REPORT TITLE:
Civil Justice Reform


DESCRIPTION:
Abolishes joint and several liability except in cases of death or
devastating bodily injury.  Limits recovery for noneconomic
damages in tort actions to $350,000.  Amends law on frivolous
claims in civil actions.  Allows evidence of collateral source
payments to be admitted at trial.  Limits punitive damages.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           739
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CIVIL JUSTICE REFORM.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that there is a need to
 
 2 provide meaningful reform of the tort and civil justice system in
 
 3 Hawaii.  The present system is not fair because it does not allow
 
 4 businesses or individuals to predict the consequences of their
 
 5 actions, since clear and reasonable standards for assessing
 
 6 liability and damages have not been established and uniformly
 
 7 applied.  Fairness and equity, as well as the stability of the
 
 8 State's economy, require broad reform of Hawaii's civil justice
 
 9 system.  Specifically, this Act does each of the following:
 
10      (1)  Part I of this Act repeals all of the exceptions to the
 
11           abolition of joint and several liability except for the
 
12           recovery of economic and noneconomic damages against
 
13           tortfeasors in actions involving death or devastating
 
14           bodily injury;
 
15      (2)  Part II limits recovery for noneconomic damages in tort
 
16           actions to $350,000;
 
17      (3)  Part III allows courts to award attorneys' fees and
 
18           court costs in civil actions based on a percentage of a
 
19           party's claims or defenses determined to be frivolous;
 

 
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 1      (4)  Part IV allows evidence of collateral source payments
 
 2           to be admitted at trial and prohibits double recovery;
 
 3           and
 
 4      (5)  Part V limits punitive damages awards to three times
 
 5           the amount of compensatory damages and requires one
 
 6           hundred per cent of all punitive damages awards to be
 
 7           deposited in the state general fund.
 
 8               PART I.  JOINT AND SEVERAL LIABILITY
 
 9      SECTION 2.  The legislature finds that while the abolition
 
10 of joint and several liability, which was enacted in 1986, was an
 
11 important step towards implementing tort reform in Hawaii, the
 
12 numerous exceptions to that section render that law almost
 
13 meaningless.  Accordingly, the purpose of this part is to provide
 
14 that the only exception to the abolition of joint and several
 
15 liability is for the recovery of economic and noneconomic damages
 
16 against joint tortfeasors in actions involving devastating bodily
 
17 injury or death.  "Devastating bodily injury" is defined as any
 
18 physical injury that results in paraplegia or quadriplegia, or
 
19 that the fact finder determines to be as damaging or severe to an
 
20 individual to the same extent as if the individual was rendered a
 
21 paraplegic or quadriplegic.
 
22      SECTION 3.  Section 663-10.9, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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 1      "[[]§663-10.9[]]  Abolition of joint and several liability;
 
 2 [exceptions.] exception.  (a)  Joint and several liability for
 
 3 joint tortfeasors as defined in section 663-11 is abolished
 
 4 except [in the following circumstances:
 
 5      (1)  For] for the recovery of economic and noneconomic
 
 6           damages against joint tortfeasors in actions involving
 
 7           devastating bodily injury or death to persons[.];
 
 8           provided that
 
 9      [(2) For the recovery of economic and noneconomic damages
 
10           against joint tortfeasors in actions involving:
 
11           (A)  Intentional torts;
 
12           (B)  Torts relating to environmental pollution;
 
13           (C)  Toxic and asbestos-related torts;
 
14           (D)  Torts relating to aircraft accidents;
 
15           (E)  Strict and products liability torts; or
 
16           (F)  Torts relating to motor vehicle accidents except
 
17                as provided in paragraph (4).
 
18      (3)  For] the recovery of noneconomic damages [in actions,
 
19           other than those enumerated in paragraph (2), involving
 
20           injury or death to persons] shall be limited to actions
 
21           against those tortfeasors whose individual degree of
 
22           negligence is found to be twenty-five per cent or more
 
23           under section 663-31.  Where a tortfeasor's degree of
 

 
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 1           negligence is less than twenty-five per cent, then the
 
 2           amount recoverable against that tortfeasor for
 
 3           noneconomic damages shall be in direct proportion to
 
 4           the degree of negligence assigned.
 
 5      [(4) For recovery of noneconomic damages in motor vehicle
 
 6           accidents involving tort actions relating to the
 
 7           maintenance and design of highways including actions
 
 8           involving guardrails, utility poles, street and
 
 9           directional signs, and any other highway-related device
 
10           upon a showing that the affected joint tortfeasor was
 
11           given reasonable prior notice of a prior occurrence
 
12           under similar circumstances to the occurrence upon
 
13           which the tort claim is based.  In actions in which the
 
14           affected joint tortfeasor has not been shown to have
 
15           had such reasonable prior notice, the recovery of
 
16           noneconomic damages shall be as provided in paragraph
 
17           (3).]
 
18      (b)  As used in this section, "devastating bodily injury"
 
19 means any physical injury or impairment of physical condition
 
20 which:
 
21      (1)  Results in paraplegia or quadriplegia; or
 
22      (2)  The finder of fact determines to be as damaging or
 
23           severe to an individual to the same extent as if the
 

 
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 1           individual was rendered a paraplegic or quadriplegic."
 
 2      SECTION 4.  This part shall apply only to causes of action
 
 3 based upon acts or omissions occurring on or after its effective
 
 4 date.
 
 5                   PART II.  NONECONOMIC DAMAGES
 
 6      SECTION 5.  The purpose of this part is to limit recovery
 
 7 for all noneconomic damages in tort actions to $350,000.
 
 8 Noneconomic damages generally include such claims as pain and
 
 9 suffering, mental anguish, disfigurement, loss of enjoyment of
 
10 life, loss of consortium, and other nonpecuniary losses.  Under
 
11 current law, the maximum limit on damages recoverable for only
 
12 one type of noneconomic damage -- pain and suffering -- is
 
13 $375,000.  However, there is no upper limit on maximum damages
 
14 with respect to other types of noneconomic damages.  The
 
15 legislature finds that placing a realistic cap on all noneconomic
 
16 damages in tort actions, rather than only for pain and suffering,
 
17 will help to lower the costs of liability insurance for Hawaii's
 
18 consumers.
 
19      SECTION 6.  Section 663-8.7, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "[[]§663-8.7[]]  Limitation on [pain and suffering.]
 
22 noneconomic damages.  Damages recoverable for [pain and
 
23 suffering] all noneconomic damages as defined in section 663-8.5
 

 
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 1 shall be limited to a maximum award of [$375,000; provided that
 
 2 this limitation shall not apply to tort actions enumerated in
 
 3 section 663-10.9(2).] $350,000 with respect to any tort action."
 
 4      SECTION 7.  This part shall apply only to causes of action
 
 5 based upon acts or omissions occurring on or after its effective
 
 6 date.
 
 7                     PART III.  COSTS AND FEES
 
 8      SECTION 8.  The legislature finds that, under current law,
 
 9 when a frivolous claim or defense is made by a party in a civil
 
10 action, in order for a court to make an award of attorneys' fees
 
11 in that action, the court must first find in writing that "all"
 
12 of the claims or defenses made by a party are frivolous and are
 
13 not reasonably supported by the facts and the law in the civil
 
14 action.  The legislature finds, however, that it is often the
 
15 case that only a portion, but not all, of the claims or defenses
 
16 made by a party may be found to be frivolous.  In these cases,
 
17 however, the court would be prohibited from awarding attorneys'
 
18 fees to the other party since not "all" of the claims or defenses
 
19 were found to be frivolous.
 
20      In order to remedy this unjust result, the purpose of this
 
21 part is to allow the court to award attorneys' fees where the
 
22 court finds that less than all of the claims or defenses are
 
23 determined to be frivolous.  If the court finds that only a
 

 
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 1 portion of the claims or defenses are frivolous, it must
 
 2 determine the amount of the award of attorneys' fees and costs
 
 3 based on the percentage of the claims or defenses deemed to be
 
 4 frivolous.  The amount of the award is to be allocated in direct
 
 5 proportion to the percentage of frivolous claims or defenses.  In
 
 6 addition, this part further allows the court to award courts
 
 7 costs as well as attorneys' fees in the event that a party makes
 
 8 frivolous claims or defenses in civil actions.
 
 9      SECTION 9.  Section 607-14.5, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "§607-14.5  Attorneys' fees and costs in civil actions.(a)
 
12 In any civil action in this State where a party seeks money
 
13 damages or injunctive relief, or both, against another party, and
 
14 the case is subsequently decided, the court [may], as it deems
 
15 just, may assess against either party, and enter as part of its
 
16 order, for which execution may issue, a reasonable sum for
 
17 attorneys' fees[,] and costs, in an amount to be determined by
 
18 the court upon a specific finding that all or a portion of the
 
19 party's claim or defense was frivolous[.] as provided in
 
20 subsection (b).
 
21      (b)  In determining the award of attorneys' fees and costs
 
22 and the amounts to be awarded, the court must find in writing
 
23 that all or a portion of the claims or defenses made by the party
 

 
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 1 are frivolous and are not reasonably supported by the facts and
 
 2 the law in the civil action.  If the court determines that only a
 
 3 portion of the claims or defenses made by the party are
 
 4 frivolous, the court shall determine the amount of the award of
 
 5 attorneys' fees and costs based on the percentage of the claims
 
 6 or defenses deemed to be frivolous.  The amount of the award
 
 7 shall be allocated in direct proportion to the percentage of
 
 8 frivolous claims or defenses."
 
 9      SECTION 10.  This part shall apply only to civil actions
 
10 filed on or after the effective date of this part.
 
11                   PART IV.  COLLATERAL SOURCES
 
12      SECTION 11.  The purpose of this part is to allow evidence
 
13 of collateral source payments to be admitted at trial.  In
 
14 addition, this part prohibits double recovery by reducing tort
 
15 damage awards by all collateral sources available to claimants,
 
16 and establishing the right of a provider of collateral sources to
 
17 reimbursement from the collateral sources claimant if the
 
18 claimant recovered from the tortfeasor.
 
19      SECTION 12.  Chapter 621, Hawaii Revised Statutes, is
 
20 amended by adding a new section to be appropriately designated
 
21 and to read as follows:
 
22      "§621-     Admissibility of collateral sources.  In any
 
23 action for tort, including a medical tort as defined in section
 

 
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 1 671-1, evidence shall be admissible for consideration by the
 
 2 court to establish that any such past or future cost or expense
 
 3 was or, with reasonable certainty, will be replaced or
 
 4 indemnified, in whole or in part, from any collateral source such
 
 5 as insurance (except for life insurance), Social Security (except
 
 6 those benefits provided under title XVIII of the Social Security
 
 7 Act), workers' compensation, or employee benefit programs (except
 
 8 such collateral sources entitled by law to liens against any
 
 9 recovery of the plaintiff)."
 
10      SECTION 13.  Chapter 663, Hawaii Revised Statutes, is
 
11 amended by adding a new section to be appropriately designated
 
12 and to read as follows:
 
13      "§663-     Reduction of award; collateral indemnity.  (a)
 
14 In any action to which this section applies in which liability is
 
15 admitted or is determined by the trier of fact and in which
 
16 damages are awarded to compensate the claimant for losses
 
17 sustained, the court shall reduce the amount of such award by the
 
18 total of all amounts which have been paid for the benefit of the
 
19 claimant, or which are otherwise available to the claimant, from
 
20 all collateral sources; provided that there shall be no reduction
 
21 for collateral sources for which a subrogation or reimbursement
 
22 right exists.  The reduction shall be offset to the extent of any
 
23 amount which has been paid, contributed, or forfeited by, or on
 

 
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 1 behalf of, the claimant or members of the claimant's immediate
 
 2 family to secure the claimant's right to any collateral source
 
 3 benefit which the claimant is receiving as a result of the
 
 4 claimant's injury.
 
 5      (b)  For the purposes of this section:
 
 6      "Collateral sources" means any payments made to the
 
 7 claimant, or made on the claimant's behalf, by or pursuant to:
 
 8      (1)  The United States Social Security Act, except title
 
 9           XVIII and title XIX; any federal, state, or local
 
10           income disability act; or any other public programs
 
11           providing medical expenses, disability payments, or
 
12           other similar benefits, except those prohibited by
 
13           federal law and those expressly excluded by law as
 
14           collateral sources;
 
15      (2)  Any health, sickness, or income disability insurance;
 
16           automobile accident insurance that provides health
 
17           benefits or income disability coverage; and any other
 
18           similar insurance benefits, except life insurance
 
19           benefits available to the claimant, whether purchased
 
20           by the claimant or provided by others;
 
21      (3)  Any contract or agreement of any group, organization,
 
22           partnership, or corporation to provide, pay for, or
 
23           reimburse the costs of hospital, medical, dental, or
 

 
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 1           other health care services; or
 
 2      (4)  Any contractual or voluntary wage continuation plan
 
 3           provided by employers or by any other system intended
 
 4           to provide wages during a period of disability.
 
 5      Notwithstanding any other provision of this section,
 
 6 benefits received under Medicare, or any other federal program
 
 7 providing for a federal government lien on or right of
 
 8 reimbursement from the plaintiff's recovery, the workers'
 
 9 compensation law, the Medicaid program of title XIX of the Social
 
10 Security Act or from any medical services program administered by
 
11 the department of health or department of human services shall
 
12 not be considered a collateral source.
 
13      (c)  In the event that the fee for legal services provided
 
14 to the claimant is based on a percentage of the amount of money
 
15 awarded to the claimant, the percentage shall be based on the net
 
16 amount of the award as reduced by the amounts of collateral
 
17 sources and as increased by insurance premiums paid.
 
18      (d)  A provider of collateral sources that has a right of
 
19 subrogation or reimbursement that has complied with this section
 
20 shall have a right of reimbursement from a claimant to whom it
 
21 has provided collateral sources if such claimant has recovered
 
22 all or part of such collateral sources from a tortfeasor.  The
 
23 provider's right of reimbursement shall be limited to the actual
 

 
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 1 amount of collateral sources recovered by the claimant from a
 
 2 tortfeasor, minus its pro rata share of costs and attorney's fees
 
 3 incurred by the claimant in recovering such collateral sources
 
 4 from the tortfeasor.  In determining the provider's pro rata
 
 5 share of those costs and attorney's fees, the provider shall have
 
 6 deducted from its recovery a percentage amount equal to the
 
 7 percentage of the judgment or settlement which is for costs and
 
 8 attorney's fees.
 
 9      (e)  Any disputes between the claimant and the provider as
 
10 to the actual amount of collateral sources recovered by the
 
11 claimant from a tortfeasor shall be subject to determination by a
 
12 court of competent jurisdiction.  In determining the actual
 
13 amount of collateral sources recovered, the court shall give
 
14 consideration to any offset in the amount of settlement or
 
15 judgment for any comparative negligence of the claimant,
 
16 limitations in the amount of liability insurance coverage
 
17 available to the tortfeasor, or any other mitigating factors
 
18 which the court deems equitable and appropriate under the
 
19 circumstances.
 
20      (f)  A claimant shall send the provider of any collateral
 
21 sources, by certified or registered mail, notification of the
 
22 claimant's intent to claim damages from the tortfeasor.  If the
 
23 claimant has filed suit against the tortfeasor at the time the
 

 
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 1 notice is sent, a copy of the complaint against the tortfeasor
 
 2 shall be sent along with the notice.  The notice shall include a
 
 3 statement that the provider of collateral sources will waive any
 
 4 right to subrogation or reimbursement unless it provides the
 
 5 claimant or claimant's attorney a statement asserting payment of
 
 6 benefits and right of subrogation or reimbursement within thirty
 
 7 days following receipt of the claimant's notification to the
 
 8 collateral source provider.
 
 9      (g)  Within thirty days after receipt of the claimant's
 
10 notification of intent to claim damages from the tortfeasor, the
 
11 provider of collateral sources must provide the claimant or
 
12 claimant's attorney a statement asserting its payment of
 
13 collateral sources benefits and right of subrogation or
 
14 reimbursement.  Failure of the provider of collateral sources to
 
15 provide such statement to the claimant or claimant's attorney
 
16 within the thirty-day period shall result in waiver of any claim
 
17 to subrogation or reimbursement by the provider with respect to
 
18 any such collateral sources.  No right of subrogation or
 
19 reimbursement shall exist for a provider of collateral sources
 
20 that has waived its right of subrogation or reimbursement
 
21 pursuant to this subsection.
 
22      (h)  Reimbursement of a collateral source provider pursuant
 
23 to this section shall satisfy the collateral source provider's
 

 
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 1 right of subrogation or reimbursement.  The provider shall have
 
 2 no right of subrogation or reimbursement for collateral sources
 
 3 payments made after the date of waiver, settlement, or judgment.
 
 4      (i)  A collateral source provider claiming a right of
 
 5 subrogation or reimbursement under this section shall cooperate
 
 6 with the claimant by producing such information as is reasonably
 
 7 necessary for the claimant to prove the nature and extent of the
 
 8 value of the collateral sources provided.  The failure of the
 
 9 collateral source provider to cooperate may be taken into account
 
10 by the court in determining the right to or the amount of the
 
11 reimbursement asserted."
 
12      SECTION 14.  Section 663-10, Hawaii Revised Statutes, is
 
13 repealed.
 
14      ["[§663-10]  Collateral sources; protection for liens and
 
15 rights of subrogation.  In any civil action in tort, the court,
 
16 before any judgment or stipulation to dismiss the action is
 
17 approved, shall determine the validity of any claim of a lien
 
18 against the amount of the judgment or settlement by any person
 
19 who files timely notice of the claim to the court or to the
 
20 parties in the action.  The judgment entered, or the order
 
21 subsequent to settlement, shall include a statement of the
 
22 amounts, if any, due and owing to any person determined by the
 
23 court to be a holder of a valid lien and to be paid to the
 

 
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 1 lienholder out of the amount of the corresponding special damages
 
 2 recovered by the judgment or settlement.  In determining the
 
 3 payment due the lienholder, the court shall deduct from the
 
 4 payment a reasonable sum for the costs and fees incurred by the
 
 5 party who brought the civil action in tort.  As used in this
 
 6 section, lien means a lien arising out of a claim for payments
 
 7 made or indemnified from collateral sources for costs and
 
 8 expenses arising out of the injury which is the subject of the
 
 9 civil action in tort."]
 
10      SECTION 15.  This part shall apply only to causes of action
 
11 based upon acts or omissions occurring on or after its effective
 
12 date.
 
13                     PART V.  PUNITIVE DAMAGES
 
14      SECTION 16.  The legislature finds that there is an
 
15 immediate need to reform Hawaii's laws providing for the award of
 
16 punitive damages.  Punitive damages, also known as exemplary
 
17 damages, are intended to punish the defendant and deter both the
 
18 defendant and others from engaging in similar acts of wrongdoing
 
19 in the future.  Punitive damages are distinguishable from
 
20 compensatory damages, which are the primary form of damages
 
21 awarded under tort law and are designed to "make the plaintiff
 
22 whole".  Compensatory damages compensate tort victims for damages
 
23 including payment for out-of-pocket expenses, such as lost wages
 

 
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 1 and medical costs, and awards for pain and suffering.  In
 
 2 contrast, punitive damages were developed as an auxiliary to
 
 3 criminal law to impose a public sanction on conduct that might
 
 4 not be pursued by criminal law enforcement.
 
 5      The legislature finds that in recent years the number of
 
 6 punitive damages claims asserted have increased dramatically.
 
 7 While large punitive damages awards can be reduced on appeal as
 
 8 being excessive, the effect of the assertion of these claims is
 
 9 to raise the cost of litigation, undermine confidence in the
 
10 civil justice system, handicap Hawaii's businesses in competition
 
11 with foreign enterprises, and generally increase the costs of
 
12 doing business in the State.
 
13      The purpose of this part is to reform the law relating to
 
14 punitive damages by:
 
15      (1)  Limiting punitive damages awards to three times the
 
16           amount of compensatory damages; and
 
17      (2)  Requiring that one hundred per cent of all punitive
 
18           damages awards be deposited into the state general
 
19           fund, and requiring the administrative director of the
 
20           courts to provide for the collection of these awards
 
21           and to submit an annual report to the chief justice of
 
22           the Hawaii supreme court and the legislature regarding
 
23           amounts paid into the general fund during the previous
 

 
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 1           fiscal year.
 
 2      SECTION 17.  Chapter 663, Hawaii Revised Statutes, is
 
 3 amended by adding a new section to be appropriately designated
 
 4 and to read as follows:
 
 5      "§663-    Punitive damages.  (a)  Except as otherwise
 
 6 provided by law, no award of punitive damages may be made in any
 
 7 court of competent jurisdiction in this State except as provided
 
 8 in this section.
 
 9      (b)  Punitive damages imposed against a defendant in any
 
10 case shall not exceed three times the amount of compensatory
 
11 damages.
 
12      (c)  Notwithstanding any other law, including any statutory
 
13 or common law, to the contrary, one hundred per cent of all
 
14 punitive damages awarded in any case, pursuant to the final
 
15 judgment of any court of competent jurisdiction in this State,
 
16 and upon the exhaustion of all appeals in that action, shall be
 
17 deemed to be the property of the State and shall be collected
 
18 pursuant to section 601-3(a)(9) and deposited with the state
 
19 director of finance to the credit of the state general fund."
 
20      SECTION 18.  Section 601-3, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "§601-3 Administrative director.  (a)  The chief justice,
 
23 with the approval of the supreme court, shall appoint an
 

 
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 1 administrative director of the courts to assist the chief justice
 
 2 in directing the administration of the judiciary.  The
 
 3 administrative director shall be a resident of the State for a
 
 4 continuous period of three years prior to the administrative
 
 5 director's appointment, and shall be appointed without regard to
 
 6 chapters 76 and 77 and shall serve at the pleasure of the chief
 
 7 justice.  The administrative director shall hold no other office
 
 8 or employment.  Effective January 1, 1989, the administrative
 
 9 director shall receive a salary of $81,629 a year.  Effective
 
10 January 1, 1990, the administrative director shall receive a
 
11 salary of $85,302 a year.  The administrative director shall,
 
12 subject to the direction of the chief justice, perform the
 
13 following functions:
 
14      (1)  Examine the administrative methods of the courts and
 
15           make recommendations to the chief justice for their
 
16           improvement;
 
17      (2)  Examine the state of the dockets of the courts, secure
 
18           information as to their needs of assistance, if any,
 
19           prepare statistical data and reports of the business of
 
20           the courts and advise the chief justice to the end that
 
21           proper action may be taken;
 
22      (3)  Examine the estimates of the courts for appropriations
 
23           and present to the chief justice the administrative
 

 
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 1           director's recommendations concerning them;
 
 2      (4)  Examine the statistical systems of the courts and make
 
 3           recommendations to the chief justice for a uniform
 
 4           system of judicial statistics;
 
 5      (5)  Collect, analyze, and report to the chief justice
 
 6           statistical and other data concerning the business of
 
 7           the courts;
 
 8      (6)  Assist the chief justice in the preparation of the
 
 9           budget, the six-year program and financial plan, the
 
10           variance report and any other reports requested by the
 
11           legislature;
 
12      (7)  Carry out all duties and responsibilities that are
 
13           specified in [Title] title 7 as it pertains to
 
14           employees of the judiciary; [and]
 
15      (8)  Attend to such other matters as may be assigned by the
 
16           chief justice[.]; and
 
17      (9)  Provide for the collection of punitive damages awards
 
18           as provided in section 663-    for deposit into the
 
19           state general fund, and submit an annual report to the
 
20           chief justice and the legislature on amounts paid into
 
21           that fund pursuant to section 663-    during the
 
22           previous fiscal year.
 
23      (b)  The administrative director [shall], with the approval
 

 
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 1 of the chief justice, shall appoint a deputy administrative
 
 2 director of the courts without regard to chapters 76 and 77 and
 
 3 such assistants as may be necessary.  Such assistants shall be
 
 4 appointed without regard to chapters 76 and 77.  Effective
 
 5 January 1, 1989, the salary of the deputy administrative director
 
 6 shall be $74,608 a year.  Effective January 1, 1990, the salary
 
 7 of the deputy administrative director shall be $77,966 a year.
 
 8 The administrative director shall be provided with necessary
 
 9 office facilities.
 
10      (c)  The judges, clerks, officers, and employees of the
 
11 courts shall comply with all requests of the administrative
 
12 director for information and statistical data relating to the
 
13 business of the courts and expenditure of public funds for their
 
14 maintenance and operation."
 
15      SECTION 19.  The chief justice of the supreme court and the
 
16 administrative director of the courts are requested to adopt
 
17 rules relating to the collection of punitive damages as required
 
18 by this part for deposit into the state general fund for the
 
19 efficient implementation of this part.
 
20      SECTION 20.  This part shall apply only to causes of action
 
21 based upon acts or omissions occurring on or after its effective
 
22 date.
 
23                      PART VI.  MISCELLANEOUS
 

 
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 1      SECTION 21.  This Act does not affect rights and duties that
 
 2 matured, penalties that were incurred, and proceedings that were
 
 3 begun, before its effective date.
 
 4      SECTION 22.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 23.  This Act shall take effect upon its approval.
 
 7 
 
 8                              INTRODUCED BY:______________________