California 2017-2018 Regular Session Status: In Committee

AB 965 — Department of Transportation: civil liability.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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 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 defendant's 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.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, first hearing. Hearing canceled at the request of author.

  4. Re-referred to Com. on JUD. pursuant to Assembly Rule 96.

  5. From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.

  6. In committee: Hearing postponed by committee.

  7. Referred to Coms. on TRANS. and JUD.

  8. From printer. May be heard in committee March 19.

  9. Read first time. To print.

Sponsors

  • Kiley · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Kiley

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety transportation
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Frequently asked questions

What does AB 965 do?
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 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 defendant's 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.
Who sponsors AB 965?
AB 965 is sponsored by Kiley.
What is the current status of AB 965?
This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 965?
Track AB 965 free on One Click Politics — get push/email alerts when it moves.

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