CIVIL RIGHTS ACT CLAIM CHANGES

SB0146

SENATE BILL 146

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

George K. Muñoz
and
Jay C. Block

AN ACT

RELATING TO CIVIL CLAIMS; AMENDING THE NEW MEXICO CIVIL RIGHTS
ACT; PROVIDING THAT A CLAIM MAY ARISE FROM AN ACT OR THE
DELIBERATE INDIFFERENCE 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; PROVIDING THAT A PERSON SHALL NOT
RECOVER DAMAGES PURSUANT TO BOTH THE NEW MEXICO CIVIL RIGHTS
ACT AND THE TORT CLAIMS ACT FOR CLAIMS ARISING FROM THE SAME
OCCURRENCE; REDUCING THE MAXIMUM RECOVERY LIMIT FOR CLAIMS;
PROVIDING FOR AND LIMITING INTEREST ON JUDGMENT; PROHIBITING
EXEMPLARY OR PUNITIVE DAMAGES; REDUCING THE TIME FOR INITIATING
AN ACTION FROM THREE TO TWO YEARS; REQUIRING NOTICE FOR ALL
CLAIMS AND DIRECTING HOW NOTICE SHALL BE GIVEN FOR ALL CLAIMS;
PROVIDING THAT A CLAIM SHALL NOT BE MAINTAINED IF NOTICE IS NOT
GIVEN AS DIRECTED AND PROVIDING EXCEPTIONS FOR INJURY AND
DEATH; MAKING CONFORMING AMENDMENTS.

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

SECTION 1.
Section 41-4A-2 NMSA 1978 (being Laws 2021,
Chapter 119, Section 2) is amended to read:

"41-4A-2. DEFINITION.--As used in the New Mexico Civil
Rights Act, "public body":

A.
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
]
does not mean
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 or a water users' association;
and

B. includes a person acting on behalf of, under
color of or within the course and scope of the authority of a
public body
."

SECTION 2.
Section 41-4A-3 NMSA 1978 (being Laws 2021,
Chapter 119, Section 3) is amended to read:

"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
]
a
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
]
an act or the deliberate indifference
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
]
persons
acting on behalf of, under color of or
within the course and scope of the authority of the public
body.

D. [
Individuals
]
A person
employed by a public body
[
shall be
]
is
prohibited from using the New Mexico Civil Rights
Act to pursue a claim arising from the [
individual's
]
person's

employment by the public body.

E. The remedies provided for in the New Mexico
Civil Rights Act are not exclusive and [
shall
]
may
be in
addition to [
any
] other remedies prescribed by law or available
[
pursuant to
]
at
common law;
provided that a person shall not
recover damages pursuant to both the New Mexico Civil Rights
Act and the Tort Claims Act for claims that arise from the same
occurrence
."

SECTION 3.
Section 41-4A-4 NMSA 1978 (being Laws 2021,
Chapter 119, Section 4) is amended to read:

"41-4A-4. PROHIBITING THE USE OF THE DEFENSE OF QUALIFIED
IMMUNITY--
PROVIDING AN EXCEPTION
.--In any claim for damages or
relief under the New Mexico Civil Rights Act, [
no
]
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
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
unless the
public body had an objectively good faith belief that the
conduct at issue did not violate the law
."

SECTION 4.
Section 41-4A-6 NMSA 1978 (being Laws 2021,
Chapter 119, Section 6) is amended to read:

"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.
]

A. Subject to the limitation in Subsection B of
this section, in an action filed pursuant to the New Mexico
Civil Rights Act, a public body's liability shall not exceed:

(1) the sum of two hundred thousand dollars
($200,000) for each legally described real property for damage
to or destruction of that legally described real property
arising from a single occurrence;

(2) the sum of three hundred thousand dollars
($300,000) for all past and future medical and medically
related expenses arising from a single occurrence; and

(3) the sum of four hundred thousand dollars
($400,000) to any person for any number of claims arising from
a single occurrence for all damages other than real property
damage and medical and medically related expenses.

B. The total liability for all claims for damages
pursuant to Paragraphs (1) and (3) of Subsection A of this
section that arise from a single occurrence shall not exceed
the sum of seven hundred fifty thousand dollars ($750,000).

C. Interest shall be allowed on a judgment against
a public body for a claim for which immunity is waived pursuant
to the New Mexico Civil Rights Act. Interest shall accrue at a
rate equal to two percentage points above the prime rate as
published in the
Wall Street Journal
on the date of the entry
of the judgment and shall be computed daily from the date of
the entry of the judgment until the date of payment.

D. A judgment against a
public body for a claim for
which immunity is waived pursuant to the New Mexico Civil
Rights Act
shall not include an award for exemplary or punitive
damages or for interest prior to judgment.
"

SECTION 5.
Section 41-4A-7 NMSA 1978 (being Laws 2021,
Chapter 119, Section 7) is amended to read:

"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
]
two
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."

SECTION 6.
Section 41-4A-9 NMSA 1978 (being Laws 2021,
Chapter 119, Section 9) is amended to read:

"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."

SECTION 7.
Section 41-4A-13 NMSA 1978 (being Laws 2021,
Chapter 119, Section 13) is amended to read:

"41-4A-13. NOTICE OF CLAIMS.--

[
A. Every person who claims damages from an act or
omission of a certified law enforcement officer under the New
Mexico Civil Rights Act shall cause to be presented to the
certified law enforcement officer's agency or department,
within one year after an occurrence giving rise to a claim
under the New Mexico Civil Rights Act, a written notice stating
the time, place and circumstances of the loss or injury.

B. No suit or action for which immunity has been
waived under the New Mexico Civil Rights Act shall be
maintained, and no court shall have jurisdiction to consider
any suit or action against the state or any local public body,
unless notice has been given as required by this section or
unless the governmental entity had actual notice of the
occurrence. The time for giving notice does not include the
time, not exceeding one year, during which the injured person
is incapacitated from giving the notice by reason of injury.

C. When a claim for which immunity has been waived
under the New Mexico Civil Rights Act is one for wrongful
death, the required notice may be presented by, or on behalf
of, the personal representative of the deceased person or any
person claiming benefits of the proceeds of a wrongful death
action, or the consular officer of a foreign country of which
the deceased was a citizen, within one year and six months
after the date of the occurrence of the injury that resulted in
the death, but if the person for whose death the claim is made
has presented a notice that would have been sufficient had the
person lived, an action for wrongful death may be brought
without any additional notice.
]

A. A person who alleges to have suffered a claim
for which immunity is waived pursuant to the New Mexico Civil
Rights Act shall give written notice of the claim to the public
body within ninety days after the occurrence giving rise to the
claim. The written notice shall state the time, place and
circumstances of the occurrence giving rise to the claim and
shall be given to:

(1) the risk management division of the
general services department if the public body is the state, an
agency of the state or an entity created by the constitution of
New Mexico;

(2) the mayor of a municipality if the public
body is a municipality;

(3) the superintendent of a school district if
the public body is a school district;

(4) the county clerk of a county if the public
body is a county; or

(5) the administrative head or chair of any
other political subdivision, advisory board, commission,
special tax district or institution of higher education if the
public body is such a subdivision, board, commission, district
or institution.

B. An action for a claim for which immunity has
been waived pursuant to the New Mexico Civil Rights Act shall
not be maintained, and a court shall not have jurisdiction to
consider such claim against a public body, unless notice is
given as provided by this section or unless the public body had
actual notice of the occurrence giving rise to the claim. The
time for giving notice does not include up to ninety days
during which an injured person is incapacitated or otherwise
unable to give notice because of the injury.

C. When a claim for which immunity has been waived
pursuant to the New Mexico Civil Rights Act is for wrongful
death, the required notice may be given by or on behalf of the
personal representative of the deceased person's estate or any
person claiming an interest in the proceeds of a wrongful death
action or the consular officer of a foreign country of which
the deceased person was a citizen. The notice shall be given
within six months after the date of the occurrence of the
injury that resulted in the death; provided that if the
deceased person gave notice of a claim that would have been
sufficient if the person lived, the claim for wrongful death
may be brought without additional notice.
"

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