2013 -- H 5766

=======

LC01558

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - GOVERNMENTAL TORT

LIABILITY

     Introduced By: Representatives Marcello, Nunes, Newberry, Keable, and Ackerman

     Date Introduced: February 28, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

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

1-2

hereby amended by adding thereto the following section:

1-3

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

1-4

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

1-5

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

1-6

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

1-7

misconduct.

1-8

     SECTION 2. This act shall take effect upon passage.

=======

LC01558

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - GOVERNMENTAL TORT

LIABILITY

***

2-1

     This act would allow town, city, and fire district employees or officials to be sued under

2-2

certain conditions.

2-3

     This act would take effect upon passage.

=======

LC01558

=======