SENATE BILL 16

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Steve Komadina

AN ACT

RELATING TO CIVIL EMERGENCY PREPAREDNESS; PROVIDING LIMITED LIABILITY TO A PERSON WHO VOLUNTARILY PROVIDES GOODS OR SERVICES TO ANOTHER PERSON FOR AN EMERGENCY SITUATION DECLARED BY THE GOVERNOR; REPEALING THE EMERGENCY LICENSING ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 12-10-8 NMSA 1978 (being Laws 1963, Chapter 193, Section 1, as amended) is amended to read:

     "12-10-8. CIVIL LIABILITY--LIMITED.--

          [Any] A. A person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege or otherwise permits the designation or use of the whole or any part of [his] the person's real estate or premises for the purpose of sheltering persons during an actual or impending enemy attack or other disaster shall, together with [his] the person's successors in interest, if any, not be civilly liable for negligently causing the death of or injury to [any] a person on or about the real estate or premises or for the loss of or damage to the property of [such] that person, providing [said] the premises have been approved either in whole or in part by the proper civil emergency preparedness authorities for [such] that purpose.

          B. A person, including the person's officers, directors, employees and agents when applicable, who voluntarily and without the expectation or receipt of compensation provides goods or services to another person in response to an order issued by the governor declaring a disaster or emergency, is not liable for injury or death to the other person or damage to the other person's property as the result of an act or failure to act in providing the goods or services if the:

                (1) goods or services are provided during the time and at the place of the declared disaster or emergency;

                (2) goods or services are intended to prevent or minimize harm to the other person or the other person's property; and

                (3) injury, death or damage was not caused by willful misconduct, gross negligence or bad faith."

     Section 2. REPEAL.--Sections 12-10-10.1 through 12-10-13 NMSA 1978 (being Laws 2005, Chapter 22, Section 5 and Laws 2002, Chapter 83, Sections 2 through 4) are repealed.

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