N.M. Const. art. XIV, § 1
The penitentiary at Santa Fe, the miners' hospital at Raton, the New Mexico state hospital at Las Vegas, the New Mexico boys' school at Springer, the girls' welfare home at Albuquerque, the Carrie Tingley crippled children's hospital at Truth or Consequences and the Los Lunas mental hospital at Los Lunas are hereby confirmed as state institutions. (As amended September 20, 1955 and November 8, 1960.)
The 1960 amendment, which was proposed by H.J.R. No. 14 (Laws 1959) and adopted at the general election held on November 8, 1960, with a vote of 75,987 for and 47,724 against, added the institutions following "boys' school at Springer."
The 1955 amendment, which was proposed by H.J.R. No. 15 (Laws 1955) and adopted at a special election held on September 20, 1955, by a vote of 18,702 for and 12,036 against, changed the names of the insane asylum and the reform school, respectively, to the state hospital and the boys' school.
Compiler's notes. — An amendment proposed by H.J.R. No. 10 (Laws 1993), which would have substituted "the New Mexico center for gerontology and psychiatry at Las Vegas" for "the New Mexico state hospital at Las Vegas" near the middle of the section, was submitted to the people at the general election held on November 8, 1994. It was defeated by a vote of 166,636 for and 231,931 against.
Cross references. — For confirmation of state educational institutions, see N.M. Const., art XII, § 11.
For creation of Las Vagas medical center and Los Lunas medical center, see 23-1-13 NMSA 1978.
Comparable provisions. — Idaho Const., art. X, § 1.
Montana Const., art. XII, § 3.
Miners' hospital. — In its constitution New Mexico expressly accepted conditions imposed on land grant trusts for miners' hospitals for disabled miners, confirmed the miners' hospital at Raton as a state institution, accepted all of the trust lands and stated that they would be "exclusively used for the purpose" for which they were granted. United States v. New Mexico, 536 F.2d 1324 (10th Cir. 1976).
No right to sue penitentiary in tort. — Section 42-1-1, 1953 Comp. (repealed), creating state penitentiary as public corporation with power to sue and be sued, did not grant right to sue it in tort inasmuch as such suit was in fact a suit against the state. Vigil v. Penitentiary of N.M., 1948-NMSC-032, 52 N.M. 224, 195 P.2d 1014. But see Tort Claims Act, Section 41-4-1 NMSA 1978 et seq.
Boys' school cannot be sued absent specific legislation. — The New Mexico boys' school is a state institution and therefore a governmental agency, which cannot be sued in absence of specific legislative permission. 1964 Op. Att'y Gen. No. 64-79. But see Tort Claims Act, Section 41-4-1 NMSA 1978 et seq.
No amendment necessary should land grant beneficiary move. — So long as the seven institutions named in this section remain named as the land grant beneficiaries, no amendment of this section is necessary should one of the institutions move to another location. 1980 Op. Att'y Gen. No. 80-16.
Hospital entitled to funds if remains essentially as defined. — If the Carrie Tingley crippled children's hospital should move from Truth or Consequences to another location, but, nevertheless, remain essentially the institution defined in this section, it would retain its entitlement to the funds derived from lands granted under the Enabling Act. 1980 Op. Att'y Gen. No. 80-16.
Authority to move penitentiary out of Santa Fe. — "The penitentiary at Santa Fe" is merely descriptive and not mandatory language. Under the broad powers granted by 33-2-2 and 33-2-5 NMSA 1978 to sell real, personal or mixed property, penitentiary commissioners have authority to move penitentiary out of county of Santa Fe if in their judgment they deem it necessary and proper for the operation and management of the penitentiary. 1953 Op. Att'y Gen. No. 53-5628.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Hospitals and Asylums § 2; 60 Am. Jur. 2d Penal and Correctional Institutions § 2.
State's immunity from tort liability as dependent on governmental or proprietary nature of function, 40 A.L.R. 927.
Immunity from liability for damages in tort of state or governmental unit or agency in operating hospital, 25 A.L.R.2d 203, 18 A.L.R.4th 858.
Right of state or its political subdivision to maintain action in another state for support and maintenance of defendant's child, parent or dependent in plaintiff's institution, 67 A.L.R.2d 771.
Liability or indemnity insurance carried by governmental unit as affecting immunity from tort liability, 68 A.L.R.2d 1437.
Liability of hospital, physician, or other individual medical practitioner for injury or death resulting from blood transfusion, 20 A.L.R.4th 136.
Liability of blood supplier or donor for injury or death resulting from blood transfusion, 24 A.L.R.4th 508.
7 C.J.S. Asylums § 4; 41 C.J.S. Hospitals § 6; 72 C.J.S. Prisons § 2.