reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 17 - Extreme Risk Firearm Protection Order › Section 40-17-8 - One-year extreme risk firearm protection order; grounds for issuance; contents of order; termination; expiration; renewal of orders.

A. If, after hearing the matter, the court finds by a preponderance of the evidence that the respondent poses a significant danger of causing imminent personal injury to self or others by having in the respondent's custody or control or by purchasing, possessing or receiving a firearm, the court shall issue a one-year extreme risk firearm protection order.
B. A one-year extreme risk firearm protection order shall include:
(1) a statement of the grounds supporting the issuance of the order;
(2) the date and time the order was issued;
(3) the date and time the order expires;
(4) information pertaining to any recommendation by the court for mental health or substance abuse evaluations, if applicable;
(5) the address of the court that issued the order; and
(6) notice that the respondent is entitled to request termination of the order prior to the expiration of the order.
C. If the court declines to issue a one-year extreme risk firearm protection order, the court shall state in writing the reasons for the court's denial and shall order the return of any firearms to the respondent.
D. A respondent may request that the court terminate a one-year extreme risk firearm protection order at any time prior to the expiration of the order.
E. At any time not less than one month prior to the expiration of a one-year extreme risk firearm protection order, a petitioner may petition the court to extend the order. Each extension of the order shall not exceed one year. A petition filed pursuant to this subsection shall comply with the provisions of Subsections E and F of Section 5 [40-17-5 NMSA 1978] of the Extreme Risk Firearm Protection Order Act and shall be served on the respondent as provided in Section 9 [40-17-9 NMSA 1978] of that act.
F. A one-year extreme risk firearm protection order is a final, immediately appealable order.
History:
Laws 2020, ch. 5, § 8.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 17 - Extreme Risk Firearm Protection Order › Section 40-17-9 - Service of extreme risk firearm protection orders.

A one-year extreme risk firearm protection order issued pursuant to the Extreme Risk Firearm Protection Order Act shall be personally served upon the respondent by the sheriff's office in the county in which the respondent resides; provided that if the respondent resides in a city or town that has a police department, the police department shall serve the order.
History:
Laws 2020, ch. 5, § 9.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 17 - Extreme Risk Firearm Protection Order › Section 40-17-10 - Relinquishment of firearms.

A. A respondent who receives a temporary or one-year extreme risk firearm protection order shall relinquish all firearms in the respondent's possession, custody or control or subject to the respondent's possession, custody or control in a safe manner to a law enforcement officer, a law enforcement agency or a federal firearms licensee within forty-eight hours of service of the order or sooner at the discretion of the court.
B. A law enforcement officer, law enforcement agency or federal firearms licensee that takes temporary possession of a firearm pursuant to this section shall:
(1) prepare a receipt identifying all firearms that have been relinquished or taken;
(2) provide a copy of the receipt to the respondent;
(3) provide a copy of the receipt to the petitioner within seventy-two hours of taking possession of the firearms;
(4) file the original receipt with the court that issued the temporary or one-year extreme risk firearm protection order within seventy-two hours of taking possession of the firearms; and
(5) ensure that the law enforcement agency retains a copy of the receipt.
History:
Laws 2020, ch. 5, § 10.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 17 - Extreme Risk Firearm Protection Order › Section 40-17-11 - Penalties.

A person who fails to relinquish, or who possesses or has custody or control over, any firearm or who purchases, receives or attempts to purchase, possess or receive any firearm, in violation of a temporary extreme risk firearm protection order or a one-year extreme risk firearm protection order is guilty of a misdemeanor punishable pursuant to Section 31-19-1 NMSA 1978.
History:
Laws 2020, ch. 5, § 11.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 17 - Extreme Risk Firearm Protection Order › Section 40-17-13 - Extreme risk firearm protection orders; firearms return; disposition.

A. Any firearm relinquished in accordance with the Extreme Risk Firearm Protection Order Act shall be returned to the respondent within ten days following the expiration or termination of an extreme risk firearm protection order.
B. A respondent shall not be required to acquire any court order granting the return of relinquished firearms.
C. The law enforcement agency in possession of the firearms shall conduct a national criminal records check and shall return the firearms if the agency determines that the respondent is not prohibited from possessing firearms pursuant to state or federal law.
D. Upon written request of the respondent, the law enforcement agency storing a firearm shall transfer possession of the respondent's firearm to a federally licensed firearms dealer or lawful private party purchaser designated by the respondent; provided that the transfer is the result of a sale, that the transferee is the actual owner of the firearm thereafter and, except in the case of a federally licensed firearms dealer, the law enforcement agency has conducted a national criminal records check and determined that the transferee is not prohibited from possessing a firearm pursuant to state or federal law.
E. No fee shall be charged for background checks required pursuant to Subsections C and D of this section.
F. The law enforcement agency transferring possession of a firearm to a transferee shall notify the transferee that it is unlawful to transfer or return the firearm to the respondent while the extreme risk firearm protection order is in effect. A transferee who violates this subsection is guilty of a misdemeanor and may be punished pursuant to Section 31-19-1 NMSA 1978.
History:
Laws 2020, ch. 5, § 13.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 18 - Special Immigrant Juvenile Classification › Section 40-18-1 - Short title.

This act [40-18-1 to 40-18-4 NMSA 1978] may be cited as the "Special Immigrant Juvenile Classification Act".
History:
Laws 2023, ch. 134, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2023, ch. 134, § 6 contained an emergency clause and was approved April 5, 2023.
Applicability.
— Laws 2023, ch. 134, § 5 provided that the provisions of Laws 2023, ch. 134 shall apply retroactively to any child deemed by a state court order to be an abused child, neglected child or abandoned child from the time the child received the order; provided that the petition is subject to denial or revocation by a federal immigration agency based on the child's dependency status or age when the special findings were issued.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 18 - Special Immigrant Juvenile Classification › Section 40-18-3 - Applications and petitions for classification as a special immigrant juvenile.

A. A request may be made by a petitioner pursuant to this section for classification as a special immigrant juvenile as provided in 8 U.S.C. Section 1101(a)(27)(J), in conjunction with a petition for any determination on the care and custody of a child.
B. The application or petition for classification as a special immigrant juvenile shall set forth the facts necessary to establish eligibility pursuant to this section.
History:
Laws 2023, ch. 134, § 3.
ANNOTATIONS
Emergency clauses.
— Laws 2023, ch. 134, § 6 contained an emergency clause and was approved April 5, 2023.
Applicability.
— Laws 2023, ch. 134, § 5 provided that the provisions of Laws 2023, ch. 134 shall apply retroactively to any child deemed by a state court order to be an abused child, neglected child or abandoned child from the time the child received the order; provided that the petition is subject to denial or revocation by a federal immigration agency based on the child's dependency status or age when the special findings were issued.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 18 - Special Immigrant Juvenile Classification › Section 40-18-4 - Jurisdiction of the court; standards; procedures.

A. The court has jurisdiction to make findings of fact and determinations of law in the best interests of the child for classification as a special immigrant juvenile pursuant to 8 U.S.C. Section 1101(a)(27)(J) in all matters and proceedings that involve an abused child, a neglected child or an abandoned child, including but not limited to child custody, guardianship and abuse and neglect proceedings.
B. A court acting pursuant to the Special Immigrant Juvenile Classification Act acts as a juvenile court as defined in 8 C.F.R. Section 204.11(a).
C. Upon review of an application or petition for classification as a special immigrant juvenile pursuant to 8 U.S.C. Section 1101(a)(27)(J), supporting affidavits and any other evidence, the court shall issue findings of fact and rulings of law to determine whether:
(1) the child is dependent on the court;
(2) the child is an abused child, neglected child or abandoned child or has suffered similar circumstances;
(3) the child may not be viably reunified with one or both of the child's parents because the child is an abused child, neglected child or abandoned child or has suffered similar circumstances; and
(4) it is not in the child's best interests to be returned to the child's or parent's country of nationality or country of last habitual residence.
D. A court shall hear and adjudicate an application or petition and issue findings of fact and rulings of law as soon as it is administratively feasible but before the child reaches the age of twenty-one.
E. Nothing in the Special Immigrant Juvenile Classification Act shall preclude the district court from issuing findings of fact and rulings of law similar to the provisions of Subsection C of this section in any other proceeding.
History:
Laws 2023, ch. 134, § 4.
ANNOTATIONS
Emergency clauses.
— Laws 2023, ch. 134, § 6 contained an emergency clause and was approved April 5, 2023.
Applicability.
— Laws 2023, ch. 134, § 5 provided that the provisions of Laws 2023, ch. 134 shall apply retroactively to any child deemed by a state court order to be an abused child, neglected child or abandoned child from the time the child received the order; provided that the petition is subject to denial or revocation by a federal immigration agency based on the child's dependency status or age when the special findings were issued.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 1 - Settlements, Releases and Statements › Section 41-1-2 - Settlements, releases and statements; applicability.

The provisions of this act [41-1-1, 41-1-2 NMSA 1978] relating to settlements, releases and statements obtained, by a person whose interest is or may become adverse, from a patient confined in a hospital or sanitarium or being treated by a person licensed to practice the healing arts, shall not apply, if at least five days prior to obtaining the settlement, release or statement, the injured party has signified in writing, by a statement acknowledged before a notary public, who has no interest adverse to the injured party, his willingness that a settlement, release or statement be given.
History:
1953 Comp., § 21-11-2, enacted by Laws 1971, ch. 70, § 2.
ANNOTATIONS
Severability.
— Laws 1971, ch. 70, § 3 provided for the severability of the act if any part or application thereof was held invalid.
For attorney to bind client to settlement agreement,
the attorney must have specific authority to do so, unless there is an emergency or some overriding reason for enforcing the settlement despite the attorney's lack of specific authority.
Bolles v. Smith
, 1979-NMSC-019, 92 N.M. 524, 591 P.2d 278.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 1A - Forum Selection and Choice of Law (Repealed.) › Section 41-1A-1 - Repealed.

History:
Laws 2016, ch. 34, § 1; repealed by Laws 2016, ch. 34, § 2.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 34, § 2 repealed 41-1A-1 NMSA 1978, as enacted by Laws 2016 ch. 34, § 1, relating to exclusive forum selection and choice of law provisions in health care provider contracts, enforcement, effective July 1, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOnesource.com
.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 3 - Contribution Among Tortfeasors › Section 41-3-3 - Judgment against one tortfeasor.

The recovery of a judgment by the injured person against one joint tortfeasor does not discharge the other joint tortfeasors.
History:
1941 Comp., § 21-120, enacted by Laws 1947, ch. 121, § 3; 1953 Comp., § 24-1-13.
ANNOTATIONS
Settlement for full damages not bar to suit of other joint tortfeasor.
— Where an injured person settles with one tortfeasor for an amount equal to or in excess of the amount of damages, the injured person may pursue recovery from each severally liable tortfeasor without reduction.
Wilson v. Galt
, 1983-NMCA-074, 100 N.M. 227, 668 P.2d 1104, cert. quashed, 100 N.M. 192, 668 P.2d 308.
Effect of appeal on subsequent action.
— Where a judgment was rendered against a different defendant which was not satisfied or settled, and was pending on appeal, it could not be urged as satisfaction of any claims of plaintiff against another defendant, nor bar further action by plaintiff against another defendant.
Montano v. Williams
, 1976-NMCA-017, 89 N.M. 86, 547 P.2d 569,
aff'd
, 1976-NMSC-022, 89 N.M. 252, 550 P.2d 264.
Dismissal of contribution suit.
— Where gas company, being sued for injuries sustained in explosion by plaintiffs working on junction box beneath a street intersection, filed third-party complaint against city, alleging that the city knew of the dangerous condition but failed to notify the gas company, and seeking contribution under this act, an error in dismissing the third-party complaint would not affect plaintiffs' verdicts against the gas company.
Beal v. Southern Union Gas Co.
, 1960-NMSC-019, 66 N.M. 424, 349 P.2d 337, 84 A.L.R.2d 1269 (1960).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
47 Am. Jur. 2d Judgments § 685; 74 Am. Jur. 2d Torts § 69.
Payment of, or proceeding to collect, judgment against one tortfeasor as release of others, 27 A.L.R. 805, 65 A.L.R. 1087, 166 A.L.R. 1099, 40 A.L.R.3d 1181.
50 C.J.S. Judgments § 761.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 3 - Contribution Among Tortfeasors › Section 41-3-7 - Uniformity of interpretation.

This act [41-3-1 to 41-3-8 NMSA 1978] shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.
History:
1941 Comp., § 21-124, enacted by Laws 1947, ch. 121, § 8; 1953 Comp., § 24-1-17.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 3 - Contribution Among Tortfeasors › Section 41-3-8 - Short title.

This act [41-3-1 to 41-3-8 NMSA 1978] may be cited as the Uniform Contribution Among Tortfeasors Act.
History:
1941 Comp., §21-125, enacted by Laws 1947, ch. 121, § 9; 1953 Comp., § 24-1-18.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 3A - Several Liability › Section 41-3A-2 - Definition.

As used in this act, "person" means any individual or entity of any kind whatsoever.
History:
Laws 1987, ch. 141, § 2.
ANNOTATIONS
Effective dates.
— Laws 1987, ch. 141 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 1987, 90 days after the adjournment of the legislature.
Compiler's notes.
— The term "this act" means Laws 1987, ch. 141, which appears as 41-3-2, 41-3A-1, 41-3A-2 and 52-1-10.1 NMSA 1978.
Applicability.
— Laws 1987, ch. 141, § 5 made this section applicable to all civil actions initially filed on and after July 1, 1987.
Law reviews.
— For article, "Statutory Adoption of Several Liability in New Mexico: A Commentary and Quasi-Legislative History," see 18 N.M.L. Rev. 483 (1988).
2023 New Mexico Statutes › Chapter 41 - Torts › Article 4 - Tort Claims › Section 41-4-7 - Liability; airports.

A. The immunity granted pursuant to Subsection A of Section 4 [41-4-4 NMSA 1978] of the Tort Claims Act does not apply to liability for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation of airports.
B. The liability imposed pursuant to Subsection A of this section shall not include liability for damages due to the existence of any condition arising out of compliance with any federal or state law or regulation governing the use and operation of airports.
History:
1953 Comp., § 5-14-7, enacted by Laws 1976, ch. 58, § 7.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability for civilian skydiver's or parachutist's injury or death, 95 A.L.R.3d 1280.
Air carrier's liability for injury from condition of airport premises, 14 A.L.R.5th 662.
Liability of owner of wires, poles, or structures struck by aircraft for resulting injury or damage, 49 A.L.R.5th 659.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 4 - Tort Claims › Section 41-4-10 - Liability; health care providers.

The immunity granted pursuant to Subsection A of Section 41-4-4 NMSA 1978 does not apply to liability for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees licensed by the state or permitted by law to provide health care services while acting within the scope of their duties of providing health care services.
History:
1953 Comp., § 5-14-10, enacted by Laws 1976, ch. 58, § 10; 1977, ch. 386, § 7; 1978, ch. 166, § 2.
ANNOTATIONS
Emergency clauses.
— Laws 1978, ch. 166, § 20 contained an emergency clause and was approved April 6, 1978.
"Public employees".
— Employees at a community mental health facility regulated by the health and environment department (now department of health) were not "public employees" within the meaning of the Tort Claims Act [41-4-1 through 41-4-27 NMSA 1978] because the regulatory scheme did not give the department the right to control the details of the work of the facility.
Armijo v. Department of Health & Env't
, 1989-NMCA-043, 108 N.M. 616, 775 P.2d 1333.
Health care providers.
— The legislature, in partially waiving the state's sovereign immunity, clearly intended to limit "health care providers" to those who cure or prevent impairments of the normal state of the body.
M.D.R. v. State ex rel. Human Servs. Dep't
, 1992-NMCA-052, 114 N.M. 187, 836 P.2d 106.
Law reviews.
— For article, "Constitutional Torts and the New Mexico Torts Claims Act," see 13 N.M.L. Rev. 1 (1983).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
40 Am. Jur. 2d Hospitals §§ 15, 38.
Liability of private, noncharitable hospital or sanitarium for improper care or treatment of patients, 22 A.L.R. 341, 39 A.L.R. 1431, 124 A.L.R. 186.
Immunity from liability for damages in tort of state or governmental unit or agency in operating hospital, 25 A.L.R.2d 203, 18 A.L.R.4th 858.
Governmental tort liability for injuries caused by negligently released individual, 6 A.L.R.4th 1155.
Liability for wrongful autopsy, 18 A.L.R.4th 858.
Physician's liability to third person for prescribing drug to known drug addict, 42 A.L.R.4th 586.
Liability of hospital or sanitarium for negligence of physician or surgeon, 51 A.L.R.4th 235.
Liability for injury or death allegedly caused by activities of hospital "rescue team", 64 A.L.R.4th 1200.
Medical malpractice in performance of legal abortion, 69 A.L.R.4th 875.
Liability of hospital for injury to person invited or permitted to accompany patient during emergency room treatment, 90 A.L.R.4th 478.
Liability of hospital, physician, or other medical personnel for death or injury from use of drugs to stimulate labor, 1 A.L.R.5th 243.
Hospital liability as to diagnosis and care of patients in emergency room, 58 A.L.R.5th 613.
Liability of hospital or medical practitioner under doctrine of strict liability in tort, or breach of warranty, for harm caused by drug, medical instrument, or similar device used in treating patient, 65 A.L.R.5th 357.
14 C.J.S. Charities § 58; 20 C.J.S. Counties § 166.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 4 - Tort Claims › Section 41-4-13 - Exclusions from waiver of immunity; community ditches or acequias; Sanitary Projects Act associations.

All community ditches or acequias, and their public employees acting lawfully and within the scope of their duties, and all associations created pursuant to the Sanitary Projects Act [Chapter 3, Article 29 NMSA 1978] are excluded from the waiver of immunity of liability under Sections 41-4-6 through 41-4-12 NMSA 1978.
History:
1953 Comp., § 5-14-12.1, enacted by Laws 1977, ch. 386, § 10; 2006, ch. 54, § 1; 2006, ch. 55, § 1.
ANNOTATIONS
The 2006 amendment,
effective May 17, 2006, provided that public employees of community ditches or acequias acting lawfully and within the scope of their duties are excluded from the waiver of immunity of liability and changed the statutory reference from Sections 5-14-6 through 5-14-12 NMSA 1953 to Sections 41-4-6 through 41-4-12 NMSA 1978.
Laws 2006, ch. 54, § 1 and Laws 2006, ch. 55, §1 enacted identical amendments to this section. The section was set out as amended by Laws 2006, ch. 55, §1.
See
12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
57 Am. Jur. 2d Municipal, County, School, and State Tort Liability §§ 338 to 427.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 4 - Tort Claims › Section 41-4-14 - Defenses.

A governmental entity and its public employees may assert any defense available under the law of New Mexico.
History:
1953 Comp., § 5-14-13, enacted by Laws 1976, ch. 58, § 13.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
57 Am. Jur. 2d Municipal, County, School, and State Tort Liability §§ 151 to 157, 668.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 4 - Tort Claims › Section 41-4-16.1 - Civil action; damages incurred while imprisoned; notice to victim.

Upon the filing of a civil action by an individual or his personal representative against the state for damages incurred while imprisoned in a state corrections facility, the district court clerk shall issue notice of the filing of that action to the corrections and criminal rehabilitation department [corrections department] which shall forward a copy of the notice to the victim of the crime for which that individual was imprisoned. If the civil action is filed in a federal forum, the individual or personal representative shall issue the required notice to the department.
History:
Laws 1981, ch. 117, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Law 1981, ch. 73, § 8 provided that all references in law to the corrections and criminal rehabilitation department shall be construed to be references to the corrections department.
Expert testimony is required to establish the standard of care for monitoring inmates in prisons.
— Where plaintiff, who was an inmate at a county detention center and who was assaulted and raped by three inmates, sued defendants for failing to protect plaintiff from the assault; plaintiff claimed that the area in which plaintiff was assaulted was an architectural blind spot that could not be covered by video surveillance, as well as not being directly monitored by guards, and that jurors could use common knowledge to find that it is negligence to allow inmates in an area that was not properly subject to surveillance or monitoring, either due to the existence of a blind spot or lack of guards; and defendant did not offer any testimony as to the standard of care for monitoring of inmates, jail design, video surveillance or any other factors that underlie those standards; the district court properly granted summary judgment for defendants because expert testimony was required in order for a jury to make a decision regarding the standard of care of the monitoring by prison officials and the mere fact that plaintiff was assaulted did not prove that prison monitoring fell below the required standard of care.
Villalobos v. Dona Ana Bd. of Cnty. Comm'rs
, 2014-NMCA-044.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 4 - Tort Claims › Section 41-4-21 - Application of act.

The provisions of the Tort Claims Act shall not affect the provisions of any personnel act, any rules or regulations issued thereunder or any other provision of law governing the employer-employee relationship.
History:
1953 Comp., § 5-14-19, enacted by Laws 1976, ch. 58, § 19; 1977, ch. 386, § 16.
ANNOTATIONS
Emergency clauses.
— Laws 1977, ch. 386, § 23 contained an emergency clause and was approved April 8, 1977.
Purpose of section.
— This section was designed to preserve employment relations between the state, or a subdivision thereof, and its employees. It may not be read to expand Subsection A of 41-4-4 NMSA 1978 and to provide a waiver of immunity to allow an educational malpractice action against a public school board.
Rubio ex rel. Rubio v. Carlsbad Mun. School Dist.
, 1987-NMCA-127, 106 N.M. 446, 744 P.2d 919.
Asserting immunity for first time in supreme court permissible.
— The right to assert sovereign immunity may be raised for the first time in the supreme court.
Sangre de Cristo Dev. Corp., Inc. v. City of Santa Fe
, 1972-NMSC-076, 84 N.M. 343, 503 P.2d 323, cert. denied, 411 U.S. 938, 93 S. Ct. 1900, 36 L. Ed. 2d 400 (1973),
overruled in part by
Hicks v. State, 1975-NMSC-056, 88 N.M. 588, 544 P.2d 1153.
Law reviews.
— For survey, "Torts: Sovereign and Governmental Immunity in New Mexico," see 6 N.M. L. Rev. 249 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Res ipsa loquitur as applicable in actions for damage to property by the overflow or escape of water, 91 A.L.R.3d 186.
Products liability: air guns and BB guns, 94 A.L.R.3d 291.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 4 - Tort Claims › Section 41-4-22 - Insurance fund.

There is created the "insurance fund" to purchase insurance for the state and its public employees. Any money in the fund not needed to meet expected expenditures for the ensuing month shall be invested by the director of the risk management division with the prior approval of the state board of finance.
History:
1953 Comp., § 5-14-20, enacted by Laws 1976, ch. 58, § 20; 1977, ch. 247, § 53.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 4 - Tort Claims › Section 41-4-24 - Consulting and claims adjusting contracts.

A. Notwithstanding any other provision of law, the risk management division shall:
(1) contract, as may be necessary, with a recognized insurance consulting firm to assist in the implementation of the public liability fund; and
(2) contract with a recognized insurance claims adjusting firm for the handling of all claims made against the public liability fund.
B. No contract shall be entered into pursuant to this section, unless proposals have been sought from two or more qualified firms. Contracts shall be awarded on the basis of cost, financial resources of the firm, service facilities in New Mexico, service reputation and experience.
History:
1953 Comp., § 5-14-20.2, enacted by Laws 1977, ch. 386, § 18.
ANNOTATIONS
Emergency clauses.
— Laws 1977, ch. 386, § 23 contained an emergency clause and was approved April 8, 1977.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 4 - Tort Claims › Section 41-4-26 - Home rule municipality tort claims ordinances; severability; applicability.

A. Any provision of an ordinance adopted by a home rule municipality providing for the insurance or self-insurance of tort liability risks of the home rule municipality is declared to be severable if any part or application of such ordinance is held invalid.
B. Any home rule municipality which has adopted an ordinance providing for the insurance or self-insurance of any or all of the tort liability risks of the municipality, shall not be eligible to participate in the public liability fund created pursuant to Section 41-4-23 NMSA 1978.
C. A home rule municipality which has adopted an ordinance insuring or self-insuring its tort liability risks prior to July 1, 1978 or which has adopted an ordinance after July 1, 1978 insuring or self-insuring its tort liability risks pursuant to Subsection B of Section 41-4-25 NMSA 1978 may elect to be covered by the public liability fund created pursuant to Section 41-4-23 NMSA 1978 for the subsequent calendar years by:
(1) giving notice of the repeal of its ordinance to the risk management division prior to December 1 of any calendar year; and
(2) paying such assessments as may be determined by the risk management division. Occurrences giving rise to claims arising during any period of time [in] which a home rule municipality had a valid or invalid ordinance insuring or self-insuring its risks shall be governed by the ordinance in effect at the time the claims arose and not by the public liability fund created pursuant to Section 41-4-23 NMSA 1978.
History:
1978 Comp., § 41-4-26, enacted by Laws 1978, ch. 166, § 18; 1986, ch. 27, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Cross references.
— For home rule municipality,
see
N.M. Const., art. X, § 6.
For risk management division,
see
15-7-2 NMSA 1978.
Two-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.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Governmental liability from operation of zoo, 92 A.L.R.3d 832.
Liability of governmental unit for injuries or damage resulting from tree or limb falling onto highway from abutting land, 95 A.L.R.3d 778.
Governmental tort liability for detour accidents, 1 A.L.R.5th 163.
2023 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.
ANNOTATIONS
Two-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.
2023 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.
ANNOTATIONS
Emergency 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 1 effective July 1, 2021.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 2 effective July 1, 2021.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 3 effective July 1, 2021.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 4 effective July 1, 2021.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 5 effective July 1, 2021.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 6 effective July 1, 2021.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 7 effective July 1, 2021.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 8 effective July 1, 2021.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 9 effective July 1, 2021.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 10 effective July 1, 2021.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 11 effective July 1, 2021.