SENATE BILL 104

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Steve Komadina

AN ACT

RELATING TO TRIALS; PROVIDING FOR GOVERNMENTAL BODIES TO BE SUBJECT TO THE SAME SUBSTANTIVE LAW AS PERSONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of Chapter 38, Article 1 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] FAIRNESS IN LITIGATION.--In a lawsuit brought by the state or a political subdivision of the state seeking to recover from the defendant the value of a benefit or service provided by the state or political subdivision to or on behalf of a person injured by the defendant, the state or political subdivision shall be subject to the same substantive law that would apply to a lawsuit filed against the defendant by the injured person to or on behalf of whom the benefit or service was paid or provided by the state or political subdivision."

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