THE SENATE

S.B. NO.

3038

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ABOLITION OF JOINT AND SEVERAL LIABILITY FOR GOVERNMENT ENTITIES IN HIGHWAY-RELATED CIVIL ACTIONS.

 

 

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 claims and cases relating to the maintenance and design of highways including actions involving guardrails, utility poles, street and directional signs, and any other highway-related device 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 in any and all applicable claims and cases.

     SECTION 2.  Section 663-10.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  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]."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST

 

 

 

Report Title:

Joint and Several Liability; Repeal; Government Entities; Highway-Related Civil Actions

 

 

Description:

Amends section 663-10.5, HRS, to abolish joint and several liability for government entities in claims and cases relating to the maintenance and design of highways under chapter 663, HRS, so that government entities are only liable in certain cases for the percentage share of the damages they actually caused.

 

 

 

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