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-SENATE BILL 313
-
-57th legislature - STATE OF NEW MEXICO - second session, 2026
-
-INTRODUCED BY
-
-Antoinette Sedillo Lopez
-
-AN ACT
-
-RELATING TO MOTOR VEHICLES; ELIMINATING PROVISIONS OF LAW THAT
-FAILURE TO BE SECURED BY A CHILD PASSENGER RESTRAINT DEVICE OR
-BY A SAFETY BELT AS REQUIRED BY THE SAFETY BELT USE ACT SHALL
-NOT IN ANY INSTANCE CONSTITUTE FAULT OR NEGLIGENCE AND SHALL
-NOT LIMIT OR APPORTION DAMAGES.
-
-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
-
-     SECTION 1.  Section 66-7-369 NMSA 1978 (being Laws 1983,
-Chapter 252, Section 2, as amended) is amended to read:
-
-     "66-7-369.  CHILD PASSENGER RESTRAINT--ENFORCEMENT.--
-
-          A.  A person shall not operate a passenger car, van
-or pickup truck in this state, except for an authorized
-emergency vehicle, public transportation or a school bus,
-unless all passengers less than eighteen years of age are
-properly restrained.
-
-          B.  Each person less than eighteen years of age
-shall be properly secured in a child passenger restraint device
-or by a safety belt, unless all seating positions equipped with
-safety belts are occupied, as follows:
-
-                (1)  children less than one year of age shall
-be properly secured in a rear-facing child passenger restraint
-device that meets federal standards, in the rear seat of a
-vehicle that is equipped with a rear seat.  If the vehicle is
-not equipped with a rear seat, the child may ride in the front
-seat of the vehicle if the passenger-side air bag is
-deactivated or if the vehicle is not equipped with a
-deactivation switch for the passenger-side air bag;
-
-                (2)  children one year of age through four
-years of age, regardless of weight, or children who weigh less
-than forty pounds, regardless of age, shall be properly secured
-in a child passenger restraint device that meets federal
-standards;
-
-                (3)  children five years of age through six
-years of age, regardless of weight, or children who weigh less
-than sixty pounds, regardless of age, shall be properly secured
-in either a child booster seat or an appropriate child
-passenger restraint device that meets federal standards; and
-
-                (4)  children seven years of age through twelve
-years of age shall be properly secured in a child passenger
-restraint device or by a seat belt.
-
-          C.  A child is properly secured in an adult seat
-belt when the lap belt properly fits across the child's thighs
-and hips and not the abdomen.  The shoulder strap shall cross
-the center of the child's chest and not the neck, allowing the
-child to sit all the way back against the vehicle seat with
-knees bent over the seat edge.
-
-          [D.  Failure to be secured by a child passenger
-restraint device, by a child booster seat or by a safety belt
-as required by this section shall not in any instance
-constitute fault or negligence and shall not limit or apportion
-damages.]"
-
-     SECTION 2.  Section 66-7-373 NMSA 1978 (being Laws 1985,
-Chapter 131, Section 4, as amended) is amended to read:
-
-     "66-7-373.  ENFORCEMENT PROGRAMS.--
-
-          [A.  Failure to be secured by a child passenger
-restraint device or by a safety belt as required by the Safety
-Belt Use Act shall not in any instance constitute fault or
-negligence and shall not limit or apportion damages.
-
-          B.] A.  The bureau in cooperation with the [state
-department of] public education department and the department
-of health shall, to the extent that funding allows, provide
-education to encourage compliance with the use of restraint
-devices in reducing the risk of harm to their users as well as
-to others.
-
-          [C.] B.  The bureau shall evaluate the effectiveness
-of the Safety Belt Use Act and shall include a report of its
-findings in the annual evaluation report on its highway safety
-plan that it submits to the national highway traffic safety
-administration and the federal highway administration under 23
-U.S.C. 402.
-
-          [D.] C.  The provisions of the Safety Belt Use Act
-shall be enforced whether or not associated with the
-enforcement of any other statute."
-
-- 4 -
+FIFTY-SEVENTH LEGISLATURE
+SECOND SESSION, 2026
+February 9, 2026
+Mr. President:
+Your COMMITTEES' COMMITTEE, to whom has been referred
+     SENATE BILL 313
+has had it under consideration and finds same to be GERMANE,
+pursuant to Senate Executive Message Number 73, and thence referred
+to the TAX, BUSINESS AND TRANSPORTATION COMMITTEE.
+Respectfully submitted,
+___________________________________
+Mimi Stewart, Chair
+Adopted_______________________ Not Adopted_______________________
+          (Chief Clerk)                          (Chief Clerk)
+                  Date ________________________
+The roll call vote was 9 For  0  Against
+Yes: Campos, Duhigg, Muñoz, Padilla, Sharer, Stefanics, Stewart,
+Wirth, Woods
+No: 0
+Excused: Brantley, Cervantes
+Absent: None
+SB0313CC1.wpd