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COUNTY OF HAWAII <br />RESOLUTION NO. <br />STATE OF HAWAII <br />8'7 09 <br />RESOLUTION SUPPORTING THE PASSAGE OF HOUSE BILL 1037, 2009 <br />HAWAII STATE LEGISLATURE, RELATING TO LIMITING THE LIABILITY OF <br />GOVERNMENT ENTITIES TO THE PERCENTAGE SHARE OF THE DAMAGES <br />ACTUALLY CAUSED BY THEM. <br />BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`L• <br />WHEREAS, House Bill 1037, HD2 proposes that government entities should <br />only be liable in certain cases for the percentage share of the damages actually caused by <br />them in civil tort cases; and <br />WHEREAS, the purpose of House Bill 1037, HD2 is to abolish joint and several <br />liability for government entities in all cases under Chapter 663, Hawaii Revised Statutes, <br />as amended; and <br />WHEREAS, the Council believes government should not be the "deep pocket" <br />that ends up paying for the fault or negligence of inattentive drivers or other persons who <br />commit civil wrongs in our community; and <br />WHEREAS, proposed material changes to House Bill 1037, HD2 include the <br />deletion of the following bracketed and italicized language and addition of the underlined <br />language: <br />Section 663-10.5 Government entity as a tortfeasor; abolition of joint and <br />several liability. Any other law to the contrary notwithstanding, including but <br />not limited to sections 663-10.9, 663-11 to 663-13, 663-16, 663-17, and 663-31, <br />in any case where a government entity is determined to be a tortfeasor along with <br />one or more other tortfeasors, the government entity shall be liable for no more <br />