2019 -- S 0708

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LC001903

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY

     

     Introduced By: Senators Goodwin, Ciccone, and Miller

     Date Introduced: March 21, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 9-31-2 and 9-31-3 of the General Laws in Chapter 9-31 entitled

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"Governmental Tort Liability" are hereby amended to read as follows:

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     9-31-2. Limitations of damages -- State.

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     In any tort action against the state of Rhode Island or any political subdivision thereof,

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any damages recovered therein shall not exceed the sum of one hundred thousand dollars

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($100,000); provided, however, that in all instances in which the state was engaged in a

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proprietary function in the commission of the tort, or in any situation whereby the state has

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agreed to indemnify the federal government or any agency thereof for any tort liability, the

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limitation on damages set forth in this section shall not apply. The state of Rhode Island shall not

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be subject to the provisions of § 9-21-10.

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     9-31-3. Limitation of damages -- Cities, towns, and fire districts.

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     In any tort action against any city or town or any fire district, any damages recovered

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therein shall not exceed the sum of one hundred thousand dollars ($100,000); provided, however,

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that in all instances in which the city or town or fire district was engaged in a proprietary function

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in the commission of the tort, the limitation of damages set forth in this section shall not apply.

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No city or town or fire district shall be subject to the provisions of § 9-21-10.

 

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     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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     This act would remove the exception to the one hundred thousand dollar ($100,000)

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limitation of damages when the state, any city or town or fire district is engaged in a proprietary

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function in the commission of a tort or the state has agreed to indemnify the federal government

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or any agency for any tort liability. The act would also exempt the state, any city or town or fire

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district from interest in civil actions.

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     This act would take effect upon passage.

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