2018 -- S 2587 | |
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LC004354 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2018 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY | |
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Introduced By: Senator Marc A. Cote | |
Date Introduced: March 01, 2018 | |
Referred To: Senate Judiciary | |
(Attorney General) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 9-31-2 and 9-31-3 of the General Laws in Chapter 9-31 entitled |
2 | "Governmental Tort Liability" are hereby amended to read as follows: |
3 | 9-31-2. Limitations of damages -- State. |
4 | In any tort action against the state of Rhode Island or any political subdivision thereof, |
5 | any damages recovered therein shall not exceed the sum of one hundred thousand dollars |
6 | ($100,000); provided, however, that in all instances in which the state was engaged in a |
7 | proprietary function in the commission of the tort, or in any situation whereby the state has |
8 | agreed to indemnify the federal government or any agency thereof for any tort liability, the |
9 | limitation on damages set forth in this section shall not apply. provided, that the state of Rhode |
10 | Island shall not be subject to the provisions of § 9-21-10. |
11 | 9-31-3. Limitation of damages -- Cities, towns, and fire districts. |
12 | In any tort action against any city or town or any fire district, any damages recovered |
13 | therein shall not exceed the sum of one hundred thousand dollars ($100,000); provided, however, |
14 | that in all instances in which the city or town or fire district was engaged in a proprietary function |
15 | in the commission of the tort, the limitation of damages set forth in this section shall not apply. |
16 | provided, that no city or town or fire district shall be subject to the provisions of § 9-21-10. |
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1 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY | |
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1 | This act would remove the exception to the one hundred thousand dollar ($100,000) |
2 | limitation of damages when the state is engaged in a proprietary function in the commission of a |
3 | tort and would exempt the state and any city or town or fire district from interest awards in civil |
4 | actions. |
5 | This act would take effect upon passage. |
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