MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary A

By: Representative Mayo

AN ACT TO AMEND SECTION 11-46-5, MISSISSIPPI CODE OF 1972, TO EXPAND RECOVERY UNDER THE TORTS CLAIM ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 11-46-5, Mississippi Code of 1972, is amended as follows:

11-46-5. (1) Notwithstanding the immunity granted in Section 11-46-3, or the provisions of any other law to the contrary, the immunity of the state and its political subdivisions from claims for money damages arising out of the torts of such governmental entities and the torts of their employees while acting within the course and scope of their employment is hereby waived from and after July 1, 1993, as to the state, and from and after October 1, 1993, as to political subdivisions; provided, however, immunity of a governmental entity in any such case shall be waived only to the extent of the maximum amount of liability provided for in Section 11-46-15.

(2) For the purposes of this chapter, an employee shall not be considered as acting within the course and scope of his employment and a governmental entity shall not be liable or be considered to have waived immunity for any conduct of its employee if the employee's conduct constituted fraud, malice, libel, slander, defamation or any criminal offense other than traffic violations.

(3) For the purposes of this chapter and not otherwise, it shall be a rebuttable presumption that any act or omission of an employee within the time and at the place of his employment is within the course and scope of his employment.

(4) For the purposes of this chapter and not otherwise, damage to beehives and related property when caused by black bears shall be considered a tort on the part of the Department of Wildlife, Fisheries and Parks for which recovery may be had under this chapter.

(5) Nothing contained in this chapter shall be construed to waive the immunity of the state from suit in federal courts guaranteed by the Eleventh Amendment to the Constitution of the United States.

SECTION 2. This act shall take effect and be in force from and after its passage.