New Mexico 2019 Regular Session Status: Enacted 1 D cosponsors

SB 77 — LANDOWNER LIABILITY FOR CAVE EXPLORATION

Last action — Signed

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

This bill has been enacted into law. Introduced December 17, 2018. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 72% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

53 added · 71 removed

Plain-language change summary

The amended SB 77 adds specific language to clarify that landowners in New Mexico who allow people to explore caves on their property do not have to ensure that the caves are safe or take on any responsibility for the safety of those using the land. This change is important because it encourages landowners to allow recreational activities, like cave exploring, without the fear of being held liable for accidents that may occur. Ultimately, this could lead to more access to recreational spaces for the public while protecting landowners from potential legal issues.

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SENATE BILL 77 54TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSIO, 2019 INTRODUCED BY William P.
AN ACT RELATING TO LANDOWNER LIABILITY;
Soules 6 8 10 AN ACT RELATING TO LANDOWNER LIABILITY;
15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 17-4-7 NMSA 1978 (being Laws 1967, e t 17 Chapter 6, Section 1, as amended) is amended to read:
Section 17-4-7 NMSA 1978 (being Laws 1967, Chapter 6, Section 1, as amended) is amended to read:
w l n d 18 "17-4-7.
"17-4-7.
LIABILITY OF LANDOWNER PERMITTING PERSONS TO = = 19 HUNT, FISH OR USE LANDS FOR RECREATION--DUTY OF CARE-- a l i a e r 20 EXCEPTIONS.-- a t m m 21 A.
LIABILITY OF LANDOWNER PERMITTING PERSONS TO HUNT, FISH OR USE LANDS FOR RECREATION--DUTY OF CARE--EXCEPTIONS.-- A.
Any owner, lessee or person in control of lands d r e 22 who, without charge or other consideration, other than a c e s k 23 consideration paid to the landowner by the state, the federal e a n b 24 government or any other governmental agency, grants permission u [ to any person or group to use the owner's, lessee's or land .211706.1 controller's lands for the purpose of hunting, fishing, trapping, camping, hiking, sightseeing, the operation of aircraft, cave exploring or any other recreational use does not thereby:
Any owner, lessee or person in control of lands who, without charge or other consideration, other than a consideration paid to the landowner by the state, the federal government or any other governmental agency, grants permission to any person or group to use the owner's, lessee's or land controller's lands for the purpose of hunting, fishing, trapping, camping, hiking, sightseeing, the operation of aircraft, cave exploring or any other recreational use does not thereby:
(3) assume responsibility or liability for any injury or damage to or caused by such person or group;
(3) assume responsibility or liability for SB 77 Page 1 any injury or damage to or caused by such person or group;
This section shall not limit the liability of any landowner, lessee or person in control of lands that may otherwise exist by law for injuries to any person granted e e 17 permission to hunt, fish, trap, camp, hike, sightsee, operate e e n d 18 aircraft, explore caves or use the land for recreation in = = l ] 19 exchange for a consideration, other than a consideration paid a l r i 20 to the landowner by the state, the federal government or any t e a t other governmental agency.
This section shall not limit the liability of any landowner, lessee or person in control of lands that may otherwise exist by law for injuries to any person granted permission to hunt, fish, trap, camp, hike, sightsee, operate aircraft, explore caves or use the land for recreation in exchange for a consideration, other than a consideration paid to the landowner by the state, the federal government or any other governmental agency.
m m 21 e d r e 22 C.
C.
For the purposes of this section, "cave" means a c e r c 23 natural, geologically formed void or cavity beneath the surface e a n b 24 of the earth, but does not mean a mine, tunnel, aqueduct or u [ other manmade excavation." .211706.1 - 2 -
For the purposes of this section, "cave" means a natural, geologically formed void or cavity beneath the surface of the earth, but does not mean a mine, tunnel, aqueduct or other manmade excavation." SB 77 Page 2 25
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Action History

  1. Signed

  2. passed House

  3. DO PASS committee report adopted

  4. Sent to House Judiciary Committee

  5. passed Senate

  6. DO PASS committee report adopted

  7. Sent to Senate Conservation Committee

  8. Sent to Senate Pre-file

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 111 not signed on · 5 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

Show all 111 →

"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

Votes

house passage

Passed 60 Yea · 10 Nay
Party YeaNayPresentNot Voting
Unaffiliated 29500
Republican 7500
Democrat 24000
Total 601000
% of votes cast 86%14%0%0%
How each member voted (70)
Member Party Vote
Akhil — Yea
Allison — Yea
Madrid — Yea
Martmnez, Javier — Yea
Bash — Yea
Pratt — Yea
Rehm — Yea
Salazar, Tomás — Yea
Sanchez — Yea
Stansbury — Yea
Garcma, M.P. — Yea
Gonzales — Yea
Hochman — Yea
Black — Nay
Alcon — Yea
Anderson — Nay
Baldonado — Yea
Bandy — Yea
Chasey — Yea
Cook — Yea
Crowder — Nay
Egolf — Yea
Ely — Yea
Fajardo — Yea
Harper — Yea
Lewis — Yea
Louis — Yea
Nibert — Yea
Powdrell-Culbert — Nay
Ruiloba — Yea
Schmedes — Nay
Stapleton — Yea
Strickler — Yea
Sweetser — Yea
Andrea Romero Democrat Yea
Angelica Rubio Democrat Yea
Antonio Maestas Democrat Yea
Christine Chandler Democrat Yea
D. Wonda Johnson Democrat Yea
Debra M. Sariñana Democrat Yea
Derrick J. Lente Democrat Yea
Doreen Y. Gallegos Democrat Yea
Elizabeth "Liz" Thomson Democrat Yea
G. Andrés Romero Democrat Yea
Joanne J. Ferrary Democrat Yea
Joy Garratt Democrat Yea
Linda M. Trujillo Democrat Yea
Linda M. Trujillo Democrat Yea
Linda M. Trujillo Democrat Yea
Martha Garcia Democrat Yea
Matthew McQueen Democrat Yea
Micaela Lara Cadena Democrat Yea
Natalie Figueroa Democrat Yea
Nathan P. Small Democrat Yea
Patricia A. Lundstrom Democrat Yea
Patricia Roybal Caballero Democrat Yea
Raymundo Lara Democrat Yea
Susan K. Herrera Democrat Yea
Alan T. Martinez Republican Yea
Candy Spence Ezzell Republican Nay
Cathrynn N. Brown Republican Yea
David M. Gallegos Republican Nay
Gail Armstrong Republican Yea
Gail Armstrong Republican Yea
Jack Chatfield Republican Yea
James G. Townsend Republican Nay
Larry R. Scott Republican Yea
Martin R. Zamora Republican Nay
Rebecca Dow Republican Yea
Rod Montoya Republican Nay

Official roll call →

senate passage

Passed 40 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 6000
Unaffiliated 22002
Democrat 12000
Total 40002
% of votes cast 95%0%0%5%
How each member voted (42)
Member Party Vote
PAPEN — Yea
PAYNE — Yea
BURT — Yea
PIRTLE — Yea
CANDELARIA — Yea
RODRIGUEZ — Yea
CISNEROS — Yea
RUE — Yea
FULFER — Yea
SANCHEZ — Yea
GOULD — Yea
SAPIEN — Yea
SEDILLO-LOPEZ — Yea
INGLE — Yea
IVEY-SOTO — Yea
KERNAN — Yea
SMITH — Yea
MOORES — Yea
NEVILLE — Yea
TALLMAN — Yea
WHITE — Yea
ORTIZ y PINO — Yea
O'NEILL — Not Voting
GRIGGS — Not Voting
Antoinette Sedillo Lopez Democrat Yea
Benny Shendo, Jr. Democrat Yea
Elizabeth "Liz" Stefanics Democrat Yea
George K. Muñoz Democrat Yea
Jeff Steinborn Democrat Yea
Joseph Cervantes Democrat Yea
Michael Padilla Democrat Yea
Mimi Stewart Democrat Yea
Pete Campos Democrat Yea
Peter Wirth Democrat Yea
Shannon D. Pinto Democrat Yea
William P. Soules Democrat Yea
Alan T. Martinez Republican Yea
Brian G. Baca Republican Yea
Craig W. Brandt Republican Yea
Gabriel Ramos Republican Yea
Pat Woods Republican Yea
William E. Sharer Republican Yea

Official roll call →

Subjects

public-safety agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 77?
SB 77 is sponsored by William P. Soules (Democrat).
What is the current status of SB 77?
This bill has been enacted into law. Introduced December 17, 2018. Enacted.
Where can I track SB 77?
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