SB 1324 | Repeals the sovereign immunity waiver imposed on multi-state compact agencies agencies for proprietary functions |
Sponsor: | Dolan | Co-Sponsor(s) | ||
LR Number: | 4624S.02I | Fiscal Note: | 4624-02 | |
Committee: | Judiciary and Civil & Criminal Jurisprudence | |||
Last Action: | 03/08/04 - Hearing Conducted S Judiciary and Civil and Criminal | Journal page: | ||
Jurisprudence Committee | ||||
Title: | ||||
Effective Date: | August 28, 2004 | |||
SB 1324 - This act repeals the sovereign immunity waiver imposed on multi-state compact agencies for their proprietary functions. Under the current law, such agencies enjoy no sovereign or governmental immunity for their proprietary functions. This act also includes the provisions found in SB 957 (2004). Under this act, a claimant's failure to wear a seat belt shall be admissible as evidence on the issue of comparative negligence. Under the current law, failure to wear a seat belt is not considered evidence of comparative negligence.
This act modifies the law regarding sovereign immunity
with respect to public employees. Under this act, the remedy
against a public entity under the sovereign immunity statutes
for injuries, death or property damage arising from negligent
acts or omissions of its public employees is exclusive or any
other civil action or proceeding for money damages against the
employee or the employee's estate. Any other civil action
relating to the same subject matter against the civil employee
is precluded without regard to when the act or omission
occurred. The doctrine of joint and several liability shall
not apply against any public entity or public employee under
any cause of action arising under sovereign immunity
principles.
STEPHEN WITTE