2019 -- H 5699

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LC001577

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY -

GOVERNMENTAL TORT LIABILITY

     Introduced By: Representatives Craven, McEntee, O'Brien, and McKiernan

     Date Introduced: February 27, 2019

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 9-31-2 and 9-31-3 of the General Laws in Chapter 9-31 entitled

"Governmental Tort Liability" are hereby amended to read as follows:

     9-31-2. Limitations of damages -- State.

     In any tort action against the state of Rhode Island or any political subdivision thereof,

any damages recovered therein shall not exceed the sum of one hundred thousand dollars

($100,000); provided, however, that in all instances in which the state was engaged in a

proprietary function in the commission of the tort, or in any situation whereby the state has

agreed to indemnify the federal government or any agency thereof for any tort liability, the

limitation on damages set forth in this section shall not apply; provided, further, the state of

Rhode Island shall not be subject to the provisions of § 9-21-10, relating to interest in civil

judgments.

     9-31-3. Limitation of damages -- Cities, towns, and fire districts.

     In any tort action against any city or town or any fire district, any damages recovered

therein shall not exceed the sum of one hundred thousand dollars ($100,000); provided, however,

that in all instances in which the city or town or fire district was engaged in a proprietary function

in the commission of the tort, the limitation of damages set forth in this section shall not apply;

provided, further, that no city or town or fire district shall be subject to the provisions of § 9-21-

10 relating to interest in civil judgments.

     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 remove the exception to the one hundred thousand dollar ($100,000)

limitation of damages when the state is engaged in a proprietary function in the commission of a

tort, and would exempt the state and any city or town or fire district from interest awards in civil

actions.

     This act would take effect upon passage.

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LC001577

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