HOUSE BILL 445

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

INTRODUCED BY

Joni Marie Gutierrez

AN ACT

RELATING TO TORTS; PROVIDING EXCLUSION FROM THE WAIVER OF IMMUNITY FOR IRRIGATION AND CONSERVANCY DISTRICTS THAT AUTHORIZE ANY PART OF THEIR PROPERTY TO BE USED AS PART OF TRAILS WITHIN A STATE PARK, STATE TRAIL SYSTEM OR A LOCAL PUBLIC TRAIL.

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

     Section 1. Section 41-4-6 NMSA 1978 (being Laws 1976, Chapter 58, Section 6, as amended) is amended to read:

     "41-4-6. LIABILITY--BUILDINGS, PUBLIC PARKS, MACHINERY, EQUIPMENT AND FURNISHINGS.--

          A. The immunity granted pursuant to Subsection A of Section [5-14-4 NMSA 1953] 41-4-4 NMSA 1978 does not apply to liability for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation or maintenance of any building, public park, machinery, equipment or furnishings.

          B. Nothing in this section shall be construed as granting waiver of immunity for any damages arising out of the operation or maintenance of works used for diversion or storage of water.

          C. All irrigation and conservancy districts and their public employees acting lawfully and within the scope of their duties that authorize any part of their property to be used as part of trails within a state park, the state trail system or a trail established and managed by a local public body are excluded from the waiver of liability under Subsection A of this section for damages arising out of the operation or maintenance of that state park, state trail system or local public trail."

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