2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 23 - Engineering and Surveying
Section 61-23-31.1 - Good samaritan. (Repealed effective July 1, 2024.)

A. A professional engineer or professional surveyor who voluntarily, without compensation, at the request of a state or local public official acting in an official capacity, provides aircraft structure, structural, aeronautical, electrical, mechanical, other engineering services or surveying at the scene of a declared national, state or local emergency caused by a major earthquake, hurricane, tornado, fire, explosion, flood, collapse or other similar disaster or catastrophic event, such as a terrorist act, shall not be liable for any personal injury, wrongful death, property damage or other loss caused by the engineer's or surveyor's acts, errors or omissions in the performance of any surveying or engineering services for any structure, building, piping or other engineered system, publicly or governmentally owned.

B. The immunity provided shall apply only to a voluntary engineering or surveying service that occurs within thirty days of the emergency, disaster or catastrophic event, unless extended by an executive order issued by the governor under the governor's emergency executive powers. Nothing in this section shall provide immunity for wanton, willful or intentional misconduct.

History: 1978 Comp., § 61-23-31.1, enacted by Laws 1993, ch. 218, § 38; 2005, ch. 69, § 15.

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

The 2005 amendment, effective June 17, 2005, adds aircraft structure and aeronautical services to the list of services that professional engineers and professional surveyors may provide without incurring liability and includes terrorists acts as catastrophic events.