SB 146

                                1  SENATE BILL 146
                                2      57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  George K. Muñoz and Jay C. Block
                                5
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO CIVIL CLAIMS; AMENDING THE NEW MEXICO CIVIL RIGHTS
                                12   ACT; PROVIDING THAT A CLAIM MAY ARISE FROM AN ACT OR THE
                                13   DELIBERATE INDIFFERENCE OF A PUBLIC BODY OR PERSON ACTING ON
                                14   BEHALF OF, UNDER COLOR OF OR WITHIN THE COURSE AND SCOPE OF THE
                                15   AUTHORITY OF A PUBLIC BODY; PROVIDING THAT A PERSON SHALL NOT
                                16   RECOVER DAMAGES PURSUANT TO BOTH THE NEW MEXICO CIVIL RIGHTS
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                                17   ACT AND THE TORT CLAIMS ACT FOR CLAIMS ARISING FROM THE SAME
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                                18   OCCURRENCE; REDUCING THE MAXIMUM RECOVERY LIMIT FOR CLAIMS;
                                19   PROVIDING FOR AND LIMITING INTEREST ON JUDGMENT; PROHIBITING
                                20   EXEMPLARY OR PUNITIVE DAMAGES; REDUCING THE TIME FOR INITIATING
                                21   AN ACTION FROM THREE TO TWO YEARS; REQUIRING NOTICE FOR ALL
                                22   CLAIMS AND DIRECTING HOW NOTICE SHALL BE GIVEN FOR ALL CLAIMS;
                                23   PROVIDING THAT A CLAIM SHALL NOT BE MAINTAINED IF NOTICE IS NOT
                                24   GIVEN AS DIRECTED AND PROVIDING EXCEPTIONS FOR INJURY AND
                                25   DEATH; MAKING CONFORMING AMENDMENTS.
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                                2    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                3  SECTION 1.    Section 41-4A-2 NMSA 1978 (being Laws 2021,
                                4    Chapter 119, Section 2) is amended to read:
                                5  "41-4A-2.    DEFINITION.--As used in the New Mexico Civil
                                6    Rights Act, "public body":
                                7  A.   means a state or local government, an advisory
                                8    board, a commission, an agency or an entity created by the
                                9    constitution of New Mexico or any branch of government that
                                10   receives public funding, including political subdivisions,
                                11   special tax districts, school districts and institutions of
                                12   higher education, but [not including] does not mean an acequia
                                13   or community ditch, a soil and water conservation district, a
                                14   land grant-merced, a mutual domestic water consumers
                                15   association or other association organized pursuant to the
                                16   Sanitary Projects Act or a water users' association; and
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                                17  B.   includes a person acting on behalf of, under
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                                18   color of or within the course and scope of the authority of a
                                19   public body."
                                20        SECTION 2.    Section 41-4A-3 NMSA 1978 (being Laws 2021,
                                21   Chapter 119, Section 3) is amended to read:
                                22        "41-4A-3.    CLAIM FOR VIOLATION OF RIGHTS ESTABLISHED
                                23   PURSUANT TO THE BILL OF RIGHTS OF THE CONSTITUTION OF NEW
                                24   MEXICO.--
                                25  A.   A public body [or person acting on behalf of,
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                                1    under color of or within the course and scope of the authority
                                2    of a public body] shall not subject or cause to be subjected
                                3    [any resident of New Mexico or] a person within the state to
                                4    deprivation of any rights, privileges or immunities secured
                                5    pursuant to the bill of rights of the constitution of New
                                6    Mexico.
                                7  B.   A person who claims to have suffered a
                                8    deprivation of any rights, privileges or immunities pursuant to
                                9    the bill of rights of the constitution of New Mexico due to
                                10   [acts or omissions] an act or the deliberate indifference of a
                                11   public body [or person acting on behalf of, under color of or
                                12   within the course and scope of the authority of a public body]
                                13   may maintain an action to establish liability and recover
                                14   actual damages and equitable or injunctive relief in any New
                                15   Mexico district court.
                                16  C.   Claims brought pursuant to the New Mexico Civil
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                                17   Rights Act shall be brought exclusively against a public body.
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                                18   Any public body named in an action filed pursuant to the New
                                19   Mexico Civil Rights Act shall be held liable for conduct of
                                20   [individuals] persons acting on behalf of, under color of or
                                21   within the course and scope of the authority of the public
                                22   body.
                                23  D.   [Individuals] A person employed by a public body
                                24   [shall be] is prohibited from using the New Mexico Civil Rights
                                25   Act to pursue a claim arising from the [individual's] person's
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                                1    employment by the public body.
                                2  E.     The remedies provided for in the New Mexico
                                3    Civil Rights Act are not exclusive and [shall] may be in
                                4    addition to [any] other remedies prescribed by law or available
                                5    [pursuant to] at common law; provided that a person shall not
                                6    recover damages pursuant to both the New Mexico Civil Rights
                                7    Act and the Tort Claims Act for claims that arise from the same
                                8    occurrence."
                                9  SECTION 3.    Section 41-4A-4 NMSA 1978 (being Laws 2021,
                                10   Chapter 119, Section 4) is amended to read:
                                11        "41-4A-4.    PROHIBITING THE USE OF THE DEFENSE OF QUALIFIED
                                12   IMMUNITY--PROVIDING AN EXCEPTION.--In any claim for damages or
                                13   relief under the New Mexico Civil Rights Act, [no] a public
                                14   body [or person acting on behalf of, under color of or within
                                15   the course and scope of the authority of a public body] shall
                                16   not enjoy the defense of qualified immunity for causing the
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                                17   deprivation of any rights, privileges or immunities secured by
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                                18   the bill of rights of the constitution of New Mexico unless the
                                19   public body had an objectively good faith belief that the
                                20   conduct at issue did not violate the law."
                                21        SECTION 4.    Section 41-4A-6 NMSA 1978 (being Laws 2021,
                                22   Chapter 119, Section 6) is amended to read:
                                23        "41-4A-6.    LIMITATION ON RECOVERY.--
                                24  [A.     In any action for damages against a public body
                                25   pursuant to the New Mexico Civil Rights Act, the liability per
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                                1    occurrence shall not exceed the sum of two million dollars
                                2    ($2,000,000) per claimant, inclusive of the claimant's costs of
                                3    action and reasonable attorney fees.    In jury cases, the jury
                                4    shall not be given any instructions dealing with this
                                5    limitation.     Interest shall be allowed on judgments against a
                                6    public body at a rate equal to two percentage points above the
                                7    bank prime loan rate published by the board of governors of the
                                8    federal reserve system on the last business day of the month
                                9    preceding entry of the judgment.    Interest shall be computed
                                10   daily from the date of the entry of the judgment until the date
                                11   of payment.
                                12  B.    As of July 1, 2022 and on July 1 of each
                                13   successive year, the maximum recovery limit shall be increased
                                14   for the cost of living as provided in Subsection C of this
                                15   section.
                                16  C.    On July 1, 2022 and on July 1 of each successive
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                                17   year, the maximum recovery limit shall be increased by the
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                                18   increase in the cost of living.     The increase in the cost of
                                19   living shall be measured by the percentage increase as of
                                20   August of the immediately preceding year over the level as of
                                21   August of the previous year of the consumer price index for all
                                22   urban consumers, United States city average for all items, or
                                23   its successor index, as published by the United States
                                24   department of labor or its successor agency, with the amount of
                                25   the increase rounded to the nearest multiple of ten thousand
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                                1    dollars ($10,000); however, the maximum recovery limit shall
                                2    not be adjusted downward as a result of a decrease in the cost
                                3    of living.    The risk management division of the general
                                4    services department shall publish by May 1 of each year the
                                5    adjusted maximum recovery limit that shall take effect the
                                6    following July 1.]
                                7  A.   Subject to the limitation in Subsection B of
                                8    this section, in an action filed pursuant to the New Mexico
                                9    Civil Rights Act, a public body's liability shall not exceed:
                                10  (1)   the sum of two hundred thousand dollars
                                11   ($200,000) for each legally described real property for damage
                                12   to or destruction of that legally described real property
                                13   arising from a single occurrence;
                                14  (2)   the sum of three hundred thousand dollars
                                15   ($300,000) for all past and future medical and medically
                                16   related expenses arising from a single occurrence; and
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                                17  (3)   the sum of four hundred thousand dollars
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                                18   ($400,000) to any person for any number of claims arising from
                                19   a single occurrence for all damages other than real property
                                20   damage and medical and medically related expenses.
                                21  B.   The total liability for all claims for damages
                                22   pursuant to Paragraphs (1) and (3) of Subsection A of this
                                23   section that arise from a single occurrence shall not exceed
                                24   the sum of seven hundred fifty thousand dollars ($750,000).
                                25  C.   Interest shall be allowed on a judgment against
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                                1    a public body for a claim for which immunity is waived pursuant
                                2    to the New Mexico Civil Rights Act.    Interest shall accrue at a
                                3    rate equal to two percentage points above the prime rate as
                                4    published in the Wall Street Journal on the date of the entry
                                5    of the judgment and shall be computed daily from the date of
                                6    the entry of the judgment until the date of payment.
                                7  D.     A judgment against a public body for a claim for
                                8    which immunity is waived pursuant to the New Mexico Civil
                                9    Rights Act shall not include an award for exemplary or punitive
                                10   damages or for interest prior to judgment."
                                11        SECTION 5.    Section 41-4A-7 NMSA 1978 (being Laws 2021,
                                12   Chapter 119, Section 7) is amended to read:
                                13        "41-4A-7.    STATUTE OF LIMITATIONS AND ABATEMENT.--A claim
                                14   made pursuant to the New Mexico Civil Rights Act shall be
                                15   commenced no later than [three] two years from the date a claim
                                16   can be brought for the deprivation of a right, privilege or
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                                17   immunity pursuant to the bill of rights of the constitution of
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                                18   New Mexico unless a longer statute of limitations is otherwise
                                19   provided by state law."
                                20        SECTION 6.    Section 41-4A-9 NMSA 1978 (being Laws 2021,
                                21   Chapter 119, Section 9) is amended to read:
                                22        "41-4A-9.    WAIVER OF SOVEREIGN IMMUNITY.--The state shall
                                23   not have sovereign immunity for itself or any public body
                                24   within the state for claims brought pursuant to the New Mexico
                                25   Civil Rights Act, and the public body [or person acting on
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                                1    behalf of, under color of or within the course and scope of the
                                2    authority of the public body] provided pursuant to the New
                                3    Mexico Civil Rights Act shall not assert sovereign immunity as
                                4    a defense or bar to an action."
                                5  SECTION 7.    Section 41-4A-13 NMSA 1978 (being Laws 2021,
                                6    Chapter 119, Section 13) is amended to read:
                                7  "41-4A-13.    NOTICE OF CLAIMS.--
                                8  [A.     Every person who claims damages from an act or
                                9    omission of a certified law enforcement officer under the New
                                10   Mexico Civil Rights Act shall cause to be presented to the
                                11   certified law enforcement officer's agency or department,
                                12   within one year after an occurrence giving rise to a claim
                                13   under the New Mexico Civil Rights Act, a written notice stating
                                14   the time, place and circumstances of the loss or injury.
                                15  B.    No suit or action for which immunity has been
                                16   waived under the New Mexico Civil Rights Act shall be
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                                17   maintained, and no court shall have jurisdiction to consider
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                                18   any suit or action against the state or any local public body,
                                19   unless notice has been given as required by this section or
                                20   unless the governmental entity had actual notice of the
                                21   occurrence.    The time for giving notice does not include the
                                22   time, not exceeding one year, during which the injured person
                                23   is incapacitated from giving the notice by reason of injury.
                                24  C.    When a claim for which immunity has been waived
                                25   under the New Mexico Civil Rights Act is one for wrongful
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                                1    death, the required notice may be presented by, or on behalf
                                2    of, the personal representative of the deceased person or any
                                3    person claiming benefits of the proceeds of a wrongful death
                                4    action, or the consular officer of a foreign country of which
                                5    the deceased was a citizen, within one year and six months
                                6    after the date of the occurrence of the injury that resulted in
                                7    the death, but if the person for whose death the claim is made
                                8    has presented a notice that would have been sufficient had the
                                9    person lived, an action for wrongful death may be brought
                                10   without any additional notice.]
                                11  A.   A person who alleges to have suffered a claim
                                12   for which immunity is waived pursuant to the New Mexico Civil
                                13   Rights Act shall give written notice of the claim to the public
                                14   body within ninety days after the occurrence giving rise to the
                                15   claim.   The written notice shall state the time, place and
                                16   circumstances of the occurrence giving rise to the claim and
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                                17   shall be given to:
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                                18  (1)   the risk management division of the
                                19   general services department if the public body is the state, an
                                20   agency of the state or an entity created by the constitution of
                                21   New Mexico;
                                22  (2)   the mayor of a municipality if the public
                                23   body is a municipality;
                                24  (3)   the superintendent of a school district if
                                25   the public body is a school district;
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                                1  (4)   the county clerk of a county if the public
                                2    body is a county; or
                                3  (5)   the administrative head or chair of any
                                4    other political subdivision, advisory board, commission,
                                5    special tax district or institution of higher education if the
                                6    public body is such a subdivision, board, commission, district
                                7    or institution.
                                8  B.   An action for a claim for which immunity has
                                9    been waived pursuant to the New Mexico Civil Rights Act shall
                                10   not be maintained, and a court shall not have jurisdiction to
                                11   consider such claim against a public body, unless notice is
                                12   given as provided by this section or unless the public body had
                                13   actual notice of the occurrence giving rise to the claim.     The
                                14   time for giving notice does not include up to ninety days
                                15   during which an injured person is incapacitated or otherwise
                                16   unable to give notice because of the injury.
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                                17  C.   When a claim for which immunity has been waived
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                                18   pursuant to the New Mexico Civil Rights Act is for wrongful
                                19   death, the required notice may be given by or on behalf of the
                                20   personal representative of the deceased person's estate or any
                                21   person claiming an interest in the proceeds of a wrongful death
                                22   action or the consular officer of a foreign country of which
                                23   the deceased person was a citizen.      The notice shall be given
                                24   within six months after the date of the occurrence of the
                                25   injury that resulted in the death; provided that if the
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                                1    deceased person gave notice of a claim that would have been
                                2    sufficient if the person lived, the claim for wrongful death
                                3    may be brought without additional notice."
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