SENATE BILL 464

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Antonio Maestas

AN ACT

RELATING TO TOURISM; ENACTING THE AGRITOURISM PROMOTION ACT; LIMITING THE LIABILITY OF AN AGRITOURISM OPERATOR.

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

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Agritourism Promotion Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Agritourism Promotion Act:

          A. "agritourism" means activities that allow members of the public, for recreational, entertainment or educational purposes, to view or enjoy rural activities, including farming activities, ranching activities or historic, cultural or natural attractions for recreational, entertainment or educational purposes;

          B. "agritourism location" means a specific parcel of land where an agritourism operator engages in agritourism;

          C. "agritourism operator" means a person who is engaged in the business of providing one or more agritourism activities;

          D. "inherent risks of agritourism" means dangers or conditions that are an integral part of agritourism, including certain hazards, such as surface and subsurface conditions; natural conditions of land, vegetation and waters; the behavior of wild or domestic animals; and ordinary dangers of structures or equipment ordinarily used in farming or ranching operations. "Inherent risks of agritourism" includes a participant's negligence; and

          E. "participant" means a person who engages in agritourism.

     SECTION 3. [NEW MATERIAL] LIMITED LIABILITY FOR AGRITOURISM OPERATORS.--

          A. Except as provided in Subsection B of this section, an agritourism operator is not liable for injury to or death of a participant resulting from the inherent risks of agritourism as long as the warning contained in Section 4 of the Agritourism Promotion Act is distributed and signed as required. Except as provided in Subsection B of this section, a participant or participant's representative may not maintain an action against or recover from an agritourism operator for the loss, damage or death of the participant resulting exclusively from the inherent risks of agritourism.

          B. Subsection A of this section does not limit the liability of an agritourism operator if the agritourism operator:

                (1) commits an act or omission that constitutes willful, wanton or reckless disregard for the safety of the participant and that act or omission proximately causes injury, damage or death to the participant;

                (2) has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the course of agritourism and the danger proximately causes injury, damage or death to the participant; or

                (3) intentionally injures the participant.

          C. An agritourism operator shall obtain a certificate of insurance coverage in the amount of at least one million dollars ($1,000,000) that covers liability by the agritourism operator for agritourism. An agritourism operator that fails to maintain the insurance requirements of this section shall not receive the protections afforded by the Agritourism Promotion Act.

          D. The limitation on liability provided to an agritourism operator by the Agritourism Promotion Act is in addition to any other limitation of liability otherwise provided by law. Nothing in the Agritourism Promotion Act shall be construed to limit, restrict or impede a person and an agritourism operator to existing coverage provided pursuant to state law.

          E. In any action for damages arising from the operation of agritourism, the agritourism operator may plead an affirmative defense of assumption of risk by the participant.

     SECTION 4. [NEW MATERIAL] WARNING REQUIREMENT.--

          A. An agritourism operator conducting agritourism, whether the activities occur on or off the site of an agritourism location, shall require each participant, or the parent or the guardian of a participant who is not of capacity, to sign a warning statement. The warning statement shall contain, at a minimum, the following statement:

          "WARNING AND ACKNOWLEDGMENT

     I understand and acknowledge that under New Mexico law, there is no liability for injury to or death sustained by a participant in the course of agritourism provided by an agritourism operator if the injury or death results from the inherent risks of agritourism. Injuries caused by the inherent risks of agritourism may include, among others, death, bodily injury, emotional injury or property damage. I assume all risk of participating in agritourism.".

          B. Failure to provide the warning statement required by this section to a participant shall prevent an agritourism operator from invoking the immunity provided by the Agritourism Promotion Act with regard to that participant.

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