HB 919
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AN ACT
RELATING TO CRIMINAL OFFENSES; PROVIDING FOR LIABILITY FOR
COSTS INCURRED FOR FIGHTING A FOREST FIRE AND FOR DAMAGES;
PROVIDING FOR ARREST FOR VIOLATION OF FOREST FIRE LAWS;
REPEALING SECTION 30-32-2 NMSA 1978 (BEING LAWS 1921, CHAPTER
33, SECTION 5, AS AMENDED).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 30-32-1 NMSA 1978 (being Laws 1921,
Chapter 33, Section 4, as amended) is amended to read:
"30-32-1. FIRES EXTINGUISHED BY OFFICERS--
RESPONSIBILITY FOR COSTS.--
A. As used in this section, "forest fire" means a
fire burning uncontrolled on lands covered wholly or in part
by timber, brush, grass, grain or other inflammable
vegetation.
B. A person who willfully or recklessly sets a
forest fire or causes a forest fire to be set for which
efforts to control or extinguish the fire are exerted by the
forestry division of the energy, minerals and natural
resources department; an agency under agreement with the
energy, minerals and natural resources department; a county or
municipality; or any fire protection agency of the United
States may be liable for the costs incurred, including
expenses for fighting the fire and costs of investigation.
pg_0002
Section 2. Section 30-32-3 NMSA 1978 (being Laws 1921,
Chapter 33, Section 6) is amended to read:
"30-32-3. ARREST FOR VIOLATIONS.--All peace officers of
the state, including department of game and fish conservation
officers, have the power to make arrests on warrant issued by
any magistrate of the state for violation of any of the state
forest fire laws, including Chapter 68, Article 2 NMSA 1978,
rules implementing Chapter 68, Article 2 NMSA 1978 or fire
restrictions issued pursuant to such rules, or without warrant
for violations of those laws committed in their presence, and
shall not be liable to civil action for trespass for acts done
in the discharge of their duties."
Section 3. REPEAL.--Section 30-32-2 NMSA 1978 (being
Laws 1921, Chapter 33, Section 5, as amended) is repealed.
HB 919
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