SB 486
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AN ACT
RELATING TO TORTS; PROVIDING EXCLUSION FROM THE WAIVER OF
IMMUNITY FOR IRRIGATION AND CONSERVANCY DISTRICTS THAT
AUTHORIZE ANY PART OF THEIR PROPERTY TO BE USED AS PART OF
TRAILS WITHIN A STATE PARK, THE STATE TRAILS SYSTEM OR A
LOCAL PUBLIC TRAIL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 41-4-6 NMSA 1978 (being Laws 1976,
Chapter 58, Section 6, as amended) is amended to read:
"41-4-6. LIABILITY--BUILDINGS, PUBLIC PARKS, MACHINERY,
EQUIPMENT AND FURNISHINGS.--
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 in the
operation or maintenance of any building, public park,
machinery, equipment or furnishings.
B.
Nothing in this section shall be construed as
granting waiver of immunity for any damages arising out of
the operation or maintenance of works used for diversion or
storage of water.
C. All irrigation and conservancy districts and
their public employees acting lawfully and within the scope
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SB 486
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of their duties that authorize any part of their property to
be used as part of trails within a state park, the state
trails system or a trail established and managed by a local
public body are excluded from the waiver of immunity under
Subsection A of this section for damages arising out of the
operation or maintenance of such trails if the irrigation or
conservancy district has entered into a written agreement
with the state agency or local public body operating or
maintaining the trail and that state agency or local public
body has agreed to assume the operation and maintenance of
that portion of the district's property used for the trail;
the state agency or local public body operating or
maintaining the trail shall be subject to liability as
provided in the Tort Claims Act."