New Mexico legislation · 2026 Regular Session
New Mexico SB146: CIVIL RIGHTS ACT CLAIM CHANGES
Status: In committee, January 27, 2026
What the bill says
An act relating to civil claims; amending the new mexico civil rights act; providing that a claim may arise from an act or the deliberate indifference of a public body or person acting on behalf of, under color of or within the course and scope of the authority of a public body; providing that a person shall not recover damages pursuant to both the new mexico civil rights act and the tort claims act for claims arising from the same occurrence; reducing the maximum recovery limit for claims; providing for and limiting interest on judgment; prohibiting exemplary or punitive damages…
From the introduced text, January 26, 2026:
AN ACT RELATING TO CIVIL CLAIMS; AMENDING THE NEW MEXICO CIVIL RIGHTS ACT; PROVIDING THAT A CLAIM MAY ARISE FROM AN ACT OR THE DELIBERATE INDIFFERENCE OF A PUBLIC BODY OR PERSON ACTING ON BEHALF OF, UNDER COLOR OF OR WITHIN THE COURSE AND SCOPE OF THE AUTHORITY OF A PUBLIC BODY; PROVIDING THAT A PERSON SHALL NOT RECOVER DAMAGES PURSUANT TO BOTH THE NEW MEXICO CIVIL RIGHTS ACT AND THE TORT CLAIMS ACT FOR CLAIMS ARISING FROM THE SAME OCCURRENCE; REDUCING THE MAXIMUM RECOVERY LIMIT FOR CLAIMS; PROVIDING FOR AND LIMITING INTEREST ON JUDGMENT; PROHIBITING EXEMPLARY OR PUNITIVE DAMAGES; REDUCING THE TIME FOR INITIATING AN ACTION FROM THREE TO TWO YEARS; REQUIRING NOTICE FOR ALL CLAIMS AND DIRECTING HOW NOTICE SHALL BE GIVEN FOR ALL CLAIMS; PROVIDING THAT A CLAIM SHALL NOT BE MAINTAINED IF NOTICE IS NOT GIVEN AS DIRECTED AND PROVIDING EXCEPTIONS FOR INJURY AND DEATH; MAKING CONFORMING AMENDMENTS. .232951.2GLG wen = lairetam derocsrednu eteled = ]lairetam detekcarb[ BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: SECTION 1. Section 41-4A-2 NMSA 1978 (being Laws 2021, Chapter 119, Section 2) is amended to read: "41-4A-2. DEFINITION.--As used in the New Mexico Civil Rights Act, "public body": A. means a state or local government, an advisory board, a commission, an agency or an entity created …
Sponsors
- George K. Muñoz (D, SD-004) · primary sponsor