Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

F I S C A L I M P A C T R E P O R T

SPONSOR Lujan

ORIGINAL DATE

LAST UPDATED

1/25/2006

2/9/2006 HB 403/aHJC

SHORT TITLE Acequia Association Employee Tort Liability

SB

ANALYST McOlash

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

$0.0

$0.0

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates: SB 326

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Finance & Administration (DFA)

SUMMARY

Synopsis of HJC Amendment

The House Judiciary Committee amendment adds the following language on page 1, line 22:

All community ditches or acequias, and their public employees acting lawfully and within the

scope of their duties, . . .

Synopsis of Original Bill

House Bill 403 amends the N.M. Tort Claims Act, Section 41-4-13 NMSA 1978 to protect pub-

lic employees of community ditches or acequias from tort claims ( lawsuits filed by persons al-

leging damage to person or property) while acting within the scope of their duties.

House Bill 403 also amends the Ditches or Acequias Act, Section 73-2-1 NMSA 1978 by adding

a section stating that officers, volunteers, and employees of acequias and community ditch asso-

ciations are public employees under the Tort Claims Act. Acequia or community ditch associa-

tions may request insurance and self-insurance coverage from the Risk Management Division of

the General Services Department.

House Bill 403/aHJC– Page 2

SIGNIFICANT ISSUES

Current law (Section 41-4-3 NMSA 1978) only excludes the community ditch association and

the acequia itself -- not the actual employee--from the waiver of immunity (i.e., if an employee is

excluded from the waiver of sovereign immunity from liability, then the employee is immune

from liability--when acting within the scope of your duties).

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Duplicates SB 326

TECHNICAL ISSUES

A DFA attorney recommends including "and public officers" so that it is clear that appointed

members of the acequia commission or other appointed public officers are covered and are also

immune from liability (Line 21 after acequias,).

The New Mexico Acequia Association has correctly pointed out that the Tort Claims Act [41-4-

3, F) already defines a public employee to include an “officer” and the above technical issue is

redundant and unnecessary.

BMC/mt:nt