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SPONSOR: |
Larranaga |
DATE TYPED: |
|
HB |
923/aHJC |
||
SHORT TITLE: |
Amend Engineering & Surveying Practice Act |
SB |
|
||||
|
ANALYST: |
Geisler |
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REVENUE
Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
|
FY03 |
FY04 |
|
|
|
.01 See
Narrative |
.01 See
Narrative |
.01 See
Narrative |
|
OSF |
|
|
|
|
|
(Parenthesis ( ) Indicate Revenue Decreases)
Relates to:
SB 665 Sanctions for Certain Unlicensed Persons
Responses
Received From
Board
of Licensure for Professional Engineers and Surveyors (BES)
SUMMARY
Synopsis
of HJC Amendment
The House Judiciary Committee Amendment to House Bill 923 clarifies that licensure of a professional engineer requires meeting only one of the requirements listed on page 8 and 9 relating to education & experience. This is achieved by striking “either” on line 19 of page 8 and replacing it with “meets one of the following requirements” and then re-lettering the section.
Synopsis
of Original Bill
House Bill 923 proposes to amend the practice act of the professional engineering and surveying licensing board. Major changes include:
1. Giving the BES authority to investigate and impose civil penalties for unlicensed individuals acting in the capacity of an engineer or surveyor and;
2.
Waiver of the engineer intern exam for certain
qualified applicants to encourage licensure.
Significant Issues
1.
Investigation of Unlicensed Individuals:
· Identical language is proposed for the engineering and the surveying sections of the Act.
· The proposed language would subject any person (whether licensed or not), who engages in the business, or acts in the capacity of a professional engineer or professional surveyor, except as otherwise exempted under the Act, to the jurisdiction of the Board.
· The Board would have the authority to investigate complaints and assess civil penalties for practicing without a license up to $5,000 (same as in current law for licensees).
· The civil penalty would be determined in accordance to the seriousness of the violation, the economic benefit to the violator, the violator’s history, etc.
· Persons aggrieved by the board’s decision would be able to appeal a decision to district court.
· Board would have the authority to enforce its orders through further action and judicial sanctions or relief, including a petition for injunction. Failure to comply with an order issued by the Board would be considered a misdemeanor.
· The definition for “person” as noted in the general state statute would be added to the Act.
2.
Exam Requirements:
FISCAL IMPLICATIONS
The
Board operates with Other State Funds (OSF). The revenue generated from
examinations, licensees, renewals, penalties, etc. goes directly to supporting
the Engineering and Surveying Board’s operations.
CONFLICT
Relates
to SB 665, which proposes to amend the Uniform Licensing Act and would also
give licensing boards under the Uniform Licensing Act jurisdiction over
unlicensed activity, to include disciplinary proceedings and civil
penalty. SB 665 establishes a cap of
$1,000 civil penalty. HB 923 includes a
cap of $5,000 which is consistent with the penalty cap for licensees under the
Engineering and Surveying Practice Act.
It appears that HB 923 would prevail as the more specific law regarding
engineering and surveying practice.
However, giving boards the flexibility under the ULA to work within
their specific statutes would be more appropriate.
OTHER SUBSTANTIVE ISSUES
The BES provided this additional information on
jurisdiction over certain unlicensed individuals:
·
The bill would allow the Board to investigate and
act on complaints filed against unlicensed individuals, for example former
licensees who have had their licenses revoked who continue to practice,
unlicensed individuals who fraudulently use the seal and signature of other
licensees, and/or individuals who purport to be licensed, who obtain monetary
retainers and who are not able to complete the services (from examples of cases
that have been received by the Board).
·
Unlicensed individuals
alleged to be in violation of the Engineering and Surveying Practice Act will
have the same due process afforded licensees under the Uniform Licensing
Act [See proposed amended language in Sec. 61-23-2 “…A person who engages in the business or
acts in the capacity of a professional engineer or professional surveyor in New
Mexico, except as otherwise provided in Sections 61-23-22 and 61-23-27.10 NMSA
1978[exemptions to Act], with or without a New Mexico license, has thereby
submitted to the jurisdiction of the state and to the administrative jurisdiction
of the board and is subject to all penalties and remedies available for a
violation of any provision of Chapter 61, Article 23 NMSA 1978…”
GG/sb:njw