summary
Introduced
01/28/2026
01/28/2026
In Committee
02/20/2026
02/20/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
Eliminates joint and several liability for child welfare service organizations by limiting liability to each organization's percentage share of damages. (SD1)
AI Summary
This bill aims to address challenges faced by nonprofit child welfare service organizations in Hawaii that contract with the state to provide essential services to children and families, by modifying how they are held liable in lawsuits. Specifically, it eliminates "joint and several liability," a legal principle where one party can be held responsible for the entire amount of damages even if they are only partially at fault. Instead, under this bill, a child welfare service organization's liability will be limited to its specific percentage share of the damages determined in a case, meaning they will only be responsible for the portion of harm directly attributable to their actions or omissions, including those of their employees. This change is intended to make liability insurance more accessible and affordable for these organizations, ensuring they can continue to operate and provide critical services without the threat of financial ruin from lawsuits, which have become increasingly severe and costly, impacting the insurance market and the organizations' ability to secure coverage.
Committee Categories
Budget and Finance, Health and Social Services
Sponsors (1)
Last Action
Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM/JDC. (on 02/20/2026)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=3164&year=2026 |
| BillText | https://www.capitol.hawaii.gov/sessions/session2026/bills/SB3164_SD1_.HTM |
| Committee Report SB3164_SD1_SSCR2632_ | https://www.capitol.hawaii.gov/sessions/session2026/CommReports/SB3164_SD1_SSCR2632_.pdf |
| SB3164_TESTIMONY_HHS-CPN_02-17-26_ | https://www.capitol.hawaii.gov/sessions/session2026/Testimony/SB3164_TESTIMONY_HHS-CPN_02-17-26_.PDF |
| BillText | https://www.capitol.hawaii.gov/sessions/session2026/bills/SB3164_.HTM |
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