SB 1315: RELATING TO ABOLITION OF JOINT AND SEVERAL LIABILITY FOR GOVERNMENT ENTITIES IN HIGHWAY-RELATED CIVIL ACTIONS.

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 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 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] Notwithstanding 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] not 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.  Section 663-10.9, Hawaii Revised Statutes, is amended to read as follows:

     "§663-10.9  Abolition of joint and several liability; exceptions.  Joint and several liability for joint tortfeasors as defined in section 663-11 is abolished except in the following circumstances:

     (1)  For the recovery of economic damages against joint tortfeasors in actions involving injury or death to persons;

     (2)  For the recovery of economic and noneconomic damages against joint tortfeasors in actions involving:

          (A)  Intentional torts;

          (B)  Torts relating to environmental pollution;

          (C)  Toxic and asbestos-related torts;

          (D)  Torts relating to aircraft accidents;

          (E)  Strict and products liability torts; or

          (F)  Torts relating to motor vehicle accidents [except as provided in paragraph (4)]; and

     (3)  For the recovery of noneconomic damages in actions, other than those enumerated in paragraph (2), involving injury or death to persons against those tortfeasors whose individual degree of negligence is found to be twenty-five per cent or more under section 663-31.  Where a tortfeasor's degree of negligence is less than twenty-five per cent, then the amount recoverable against that tortfeasor for noneconomic damages shall be in direct proportion to the degree of negligence assigned; [and

     (4)  For the recovery of noneconomic damages in motor vehicle accidents involving tort actions relating to the maintenance and design of highways including actions involving guardrails, utility poles, street and directional signs, and any other highway-related device upon a showing that the affected joint tortfeasor was given reasonable prior notice of a prior occurrence under similar circumstances to the occurrence upon which the tort claim is based.  In actions in which the affected joint tortfeasor has not been shown to have had such reasonable prior notice, the recovery of noneconomic damages shall be as provided in paragraph (3).

     (5)  Provided, however,] provided that joint and several liability for economic and noneconomic damages for claims against design professionals, as defined in [chapter 672,] section 663-10.98, and certified public accountants, as defined in chapter 466, is abolished in actions not involving physical injury or death to persons."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050.

Report Title:

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

Description:

Abolishes joint and several liability for government entities in claims and cases relating to the maintenance and design of highways.  Makes government entities liable only for the percentage share of the damages actually attributable.  Effective 7/1/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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 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 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.  Section 663-10.9, Hawaii Revised Statutes, is amended to read as follows:

     "§663-10.9  Abolition of joint and several liability; exceptions.  Joint and several liability for joint tortfeasors as defined in section 663-11 is abolished except in the following circumstances:

     (1)  For the recovery of economic damages against joint tortfeasors in actions involving injury or death to persons;

     (2)  For the recovery of economic and noneconomic damages against joint tortfeasors in actions involving:

          (A)  Intentional torts;

          (B)  Torts relating to environmental pollution;

          (C)  Toxic and asbestos-related torts;

          (D)  Torts relating to aircraft accidents;

          (E)  Strict and products liability torts; or

          (F)  Torts relating to motor vehicle accidents [except as provided in paragraph (4)]; and

     (3)  For the recovery of noneconomic damages in actions, other than those enumerated in paragraph (2), involving injury or death to persons against those tortfeasors whose individual degree of negligence is found to be twenty-five per cent or more under section 663-31.  Where a tortfeasor's degree of negligence is less than twenty-five per cent, then the amount recoverable against that tortfeasor for noneconomic damages shall be in direct proportion to the degree of negligence assigned; [and

     (4)  For the recovery of noneconomic damages in motor vehicle accidents involving tort actions relating to the maintenance and design of highways including actions involving guardrails, utility poles, street and directional signs, and any other highway-related device upon a showing that the affected joint tortfeasor was given reasonable prior notice of a prior occurrence under similar circumstances to the occurrence upon which the tort claim is based.  In actions in which the affected joint tortfeasor has not been shown to have had such reasonable prior notice, the recovery of noneconomic damages shall be as provided in paragraph (3).

     (5)  Provided,]

provided, however, that joint and several liability for economic and noneconomic damages for claims against design professionals, as defined in [chapter 672,] section 663-10.98, and certified public accountants, as defined in chapter 466, is abolished in actions not involving physical injury or death to persons."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval

Report Title:

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

Description:

Amends sections 663-10.5 and 663-10.9, 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 would be liable only for the percentage share of the damages actually attributable to them.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 620

Honolulu, Hawaii

RE:    S.B. No. 1315

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Transportation and Culture and the Arts, to which was referred S.B. No. 1315 entitled:

"A BILL FOR AN ACT RELATING TO ABOLITION OF JOINT AND SEVERAL LIABILITY FOR GOVERNMENT ENTITIES IN HIGHWAY-RELATED CIVIL ACTIONS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Abolish joint and several liability for government entities in claims and cases relating to the maintenance and design of highways; and

     (2)  Make government entities liable only for the percentage share of the damages actually attributable.

     Your Committee received testimony in support of this measure from the Department of Transportation and Department of the Attorney General.

     Your Committee received testimony in opposition to this measure from the Hawaii Association for Justice.

     Your Committee finds that under state law, government entities are currently subject to joint and severable liability 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.  "Joint and severable liability" means that when multiple parties are responsible for harm, each individual party can be held fully liable for the entire amount of damages incurred, even if that party was only partially responsible for the harm involved.  This measure will address this issue by abolishing joint and several liability in cases relating to the maintenance and design of highways, so that government entities are liable only for the share of the damages actually attributable to them. 

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Transportation and Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1315, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1315, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation and Culture and the Arts,