A surveyor employed by a business entity who performs only the surveying services involved in the operation of the business entity's or an affiliated business entity'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 further that any such surveying services are limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity or an affiliated business entity that employs the surveyor; and provided further that the surveying services performed do not include any determination, description, portraying, measuring or monumentation of the boundaries of a tract of land. Performance of surveying on public works projects pursuant to Section 61-23-27.13 NMSA 1978 or within off-premises easements constitutes work within a public space and is subject to the Engineering and Surveying Practice Act. History: 1978 Comp., § 61-23-27.10, enacted by Laws 1993, ch. 218, § 31; 1999, ch. 259, § 26; 2017, ch. 42, § 15; 2023, ch. 79, § 11. Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978. The 2023 amendment, effective June 16, 2023, provided the condition that the surveying services that are exempt from the provisions of the Engineering and Surveying Practice Act must be limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity, and clarified language; deleted "An employee of" and added "A surveyor employed by", after "business entity's", added "or an affiliated business entity's", and after "services to the public", added "and provided further that any such surveying services are limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity or an affiliated business entity that employs the surveyor", after "Section 61-23-27.13 NMSA 1978", added "or within off-premises easements", and after "public space and is", deleted "not exempt" and added "subject to the Engineering and Surveying Practice Act". The 2017 amendment, effective July 1, 2017, clarified that the performance of surveying on public works projects is not exempt from the Engineering and Surveying Practice Act; after "An employee of a", deleted "firm, association or corporation" and added "business entity", after "involved in the operation of the", deleted "employer's" and added "business entity's", after "the employee nor the", deleted "employer" and added "business entity", after "and provided", added "further", and added the last sentence. The 1999 amendment, effective June 18, 1999, deleted the former subsection designations; deleted former Subsection A, which read "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"; substituted "An employee of a firm" for "A surveyor employed by the firm" at the beginning of the section; and added the second proviso at the end of the section.
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