HOUSE BILL 689

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Joseph Cervantes

AN ACT

RELATING TO LICENSING; CLARIFYING THE STATUTE OF LIMITATIONS ON BOARD ACTIONS THAT AFFECT CONSTRUCTION INDUSTRIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 61-1-3.1 NMSA 1978 (being Laws 1981, Chapter 349, Section 3, as amended) is amended to read:

     "61-1-3.1. LIMITATIONS.--

          A. Except as otherwise provided in this section, a board shall not initiate an action that would [have any of the effects] result in any of the actions specified in Subsections D through N of Section 61-1-3 NMSA 1978 or an action related to unlicensed activity [shall not be initiated by a board] later than two years after the discovery by the board of the conduct that would be the basis for the action [except as provided in Subsection C of this section].

          B. The time limitation contained in Subsection A of this section shall be tolled by any civil or criminal litigation in which the licensee or applicant is a party arising from substantially the same facts, conduct or transactions that would be the basis for the board's action.

          C. The New Mexico state board of psychologist examiners shall not initiate an action that would result in any of the actions specified in Subsections D through N of Section 61-1-3 NMSA 1978 later than five years after the conduct of the psychologist or psychologist associate that is the basis for the action. However, if the conduct that is the basis for the action involves a minor or a person adjudicated incompetent, the action shall be initiated, in the case of a minor, no later than one year after the minor's eighteenth birthday or five years after the conduct, whichever is last and, in the case of a person adjudicated incompetent, one year after the adjudication of incompetence is terminated or five years after the conduct, whichever is last.

          D. The New Mexico public accountancy board shall not initiate an action [under] pursuant to the 1999 Public Accountancy Act that would result in any of the actions specified in Subsections D through N of Section 61-1-3 NMSA 1978 later than two years [following] after the discovery by the board of a violation of that act.

          E. The construction industries commission shall not initiate an action, pursuant to the Construction Industries Licensing Act that would result in any of the actions specified in Subsections D through N of Section 61-1-3 NMSA 1978, later than two years after the date of substantial completion as defined in Section 37-1-27 NMSA 1978 or a certificate of occupancy is issued pursuant to Subsection C of Section 60-13-45 NMSA 1978 in relation to the conduct that would be the basis for the action."

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