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F I S C A L I M P A C T R E P O R T
SPONSOR Grubesic
DATE TYPED 02/19/05 HB
SHORT TITLE Human Services Referral Service Liability
SB 623
ANALYST Weber
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Human Services Department
SUMMARY
Synopsis of Bill
Senate Bill 623 provides liability protection for an employee, agent, financial supporter or volun-
teer of an entity providing referral services for human services functions.
The bill provides that 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 arising from the good faith conduct by the employee, agent, financial supporter or vol-
unteer while acting within the scope of the duties performed for the referral service.
However, if the employee, agent, financial supporter or volunteer of the referral service acts
intentionally or with gross negligence, the liability protection does not apply.
Significant Issues
The Human Services Department reports.
A human services referral service is defined as “a referral service that responds to question from
consumers or potential consumers of public assistance, federal entitlement programs or other
human services programs.” In addition the protection only applies if a dedicated three digit toll
pg_0002
Senate Bill 623 -- Page 2
free number is called.
Human Services reports at this time, no such referral service exists. HSD employees who pro-
vide information to the public are protected from liability by the New Mexico Tort Claims Act.
MW/yr