HomeMy WebLinkAboutRES 087 Draft 01 2008-2010COUNTY OF HAWAII
RESOLUTION NO.
STATE OF HAWAII
8'7 09
RESOLUTION SUPPORTING THE PASSAGE OF HOUSE BILL 1037, 2009
HAWAII STATE LEGISLATURE, RELATING TO LIMITING THE LIABILITY OF
GOVERNMENT ENTITIES TO THE PERCENTAGE SHARE OF THE DAMAGES
ACTUALLY CAUSED BY THEM.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
WHEREAS, House Bill 1037, HD2 proposes that government entities should
only be liable in certain cases for the percentage share of the damages actually caused by
them in civil tort cases; and
WHEREAS, the purpose of House Bill 1037, HD2 is to abolish joint and several
liability for government entities in all cases under Chapter 663, Hawaii Revised Statutes,
as amended; and
WHEREAS, the Council believes government should not be the "deep pocket"
that ends up paying for the fault or negligence of inattentive drivers or other persons who
commit civil wrongs in our community; and
WHEREAS, proposed material changes to House Bill 1037, HD2 include the
deletion of the following bracketed and italicized language and addition of the underlined
language:
Section 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 entitiy[;
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 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 gien
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)].
[Provided, however, that joint] Joint and several liability for economic and
noneconomic damages for claims against design professionals, as defined in
chapter [672] 672B. and certified public accountants, as defined in chapter 466, is
abolished in actions not involving physical injury or death to persons;
WHEREAS, House Bill 1037, HD2 does not seek to abdicate the County of its
responsibility to indemnify claimants with meritorious claims, but simply limits the
financial exposure of the County to its fair share of liability as determined by a court; and
WHEREAS, the Attorney General of the State of Hawaii supports the passage of
House Bill 1037, HD2, and seeks the support of all counties of the State by the passing of
a resolution by their respective councils.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
COUNTY OF HAWAII that it hereby supports the passage of House Bill 1037, HD2 by
the 2009 Hawaii State Legislature.
BE IT FURTHER RESOLVED that certified copies of this resolution be sent to
the Honorable William P. Kenoi, Mayor of the County of Hawai' i, the Honorable Brian
Taniguchi, Senator and Chair of the Judiciary and Government Operations Committee of
the Hawai i State Legislature.
-= Dated at Hilo , Hawaii, this 8th day of April 2009,
INTRODUCED BY:
COUNCIL ME BER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vo[eindicated to the right hereof adopted by the COUNCIL of the
County ofHawai`ion April R, 2009 _.
A'fl'EST:
~~ ~-c~-~
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER
AYES NOES ABS EX
ENRIQUES `X
FORD }{
GREENWELL X
HOFFMANN X
IKEDA X
NAEOLE X __
ONISfII X
YAGONG g
YOSHIMO~FO X
6 0 3 0
Reference: C-231/Waived PWIFtC
RESOLUTION NO. 87 09