reglab/housing_qa huggingface dataset:
NM Stat § 41-4-27 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4 - Tort Claims|Section 41-4-27 - Home rule municipality; joint powers agreements; coverage.

A. Any county covered through the public liability fund pursuant to Subsection A of Section 41-4-25 NMSA 1978 may enter into a joint powers agreement with a home rule municipality which has elected to be covered pursuant to Subsection B of Section 41-4-25 NMSA 1978, providing for exercise of certain of the county's powers or duties under the agreement. Any such joint powers agreement may provide for public liability fund coverage of a stated percentage of risks arising from exercise of the county's powers or duties. B. Public liability fund coverage which may be provided under any such joint powers agreement shall be: (1) limited to public liability fund coverage available to the county pursuant to Subsection A of Section 41-4-25 NMSA 1978; and (2) subject to the prior approval of the risk management advisory board. C. All coverage pursuant to this section shall terminate upon the date the joint powers agreement terminates. D. For covering a risk pursuant to this section, the risk management division shall assess the county the full amount to be assessed for covering the entire risk under current regular risk management division assessment rates and schedules, plus any applicable penalties and surcharges, without adjustment based upon the percentage of risk for which the county is liable. History: 1978 Comp., § 41-4-27, enacted by Laws 1981, ch. 118, § 2. ANNOTATIONSTwo-year statute of limitations applicable to negligence suit involving public utility's employee. — Section 41-4-15 NMSA 1978 of the Tort Claims Act, allowing two years to bring suit, and not the one-year limitation of 37-1-24 NMSA 1978, which refers to the time for bringing suits in negligence against any city, town or village, or any officers thereof, applies to a suit for negligence of a public employee in the operation of a public utility. Cozart v. Town of Bernalillo, 1983-NMCA-053, 99 N.M. 737, 663 P.2d 713.
NM Stat § 41-4-28 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4 - Tort Claims|Section 41-4-28 - Coverage for liability subject to foreign jurisdiction's law.

A. Coverage which may be provided for liability arising under and subject to the substantive law of a jurisdiction other than New Mexico, including but not limited to other states, territories and possessions and the United States, is not limited as provided in Section 41-4-19 NMSA 1978. B. The risk management division shall purchase liability insurance coverage for all local public bodies otherwise participating in the public liability fund for liability arising under and subject to the substantive law of a jurisdiction other than New Mexico, including but not limited to other states, territories and possessions and the United States. The risk management division shall purchase such liability insurance only if the director of the risk management division determines that the coverage offered is satisfactory and available at reasonable cost. If satisfactory coverage is unavailable at reasonable cost, the risk management division may offer a certificate through the public liability fund in limits not to exceed one million dollars ($1,000,000) per occurrence. Any liability insurance shall provide coverage only for amounts in excess of the limits set forth in Section 41-4-19 NMSA 1978. Local public bodies shall obtain excess coverage for such foreign jurisdiction liability by paying into the public liability fund an assessment, determined by the director of the risk management division, based on the cost of the insurance and the risks to be insured. If such insurance is unavailable on a satisfactory basis or at reasonable cost and the risk management division does not provide a certificate or insurance with satisfactory limits, local public bodies shall cover such liability in accordance with Subparagraph (c) of Paragraph (1) of Subsection A of Section 41-4-20 NMSA 1978. C. Nothing in this section shall be construed as a waiver of any sovereign or governmental immunity. History: 1978 Comp., § 41-4-27, enacted by Laws 1981, ch. 268, § 2; 1986, ch. 102, § 10. ANNOTATIONSEmergency clauses. — Laws 1986, ch. 102, § 11 contained an emergency clause and was approved March 5, 1986. Compiler's notes. — This section was originally enacted as 41-4-27 NMSA 1978 by Laws 1981, ch. 268, § 2, but was recompiled as 41-4-28 NMSA 1978 in light of the enactment of 41-4-27 NMSA 1978 by Laws 1981, ch. 118, § 2. Cross references. — For risk management division, see 15-7-2 NMSA 1978.
NM Stat § 41-4-29 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4 - Tort Claims|Section 41-4-29 - Governmental entities; health care students liability coverage; authority to purchase.

A. Governmental entities may purchase public liability fund coverage, if offered, for health care liability of health care students currently enrolled in health care instructional programs provided by or through the governmental entity. B. The risk management division of the general services department may provide public liability fund coverage for health care liability of health care students currently enrolled in health care instructional programs provided by or through a governmental entity. Such coverage shall be limited to health care liability risks arising out of assigned health care instructional activities. C. This section shall not be construed as waiving or otherwise affecting any governmetal [governmental] entity's sovereign immunity or any other limitations or protections under the Tort Claims Act or any other law. This section shall not be construed as creating any right of action against any governmental entity or any of its officers, employees or servants for any activities insured pursuant to this section. History: Laws 1981, ch. 269, § 1; 1983, ch. 301, § 77. ANNOTATIONSEffective dates. — Laws 1983, ch. 301, § 85 made Laws 1983, ch. 301, § 77 effective July 1, 1983. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 41-4-30 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4 - Tort Claims|Section 41-4-30 - Liability coverage; certain community land grants.

Notwithstanding the provisions of Paragraph (1) of Subsection A of Section 41-4-25 NMSA 1978 to the contrary, a community land grant governed as a political subdivision of the state upon application to the risk management division of the general services department shall be authorized to purchase coverage for any risk for which immunity has been waived under the Tort Claims Act through the public liability fund, exclusive of coverage of an activity conducted by the community land grant that is determined by the director of the risk management division pursuant to division rules to be a business enterprise. History: Laws 2010, ch. 22, § 1. ANNOTATIONSEffective dates. — Laws 2010, ch. 22 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
NM Stat § 41-4A-1 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4A - New Mexico Civil Rights|Section 41-4A-1 - Short title.

This act [41-4A-1 to 41-4A-13 NMSA 1978] may be cited as the "New Mexico Civil Rights Act".History: Laws 2021, ch. 119, § 1. ANNOTATIONSEffective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 1 effective July 1, 2021.
NM Stat § 41-4A-2 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4A - New Mexico Civil Rights|Section 41-4A-2 - Definition.

As used in the New Mexico Civil Rights Act, "public body" means a state or local government, an advisory board, a commission, an agency or an entity created by the constitution of New Mexico or any branch of government that receives public funding, including political subdivisions, special tax districts, school districts and institutions of higher education, but not including an acequia or community ditch, a soil and water conservation district, a land grant-merced, a mutual domestic water consumers association or other association organized pursuant to the Sanitary Projects Act [Chapter 3, Article 29 NMSA 1978] or a water users' association.History: Laws 2021, ch. 119, § 2. ANNOTATIONSEffective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 2 effective July 1, 2021.
NM Stat § 41-4A-3 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4A - New Mexico Civil Rights|Section 41-4A-3 - Claim for violation of rights established pursuant to the bill of rights of the constitution of New Mexico.

A. A public body or person acting on behalf of, under color of or within the course and scope of the authority of a public body shall not subject or cause to be subjected any resident of New Mexico or person within the state to deprivation of any rights, privileges or immunities secured pursuant to the bill of rights of the constitution of New Mexico.B. A person who claims to have suffered a deprivation of any rights, privileges or immunities pursuant to the bill of rights of the constitution of New Mexico due to acts or omissions of a public body or person acting on behalf of, under color of or within the course and scope of the authority of a public body may maintain an action to establish liability and recover actual damages and equitable or injunctive relief in any New Mexico district court.C. Claims brought pursuant to the New Mexico Civil Rights Act shall be brought exclusively against a public body. Any public body named in an action filed pursuant to the New Mexico Civil Rights Act shall be held liable for conduct of individuals acting on behalf of, under color of or within the course and scope of the authority of the public body.D. Individuals employed by a public body shall be prohibited from using the New Mexico Civil Rights Act to pursue a claim arising from the individual's employment by the public body. E. The remedies provided for in the New Mexico Civil Rights Act are not exclusive and shall be in addition to any other remedies prescribed by law or available pursuant to common law. History: Laws 2021, ch. 119, § 3. ANNOTATIONSEffective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 3 effective July 1, 2021.
NM Stat § 41-4A-4 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4A - New Mexico Civil Rights|Section 41-4A-4 - Prohibiting the use of the defense of qualified immunity.

In any claim for damages or relief under the New Mexico Civil Rights Act, no public body or person acting on behalf of, under color of or within the course and scope of the authority of a public body shall enjoy the defense of qualified immunity for causing the deprivation of any rights, privileges or immunities secured by the bill of rights of the constitution of New Mexico.History: Laws 2021, ch. 119, § 4. ANNOTATIONSEffective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 4 effective July 1, 2021.
NM Stat § 41-4A-5 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4A - New Mexico Civil Rights|Section 41-4A-5 - Attorney fees.

In any action brought under the New Mexico Civil Rights Act, the court may, in its discretion, allow a prevailing plaintiff or plaintiffs reasonable attorney fees and costs to be paid by the defendant.History: Laws 2021, ch. 119, § 5. ANNOTATIONSEffective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 5 effective July 1, 2021.
NM Stat § 41-4A-6 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4A - New Mexico Civil Rights|Section 41-4A-6 - Limitation on recovery.

A. In any action for damages against a public body pursuant to the New Mexico Civil Rights Act, the liability per occurrence shall not exceed the sum of two million dollars ($2,000,000) per claimant, inclusive of the claimant's costs of action and reasonable attorney fees. In jury cases, the jury shall not be given any instructions dealing with this limitation. Interest shall be allowed on judgments against a public body at a rate equal to two percentage points above the bank prime loan rate published by the board of governors of the federal reserve system on the last business day of the month preceding entry of the judgment. Interest shall be computed daily from the date of the entry of the judgment until the date of payment.B. As of July 1, 2022 and on July 1 of each successive year, the maximum recovery limit shall be increased for the cost of living as provided in Subsection C of this section. C. On July 1, 2022 and on July 1 of each successive year, the maximum recovery limit shall be increased by the increase in the cost of living. The increase in the cost of living shall be measured by the percentage increase as of August of the immediately preceding year over the level as of August of the previous year of the consumer price index for all urban consumers, United States city average for all items, or its successor index, as published by the United States department of labor or its successor agency, with the amount of the increase rounded to the nearest multiple of ten thousand dollars ($10,000); however, the maximum recovery limit shall not be adjusted downward as a result of a decrease in the cost of living. The risk management division of the general services department shall publish by May 1 of each year the adjusted maximum recovery limit that shall take effect the following July 1.History: Laws 2021, ch. 119, § 6. ANNOTATIONSEffective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 6 effective July 1, 2021.
NM Stat § 41-4A-7 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4A - New Mexico Civil Rights|Section 41-4A-7 - Statute of limitations and abatement.

A claim made pursuant to the New Mexico Civil Rights Act shall be commenced no later than three years from the date a claim can be brought for the deprivation of a right, privilege or immunity pursuant to the bill of rights of the constitution of New Mexico unless a longer statute of limitations is otherwise provided by state law.History: Laws 2021, ch. 119, § 7. ANNOTATIONSEffective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 7 effective July 1, 2021.
NM Stat § 41-4A-8 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4A - New Mexico Civil Rights|Section 41-4A-8 - Indemnification by public body.

A judgment awarded pursuant to the New Mexico Civil Rights Act against a person acting on behalf of, under color of or within the course and scope of the authority of the public body shall be paid by the public body. The public body shall also pay for all litigation costs for the public body and for any person acting on behalf of, under color of or within the course and scope of the authority of the public body, including attorney fees.History: Laws 2021, ch. 119, § 8. ANNOTATIONSEffective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 8 effective July 1, 2021.
NM Stat § 41-4A-9 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4A - New Mexico Civil Rights|Section 41-4A-9 - Waiver of sovereign immunity.

The state shall not have sovereign immunity for itself or any public body within the state for claims brought pursuant to the New Mexico Civil Rights Act, and the public body or person acting on behalf of, under color of or within the course and scope of the authority of the public body provided pursuant to the New Mexico Civil Rights Act shall not assert sovereign immunity as a defense or bar to an action.History: Laws 2021, ch. 119, § 9. ANNOTATIONSEffective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 9 effective July 1, 2021.
NM Stat § 41-4A-10 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4A - New Mexico Civil Rights|Section 41-4A-10 - Common law judicial, legislative or other established immunity.

The prohibition on the use of the defense of qualified immunity pursuant to Section 4 [41-4A-NMSA 1978] of the New Mexico Civil Rights Act and the waiver of sovereign immunity pursuant to Section 9 [41-4A-9 NMSA 1978] of that act shall not abrogate judicial immunity, legislative immunity or any other constitutional, statutory or common law immunity. History: Laws 2021, ch. 119, § 10. ANNOTATIONSEffective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 10 effective July 1, 2021.
NM Stat § 41-4A-11 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4A - New Mexico Civil Rights|Section 41-4A-11 - Records of claims.

Each public body shall maintain a record of all final judgments and settlements paid by the public body for claims made pursuant to the New Mexico Civil Rights Act and attach a copy of the complaint to each record. All judgments, settlements and complaints are subject to disclosure pursuant to the Inspection of Public Records Act [Chapter 14, Article 3 NMSA 1978].History: Laws 2021, ch. 119, § 11. ANNOTATIONSEffective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 11 effective July 1, 2021.
NM Stat § 41-4A-12 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4A - New Mexico Civil Rights|Section 41-4A-12 - Prospective application.

Claims arising solely from acts or omissions that occurred prior to July 1, 2021 may not be brought pursuant to the New Mexico Civil Rights Act.History: Laws 2021, ch. 119, § 12. ANNOTATIONSEffective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 12 effective July 1, 2021.
NM Stat § 41-4A-13 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4A - New Mexico Civil Rights|Section 41-4A-13 - Notice of claims.

A. Every person who claims damages from an act or omission of a certified law enforcement officer under the New Mexico Civil Rights Act shall cause to be presented to the certified law enforcement officer's agency or department, within one year after an occurrence giving rise to a claim under the New Mexico Civil Rights Act, a written notice stating the time, place and circumstances of the loss or injury.B. No suit or action for which immunity has been waived under the New Mexico Civil Rights Act shall be maintained, and no court shall have jurisdiction to consider any suit or action against the state or any local public body, unless notice has been given as required by this section or unless the governmental entity had actual notice of the occurrence. The time for giving notice does not include the time, not exceeding one year, during which the injured person is incapacitated from giving the notice by reason of injury.C. When a claim for which immunity has been waived under the New Mexico Civil Rights Act is one for wrongful death, the required notice may be presented by, or on behalf of, the personal representative of the deceased person or any person claiming benefits of the proceeds of a wrongful death action, or the consular officer of a foreign country of which the deceased was a citizen, within one year and six months after the date of the occurrence of the injury that resulted in the death; but if the person for whose death the claim is made has presented a notice that would have been sufficient had the person lived, an action for wrongful death may be brought without any additional notice.History: Laws 2021, ch. 119, § 13. ANNOTATIONSEffective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 13 effective July 1, 2021.
NM Stat § 41-5-2 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-2 - Purpose of act. (Repealed effective January 1, 2022.)

The purpose of the Medical Malpractice Act is to promote the health and welfare of the people of New Mexico by making available professional liability insurance for health care providers in New Mexico. History: 1953 Comp., § 58-33-2, enacted by Laws 1976, ch. 2, § 2. ANNOTATIONSDelayed repeals. — Laws 2021, ch. 16, § 17 repealed 41-5-2 NMSA 1978, effective January 1, 2022.Emergency clauses. — Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976. Medical Malpractice Act held constitutional. Otero v. Zouhar, 1984-NMCA-054, 102 N.M. 493, 697 P.2d 493, rev'd in part on other grounds, 1985-NMSC-021, 102 N.M. 482, 697 P.2d 482. Malpractice claims under this article do not include claims of criminal sexual assault not committed in the course of rendering professional health care services. N.M. Physicians Mut. Liab. Co. v. LaMure, 1993-NMSC-048, 116 N.M. 92, 860 P.2d 734. Limits of recovery. — This section is not arbritrary and capricous and is rationally related to legislative goal of ensuring a source of recovery for victims of medical malpractice and curbing runaway medical costs, relying in part on Trujillo v. City of Albuquerque, 1998-NMSC-031, 125 N.M. 721, 965 P.2d 305. Fed. Exp. Corp. v. United States, 228 F. Supp 2d 1267 (D.N.M. 2002). Law reviews. — For article, "Medical Malpractice Legislation in New Mexico," see 7 N.M.L. Rev. 5 (1976-77). For survey of medical malpractice law in New Mexico, see 18 N.M.L. Rev. 469 (1988). Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons, and Other Healers §§ 372 to 377. Coverage and exclusions of liability or indemnity policy on physicians, surgeons, and other healers, 33 A.L.R.4th 14, 14 A.L.R.5th 695. Coverage of professional-liability or -indemnity policy for sexual contact with patients by physicians, surgeons, and other healers, 60 A.L.R.5th 239.
NM Stat § 41-5-4 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-4 - Ad damnum clause.

A patient or his representative having a malpractice claim for bodily injury or death may file a complaint in any court of law having requisite jurisdiction and demand right of trial by jury. No dollar amount or figure shall be included in the demand in any complaint asserting a malpractice claim and filed after the effective date of this section, but the request shall be for such damages as are reasonable. This section shall not prevent a patient or his representative from alleging a requisite jurisdictional amount in a malpractice claim filed in a court requiring such an allegation. History: 1953 Comp., § 58-33-4, enacted by Laws 1976, ch. 2, § 4; 1977, ch. 284, § 2. ANNOTATIONSEmergency clauses. — Laws 1977, ch. 284, § 5 contained an emergency clause and was approved April 7, 1977. Cross references. — For jurisdictional amount in magistrate court, see 35-3-3 NMSA 1978. For commencement of action in district court, see Rule 1-003 NMRA. For commencement of action by complaint in magistrate court, see Rule 2-201 NMRA. This section refers to jurisdiction, not venue, and 38-3-1 NMSA 1978 governs venue in an action brought under the Medical Malpractice Act [Chapter 41, Article 5 NMSA 1978]. Bullock v. Lehman, 1983-NMCA-024, 99 N.M. 515, 660 P.2d 605. "Representative". — The "representative" who may bring suit for a death under this section means the same thing as the personal representative under the wrongful death statute. Mackey v. Burke, 1984-NMCA-028, 102 N.M. 294, 694 P.2d 1359, cert. quashed, 102 N.M. 293, 694 P.2d 1358 (1985), overruled on other grounds by Chavez v. Regents of Univ. of N.M., 1985-NMSC-114, 103 N.M. 606, 711 P.2d 883. Qualification of personal representative. — Where an original pleading alleged a valid cause of action, relation back of the appointment of the plaintiff as personal representative to the initial filing of the action did not compromise this section nor the statute of limitations. Chavez v. Regents of Univ. of N.M., 1985-NMSC-114, 103 N.M. 606, 711 P.2d 883. Law reviews. — For article, "Medical Malpractice Legislation in New Mexico," see 7 N.M.L. Rev. 5 (1976-77).
NM Stat § 41-5-6.1 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-6.1 - Repealed.

ANNOTATIONSRepeals. — Laws 1992, ch. 33, § 18 repealed 41-5-6.1 NMSA 1978, as enacted by Laws 1991, ch. 264, § 5, relating to amount recoverable, effective March 6, 1992. For provisions of former section, see the 1991 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 41-5-6 NMSA 1978.