Section 61-23-26 - Engineering; public work

It is unlawful for the state or any of its political subdivisions or any person to engage in the construction of any public work involving engineering unless the engineering is under the responsible charge of a licensed professional engineer. History: Laws 1987, ch. 336, § 26; 1993, ch. 218, § 20; 1999, ch. 259, § 17; 2017, ch. 42, § 12. ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978. Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-26 NMSA 1978, as amended by Laws 1979, ch. 363, § 21, relating to violations and penalties, effective June 19, 1987, and enacted a new section. The 2017 amendment, effective July 1, 2017, removed the provision requiring professional surveying to be executed under the charge of a licensed professional surveyor, and removed provisions exempting certain public works projects; in the catchline, added 'Engineering'; deleted the subsection designation 'A.', after 'political subdivisions', added 'or any person', after 'involving engineering unless the', deleted 'plans and specifications involving', after 'engineering', deleted 'have been prepared by and are' and added 'is', and after 'under the

any person', after 'involving engineering unless the', deleted 'plans and specifications involving', after 'engineering', deleted 'have been prepared by and are' and added 'is', and after 'under the responsible charge of a licensed professional engineer', deleted the remainder of the paragraph, which provided an exemption for certain public works projects; and deleted Subsection B, which provided an exemption for certain construction surveys of engineering and architectural public works projects from the Engineering and Surveying Practice Act. The 1999 amendment, effective June 18, 1999, deleted 'Engineering' at the beginning of the section heading, and substituted 'licensed' for 'registered' twice in Subsection A. The 1993 amendment, effective July 1, 1993, deleted former Subsection A, pertaining to adoption of rules governing the practice of engineering and surveying in public works project; redesignated former Subsections B and C as present Subsections A and B; deleted 'professional' preceding 'engineering' in two places in Subsection A; and made a minor stylistic change in Subsection A.