Bill Text: HI SB890 | 2018 | Regular Session | Introduced
Bill Title: Relating To Government Tort Liability.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-17 - Re-Referred to JDC/GVO, WAM. [SB890 Detail]
Download: Hawaii-2018-SB890-Introduced.html
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THE SENATE |
S.B. NO. |
890 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO GOVERNMENT TORT LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to amend section 663-10.5, Hawaii Revised Statutes, to abolish joint and several liability for government entities in all cases under chapter 663, Hawaii Revised Statutes, so that government entities would only be liable for the percentage share of the damages actually attributable to the government entities.
SECTION 2. Section 663-10.5, Hawaii Revised Statutes, is amended to read as follows:
"§663-10.5 Government entity as a
tortfeasor; abolition of joint and several liability. Any other law to the
contrary notwithstanding, including but not limited to sections 663-10.9,
663-11 to 663-13, 663-16, 663-17, and 663-31, in any case where a government
entity is determined to be a tortfeasor along with one or more other
tortfeasors, the government entity shall be liable for no more than that
percentage share of the damages attributable to the government entity[; provided
that joint and several liability shall be retained for tort claims relating to
the maintenance and design of highways pursuant to section 663-10.9].
For purposes of this section, "government entity" means any unit of government in this State, including the State and any county or combination of counties, department, agency, institution, board, commission, district, council, bureau, office, governing authority, or other instrumentality of state or county government, or corporation or other establishment owned, operated, or managed by or on behalf of this State or any county.
For purposes of this section, the liability of a government entity shall include its vicarious liability for the acts or omissions of its officers and employees."
SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST
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Report Title:
Government Tort Liability
Description:
Clarifies that government entities are only liable in certain cases for the percentage share of the damages they actually caused.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
