Bill > H1526

This bill proposes to repeal and replace the current G.L. c. 258, which covers claims and indemnity procedures for the Commonwealth, municipalities, counties, and districts, as well as their officers and employees. The key provisions of the bill are: 1. It establishes that all persons harmed by the Commonwealth or any governmental agency or their employees/agents are entitled to prompt, fair, and reasonable compensation for their losses, with no personal liability for public employees who were acting within the scope of their duties, except in cases of knowing, willful, intentional, corrupt, or wanton disregard for others. 2. It defines key terms like "public employer," "public employee," and "serious personal injury/property damage," and outlines the liability and remedies available under the law. 3. It sets procedures for instituting claims, including allowing direct filing of lawsuits without prior presentment, opportunities for mediation, and limitations on actions. 4. It provides for the Attorney General to procure insurance or manage a self-insurance program to cover claims against public employers. 5. It specifies indemnification and legal representation requirements for public employees, particularly those in law enforcement. 6. It outlines exceptions where public employers are not liable, such as for discretionary acts, tax assessments, and failures to provide certain services. 7. It allows the court to award costs and legal fees in cases of frivolous claims or bad faith actions by either party.

Justice

https://malegislature.gov/Bills/193/H1526