New Mexico 2019 Regular Session Status: Passed Senate

SB 237 — LIMITATION ON SURVEYING ACTIONS

Last action — action postponed indefinitely

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

48 added · 16 removed

Plain-language change summary

The revised bill now includes provisions specifically addressing limitations on actions related to surveying for construction projects. It removes the previous sections that established a new statute for professional surveyors and incorporates those regulations into an existing section about construction projects. This change is significant because it clarifies and consolidates the rules governing negligence claims against surveyors under the same timeframe as other construction-related claims, ensuring consistency in how long individuals have to bring such legal actions.

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SENATE BILL 237 54 TH LEGISLATURE- STATE OF NEW MEXICO - FIRST SESSIO, 2019 INTRODUCED BY Carlos R.
SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILL 237 54 TH LEGISLATURE- STATE OF NEW MEXICO - FIRST SESSIO, 2019 4 6 8 10 AN ACT RELATING TO CIVIL ACTIONS;
Cisneros 6 8 10 AN ACT RELATING TO CIVIL ACTIONS;
INCLUDING SURVEYING IN THE LIMITATIONS ON ACTIONS FOR CONSTRUCTION PROJECTS.
ENACTING A STATUTE OF REPOSE FOR ACTIONS AGAINST PROFESSIONAL SURVEYORS.
A new section of Chapter 37, Article 1 NMSA 1978 is enacted to read:
Section 37-1-27 NMSA 1978 (being Laws 1967, Chapter 193, Section 1) is amended to read:
e t 17 "[NEW MATERIAL] SURVEYING--LIMITATION ON ACTIONS.--Except w l n d 18 for an action for fraud, no action against a professional = = 19 surveyor licensed pursuant to the Engineering and Surveying a l i a e r 20 Practice Act to recover damages for negligence, errors or a t m m 21 omissions in the making of a survey or for contribution or d r e 22 indemnity related to such acts, errors or omissions shall be c e s k 23 brought after ten years from the date of signature and seal of e a n b 24 the professional surveyor on the completed survey, or delivery u [ of the completed survey, whichever date occurs first." .211990.2
e t 17 "37-1-27.
CONSTRUCTION PROJECTS--LIMITATION ON ACTIONS w l n d 18 FOR DEFECTIVE OR UNSAFE CONDITIONS.--No action to recover = = 19 damages for any injury to property, real or personal, or for a l i a e r 20 injury to the person or for bodily injury or wrongful death a t m m 21 arising out of the defective or unsafe condition of a physical d r e 22 improvement to real property [nor any ] and no action for c e s k 23 contribution or indemnity for damages so sustained against any e a n b 24 person performing or furnishing the construction or the design, u [ planning, surveying , supervision, inspection or administration .214296.1 SJC/SB 237 of construction of [such ] the improvement to real property and on account of such activity shall be brought after ten years from the date of substantial completion of [such ] the improvement or work.
Provided, this limitation shall not apply to any action based on a contract, warranty or guarantee [which] that contains express terms inconsistent [herewith] with the provisions of this section .
The "date of substantial completion" [shall mean ] means the date when construction is sufficiently completed so that the owner can occupy or use the improvement for the purpose for which it was intended or the date on which the owner does so occupy or use the improvement or the date established by the contractor as the date of substantial completion, whichever date occurs last." - 2 - 16 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .214296.1
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Action History

  1. action postponed indefinitely

  2. Sent to House State Government, Elections & Indian Affairs Committee

  3. passed Senate

  4. DO NOT PASS, replaced with committee substitute

  5. DO PASS committee report adopted

  6. Sent to Senate Corporations and Transportation Committee & Senate Judiciary Committee

  7. Sent to Senate Pre-file

Sponsors

  • Carlos R. Cisneros · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

  • Cisneros, Carlos R.

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors SB 237?
SB 237 is sponsored by Cisneros, Carlos R..
What is the current status of SB 237?
This bill died with 2019 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 237?
Track SB 237 free on One Click Politics — get push/email alerts when it moves.

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