recording of the boundary survey or plat.
History:
Laws 2010, ch. 6, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-23-32 NMSA 1978.
Effective dates.
— Laws 2010, ch. 6 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-34 - Repealed.

History:
Laws 2012, ch. 46, § 15; repealed by Laws 2013, ch. 3, § 1.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 3, § 1 repealed 61-23-34 NMSA 1978, as enacted by Laws 2012, ch. 46, § 15, relating to notice of boundary surveys for certain land grants, effective March 7, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-35 - Engineering and surveying university support program. (Repealed effective July 1, 2030.)

A. The board may establish an "engineering and surveying university support program" that 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. The program may provide direct educational and training scholarships through qualified New Mexico educational institutions to candidates for the engineering and surveying professions willing to reside and practice in New Mexico. 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 exceed annually two hundred fifty thousand dollars ($250,000) in the aggregate.
B. The board may request and use appropriations to establish, implement and maintain the engineering and surveying university support program. Any appropriation shall be deposited in the engineering and surveying university support fund.
History:
Laws 2019, ch. 220, § 1; 2023, ch. 79, § 13.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, changed the name of the "engineering and surveying scholarship" to the "engineering and surveying university support program"; provided that the engineering and surveying university support program may provide funding for equipment and related materials to support the education of engineering and surveying students at certain educational institutions, and raised the annual funding amount of the engineering and surveying university support program; in the section heading, deleted "scholarship" and added "university support"; and in Subsection A, after "surveying", deleted "scholarship" and added "university support", after "practice in New Mexico", deleted "in an" and added "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", after "amount", added "of funding provided pursuant to the program shall", and after "annually", deleted "one hundred thousand dollars ($100,000)" and added "two hundred fifty thousand dollars ($250,000)".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 23 - Engineering and Surveying › Section 61-23-36 - Engineering and surveying university support fund created. (Repealed effective July 1, 2030.)

The "engineering and surveying university support fund" is created in the state treasury to support the engineering and surveying university support program. The fund consists of appropriations, gifts, grants, donations and income from investment of the fund. Any income earned on investment of the fund shall remain in the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. 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 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.
History:
Laws 2019, ch. 220, § 2; 2023, ch. 79, § 14.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, changed the name of the "engineering and surveying scholarship fund" to the engineering and surveying university support fund", and substituted each occurrence of "scholarship" with "university support" throughout the section.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24 - Hearing Aid Dealers and Fitters (Repealed.) › Section 61-24-1 to 61-24-21 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 349, § 20, repealed 61-24-1 to 61-24-21 NMSA 1978, relating to hearing aid dealers and fitters. For present provisions,
see
61-14B-1 to 61-14B-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24A - Hearing Aid Dispensers (Repealed.) › Section 61-24A-1 to 61-24A-21 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1996, ch. 57, § 27, repealed 61-24A-1 through 61-24A-21 NMSA 1978, as enacted and amended by Laws 1979, ch. 349, §§ 1 to 15, 17, 18 and Laws 1991, ch. 46, §§ 1 to 12, relating to the Hearing Aid Act, effective July 1, 1996. For present comparable provisions,
see
Chapter 61, Article 14B NMSA 1978.
Compiler's notes.
— Laws 1996, ch. 51, § 13, effective March 5, 1996, amended § 61-24A-21 NMSA 1978. However, Laws 1996, ch. 57, § 27, effective July 1, 1996, repealed that section, and the amendment to 61-24A-21 NMSA 1978 was not set out.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24B - Landscape Architects › Section 61-24B-1 - Short title. (Repealed effective July 1, 2026.)

Chapter 61, Article 24B NMSA 1978 may be cited as the "Landscape Architects Act".
History:
Laws 1985, ch. 151, § 1; 1998, ch. 23, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section, see 61-24B-17 NMSA 1978.
The 1998 amendment,
effective March 5, 1998, substituted "Chapter 61, Article 24B NMSA 1978" for "This act" at the beginning of the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 58 Am. Jur. 2d Occupations, Trades, and Professions §§ 87 to 89.
6 C.J.S. Architects §§ 2, 3, 7.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24B - Landscape Architects › Section 61-24B-2 - Purpose of act. (Repealed effective July 1, 2026.)

The purpose of the Landscape Architects Act is to ensure public safety and to promote quality performance by registration of landscape architects.
History:
Laws 1985, ch. 151, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section, see 61-24B-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24B - Landscape Architects › Section 61-24B-3 - Definitions. (Repealed effective July 1, 2026.)

As used in the Landscape Architects Act:
A. "board" means the board of landscape architects;
B. "general administration of a construction contract" means the interpretation of drawings and specifications, the establishment of standards of acceptable workmanship and the periodic observation of construction to facilitate consistency with the general intent of the construction documents;
C. "landscape architect" means an individual registered under the Landscape Architects Act to practice landscape architecture;
D. "landscape architect in training" means an individual certified under the Landscape Architects Act who is actively pursuing completion of the requirements for licensure pursuant to that act; and
E. "landscape architecture" means the art, profession or science of designing land improvements, including consultation, investigation, research, design, preparation of drawings and specifications and general administration of contracts. Nothing contained in this definition shall be construed as authorizing a landscape architect to engage in the practice of architecture, engineering or land surveying as defined by Chapter 61, Articles 15 and 23 NMSA 1978.
History:
Laws 1985, ch. 151, § 3; 2001, ch. 155, § 1; 2007, ch. 126, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-24B-17 NMSA 1978.
The 2007 amendment,
effective June 15, 2007, adds the definition of "landscape architect in training".
The 2001 amendment,
effective June 15, 2001, in Subsection D, substituted "'landscape architecture'" means the art, profession or science of designing land improvements" for "'landscape architectural services' means the practice of landscape architecture"; deleted Paragraphs (1), (2) and (3) that listed the dominant purposes of the services of landscape architecture; and substituted "Chapter 61, Articles 15 and 23 NMSA 1978" for "Sections 61-15-2 and 61-23-6 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24B - Landscape Architects › Section 61-24B-4 - Registration required. (Repealed effective July 1, 2026.)

No person shall practice landscape architecture or represent himself as a landscape architect unless he has a certificate of registration issued pursuant to the Landscape Architects Act.
History:
Laws 1985, ch. 151, § 4; 2001, ch. 155, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section, see 61-24B-17 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, substituted "shall practice landscape architecture" for "practice as a landscape architect".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24B - Landscape Architects › Section 61-24B-8 - Qualifications for registration. (Repealed effective July 1, 2026.)

A person desiring to become registered as a landscape architect shall make application to the board on a written form and in such manner as the board prescribes, pay all required application fees and certify and furnish evidence to the board that the applicant:
A. has graduated from an accredited program in landscape architecture at a school, college or university and has a minimum of two years of practical experience acceptable to the board, at least one year of which shall be under the supervision of a landscape architect;
B. has graduated from a nonaccredited program of landscape architecture at a school, college or university offering a minimum four-year bachelor's degree curriculum or a minimum two-year master's degree curriculum and has a minimum of four years of practical experience acceptable to the board, at least one year of which shall be under the supervision of a landscape architect;
C. has graduated from a program in a field related to landscape architecture at a school, college or university offering a minimum four-year bachelor's degree curriculum or a minimum two-year master's degree curriculum and has a minimum of five years of practical experience acceptable to the board, at least one year of which shall be under the supervision of a landscape architect; or
D. has a minimum of ten years of practical experience in landscape architectural work that is acceptable to the board, at least one year of which shall be under the supervision of a landscape architect, provided that:
(1) each satisfactorily completed year of study in an accredited program of landscape architecture may be accepted in lieu of one year of practical experience required under this subsection; or
(2) a baccalaureate degree from a school, college or university may be accepted in lieu of two years of practical experience required under this subsection.
History:
Laws 1985, ch. 151, § 8; 2001, ch. 155, § 6; 2007, ch. 126, § 4.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-24B-17 NMSA 1978.
The 2007 amendment,
effective June 15, 2007, changes the education and experience required to qualify for registration as a landscape architect.
The 2001 amendment,
effective June 15, 2001, in Subsections A and B, deleted "registered" following "supervision of a" and deleted "or a person who becomes a registered landscape architect within one year from the effective date of the Landscape Architects Act; provided that" preceding "a master's degree"; and inserted "in a related field" following "university" in Paragraphs C(1) and (2).
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24B - Landscape Architects › Section 61-24B-8.1 - Qualifications for certification as landscape architect in training. (Repealed effective July 1, 2026.)

A person desiring to be certified as a landscape architect in training shall make application to the board on a written form and in such manner as the board prescribes, pay all required application fees and certify and furnish evidence to the board that the applicant has practical experience in landscape architectural work acceptable to the board and has:
A. graduated from an accredited program in landscape architecture at a school, college or university;
B. graduated from a non-accredited program of landscape architecture at a school, college or university offering a minimum four-year bachelor's degree curriculum or a minimum two-year master's degree curriculum; or
C. graduated from a program related to landscape architecture at a school, college or university offering a minimum four-year bachelor's degree curriculum or a minimum two-year master's degree curriculum.
History:
Laws 2007, ch. 126, § 5.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 125, contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24B - Landscape Architects › Section 61-24B-9.1 - Inactive status. (Repealed effective July 1, 2026.)

A certificate of registration in good standing may be transferred to inactive status upon written request to the board and payment of an annual inactive status fee set by the board. The request shall be made prior to expiration of the certificate of registration. The registrant shall not practice in New Mexico during the time the certificate of registration is inactive. A registrant may reactivate his certificate of registration upon submission of a renewal form provided by the board, the payment of the annual renewal fee for the current year, proof of continuing education units for the period of inactive status and any additional proof of competency required by the board.
History:
Laws 1998, ch. 23, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section, see 61-24B-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24B - Landscape Architects › Section 61-24B-9.2 - Certification as landscape architect in training; examination. (Repealed effective July 1, 2026.)

A. Applicants for certification as a landscape architect in training shall be required to pass the board's examination for landscape architect in training. An applicant who passes the examination may be issued a certificate as a landscape architect in training. The certification is intended to demonstrate that the applicant has obtained certain skills in landscape architecture fundamentals and is pursuing a career in landscape architecture.
B. The board shall conduct examinations of applicants for certification as landscape architects in training at least once each year. The examination shall determine the ability of the applicant to use and understand the theory and practice of landscape architecture and may be divided into such subjects as the board deems necessary.
C. An applicant who fails to pass the examination may reapply for the examination if the applicant complies with the rules established by the board.
D. Certification as a landscape architect in training is limited in duration in accordance with the rules established by the board.
History:
Laws 2007, ch. 126, § 6.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 126, contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24B - Landscape Architects › Section 61-24B-10 - Other licensing provisions. (Repealed effective July 1, 2026.)

A. The board may adopt rules and regulations for continuing education requirements which shall be completed as a condition for renewal of any certificate of registration under the Landscape Architects Act.
B. Each registered landscape architect may obtain the seal authorized by the board, bearing the registrant's name and the legend "Registered Landscape Architect - State of New Mexico". All plans, specifications and reports issued by a registrant shall be stamped with his seal.
History:
Laws 1985, ch. 151, § 10.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section, see 61-24B-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24B - Landscape Architects › Section 61-24B-11 - Fees. (Repealed effective July 1, 2026.)

Except as provided in Section 61-1-34 NMSA 1978, the board shall establish a schedule of reasonable fees for applications, certificates of registration, certificates as a landscape architect in training, temporary permits, re-registration, inactive status and late registration renewal as follows:
A. the initial application fee shall be set in an amount not to exceed one hundred dollars ($100);
B. the initial certificate of registration fee shall be set in an amount not to exceed three hundred dollars ($300);
C. the certificate of registration renewal fee shall be set in an amount not to exceed four hundred dollars ($400);
D. the initial and the renewal fee for landscape architect in training certification shall be set in an amount not to exceed two hundred dollars ($200);
E. the annual inactive status fee shall be set at one-half the renewal fee for the year; and
F. the late fee for registration renewal shall be set at an amount not to exceed twice the renewal fee.
History:
Laws 1985, ch. 151, § 11; 1998, ch. 23, § 3; 2007, ch. 126, § 7; 2020, ch. 6, § 52.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-24B-17 NMSA 1978.
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in the introductory clause, added "Except as provided in Section 61-1-34 NMSA 1978".
The 2007 amendment,
effective June 15, 2007, establishes fees for landscape architect in training certification.
The 1998 amendment,
effective March 5, 1998, substituted ", re-registration, inactive status and late registration renewal" for "and reregistration" in the undesignated paragraph; substituted "one hundred dollars ($100)" for "fifty dollars ($50.00)" in Subsection A; substituted "three hundred dollars ($300)" for "one hundred fifty dollars ($150); and" in Subsection B; substituted "four hundred dollars ($400)" for "one hundred dollars ($100)" in Subsection C; and added Subsections D and E.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24B - Landscape Architects › Section 61-24B-12 - Denial, suspension, revocation and reinstatement of certificate of registration. (Repealed effective July 1, 2026.)

A. The board may refuse to issue or may deny, suspend or revoke any certificate of registration held or applied for under the Landscape Architects Act [this article] in accordance with the procedures set forth in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] upon grounds that the registrant or applicant:
(1) is guilty of fraud or misrepresentation in the procurement of a certificate of registration;
(2) is subject to the imposition of any disciplinary action by another state which regulates landscape architects, but not to exceed the period or extent of that action;
(3) is grossly negligent or incompetent in his practice as a landscape architect;
(4) has failed to maintain registration as a landscape architect;
(5) has violated or aided or abetted any person to violate any of the provisions of the Landscape Architects Act or any rules or regulations duly adopted under that act; or
(6) has engaged in unprofessional conduct.
B. The board may modify any order of revocation, suspension or refusal to issue a certificate of registration and has the discretion to require an examination for any such modification.
History:
Laws 1985, ch. 151, § 12.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section, see 61-24B-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24B - Landscape Architects › Section 61-24B-13 - Criminal offender's character evaluation. (Repealed effective July 1, 2026.)

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Landscape Architects Act.
History:
Laws 1985, ch. 151, § 13.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section, see 61-24B-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24B - Landscape Architects › Section 61-24B-14 - Landscape architects fund created; disposition; method of payment. (Repealed effective July 1, 2026.)

A. There is created in the state treasury the "landscape architects fund".
B. All funds received by the board and money collected under the Landscape Architects Act shall be deposited with the state treasurer, who shall place the money to the credit of the landscape architects fund.
C. All amounts paid into the landscape architects fund shall be subject to the order of the board and shall be used only for the purpose of implementing the provisions of the Landscape Architects Act. All money unexpended or unencumbered at the end of the fiscal year shall remain in the landscape architects fund for use in accordance with the provisions of the Landscape Architects Act.
History:
Laws 1985, ch. 151, § 14.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section, see 61-24B-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 24B - Landscape Architects › Section 61-24B-15 - Board; rules. (Repealed effective July 1, 2026.)

The board shall make rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to implement the provisions of the Landscape Architects Act in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978].
History:
Laws 1985, ch. 151, § 15; 2022, ch. 39, § 91.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section, see 61-24B-17 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, clarified that the board of landscape architects is required to follow the provisions of the State Rules Act when promulgating rules; in the section heading, deleted "and regulations"; and after "The board shall make rules", deleted "and regulations necessary" and added "in accordance with the State Rules Act".