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| 1 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 965Introduced by Assembly Member KileyFebruary 16, 2017 An act to add Section 92.1 to the Streets and Highways Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 965, as introduced, Kiley. Department of Transportation: civil liability.(1) Existing law establishes the Department of Transportation with various powers and duties and provides that the department has full possession and control of all state highways and all property and rights in property acquired for state highway purposes.Existing law governs the tort liability and immunity of, and claims and actions against, public entities and their officers and employees. A public entity, as defined, is not liable for an injury, except as otherwise provided by statute, whether the injury arises out of an act or omission of the public entity or a public employee or any other person.This bill would provide that, in an action for injury against the department, the amount of damages for noneconomic losses shall not exceed $250,000 per individual or $500,000 per occurrence.(2) Existing law generally provides that an obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several. However, under existing law, the liability of each defendant for noneconomic damages is several only and not joint in any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault. Existing law provides that each defendant in those actions shall be liable only for the amount of noneconomic damages allocated to that defendant in direct proportion to that defendants percentage of fault, and requires a separate judgment to be rendered against that defendant for that amount.This bill would provide that, in an action against the department for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of the department for economic damages shall be several only and shall not be joint. The bill would further provide that the department shall be liable in those actions only for the amount of economic damages allocated to it in direct proportion to its percentage of fault, and would require a separate judgment to be rendered against the department for that amount.The bill would also require the department to annually identify savings achieved through the implementation of the bill. The bill would require the department to propose, from the identified savings, an appropriation to be included in the annual Budget Act for expenditure on highway maintenance, operation, rehabilitation, and improvement.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 92.1 is added to the Streets and Highways Code, to read:92.1. (a) Notwithstanding any other law, in an action for injury against the department, the amount of noneconomic damages shall not exceed two hundred fifty thousand dollars ($250,000) per individual or five hundred thousand dollars ($500,000) per occurrence.(b) In an action against the department for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of the department for economic damages shall be several only and shall not be joint. The department shall be liable only for the amount of economic damages allocated to the department in direct proportion to the departments percentage of fault, and a separate judgment shall be rendered against the department for that amount.(c) The department shall annually identify savings achieved through implementation of this section. The department, through the annual budget process, shall propose, from the identified savings, an appropriation to be included in the annual Budget Act for expenditure on highway maintenance, operation, rehabilitation, and improvement.(d) For purposes of this section, the terms economic damages and noneconomic damages shall have the same meaning as defined in Section 1431.2 of the Civil Code. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 965Introduced by Assembly Member KileyFebruary 16, 2017 An act to add Section 92.1 to the Streets and Highways Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 965, as introduced, Kiley. Department of Transportation: civil liability.(1) Existing law establishes the Department of Transportation with various powers and duties and provides that the department has full possession and control of all state highways and all property and rights in property acquired for state highway purposes.Existing law governs the tort liability and immunity of, and claims and actions against, public entities and their officers and employees. A public entity, as defined, is not liable for an injury, except as otherwise provided by statute, whether the injury arises out of an act or omission of the public entity or a public employee or any other person.This bill would provide that, in an action for injury against the department, the amount of damages for noneconomic losses shall not exceed $250,000 per individual or $500,000 per occurrence.(2) Existing law generally provides that an obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several. However, under existing law, the liability of each defendant for noneconomic damages is several only and not joint in any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault. Existing law provides that each defendant in those actions shall be liable only for the amount of noneconomic damages allocated to that defendant in direct proportion to that defendants percentage of fault, and requires a separate judgment to be rendered against that defendant for that amount.This bill would provide that, in an action against the department for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of the department for economic damages shall be several only and shall not be joint. The bill would further provide that the department shall be liable in those actions only for the amount of economic damages allocated to it in direct proportion to its percentage of fault, and would require a separate judgment to be rendered against the department for that amount.The bill would also require the department to annually identify savings achieved through the implementation of the bill. The bill would require the department to propose, from the identified savings, an appropriation to be included in the annual Budget Act for expenditure on highway maintenance, operation, rehabilitation, and improvement.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
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| 5 | - | Amended IN Assembly April 17, 2017 | |
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| 7 | - | Amended IN Assembly April 17, 2017 | |
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| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill No. 965 | |
| 12 | 12 | ||
| 13 | 13 | Introduced by Assembly Member KileyFebruary 16, 2017 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member Kiley | |
| 16 | 16 | February 16, 2017 | |
| 17 | 17 | ||
| 18 | 18 | An act to add Section 92.1 to the Streets and Highways Code, relating to transportation. | |
| 19 | 19 | ||
| 20 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 21 | 21 | ||
| 22 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | - | AB 965, as | |
| 24 | + | AB 965, as introduced, Kiley. Department of Transportation: civil liability. | |
| 25 | 25 | ||
| 26 | - | (1) | |
| 26 | + | (1) Existing law establishes the Department of Transportation with various powers and duties and provides that the department has full possession and control of all state highways and all property and rights in property acquired for state highway purposes.Existing law governs the tort liability and immunity of, and claims and actions against, public entities and their officers and employees. A public entity, as defined, is not liable for an injury, except as otherwise provided by statute, whether the injury arises out of an act or omission of the public entity or a public employee or any other person.This bill would provide that, in an action for injury against the department, the amount of damages for noneconomic losses shall not exceed $250,000 per individual or $500,000 per occurrence.(2) Existing law generally provides that an obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several. However, under existing law, the liability of each defendant for noneconomic damages is several only and not joint in any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault. Existing law provides that each defendant in those actions shall be liable only for the amount of noneconomic damages allocated to that defendant in direct proportion to that defendants percentage of fault, and requires a separate judgment to be rendered against that defendant for that amount.This bill would provide that, in an action against the department for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of the department for economic damages shall be several only and shall not be joint. The bill would further provide that the department shall be liable in those actions only for the amount of economic damages allocated to it in direct proportion to its percentage of fault, and would require a separate judgment to be rendered against the department for that amount.The bill would also require the department to annually identify savings achieved through the implementation of the bill. The bill would require the department to propose, from the identified savings, an appropriation to be included in the annual Budget Act for expenditure on highway maintenance, operation, rehabilitation, and improvement. | |
| 27 | 27 | ||
| 28 | - | (1) Existing | |
| 29 | - | ||
| 30 | - | ||
| 31 | - | ||
| 32 | - | Existing law establishes the Department of Transportation with various powers and duties and provides that the department has full possession and control of all state highways and all property and rights in property acquired for state highway purposes. | |
| 28 | + | (1) Existing law establishes the Department of Transportation with various powers and duties and provides that the department has full possession and control of all state highways and all property and rights in property acquired for state highway purposes. | |
| 33 | 29 | ||
| 34 | 30 | Existing law governs the tort liability and immunity of, and claims and actions against, public entities and their officers and employees. A public entity, as defined, is not liable for an injury, except as otherwise provided by statute, whether the injury arises out of an act or omission of the public entity or a public employee or any other person. | |
| 35 | 31 | ||
| 36 | - | ||
| 37 | - | ||
| 38 | 32 | This bill would provide that, in an action for injury against the department, the amount of damages for noneconomic losses shall not exceed $250,000 per individual or $500,000 per occurrence. | |
| 39 | 33 | ||
| 40 | - | ||
| 41 | - | ||
| 42 | - | (2) Existing | |
| 43 | - | ||
| 44 | - | ||
| 45 | - | ||
| 46 | - | Existing law generally provides that an obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several. However, under existing law, the liability of each defendant for noneconomic damages is several only and not joint in any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault. Existing law provides that each defendant in those actions shall be liable only for the amount of noneconomic damages allocated to that defendant in direct proportion to that defendants percentage of fault, and requires a separate judgment to be rendered against that defendant for that amount. | |
| 34 | + | (2) Existing law generally provides that an obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several. However, under existing law, the liability of each defendant for noneconomic damages is several only and not joint in any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault. Existing law provides that each defendant in those actions shall be liable only for the amount of noneconomic damages allocated to that defendant in direct proportion to that defendants percentage of fault, and requires a separate judgment to be rendered against that defendant for that amount. | |
| 47 | 35 | ||
| 48 | 36 | This bill would provide that, in an action against the department for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of the department for economic damages shall be several only and shall not be joint. The bill would further provide that the department shall be liable in those actions only for the amount of economic damages allocated to it in direct proportion to its percentage of fault, and would require a separate judgment to be rendered against the department for that amount. | |
| 49 | 37 | ||
| 50 | 38 | The bill would also require the department to annually identify savings achieved through the implementation of the bill. The bill would require the department to propose, from the identified savings, an appropriation to be included in the annual Budget Act for expenditure on highway maintenance, operation, rehabilitation, and improvement. | |
| 51 | 39 | ||
| 52 | 40 | ## Digest Key | |
| 53 | 41 | ||
| 54 | 42 | ## Bill Text | |
| 55 | 43 | ||
| 56 | - | The people of the State of California do enact as follows:SECTION 1. Section 92.1 is added to the Streets and Highways Code, to read:92.1.(a)Notwithstanding any other law, in an action for injury against the department, the amount of noneconomic damages shall not exceed two hundred fifty thousand dollars ($250,000) per individual or five hundred thousand dollars ($500,000) per occurrence. | |
| 44 | + | The people of the State of California do enact as follows:SECTION 1. Section 92.1 is added to the Streets and Highways Code, to read:92.1. (a) Notwithstanding any other law, in an action for injury against the department, the amount of noneconomic damages shall not exceed two hundred fifty thousand dollars ($250,000) per individual or five hundred thousand dollars ($500,000) per occurrence.(b) In an action against the department for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of the department for economic damages shall be several only and shall not be joint. The department shall be liable only for the amount of economic damages allocated to the department in direct proportion to the departments percentage of fault, and a separate judgment shall be rendered against the department for that amount.(c) The department shall annually identify savings achieved through implementation of this section. The department, through the annual budget process, shall propose, from the identified savings, an appropriation to be included in the annual Budget Act for expenditure on highway maintenance, operation, rehabilitation, and improvement.(d) For purposes of this section, the terms economic damages and noneconomic damages shall have the same meaning as defined in Section 1431.2 of the Civil Code. | |
| 57 | 45 | ||
| 58 | 46 | The people of the State of California do enact as follows: | |
| 59 | 47 | ||
| 60 | 48 | ## The people of the State of California do enact as follows: | |
| 61 | 49 | ||
| 62 | - | SECTION 1. Section 92.1 is added to the Streets and Highways Code, to read:92.1.(a)Notwithstanding any other law, in an action for injury against the department, the amount of noneconomic damages shall not exceed two hundred fifty thousand dollars ($250,000) per individual or five hundred thousand dollars ($500,000) per occurrence. | |
| 50 | + | SECTION 1. Section 92.1 is added to the Streets and Highways Code, to read:92.1. (a) Notwithstanding any other law, in an action for injury against the department, the amount of noneconomic damages shall not exceed two hundred fifty thousand dollars ($250,000) per individual or five hundred thousand dollars ($500,000) per occurrence.(b) In an action against the department for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of the department for economic damages shall be several only and shall not be joint. The department shall be liable only for the amount of economic damages allocated to the department in direct proportion to the departments percentage of fault, and a separate judgment shall be rendered against the department for that amount.(c) The department shall annually identify savings achieved through implementation of this section. The department, through the annual budget process, shall propose, from the identified savings, an appropriation to be included in the annual Budget Act for expenditure on highway maintenance, operation, rehabilitation, and improvement.(d) For purposes of this section, the terms economic damages and noneconomic damages shall have the same meaning as defined in Section 1431.2 of the Civil Code. | |
| 63 | 51 | ||
| 64 | 52 | SECTION 1. Section 92.1 is added to the Streets and Highways Code, to read: | |
| 65 | 53 | ||
| 66 | 54 | ### SECTION 1. | |
| 67 | 55 | ||
| 68 | - | 92.1.(a)Notwithstanding any other law, in an action for injury against the department, the amount of noneconomic damages shall not exceed two hundred fifty thousand dollars ($250,000) per individual or five hundred thousand dollars ($500,000) per occurrence. (b)92.1. (a) In an action against the department for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of the department for economic damages shall be several only and shall not be joint. The department shall be liable only for the amount of economic damages allocated to the department in direct proportion to the departments percentage of fault, and a separate judgment shall be rendered against the department for that amount.(c)(b) The department shall annually identify savings achieved through implementation of this section. The department, through the annual budget process, shall propose, from the identified savings, an appropriation to be included in the annual Budget Act for expenditure on highway maintenance, operation, rehabilitation, and improvement.(d)(c) For purposes of this section, the terms economic damages and noneconomic damages shall have the same meaning as defined in Section 1431.2 of the Civil Code. | |
| 56 | + | 92.1. (a) Notwithstanding any other law, in an action for injury against the department, the amount of noneconomic damages shall not exceed two hundred fifty thousand dollars ($250,000) per individual or five hundred thousand dollars ($500,000) per occurrence.(b) In an action against the department for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of the department for economic damages shall be several only and shall not be joint. The department shall be liable only for the amount of economic damages allocated to the department in direct proportion to the departments percentage of fault, and a separate judgment shall be rendered against the department for that amount.(c) The department shall annually identify savings achieved through implementation of this section. The department, through the annual budget process, shall propose, from the identified savings, an appropriation to be included in the annual Budget Act for expenditure on highway maintenance, operation, rehabilitation, and improvement.(d) For purposes of this section, the terms economic damages and noneconomic damages shall have the same meaning as defined in Section 1431.2 of the Civil Code. | |
| 57 | + | ||
| 58 | + | 92.1. (a) Notwithstanding any other law, in an action for injury against the department, the amount of noneconomic damages shall not exceed two hundred fifty thousand dollars ($250,000) per individual or five hundred thousand dollars ($500,000) per occurrence.(b) In an action against the department for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of the department for economic damages shall be several only and shall not be joint. The department shall be liable only for the amount of economic damages allocated to the department in direct proportion to the departments percentage of fault, and a separate judgment shall be rendered against the department for that amount.(c) The department shall annually identify savings achieved through implementation of this section. The department, through the annual budget process, shall propose, from the identified savings, an appropriation to be included in the annual Budget Act for expenditure on highway maintenance, operation, rehabilitation, and improvement.(d) For purposes of this section, the terms economic damages and noneconomic damages shall have the same meaning as defined in Section 1431.2 of the Civil Code. | |
| 59 | + | ||
| 60 | + | 92.1. (a) Notwithstanding any other law, in an action for injury against the department, the amount of noneconomic damages shall not exceed two hundred fifty thousand dollars ($250,000) per individual or five hundred thousand dollars ($500,000) per occurrence.(b) In an action against the department for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of the department for economic damages shall be several only and shall not be joint. The department shall be liable only for the amount of economic damages allocated to the department in direct proportion to the departments percentage of fault, and a separate judgment shall be rendered against the department for that amount.(c) The department shall annually identify savings achieved through implementation of this section. The department, through the annual budget process, shall propose, from the identified savings, an appropriation to be included in the annual Budget Act for expenditure on highway maintenance, operation, rehabilitation, and improvement.(d) For purposes of this section, the terms economic damages and noneconomic damages shall have the same meaning as defined in Section 1431.2 of the Civil Code. | |
| 69 | 61 | ||
| 70 | 62 | ||
| 71 | 63 | ||
| 72 | - | (a)Notwithstanding any other law, in an action for injury against the department, the amount of noneconomic damages shall not exceed two hundred fifty thousand dollars ($250,000) per individual or five hundred thousand dollars ($500,000) per occurrence. | |
| 64 | + | 92.1. (a) Notwithstanding any other law, in an action for injury against the department, the amount of noneconomic damages shall not exceed two hundred fifty thousand dollars ($250,000) per individual or five hundred thousand dollars ($500,000) per occurrence. | |
| 73 | 65 | ||
| 66 | + | (b) In an action against the department for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of the department for economic damages shall be several only and shall not be joint. The department shall be liable only for the amount of economic damages allocated to the department in direct proportion to the departments percentage of fault, and a separate judgment shall be rendered against the department for that amount. | |
| 74 | 67 | ||
| 68 | + | (c) The department shall annually identify savings achieved through implementation of this section. The department, through the annual budget process, shall propose, from the identified savings, an appropriation to be included in the annual Budget Act for expenditure on highway maintenance, operation, rehabilitation, and improvement. | |
| 75 | 69 | ||
| 76 | - | (b) | |
| 77 | - | ||
| 78 | - | ||
| 79 | - | ||
| 80 | - | 92.1. (a) In an action against the department for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of the department for economic damages shall be several only and shall not be joint. The department shall be liable only for the amount of economic damages allocated to the department in direct proportion to the departments percentage of fault, and a separate judgment shall be rendered against the department for that amount.(c)(b) The department shall annually identify savings achieved through implementation of this section. The department, through the annual budget process, shall propose, from the identified savings, an appropriation to be included in the annual Budget Act for expenditure on highway maintenance, operation, rehabilitation, and improvement.(d)(c) For purposes of this section, the terms economic damages and noneconomic damages shall have the same meaning as defined in Section 1431.2 of the Civil Code. | |
| 81 | - | ||
| 82 | - | 92.1. (a) In an action against the department for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of the department for economic damages shall be several only and shall not be joint. The department shall be liable only for the amount of economic damages allocated to the department in direct proportion to the departments percentage of fault, and a separate judgment shall be rendered against the department for that amount.(c)(b) The department shall annually identify savings achieved through implementation of this section. The department, through the annual budget process, shall propose, from the identified savings, an appropriation to be included in the annual Budget Act for expenditure on highway maintenance, operation, rehabilitation, and improvement.(d)(c) For purposes of this section, the terms economic damages and noneconomic damages shall have the same meaning as defined in Section 1431.2 of the Civil Code. | |
| 83 | - | ||
| 84 | - | ||
| 85 | - | ||
| 86 | - | 92.1. (a) In an action against the department for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of the department for economic damages shall be several only and shall not be joint. The department shall be liable only for the amount of economic damages allocated to the department in direct proportion to the departments percentage of fault, and a separate judgment shall be rendered against the department for that amount. | |
| 87 | - | ||
| 88 | - | (c) | |
| 89 | - | ||
| 90 | - | ||
| 91 | - | ||
| 92 | - | (b) The department shall annually identify savings achieved through implementation of this section. The department, through the annual budget process, shall propose, from the identified savings, an appropriation to be included in the annual Budget Act for expenditure on highway maintenance, operation, rehabilitation, and improvement. | |
| 93 | - | ||
| 94 | - | (d) | |
| 95 | - | ||
| 96 | - | ||
| 97 | - | ||
| 98 | - | (c) For purposes of this section, the terms economic damages and noneconomic damages shall have the same meaning as defined in Section 1431.2 of the Civil Code. | |
| 70 | + | (d) For purposes of this section, the terms economic damages and noneconomic damages shall have the same meaning as defined in Section 1431.2 of the Civil Code. |