SENATE BILL 623

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

INTRODUCED BY

John T. L. Grubesic

AN ACT

RELATING TO HUMAN SERVICES; PROVIDING LIABILITY PROTECTION FOR HUMAN SERVICES REFERRAL SERVICES.

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

     Section 1. A new section of Chapter 27 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] HUMAN SERVICES REFERRAL SERVICE--LIABILITY IMMUNITY.--

          A. An employee, agent, financial supporter or volunteer of a human services referral service is not liable for damages in a civil action for injury, death or loss to a person or property resulting from an act or omission by the employee, agent, financial supporter or volunteer of a human services referral service that arises from the good faith conduct of the employee, agent, financial supporter or volunteer of the human services referral service while acting within the scope of the duties performed for the human services referral service, including the developing, adopting, authorizing, implementing, maintaining, enhancing or operating of the human services referral service unless the act or omission and subsequent injury, death or loss to a person or property was intentionally caused or resulted from the gross negligence of the employee, agent, financial supporter or volunteer of the human services referral service.

          B. As used in this section, "human services referral service" means a referral service that responds to questions from consumers or potential consumers of public assistance, federal entitlement programs or other human services programs who contact the referral service by use of a dedicated three-digit toll-free telephone number, such as 2-1-1, by providing information about human services programs available to residents of New Mexico."

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