SENATE BILL 168

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Sue Wilson Beffort

AN ACT

RELATING TO LIABILITY; LIMITING THE LIABILITY OF CHARITABLE SELLERS OF USED BABY EQUIPMENT.

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

     SECTION 1. SHORT TITLE.--This act may be cited as the "Charitable Seller of Baby Equipment Protection Act".

     SECTION 2. PURPOSE OF ACT.--The purpose of the Charitable Seller of Baby Equipment Protection Act is to provide consumers with affordable safety equipment for their children.

     SECTION 3. DEFINITIONS.--As used in the Charitable Seller of Baby Equipment Protection Act:

          A. "baby equipment" means equipment designed for use by, or for the benefit of, infants and small children; and

          B. "charitable seller" means an organization that is described in Section 501(c) of the federal Internal Revenue Code of 1986 and that is exempt from federal income taxation pursuant to Section 501(a) of that code.

     SECTION 4. IMMUNITY FROM LIABILITY--CHARITABLE SELLERS OF USED BABY EQUIPMENT.--Except as specifically preempted by federal law, a charitable seller of used baby equipment is not liable for injury or death caused by the used baby equipment.

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