Chapter
06-634
2006 -- S 2417
Enacted 07/14/06
A N A
C T
RELATING TO
GOVERNMENTAL TORT LIABILITY
Introduced By: Senator
David E. Bates
Date Introduced: February
09, 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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LC01308
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