2015 -- H 5418

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LC000352

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY -

GOVERNMENTAL TORT LIABILITY

     

     Introduced By: Representatives Marcello, Hearn, and Nunes

     Date Introduced: February 12, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 9-31 of the General Laws entitled "Governmental Tort Liability" is

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hereby amended by adding thereto the following section:

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     9-31-3.1. Tort liability restrictions - Town, city or fire districts. -- A city, town, or fire

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district employee or official may be sued in his or her individual capacity, only if it can be

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established that his or her act or omission, upon which the cause of action was based, was not

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performed within the scope of his or her employment or it involved actual fraud, malice or willful

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misconduct.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY -

GOVERNMENTAL TORT LIABILITY

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     This act would restrict the tort liability of city, town or fire district employees or officials

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to those acts or omissions not performed within the scope of their employment or if actual fraud,

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malice or willful misconduct is involved.

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     This act would take effect upon passage.

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