February 25, 1999

Mr. Speaker:

Your BUSINESS AND INDUSTRY COMMITTEE, to whom has been referred

HOUSE BILL 559

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 4, line 5, strike "engineering surveys that include".

2. On page 4, strike lines 6, 7 and 8 in their entirety.

3. On page 4, line 9, strike "easements and surveys of public lands" and insert in lieu thereof "surveying work as defined in this section and the use of photogrammetric methods to derive topographic and other data".

4. On page 7, strike the bracket and line through lines 8 through 12 and line 13 up to the period.

5. On page 7, line 13, after the period insert:

"Engineering surveys may be performed by a licensed professional engineer on a project for which he is providing engineering design services. Engineering surveys include topographic surveying activities required to support the sound conception, planning, design, construction, maintenance and operation of said projects but exclude the surveying of real property for establishment of land boundaries, rights of way, easements and the dependent or independent surveys or resurveys of the public land system.".

6. On page 41, between lines 15 and 16, insert the following new Section 26 to read as follows:

"Section 26. Section 61-23-27.10 NMSA 1978 (being Laws 1993, Chapter 218, Section 31) is amended to read:

"61-23-27.10. SURVEYING EXEMPTIONS.--

[A. Officers and employees of the government of the United States engaged within New Mexico in the practice of surveying for the government, provided that they offer no surveying services to the public and further provided that services do not affect the public, shall be exempt from the Engineering and Surveying Practice Act.

B. A surveyor employed by] An employee of a firm, association or corporation who performs only the surveying services involved in the operation of the employer's business shall be exempt from the provisions of the Engineering and Surveying Practice Act, provided that neither the employee nor the employer offers surveying services to the public, and provided that the surveying services performed do not include any determination, description, portraying, measuring or monumentation of the boundaries of a tract of land."".

7. Renumber the succeeding sections accordingly.

8. On page 50, line 23, after "61-23-27.2" strike the comma, on line 24, strike "61-23-27.10" and on line 25, strike ", 31".,

and thence referred to the JUDICIARY COMMITTEE.

Respectfully submitted,

Debbie A. Rodella, Chairwoman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 10 For 0 Against

Yes: 10

Excused: Sanchez

Absent: Hobbs

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