State of New Mexico
House of Representatives
FORTY-THIRD LEGISLATURE
FIRST SESSION, 1997
March 15, 1997
Mr. Speaker:
Your JUDICIARY COMMITTEE, to whom has been referred
HOUSE BILL 1165
has had it under consideration and reports same with
recommendation that it DO PASS, amended as follows:
1. On page 1, line 13, after "WAY" insert "; AMENDING THE
TORT CLAIMS ACT".
2. On page 2, line 2, strike "is hereby authorized to" and
insert in lieu thereof "may".
3. On page 2, lines 17 through 25 and on page 3, line 1,
strike Subsections D and E in their entirety.
4. Reletter the succeeding subsection accordingly.
5. On page 3, between lines 6 and 7, insert the following new
section:
"Section 2. Section 41-4-11 NMSA 1978 (being Laws 1976,
Chapter 58, Section 11, as amended) is amended to read:
"41-4-11. LIABILITY--HIGHWAYS AND STREETS.--
A. 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 while acting within the
scope of their duties during the construction, and in subsequent
maintenance, of any bridge, culvert, highway, roadway, street,
alley, sidewalk or parking area.
B. The liability for which immunity has been waived
pursuant to Subsection A of this section shall not include liability
for damages caused by:
(1) a defect in plan or design of any bridge,
culvert, highway, roadway, street, alley, sidewalk or parking area;
(2) the failure to construct or reconstruct any
bridge, culvert, highway, roadway, street, alley, sidewalk or
parking area; [or]
(3) a deviation from standard geometric design
practices for any bridge, culvert, highway, roadway, street, alley,
sidewalk or parking area allowed on a case-by-case basis for
appropriate cultural, ecological, economic, environmental, right of
way through Indian lands, historical or technical reasons, provided
the deviation:
(a) is required by extraordinary
circumstances;
(b) has been approved by the governing
authority; and
(c) is reasonable and necessary as determined
by the application of sound engineering principles taking into
consideration the appropriate cultural, ecological, economic,
environmental, right of way through Indian lands, historical or
technical circumstances; or
(4) the failure to remove any spilled cargo or
other personal property from the right of way or any portion of
roadway of the state highway system or the failure to render
assistance to motorists who are stranded on a right of way or
roadway of the state highway system."".
Respectfully submitted,
Thomas P. Foy, Chairman
Adopted Not Adopted
(Chief Clerk) (Chief Clerk)
Date
The roll call vote was 7 For 0 Against
Yes: 7
Excused: Alwin, M.P. Garcia, King, Rios, Sanchez, Vaughn
Absent: None
.117956.1
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