2015 -- H 5418

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LC000352

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY -

GOVERNMENTAL TORT LIABILITY

     Introduced By: Representatives Marcello, Hearn, and Nunes

     Date Introduced: February 12, 2015

     Referred To: House Judiciary

     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:

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

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

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

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

misconduct.

     SECTION 2. This act shall take effect upon passage.

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LC000352

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY -

GOVERNMENTAL TORT LIABILITY

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     This act would restrict the tort liability of city, town or fire district employees or officials

to those acts or omissions not performed within the scope of their employment or if actual fraud,

malice or willful misconduct is involved.

     This act would take effect upon passage.

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LC000352

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