44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO GOVERNMENTAL IMMUNITY; LIMITING LIABILITY FOR DAMAGES CAUSED BY THE FAILURE OF CERTAIN EQUIPMENT TO PRODUCE A CORRECT DATE AFTER DECEMBER 31, 1999.

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

Section 1. Section 41-4-19 NMSA 1978 (being Laws 1976, Chapter 58, Section 17, as amended) is amended to read:

"41-4-19. MAXIMUM LIABILITY.--

A. In any action for damages against a governmental entity or a public employee while acting within the scope of his duties as provided in the Tort Claims Act, the liability shall not exceed:

(1) the sum of one hundred thousand dollars ($100,000) for damage to or destruction of property arising out of a single occurrence; and

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

(3) the sum of four hundred thousand dollars ($400,000) to any person for any number of claims arising out of a single occurrence for all damages other than property damage and medical and medically related expenses as permitted under the Tort Claims Act; or

(4) the sum of seven hundred fifty thousand dollars ($750,000) for all claims other than medical or medically related expenses arising out of a single occurrence.

B. In any action for damages against a governmental entity or a public employee while acting within the scope of his duties as provided in the Tort Claims Act, the liability for damages that are the direct or indirect result of the failure or malfunction of computer hardware, computer software, microchip-controlled firmware, or other equipment affected by the failure, or to correctly produce, calculate or generate a date after December 31, 1999, shall not include any award for consequential damages and shall not exceed:

(1) the sum of five thousand dollars ($5,000) for damage to or destruction of property arising out of a single occurrence; and

(2) the sum of fifteen thousand dollars ($15,000) for all past and future medical and medically related expenses arising out of a single occurrence; and

(3) the sum of twenty thousand dollars ($20,000) to any person for all claims arising out of a single occurrence for all damages other than property damage and medical and medically related expenses as permitted under the Tort Claims Act; or

(4) the sum of thirty-seven thousand five hundred dollars ($37,500) for all claims other than medical or medically related expenses arising out of a single occurrence.

[B.] C. No judgment against a governmental entity or public employee for any tort for which immunity has been waived under the Tort Claims Act shall include an award for exemplary or punitive damages or for interest prior to judgment.

D. before a claimant may commence an action against a person for harm caused by a computer date failure pursuant to Subsection B of this section, the claimant must notify the person of the failure, describe the failure and provide the person a reasonable opportunity to cure the failure or to make restitution. The person must have at least three months to cure the failure or to make restitution. If a claimant commences an action against a defendant for harm caused by a computer date failure without providing the defendant an opportunity to cure the failure or to make restitution, the court shall dismiss the action with prejudice."