Summary:

 House  Bill HB 521 enacts the Agritourism Promotion Act and limits the liability of an agritourism operator in certain circumstances. 

Legislation Overview:

 House Bill 521 enacts the Agritourism Promotion Act and limits the liability of an agritourism operator.
SECTION 1 enacts the Agritourism Promotion Act (Act).
SECTION 2 provides definitions as used in the Act.
SECTION 3 adds new material limiting 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 Act is distributed and signed as required. Except as provided in Subsection B of this section, a participant may not maintain an action against or recover from an agritourism operator for the loss, damage or death of the participant resulting exclusively from the inherent risks of agritourism. 
B. Subsection A of this section does not limit the liability of an agritourism operator if the operator commits any of the acts listed in this subsection. 
C. An agritourism operator shall obtain a certificate of insurance coverage.
D. The limitation on liability provided to an agritourism operator by the Act is in addition to any other limitation of liability otherwise provided by law. Nothing in the 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 operator may plead an affirmative defense of assumption of risk by the participant. 
SECTION 4 adds new material titled: 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
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. adds new material to provide 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 is a 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 makes the effective date July 1, 2025.