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HOUSE BILL 521
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
John Block
AN ACT
RELATING TO TOURISM; ENACTING THE AGRITOURISM PROMOTION ACT;
LIMITING THE LIABILITY OF AN AGRITOURISM OPERATOR IN CERTAIN
CIRCUMSTANCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Agritourism Promotion Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Agritourism Promotion Act:
A. "agritourism" means activities that allow
members of the public, for recreational, entertainment or
educational purposes, to view or enjoy rural activities,
including farming and ranching activities; historic, cultural
or natural attractions; harvesting; winemaking; farm-to-table
activities; and other similar agricultural experiences;
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B. "agritourism location" means a specific parcel
of land where an agritourism operator engages in agritourism;
C. "agritourism operator" means a person who is
engaged in the business of providing one or more agritourism
activities;
D. "inherent risks of agritourism" means dangers or
conditions that are an integral part of agritourism, including
certain hazards, such as surface and subsurface conditions;
natural conditions of land, vegetation, foliage and waters; the
behavior or presence of wild or domestic animals; exposure to
and use of farm equipment; and ordinary dangers of structures
or equipment ordinarily and routinely used in farming or
ranching operations. "Inherent risks of agritourism" includes
a participant's negligence; and
E. "participant" means a person who engages in
agritourism and assumes responsibility for the person's own
safety while adhering to posted rules and instructions.
SECTION 3. [NEW MATERIAL] LIMITED LIABILITY FOR
AGRITOURISM OPERATORS.--
A. Except as provided in Subsection B of this
section, an agritourism operator is not liable for injury to or
death of a participant resulting from the inherent risks of
agritourism as long as the warning contained in Section 4 of
the Agritourism Promotion Act is posted as required. Except as
provided in Subsection B of this section, a participant or
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participant's representative shall not maintain an action
against or recover from an agritourism operator for the loss,
injury or death of the participant resulting exclusively from
the inherent risks of agritourism or any dangerous condition
clearly communicated by the agritourism operator to the
participant via signage, waiver acknowledgments, warnings on
the operator's website or any other means of communication.
B. Subsection A of this section does not limit the
liability of an agritourism operator if the agritourism
operator:
(1) commits an act or omission that
constitutes willful, wanton or reckless disregard for the
safety of the participant and that act or omission proximately
causes injury or death to the participant;
(2) has actual knowledge or reasonably should
have known of a dangerous condition on the land or in the
facilities or equipment or the dangerous propensity of a
particular animal used in the course of agritourism and does
not make the danger known to the participant and the danger
proximately causes injury or death to the participant; or
(3) intentionally injures the participant.
C. An agritourism operator shall obtain a
certificate of insurance coverage.
D. The limitation on liability provided to an
agritourism operator by the Agritourism Promotion Act is in
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addition to any other limitation of liability otherwise
provided by law. Nothing in the Agritourism Promotion Act
shall be construed to limit, restrict or impede a person and an
agritourism operator to existing coverage provided pursuant to
state law.
E. In any action for damages arising from the
operation of agritourism, the agritourism operator may plead an
affirmative defense of assumption of risk by the participant.
SECTION 4. [NEW MATERIAL] POSTING OF NOTICE.--
A. An agritourism operator conducting agritourism,
whether the activities occur on or off the site of an
agritourism location, shall post a warning sign, which shall
serve as notice of the inherent risks of the agritourism
activity. Agritourism operators shall post the warning signs
at all entry points to the agritourism location and at key
activity sites. Each sign shall have lettering of at least one
inch in height and be in a conspicuous location where it is
clearly visible to participants. The warning sign shall
contain, at a minimum, the following statement:
"WARNING
Under New Mexico law, there is no liability for an injury
to or death of a participant in an agritourism activity
conducted at this location if the injury or death results from
the inherent risks of the agritourism activity. Inherent risks
include risks of injury inherent to land, equipment and
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animals, as well as the potential for a participant to act in a
negligent manner that may contribute to injury or death.".
B. Failure to post warning signs in the manner
provided pursuant to Subsection A of this section shall prevent
an agritourism operator from invoking the immunity provided by
the Agritourism Promotion Act.
SECTION 5. [NEW MATERIAL] RULEMAKING.--The office of
superintendent of insurance shall promulgate rules relating to
liability insurance accessibility for agritourism operators,
including state-backed insurance programs and tiered insurance
requirements based on the size and nature of an agritourism
operation.
SECTION 6. SEVERABILITY CLAUSE.--If any part or
application of the Agritourism Promotion Act is held invalid,
the remainder or its application to other situations or persons
shall not be affected.
SECTION 7. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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