Chapter 623

2006 -- H 7502

Enacted 07/14/06

A N A C T

RELATING TO GOVERNMENTAL TORT LIABILITY

Introduced By: Representatives Loughlin, Long, and Ehrhardt

Date Introduced: February 16, 2006

It is enacted by the General Assembly as follows:

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

hereby amended by adding thereto the following section:

9-31-2.1. Limitation of damages -- State -- Commuter rail service. – Agreements

between the state and a railroad for the provision of commuter rail service shall provide that the

state shall secure and maintain a liability insurance policy covering the liability of the state and

the railroad for property damage, personal injury, bodily injury and death arising out of such

commuter rail service. Such policy shall name the state as named insured, and the railroad as an

additional insured, shall have policy limits of not less than seventy-five million dollars

($75,000,000) per occurrence annually and seventy-five million dollars ($75,000,000) in the

aggregate annually, and shall be subject to self-insured retention in an amount not less than seven

million five hundred thousand dollars ($7,500,000). In no event shall the state or the railroad be

liable in excess of the coverage limits of such insurance policy for any and all claims for damage,

whether compensatory or punitive, for property damage, personal injury, bodily injury and death

arising out of such commuter rail service.

For the purposes of this section, the term "railroad" shall include any person, railroad

corporation or other legal entity in the business of providing rail transportation which contracts

with the state for the provision of commuter rail services and the term "commuter rail service",

shall include all services performed by a railroad pursuant to a contract with the state in

connection with the transportation of rail passengers including, but not limited to, the operation of

trains, trackage and equipment, or the construction, reconstruction or maintenance of railroad

equipment, tracks and any appurtenant facilities or the provision of trackage rights over lines

owned by any such railroad.

     SECTION 2. This act shall take effect upon passage.

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LC01310

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