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MA H1724
Bill
Status
2/27/2025
Primary Sponsor
Carmine Gentile
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AI Summary
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Replaces Massachusetts Tort Claims Act (Chapter 258) to establish that persons harmed by government entities or employees are entitled to "prompt, fair and reasonable compensation" for losses
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Eliminates the presentment requirement before filing suit and sets a 3-year statute of limitations for most claims, with civil actions filed directly in court
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Establishes "serious personal injury" threshold at injuries causing disfigurement, loss of bodily function, debilitating emotional harm, or medical costs/lost wages exceeding $2,500; "serious property damage" set at $2,500 minimum (excluding motor vehicles and residences)
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Requires the Attorney General to procure insurance or establish a self-insurance program for all public employers, with costs allocated proportionally among the commonwealth, cities, towns, and counties
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Provides indemnification for public employees up to $10,000,000 for intentional torts or civil rights violations committed within scope of employment, except where employee acted intentionally, with gross negligence, or maliciously; prohibits confidentiality terms in settlement agreements and bans mandatory arbitration clauses
Legislative Description
To modernize public liability
Last Action
Reported by committee to Clerk’s Office for processing, will accompany a study order
10/20/2025