Minutes 09/10/1985 - Laserfiche WebLink

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......, 149 TUESDAY, SEPTEMBER 10, 1985 Upon being apprised of the fact that legislation (in the form of Senate Bill No. 556) was introduced in the 1985 Session of the Virginia General Assembly which, had it been enacted, would remove the exemption now afforded Virginia political subdivisions from the application and provisions of the Virginia Tort Claims Act, Council unanimously adopted the following resolution expres- sing its objections to the removal of such exemption through the proposed SB No. 556 or through any other proposed legislation, now under study by a spe- cial subcommittee from the Virginia Senate: WHEREAS, in 1981, the Virginia General Assembly adopted the Virginia Tort Claims Act which abolished immunity for the Commonwealth of Virginia in cases of property loss, personal injury or death caused by negligent or wrongful act or omis- sion of any State employee while acting within the scope of his employment and under circumstances where the Commonwealth, if a private person, would be liable to the claimant for such damage, loss, injury or death; and WHEREAS, the 1982 Session of the Virginia Assembly exempted local governments from this Act; and WHEREAS, Senate Bill No. 556, as introduced in the 1985 Ses- sion of the Virginia General Assembly, proposed that Virginia counties, cities and towns come under said Act (i.e., be no longer exempted therefrom); and WHEREAS, the Senate's Courts & Justice Committee, to which SB No. 556 was referred, failed to report said bill out (of Com- mittee) because of a tie vote; and WHEREAS, a Senate subcommittee has been appointed to study the matter of local government immunity (from said Act), the mem- bers of which subcommittee are Senator William F. Parkerson, Jr., Chairman, and Senators Babalas, Bird, Goode and Mitchell; and WHEREAS, Chairman Parkerson has requested input by local govern- ments in connection with the subcommittee's study of this issue; and WHEREAS, local government immunity from the Virginia Tort Claims Act is a doctrine that is essential to the continued efficient operation and management of Virginia's political subdivisions; now, therefore, BE IT RESOLVED by the Council of the City of Martinsville, Vir- ginia in regular meeting assembled, that it hereby expresses its opposition to Senate Bill No. 556 and to any other legislation which would bring Virginia counties, cities and towns under the Virginia Tort Claims Act.