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  3. DUT-NM-016

Ex. DUT-NM-016 Standing duty Primary source read

House Bill 16 (2020 First Special Session), 'Coronavirus Tort Claim Immunity'

Bill to immunize a business open to the public from liability for COVID-19 exposure claims if it 'complies with federal and state laws that provide requirements for mitigation'; referred to the House Rules and Order of Business Committee June 19, 2020 and never heard

New Mexico House of Representatives, 54th Legislature, First Special Session, 2020 (bill as introduced) · New Mexico (State)

The COVID Project

The record

Jurisdiction
New Mexico
Level
State
Authority
Legislative bill; not enacted
Issued
2020-06-19 June 19, 2020
Effective
Never effective (read as 2020-06-19)
End
Died in the House Rules and Order of Business Committee at adjournment (June 22, 2020) (read as 2020-06-22)
In force
June 19, 2020 to June 22, 2020
Limitation types
Other
Addressees
  • would have applied to persons operating a business, facility or activity open to the public
Character
unenacted bill
Collection
Standing duties: New Mexico DUT-NM

Operative words

A person who operates a business, facility or activity that is open to the public shall not be liable for a breach of duty of care when damages or injury are alleged to result from exposure or potential exposure to coronavirus disease 2019 if the person complies with federal and state laws that provide requirements for mitigation of the spread of coronavirus disease 2019.

Penalty

n/a

What it required

Nothing: the bill was never enacted. Its text shows that even the shield New Mexico's Legislature considered would have protected only the business that 'complies with federal and state laws that provide requirements for mitigation'; with no shield enacted, the ordinary standard of care governed and the public health orders and the COVID-Safe Practices fixed its content for every business open to the public. Character as recorded: unenacted_bill (proposed liability shield; not enacted; liability_shield_condition layer).

Retrieval note

Bill text is the Legislature's own PDF. Status read from the Legislature's bill page (https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=16&year=20s): 'Current Location: House Rules & Order of Business Committee'; 'Legislative Day: 2; Calendar Day: 06/19/2020; Not Printed.' The 2020 Second Special Session (Nov. 2020) and 2021 Regular Session bill lists on nmlegis.gov contain no COVID-19 business-immunity measure (2021 bills on 'Coronavirus & Workers' Comp,' 'Small Business Pandemic Takings Reparations' and 'COVID Presumption for Firefighters' are not liability shields). New Mexico therefore enacted no COVID-19 liability shield in 2020 or 2021; the record states that as a verified finding from the official bill lists.