HOUSE BILL 268

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

INTRODUCED BY

Rodolpho "Rudy" S. Martinez

 

 

 

 

 

AN ACT

RELATING TO PROFESSIONAL LICENSURE; CHANGING THE STANDARDS FOR LICENSING SURVEYORS AND SURVEYOR INTERNS.

 

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

     SECTION 1. 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] a board-approved status in a board-approved [four-year curriculum in] surveying or related science curriculum; 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 or related science 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] a candidate 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 2. Section 61-23-27.4 NMSA 1978 (being Laws 1993, Chapter 218, Section 25, as amended) is amended to read:

     "61-23-27.4. LICENSURE AS A PROFESSIONAL SURVEYOR--GENERAL REQUIREMENTS.--

          A. Licensure as a professional surveyor may be either through examination, through experience or through endorsement or comity. [In either case] An applicant shall file the appropriate application to demonstrate that the applicant:

                (1) is of good moral character and reputation;

                (2) is certified as a surveyor intern; and

                [(3) has at least four years of board-approved surveying experience if graduated from a four-year, board-approved surveying curriculum as defined by board rule;

                (4)] (3) has five references, three of which shall be from licensed professional surveyors having personal knowledge of the applicant's surveying experience; and either

                (4) after attaining a survey intern certificate, has at least four years of board-approved surveying experience under the direct supervision of a licensed professional surveyor and has completed a board-approved surveying curriculum as defined by board rule;

                (5) [if graduated from a board-approved, four-year] after attaining a survey intern certificate, has at least four years of board-approved surveying experience under the direct supervision of a licensed professional surveyor and has completed a board-approved related science curriculum as [specifically] defined by board rules [has a minimum of four years of board-approved surveying experience subsequent to certification as a surveyor intern]; or

                (6) has a certification as a New Mexico surveyor intern and at least fifteen years of continuous experience in New Mexico performing all duties of surveying practice under the direct supervision of a licensed surveyor and has obtained an associate's degree in a board-approved surveying or a related science curriculum or its equivalent as defined by board rules and has no record of a violation of the Engineering and Surveying Practice Act.

          B. The applicant's experience pursuant to Paragraphs [(3) and (5)] (4) through (6) of Subsection A of this section shall, at a minimum, include three years of increasingly responsible experience in boundary surveying [and four years of increasingly responsible experience under the direct supervision of a licensed professional surveyor].

          C. If an applicant satisfies the requirements under Paragraphs (1), (2) and (3) of Subsection A of this section, after acceptance of the application by the board, the applicant shall be allowed to take the appropriate examination for licensure as a professional surveyor.

          D. Upon successfully completing [the examination] all required examinations, the applicant shall be eligible to be licensed as a professional surveyor upon action of the board.

          E. An applicant who satisfies the requirements under Paragraph (6) of Subsection A of this section and who successfully completes an examination administered by the board shall be eligible to be licensed as a professional surveyor upon action of the board.

          [E.] F. If otherwise qualified, an applicant may be licensed if the applicant is currently licensed as a professional surveyor in:

                (1) the District of Columbia, another state, a territory or a possession of the United States; provided that:

                     (a) licensure does not conflict with the provisions of the Engineering and Surveying Practice Act and that the standards required for licensure and the applicant's qualifications equaled or exceeded the licensure standards in New Mexico at the time the applicant was initially licensed; and

                     (b) the applicant has passed examinations the board deems necessary to determine the applicant's qualifications, including a written examination that includes questions on laws, procedures and practices pertaining to surveying in this state; or

                (2) a foreign country and can demonstrate to the board's satisfaction:

                     (a) 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

                     (b) competence in current surveying standards and procedures by passing examinations the board deems necessary to determine the applicant's qualification, including a written examination that includes questions on laws, procedures and practices pertaining to surveying in New Mexico."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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