The bill amends the New Mexico Civil Rights Act to clarify the definition of a "public body" and the conditions under which claims can be made against it. It specifies that claims may arise from acts or deliberate indifference of a public body or individuals acting on its behalf. The bill prohibits individuals from recovering damages under both the New Mexico Civil Rights Act and the Tort Claims Act for the same occurrence, reduces the maximum recovery limits for claims, and establishes specific amounts for different types of damages. Additionally, it limits interest on judgments, prohibits exemplary or punitive damages, and reduces the time frame for initiating claims from three years to two years.
Furthermore, the bill introduces a requirement for written notice of claims to be given to the appropriate public body within ninety days of the occurrence, with specific provisions for wrongful death claims. It also states that a claim cannot be maintained if notice is not provided as directed, although exceptions are made for cases of injury and death. The bill aims to streamline the process for civil claims against public bodies while establishing clear guidelines for liability and recovery limits.
Statutes affected: introduced version: 41-4A-2, 41-4A-3, 41-4A-4, 41-4A-6, 41-4A-7, 41-4A-9, 41-4A-13