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F I S C A L I M P A C T R E P O R T
SPONSOR King
ORIGINAL DATE
LAST UPDATED
2-6-07
3-16-07 HB 919/aHJC
SHORT TITLE Liability for Costs of Fighting Forest Fires
SB
ANALYST Woods
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY07
FY08
NFI
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates SB798
SOURCES OF INFORMATION
LFC Files
Responses Received From
Energy, Minerals, and Natural Resources Department (EMNRD)
SUMMARY
Synopsis of HJC Amendment
House Judiciary Committee amendment to House Bill 919 replaces the word negligently with
recklessly, on Page 2, line seventeen (17) of the bill. The word “shall", on Page 2, line twenty-
three (23) is replaced with the word “may". The amendment also removes the words “and
litigation, including reasonable attorney fees" on Page 2, line twenty-five (25) and on Page 3,
line one (1). In addition, all of Section 3, beginning on Page 3, line sixteen (16) is removed.
EMNRD notes that the amendment uses the word recklessly instead of negligently when
determining the type of fire start that is eligible for cost reimbursement. A person acts recklessly
when they consciously disregard a substantial and unjustifiable risk. A person who willfully or
recklessly starts a fire now “may", rather than “shall", be liable for fire suppression costs
incurred by the Forestry Division or cooperating entity that has an agreement with the Energy,
Minerals and Natural Resources Department for wildfire suppression. The costs of litigation and
attorney fees relating to fire suppression cost recovery will be borne by the entity attempting to
recover the costs. The amendment removes the reference to NMSA 1978, Section 30-32-4