HOUSE BILL 367

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Nathan P. Small and Linda M. Trujillo

AN ACT

RELATING TO LICENSURE; ESTABLISHING AN ENGINEERING AND SURVEYING SCHOLARSHIP PROGRAM; ESTABLISHING ADDITIONAL GROUNDS FOR RECIPROCITY FOR ENGINEERS LICENSED IN OTHER JURISDICTIONS; AMENDING PROVISIONS RELATING TO CERTIFICATION AS A SURVEYOR INTERN; ALLOWING THE BOARD TO ALLOW ALTERNATIVES TO PHYSICAL SEALS; CREATING A FUND; MAKING AN APPROPRIATION.

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

     SECTION 1. A new section of the Engineering and Surveying Practice Act is enacted to read:

     "[NEW MATERIAL] ENGINEERING AND SURVEYING SCHOLARSHIP PROGRAM.-- 

          A. The board may establish an "engineering and surveying scholarship 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 in an amount not to exceed annually one hundred thousand dollars ($100,000) in the aggregate.

          B. The board may request and utilize appropriations to establish, implement and maintain the scholarship program. Any appropriation shall be deposited in the engineering and surveying scholarship fund."

     SECTION 2. A new section of the Engineering and Surveying Practice Act is enacted to read:

     "[NEW MATERIAL] ENGINEERING AND SURVEYING SCHOLARSHIP FUND CREATED.--The "engineering and surveying scholarship fund" is created in the state treasury to support the engineering and surveying scholarship 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 scholarship 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."

     SECTION 3. Section 61-23-14.1 NMSA 1978 (being Laws 1993, Chapter 218, Section 12, as amended) is amended to read:

     "61-23-14.1. LICENSURE AS A PROFESSIONAL ENGINEER--REQUIREMENTS.--

          A. Licensure as a professional engineer may be either through examination or through endorsement or comity. In either case, an applicant shall file the appropriate application in which it shall be demonstrated that the applicant:

                (1) is of good moral character and reputation; and

                (2) has five references, three of whom shall be licensees practicing in the branch of engineering for which the applicant is applying and who have personal knowledge of the applicant's engineering experience and reputation. The use of [nonlicensed] non-licensed engineer references having personal knowledge of the applicant's engineering experience and reputation may be accepted by the board; provided that a satisfactory written explanation is given.

          B. An applicant may be licensed through examination if the applicant can demonstrate the following:

                (1) the applicant is certified as an engineer intern and has at least one of the following:

                     (a) received a bachelor's degree in an engineering discipline recognized by the board from a program accredited by the engineering accreditation commission or a program that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying and has at least four years of engineering experience subsequent to receiving the degree;

                     (b) received a bachelor's degree in an engineering discipline recognized by the board from a foreign educational institution where the program that was completed fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying and has at least four years of engineering experience in the United States subsequent to receiving the degree;

                     (c) received a master's degree in an engineering discipline recognized by the board from a program accredited by the engineering accreditation commission or an institution that offers programs accredited by the engineering accreditation commission or that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying and has at least three years of engineering experience subsequent to receiving the degree;

                     (d) received a master's degree in an engineering discipline recognized by the board from a foreign educational institution where the program that was completed fulfills through evaluation the required curricular content and educational standards as defined by the national council of examiners for engineering and surveying and has at least three years of engineering experience in the United States subsequent to receiving the degree;

                     (e) received a doctorate degree in an engineering discipline recognized by the board from a board-approved engineering curriculum and has at least two years of engineering experience subsequent to receiving the degree; or

                     (f) at least six years of board-approved engineering experience after graduation from a school offering a board-approved, four-year engineering technology curriculum accredited by the technology accreditation commission of the accreditation board for engineering and technology, including the two years for engineer intern certification; or

                (2) the applicant is not certified as an engineer intern and has at least one of the following:

                     (a) received a bachelor's degree in an engineering discipline recognized by the board from a program accredited by the engineering accreditation commission or a program that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying and has twelve years of engineering experience subsequent to receiving the degree;

                     (b) received a master's degree in an engineering discipline recognized by the board from a program accredited by the engineering accreditation commission or an institution that offers programs accredited by the engineering accreditation commission or that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying and has at least six years of engineering experience subsequent to receiving the degree; or

                     (c) received a doctorate degree in an engineering discipline recognized by the board from a board-approved engineering curriculum and has at least four years of engineering experience subsequent to receiving the degree.

          C. Upon successfully completing the examination, required experience and all the requirements as noted in this section, the applicant shall be eligible to be licensed as a professional engineer upon action of the board.

          D. An applicant may be licensed by endorsement or comity if the applicant:

                (1) is currently licensed as an engineer in the District of Columbia, another state, a territory or a possession of the United States; provided that the licensure does not conflict with the provisions of the Engineering and Surveying Practice Act and that the standards required by the licensure or the applicant's qualifications equaled or exceeded the licensure standards in New Mexico at the time the applicant was initially licensed; [or]

                (2) is currently licensed as an engineer in a foreign country and can demonstrate, to the board's satisfaction, evidence that the licensure was based on standards that equal or exceed those currently required for licensure by the Engineering and Surveying Practice Act and can satisfactorily demonstrate to the board competence in current engineering standards and procedures; or

                (3) is currently licensed as an engineer in the District of Columbia, another state, a territory or a possession of the United States; provided that the applicant:

                     (a) has been actively licensed for the contiguous ten years immediately preceding application to New Mexico;

                     (b) has not received any form of disciplinary action related to the practice of engineering or professional conduct from any jurisdiction within the five years preceding application to New Mexico; and

                     (c) has not had the applicant's professional license suspended or revoked at any time from any jurisdiction."

     SECTION 4. Section 61-23-19 NMSA 1978 (being Laws 1987, Chapter 336, Section 19, as amended) is amended to read:

     "61-23-19. ENGINEERING--LICENSES--SEALS--INCIDENTAL ARCHITECTURAL WORK--SUPPLEMENTAL SURVEYING WORK.--

          A. The board shall issue licenses pursuant to the provisions of 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.

          C. An engineer shall have the right to engage in activities properly classified as architecture insofar as it is incidental to the engineer's work as an engineer; provided that the engineer shall not make any representation as being an architect or as performing architectural services unless duly registered as such.

          D. The board shall recognize that there may be occasions when professional engineers need to obtain supplemental survey information for the planning and design of an engineering project. A professional engineer who has primary engineering responsibility and control of an engineering project may perform supplemental surveying work in obtaining data incidental to that project. Supplemental surveying work may be performed by a professional engineer only on a project for which the engineer is providing engineering design services."

     SECTION 5. Section 61-23-27.3 NMSA 1978 (being Laws 1993, Chapter 218, Section 24, as amended) is amended to read:

     "61-23-27.3. CERTIFICATION OF SURVEYOR INTERN--REQUIREMENTS.--

          A. An applicant for certification as a surveyor intern shall file the appropriate application and demonstrate that the applicant:

                (1) is of good moral character and reputation;

                (2) has obtained at least a senior status in a board-approved, four-year curriculum in surveying; and

                (3) has three references, two of whom shall be licensed professional surveyors having personal knowledge of the applicant's knowledge and experience.

          B. After acceptance of the application by the board, the applicant shall be allowed to take the appropriate examination for certification as a surveyor intern.

          C. Upon successfully completing the examination and an approved four-year surveying curriculum, then by action of the board, the applicant may be certified as a surveyor intern.

          D. The certification of surveyor intern does not permit the intern to practice surveying. Certification as a surveyor intern is intended to demonstrate that the intern has obtained certain skills in surveying fundamentals and is pursuing a career in surveying.

          E. If otherwise qualified, a graduate of a board-approved but related curriculum of at least four years, to be considered for certification as a surveyor intern, shall have a specific record of [four] two years of combined office and field board-approved surveying experience obtained under the direction of a licensed professional surveyor. Class time will not be counted in the [four] two years of required experience, but work prior to or while attending school may be counted toward the [four] two years of required experience at the discretion of the board."

     SECTION 6. Section 61-23-27.8 NMSA 1978 (being Laws 1993, Chapter 218, Section 29, as amended) is amended to read:

     "61-23-27.8. SURVEYING LICENSES AND SEALS.--

          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."

- 10 -