SB 1024 Modifies provisions relating to liability for tort claims against the state, state entities, and state employees
Sponsor: Scott
LR Number: 3344S.04I Fiscal Note: 3344-04
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 3/10/2008 - Hearing Conducted S Judiciary and Civil & Criminal Jurisprudence Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2008

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Current Bill Summary


SB 1024 - Currently, the state legal expense fund is liable, excluding punitive damages, for all economic damages to any one claimant and up to $350,000 for noneconomic damages for any judgment against a state officer or employee for claims arising from the operation of a motor vehicle or from causing a dangerous condition of property. This act limits the amount of liability for such claims to 2 million dollars for all claims arising from a single occurrence, and $300,000 for any one person in a single accident or occurrence.

If these two types of claims are brought against the state or state entities and are also brought against an officer or employee thereof, the maximum allowable recovery shall be reduced by any amount paid towards the claim by the state, its entities, its officers or employees, or anyone acting on their behalf.

Current law provides that state entities waive their immunity for liability for claims arising from the operation of a motor vehicle, up to the dollar amount provided in current law. This act provides that if an operator of a motor vehicle owned or operated on behalf of the state or its entities is found to be immune from liability for any reason, the state or its public entities shall have no liability.

The act also repeals provisions of current law that allow a plaintiff in a negligence action against the Department of Transportation to request that the case be arbitrated.

This act is similar to SB 78 (2007).

ALEXA PEARSON