Introduced By: Senators Bates, Roney, Irons, McDonald and Cote
Date Introduced : January 28, 1999
It is enacted by the General Assembly as follows:
{DEL
SECTION 1. Section 9-31-1 of the General Laws in Chapter 9-31
entitled "Governmental Tort Liability" is hereby amended
to read as follows:
9-31-1. Tort liability of state. -- {ADD (a) ADD} The state of Rhode Island and any political subdivision thereof, including all cities and towns, shall, subject to the period of limitations set forth in section 9-1-25, hereby be liable in all actions of tort in the same manner as a private individual or corporation; provided, however, that any recovery in any such action shall not exceed the monetary limitations thereof set forth in this chapter.
{ADD (b) Liability for any claim arising prior to December 31, 2002 from the failure of a computer, software program, database, network, information system, firmware, embedded chip, or any other device, whether operated by or on behalf of the state of Rhode Island or one of its agencies, departments, divisions, or any public body as defined in section 9-1-31.1(a)(1) to interpret, produce, calculate, generate, or account for a date(s) or time(s) which date(s) or time(s) is associated with the year 2000 date change shall be governed by the monetary limitations of this section, provided that the public entity will only be liable for the proportion of damages attributable to its own degree of fault, and provided further that the public entity has used due diligence in preparing for the year 2000 date change. This provision of this section shall apply without limitation to cities, towns, school committees, regional school committees, housing authorities, public libraries, sewer districts, water districts, fire districts, agencies, authorities, boards, committees, subcommittees, councils and commissions. ADD}
SECTION 2. This act shall take effect upon passage. DEL}
SECTION 1. Section 9-31-1 of the General Laws in Chapter 9-31 entitled "Governmental Tort Liability" is hereby amended to read as follows:
9-31-1. Tort liability of state. -- {ADD (a) ADD} The state of Rhode Island and any political subdivision thereof, including all cities and towns, shall, subject to the period of limitations set forth in section 9-1-25, hereby be liable in all actions of tort in the same manner as a private individual or corporation; provided, however, that any recovery in any such action shall not exceed the monetary limitations thereof set forth in this chapter.
{ADD (b) Except as otherwise provided herein, neither the State nor any other public body of the State of Rhode Island shall have any liability for any claim arising prior to December 31, 2002 from the failure of a computer, software program, database, network, information system, firmware, embedded chip, or any other device, whether operated by or on behalf of the State of Rhode Island or one of its agencies, departments, divisions, or any public body as defined in section 9-1-31.1(a)(1) to interpret, produce, calculate, generate, or account for a date(s) or time(s) which date(s) or time(s) is associated with the year 2000 date change. This provision of this section shall apply without limitation to cities, towns, school committees, regional school committees, housing authorities, public libraries, sewer district, water districts, fire districts, agencies, authorities, boards, committees, subcommittees, councils and commissions. Provided that nothing herein contained shall exempt any public body from liability: ADD}
{ADD (1) For acts or omissions not in good faith, or ADD}
{ADD (2) For any malicious, willful, wanton reckless or grossly negligent acts or omissions. ADD}
{ADD Provided that the public entity will only be liable for the proportion of damages attributable to its own degree of fault, and provided further that any such liability shall be governed by the monetary limitations of this chapter. ADD}
SECTION 2. This act shall take effect upon passage.
