New Mexico Statutes 41-4-26. Home rule municipality tort claims ordinances;
severability; applicability.
Terms Used In New Mexico Statutes 41-4-26
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
A. Any provision of an ordinance adopted by a home rule municipality providing for the insurance or self-insurance of tort liability risks of the home rule municipality is declared to be severable if any part or application of such ordinance is held invalid.
B. Any home rule municipality which has adopted an ordinance providing for the insurance or self-insurance of any or all of the tort liability risks of the municipality, shall not be eligible to participate in the public liability fund created pursuant to Section 41-4- 23 NMSA 1978.
C. A home rule municipality which has adopted an ordinance insuring or self- insuring its tort liability risks prior to July 1, 1978 or which has adopted an ordinance after July 1, 1978 insuring or self-insuring its tort liability risks pursuant to Subsection B of Section 41-4-25 N.M. Stat. Ann. may elect to be covered by the public liability fund created pursuant to Section 41-4-23 N.M. Stat. Ann. for the subsequent calendar years by:
(1) giving notice of the repeal of its ordinance to the risk management division prior to December 1 of any calendar year; and
(2) paying such assessments as may be determined by the risk management division. Occurrences giving rise to claims arising during any period of time [in] which a home rule municipality had a valid or invalid ordinance insuring or self-insuring its risks shall be governed by the ordinance in effect at the time the claims arose and not by the public liability fund created pursuant to Section 41-4-23 N.M. Stat. Ann..