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

SPONSOR Cisneros

ORIGINAL DATE

LAST UPDATED

1/25/2006

2/12/2006 HB

SHORT TITLE Acequia Association Employee Tort Liability

SB 326/aHAGC

ANALYST McOlash/Earp

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

$0.0

$0.0

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates: HB 403

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Finance & Administration (DFA)

SUMMARY

Synopsis of HAGC Amendment

The House Agriculture and Water Resources Committee amendment to Senate Bill 326 clarifies

that public employees of community ditches or acequias are to be covered under the Tort Claims

Act if they are lawfully performing their duties.

Synopsis of Original Bill

Senate Bill 326 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.

Senate Bill 326 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.

Senate Bill 326/aHAGC – 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 HB 403

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