2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 27B - Private Investigations
Section 61-27B-4 - Persons exempted. (Repealed effective July 1, 2024.)

A. As used in this section, "temporary" means a period of time not to exceed the duration of one private event or one school or nonprofit organization event, as described in Paragraphs (2) and (3) of Subsection B of this section.

B. Investigations Act does not apply to:

(1) an individual employed exclusively and regularly by one employer in connection with the affairs of that employer, provided that the individual patrols or provides security only on the premises of the employer as limited by the employer;

(2) an individual employed exclusively to provide temporary security at a private event that is not open to the public;

(3) individuals providing temporary security at athletic or other youth events and where the events occur under the auspices of a public or private school or a nonprofit organization;

(4) an attorney licensed in New Mexico conducting private investigations while engaged in the practice of law;

(5) an officer or employee of the United States or this state or a political subdivision of the United States or this state while that officer or employee is engaged in the performance of the officer's or employee's official duties;

(6) a person engaged exclusively in the business of obtaining and furnishing information concerning the financial rating of persons;

(7) a charitable philanthropic society or association duly incorporated under the laws of this state that is organized and maintained for the public good and not for private profit;

(8) a licensed collection agency or an employee of the agency while acting within the scope of employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or the debtor's property;

(9) admitted insurers, adjusters, agents and insurance brokers licensed by the state performing duties in connection with insurance transactions by them; or

(10) an institution subject to the jurisdiction of the director of the financial institutions division of the department or the comptroller of currency of the United States.

History: Laws 1993, ch. 212, § 4; § 61-27A-4 recompiled as § 61-27B-4; Laws 2007, ch. 115, § 4.

Delayed repeal. — For delayed repeal of the section, see 61-27B-36 NMSA 1978.

Recompilations. — For recompilation of this section, see compiler's note following 61-27B-1 NMSA 1978.

The 2007 amendment, effective July 1, 2007, exempts individuals who patrol or provide security only on the premises of their employer, who provide temporary security at a private event that is not open to the public, who provide temporary security at athletic or youth events where the events occur under the auspices of a public or private school or nonprofit organization and exempt attorneys licensed in New Mexico who conduct private investigations while engaged in the practice of law.

Engineer investigating speed of cars in accident is exempt. — Testimony by expert witness, a registered professional engineer, whether "as an engineer" or as a traffic expert concerning the accident and arriving at his opinion as to the speed of the defendant's car was not controlled by the Private Investigators Act (former Sections 61-27-1 to 61-27-49 NMSA 1978) and therefore his testimony was not barred by the fact that he was not a licensed private investigator. Dahl v. Turner, 1969-NMCA-075, 80 N.M. 564, 458 P.2d 816, cert. denied, 80 N.M. 608, 458 P.2d 860 (decided under former law) (now Rule 11-702 NMRA).

Full-time public school guards exempt. — A full-time security and patrol force to guard the Albuquerque public school system which is under the supervision and guidance of school authorities is exempt from the provisions of the Private Investigations Act (former Sections 61-27-1 to 61-27-49 NMSA 1978). 1970 Op. Att'y Gen. No. 70-87 (rendered under former law).

Part-time off-duty police officer checking identification not exempt. — An off-duty municipal police officer or county sheriff's deputy cannot work part time checking identification cards at a liquor establishment (and being compensated by the liquor establishment) without being licensed by the Private Investigators Act (former Sections 61-27-1 to 61-27-49 NMSA 1978). 1974 Op. Att'y Gen. No. 74-15 (rendered under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits §§ 18, 27, 34 to 38.

53 C.J.S. Licenses §§ 35, 36.