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2013 -- H 5765 | |
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LC01557 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO COURTS AND CIVIL PROCEDURE - GOVERNMENTAL TORT | |
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LIABILITY | |
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Introduced By: Representatives Marcello, Nunes, Newberry, and Hearn | |
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Date Introduced: February 28, 2013 | |
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Referred To: House Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 9-31-3 of the General Laws in Chapter 9-31 entitled "Governmental |
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Tort Liability" is hereby amended to read as follows: |
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9-31-3. Limitation of damages -- Cities, towns, and fire districts. -- In any tort action |
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against any city or town or any fire district, any damages recovered therein shall not exceed the |
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sum of |
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provided, however, that in all instances in which the city or town or fire district was engaged in a |
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proprietary function in the commission of the tort, the limitation of damages set forth in this |
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section shall not apply; and provided further, that any employee or official of said entities shall |
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not be sued in his or her personal or individual capacity except upon a showing, by clear and |
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convincing evidence, that the act or omission was not within the scope of employment, or the act |
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or omission was because of actual fraud, actual misconduct, or actual malice. |
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SECTION 2. This act shall take effect upon passage. |
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LC01557 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO COURTS AND CIVIL PROCEDURE - GOVERNMENTAL TORT | |
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LIABILITY | |
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This act would raise the threshold for damages against a city, town, or fire district from |
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one hundred thousand dollars ($100,000) to two hundred fifty thousand dollars ($250,000) and |
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further would allow said employees to be sued only under certain conditions. |
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This act would take effect upon passage. |
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LC01557 | |
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