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F I S C A L I M P A C T R E P O R T

SPONSOR Lopez

DATE TYPED 3/7/05

HB

SHORT TITLE Engineer & Surveyor Licensure Requirements

SB 163/aSCORC/ aSRC

ANALYST Moser

Duplicates HB99

Companion to Sunset Bill: HB 306.

SOURCES OF INFORMATION

LFC Files

Responses Received From

Board of Professional Engineers and Surveyors

SUMMARY

Synopsis of SCORC Amendment

The Senate Corporations and Transportation Committee amendment to SB163 establishes for all

contracts and agreements for professional surveying services that a written statement must be

included outlining if coverage exists for professional liability insurance and what the minimum

terms and conditions, including limits and exceptions, of the coverage are.

Significant Issues of Amendment:

The amendment clarifies in a professional surveying services contract/agreement the existence of

professional liability insurance and any limitations and conditions that exist. This provides in-

formation which clarifies coverage for the consumer entering into such contract or agreement.

Synopsis of SRC Amendment

The Senate Rules Committee amendment to SB 163 is identical to amendment, item (1) made by

Business and Industry Committee to HB 99.

The amendment clarifies that if a ¾ vote is not reached by the new engineering and surveying

joint standing committee on any interdisciplinary practice dispute as to whether the issue at hand

is exclusive to engineering or exclusive to surveying, then the determination shall be made by the

full board.

Senate Bill 163/aSCORC/aSRC -- Page 2

Significant Issues of Amendment:

Amendment ensures that the full board will act on exclusivity issues that the engineering and

surveying joint standing committee is unable to resolve.

Synopsis of Original Bill

Senate Bill 163 empowers the professional engineering committee to promulgate and adopt rules

of professional responsibility for professional engineers for all matters exclusive to engineering.

It also empowers the professional surveying committee to promulgate and adopt rules of profes-

sional responsibility for professional surveyors. The bill provides a clarification of professional

overlap between engineers and surveyors by adding a definition of “supplemental surveying

work.” The bill creates a joint engineering and surveying practices committee with equal repre-

sentation from both aforementioned committees with the authority to determine exclusivity of

issues that come before the Board. The bill gives more autonomy to each profession in the regu-

lating of its individual profession while at the same time provides a mechanism to address con-

cerns of interdisciplinary practices between the two professions within the Board. Other

changes are mainly for clarification and housekeeping.

Significant Issues

According to the Board, the law in the past was interpreted as giving the full board authority to

promulgate rules whether they affected engineers or surveyors. This created conflict between the

professions since the board is composed of more engineers than surveyors. This bill authorizes

each committee to promulgate its own rules of professional responsibility for each discipline. If

there is an interdisciplinary practice concern, the bill authorizes the joint engineering and survey-

ing practices committee (composed of 1 engineer and 1 surveyor and the two public members of

the Board) to rule on whether it is exclusive to engineering or exclusive to surveying. The bill

also clarifies that engineers on occasions, when performing engineering projects, may perform

supplemental surveying work that is incidental to their project. A definition of “supplemental

surveying work” is added to mean surveying work performed in order to densify, augment and

enhance previously performed survey work or site information, but excludes surveying of real

property.

The bill also clarifies the engineering licensing experience requirement of twelve years without

the intern examination to be after graduation. It authorizes the Board to clarify the licensing re-

quirements for engineers, specifically the sequence of completing the licensing requirements.

The Good Samaritan provision is expanded to cover activities including aeronautical, aircraft

structure and reference to terrorist acts.

FISCAL IMPLICATIONS

There are no fiscal impacts anticipated for the Board’s budget expenses or revenues. The Board

operates with Other State Funds (OSF). The revenues generated from license fees are appropri-

ated to support the Engineering & Surveying Board’s operations.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

HB 99 duplicates SB 163.

Senate Bill 163/aSCORC/aSRC -- Page 3

OTHER SUBSTANTIVE ISSUES

1.

Minor housekeeping changes to language. (61-23-3. DEFINITIONS- E, L, M, N, Q)

2.

Empower Engineering Committee to promulgate and adopt rules of professional respon-

sibility for professional engineers for all matters exclusive to engineering. (61-23-3.

DEFINITIONS - F)

3.

Clarify definition of surveying in regards to establishment of horizontal and vertical con-

trol. (61-23-3. DEFINITIONS – N - 4)

4.

Empower Surveying Committee to promulgate and adopt rules of professional responsi-

bility for professional surveyors for all matters exclusive to surveying. (61-23-3.

DEFINITIONS - O)

5.

Clarification of professional overlap between engineers and surveyors. Adds definition of

“supplemental surveying work” (61-23-3. DEFINITIONS - R, S)

6.

Adds “professional” before surveyor in the name of the Board of Licensure (61-23-5

STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND

SURVEYORS—MEMBERS—TERMS – A)

7.

Clarification of board member qualifications requiring New Mexico licensure experience.

(BOARD MEMBER –QUALIFICATIONS 61-23-6. A & B)

8.

Clarification of quorum requirement for the engineering committee. Similar to existing

language for the surveying committee. (61-23-9. BOARD-ORGANIZATION-

MEETINGS - A)

9.

Minor housekeeping changes to language. (61-23-9. BOARD-ORGANIZATION-

MEETINGS - B, C, E)

10.

Creates (engineering & surveying) joint practices committee with equal representation for

engineering (1 PE board member) and surveying (1 PS board member) plus the (2) two

public board members within the existing Board of Licensure (BOL) framework to de-

termine exclusivity of issues that come before the board. (61-23-9. BOARD-

ORGANIZATION-MEETINGS - D)

11.

Clarification that the BOL is the sole state agency empowered to determine the qualifica-

tion of engineers and surveyors. (61-23-10. DUTIES AND POWERS OF THE BOARD -

A)

12.

Empowers engineering and surveying committees of the BOL to individually promulgate

and adopt rules of professional responsibility exclusive to their respective profession and

creates mechanism to determine exclusivity. (61-23-10. DUTIES AND POWERS OF

THE BOARD - C, D, E)

13.

Removes one-year waiting period after three unsuccessful examinations attempts. (61-23-

14. CERTIFICATION AS AN ENGINEERING INTERN-REQUIREMENTS - B)

14.

Clarifies engineering licensing experience requirement of twelve years without the intern

examination to be after graduation. (61-23-14.1 LICENSURE AS A PROFESSIONAL

ENGINEER—REQUIREMENTS – A. 2, (e)

15.

Authorizes the Board to clarify the licensing requirements for engineers, specifically the

sequence of meeting the licensing requirements. (61-23-14.1. LICENSURE AS A

PROFESSIONAL ENGINEER- REQUIREMENTS- B, C)

16.

Minor housekeeping changes to language. (61-23-17. APPLICATION AND

EXAMINATION FEES - A)

17.

Minor housekeeping changes to licensure fee collection procedure to be implemented by

rules. (61-23-20. ENGINNERING-LICENSURE AND RENEWAL FEES-

EXPIRATIONS - A)

Senate Bill 163/aSCORC/aSRC -- Page 4

18.

Minor housekeeping changes to language to conform to earlier revisions. (61-23-24.

ENGINEERING-VIOLATIONS-DISCIPLINARY ACTION – B, I)

19.

Clarification of experience requirements for licensure as professional surveyor. (61-23-

27.4. A.3)

20.

Minor housekeeping changes to licensure fee collection procedure. (61-23-27.7

SURVEYING-LICENSURE AND RENEWAL FEES-EXPIRATIONS- A)

21.

Minor housekeeping changes to language to conform to earlier revisions. (61-23-

27.11.SURVEYING-VIOLATIONS-DISCIPLINARY ACTION-H)

Expansion of activities covered by Good Samaritan provisions to include aeronautical,

aircraft structure and reference to terrorist acts. (61-23-31.1 GOOD SAMARITAN- A)

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

Current items of concern between engineers and surveyors would not be addressed. The survey-

ing and engineering community have worked together in recommending this legislation.

EM/lg/rs/njw:yr