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
  G:\BILLTEXT\AMEND_97\H1165JC1