SENATE BILL 230
49th legislature - STATE OF NEW MEXICO - second session, 2010
INTRODUCED BY
Mary Jane M. Garcia
AN ACT
RELATING TO GOVERNMENT EFFICIENCY; CREATING THE ARCHITECTS BOARD BY COMBINING THE FUNCTIONS OF THE BOARD OF LANDSCAPE ARCHITECTS AND THE BOARD OF EXAMINERS FOR ARCHITECTS; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. [NEW MATERIAL] ARCHITECTS BOARD CREATED.--The "architects board" is created and is administratively attached to the regulation and licensing department.
Section 2. [NEW MATERIAL] ARCHITECTURE FUND CREATED.--The "architecture fund" is created in the state treasury. All funds received by the architects board and money collected pursuant to the Architectural Act and the Landscape Architects Act shall be deposited in the fund. All expenses certified by the board as properly and necessarily incurred in the discharge of its duties shall be paid on the warrant of the secretary of finance and administration issued upon vouchers signed by the chair of the architects board or the chair's designee; provided, however, that at no time shall the total warrants issued exceed the total amount of funds accumulated under the Architectural Act or the Landscape Architects Act. The secretary of finance and administration shall retain subaccounts representing income and expenses for examination, certification, registration and other items related to implementing and retaining professional standards for architects and landscape architects, respectively. Balances in the fund at the end of a fiscal year shall not revert and shall remain in the architecture fund for use in accordance with the provisions of the Architectural Act and the Landscape Architects Act.
Section 3. [NEW MATERIAL] MEMBERS--QUALIFICATIONS--TERMS--VACANCIES--REMOVAL.--
A. The architects board consists of nine members appointed by the governor for staggered terms of three years each. Three of the members shall be professional architects who have been registered as architects in New Mexico for at least ten years, one of whom is in architectural education in an accredited college of architecture. Three members shall be professional landscape architects who have been registered as landscape architects for at least five years. Three members shall be members of the public who shall not have been licensed as architects or landscape architects and shall have no financial interest, direct or indirect, in the occupations regulated.
B. The members of the architects board, each of whom shall be at least thirty years of age, a citizen of the United States and a resident of New Mexico for at least five years prior to the date of appointment, shall be appointed by the governor. Initial appointments shall be made in a manner that the terms of three members expire on June 30 of each year. Each member shall serve until the member's successor has been appointed and qualified. A vacancy shall be filled for the unexpired term by appointment by the governor of a person having similar qualifications as the member replaced.
C. The architects board shall meet within sixty days of the beginning of a fiscal year and elect from its membership a chair and vice chair. The board shall meet at other times as necessary or as deemed advisable by the chair and a majority of the members or the governor, but not less than four times per year. Reasonable notice of all meetings shall be given in the manner prescribed by the board. A majority of the board shall constitute a quorum at a meeting or hearing.
D. The governor may select members from the board of examiners for architects and the board of landscape architects whose terms have not expired on their respective former boards.
E. An architects board member shall receive a certificate of appointment from the governor and file with the secretary of state the constitutional oath of office prior to beginning the member's first term of office. The governor may remove any member from the board for neglect of a duty required by law, for incompetence or, if the member is a licensed architect or a licensed landscape architect, for any improper or unprofessional conduct as defined by rule of the board.
F. An architects board member is limited to two consecutive full terms in office, and a member who fails to attend three consecutive meetings shall be removed automatically from the board unless excused for reasons given by board rule.
Section 4. [NEW MATERIAL] ARCHITECTS BOARD OPERATION.--
A. An architects board member may participate in a meeting of the board by means of a conference telephone or other similar communications equipment so long as each member participating by conference telephone can be identified when speaking; all participants are able to hear each other at the same time; and members of the public attending the meeting are able to hear all board members who speak during the hearing.
B. The records of the board shall be prima facie evidence of the proceedings of the board set forth in the record and a transcript of the record, duly certified by the board under seal, shall be admissible in evidence with the same force and effect as if the original were produced.
C. The board shall keep a register of all applications for registration, which shall show the name, age and residence of each applicant, the date of application, the applicant's place of business, the applicant's educational and other qualifications, whether an examination was required, whether the applicant was rejected, whether a certificate of registration was granted, the date of the action of the board and any other information deemed necessary by the board.
D. The board shall protect from public disclosure board records and papers that are of a confidential nature and are not public records. These include examination material for examinations not yet given, file records of examination problem solutions, letters of inquiry and references concerning applicants, board inquiry forms concerning applicants and investigation files. All data, communications and information acquired by the board relating to actual or potential disciplinary action is confidential and shall not be disclosed.
E. The board shall make an annual roster to the secretary of state and each registered architect showing the names and addresses of all registered architects. Copies of the roster may be distributed or sold to the public.
Section 5. [NEW MATERIAL] BOARD POWERS AND DUTIES.--
A. The architects board may:
(1) administer oaths and take sworn testimony on matters within the board's jurisdiction;
(2) subpoena a party for a hearing on licensure or discipline of a registrant or the denial, suspension or revocation of a certificate of registration;
(3) offer, engage in and promote educational and other activities as it deems necessary to fulfill its duty to promote the public welfare;
(4) establish by rule for continuing education standards and requirements;
(5) set criteria for the training of intern architects and intern landscape architects;
(6) grant, deny, renew, suspend or revoke certificates of registration to practice landscape architecture in accordance with the provisions of the Uniform Licensing Act for any cause stated in the Landscape Architects Act and the Architectural Act;
(7) grant, deny, renew, suspend or revoke landscape architect in training certificates in accordance with the provisions of the Uniform Licensing Act for any cause stated in the Landscape Architects Act and the Architectural Act;
(8) conduct hearings upon charges relating to discipline of a registrant or the denial, suspension or revocation of a certificate of registration; and
(9) take a civil action to enforce the provisions of the Landscape Architects Act and the Architectural Act.
B. The architects board shall:
(1) promulgate, adopt and modify rules to carry out the provisions of the Architectural Act and the Landscape Architects Act;
(2) provide by rule for architects and landscape architects examinations, registration and re-registration of applicants and keep a complete record of all examinations and set examination fees;
(3) establish at least three subcommittees: one to carry out the licensing, regulation and certification of architects; the second to carry out the licensing, regulation and certification of landscape architects; and the third, a joint practice committee, in conjunction with the state board of licensure for professional engineers and surveyors, to promote the public welfare, promote and develop the highest professional standards in design, planning and construction and resolve ambiguities concerning the professions. The composition of the joint practice committee and its powers and duties shall be in accordance with identical resolutions adopted by the architects board and the state board of licensure for professional engineers and surveyors; and
(4) submit annually to the governor a report of its transactions of the preceding year accompanied by a complete statement of the receipts and expenditures of the board. The report shall be available to the public.
Section 6. Section 61-15-2 NMSA 1978 (being Laws 1979, Chapter 362, Section 2, as amended) is amended to read:
"61-15-2. DEFINITIONS.--As used in the Architectural Act:
A. "architect" means [any] an individual registered under the Architectural Act to practice architecture;
B. "architectural services" means the services, as defined by rule of the board, performed in the practice of architecture. These services include predesign services, programming and planning, providing designs, drawings, specifications, other technical submissions, administration of construction contracts, coordination of technical submissions prepared by others and such other professional services as may be necessary to the planning, progress and completion of any architectural services. An architect who has complied with all of the laws of New Mexico relating to the practice of architecture has a right to engage in the incidental practice of activities properly classifiable as engineering; provided that the architect does not [hold himself out to be] make any representation as being an engineer or as performing engineering services and further provided that the architect performs only that part of the work for which the architect is professionally qualified and uses qualified professional engineers, architects or others for those portions of the work in which the contracting architect is not qualified. Furthermore, the architect shall assume all responsibility for compliance with all laws, codes, rules and ordinances of the state or its political subdivisions pertaining to documents bearing an architect's professional seal;
C. "board" means the architects board [of examiners for architects];
D. "construction administration", when performed by an architect, means the interpretation of the drawings and specifications, the establishment of standards of acceptable workmanship and the observation of construction to determine its consistency with the general intent of the construction documents. Inspection of buildings by contractors, subcontractors or building inspectors or their agents shall not constitute construction administration;
E. "incidental practice" means the performance of other professional services that are related to an architect's performance of architectural services;
F. "intern architect" means a person who is actively pursuing completion of the requirements for diversified training in accordance with rules of the board;
G. "practice of architecture" means rendering or offering to render architectural services in connection with the design, construction, enlargement or alteration of a building or group of buildings and the space within the site surrounding those buildings, which have as their principal purpose human occupancy or habitation. "Practice of architecture" does not include the practice of engineering as defined in the Engineering and Surveying Practice Act but may include such engineering work as is incidental practice;
H. "project" means the building or group of buildings and the space within the site surrounding the buildings as defined by the construction documents; and
I. "responsible charge" means that all architectural services have been or will be performed under the direction, guidance and restraining power of a registered architect who has exercised professional judgment with respect thereto."
Section 7. Section 61-24B-3 NMSA 1978 (being Laws 1985, Chapter 151, Section 3, as amended) is amended to read:
"61-24B-3. DEFINITIONS.--As used in the Landscape Architects Act:
A. "board" means the architects board [of landscape architects];
B. "general administration of a construction contract" means the interpretation of drawings and specifications, the establishment of standards of acceptable workmanship and the periodic observation of construction to facilitate consistency with the general intent of the construction documents;
C. "landscape architect" means an individual registered under the Landscape Architects Act to practice landscape architecture;
D. "landscape architect in training" means an individual certified under the Landscape Architects Act who is actively pursuing completion of the requirements for licensure pursuant to that act; and
E. "landscape architecture" means the art, profession or science of designing land improvements, including consultation, investigation, research, design, preparation of drawings and specifications and general administration of contracts. Nothing contained in this definition shall be construed as authorizing a landscape architect to engage in the practice of architecture, engineering or land surveying as defined by Chapter 61, Articles 15 and 23 NMSA 1978."
Section 8. TEMPORARY PROVISION--TRANSFER OF FUNDS AND POWERS--REFERENCES IN LAW.--On July 1, 2010, all money from the fund of the board of examiners for architects and the landscape architects fund shall be transferred to the architecture fund. All references in law to the board of examiners for architects and the board of landscape architects shall be construed to be references to the architects board. On the effective date of this act, all powers and duties provided by law for the board of examiners for architects and the board of landscape architects are transferred to the architects board.
Section 9. TERMINATION OF BOARD LIFE--DELAYED REPEAL.--The architects board is terminated on July 1, 2015 pursuant to the Sunset Act. The board shall continue to operate until July 1, 2016. Effective July 1, 2016, the Architectural Act and the Landscape Architects Act are repealed.
Section 10. REPEAL.--Sections 61-15-3 through 61-15-5, 61-15-13, 61-24B-6, 61-24B-7, 61-24B-14, 61-24B-15 and
61-24B-17 NMSA 1978 (being Laws 1979, Chapter 362, Section 3, Laws 1931, Chapter 155, Sections 3 and 4, Laws 1979, Chapter 362, Section 10 and Laws 1985, Chapter 151, Sections 6, 7, 14, 15 and 18, as amended) are repealed.
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