STAND. COM. REP. NO. 1613

Honolulu, Hawaii

, 2005

RE: S.B. No. 1843

S.D. 1

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Finance, to which was referred S.B. No. 1843, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROCUREMENT,"

begs leave to report as follows:

The purpose of this bill is to promote fairness in the long-term relationships between the government and contractors that provide construction design professional services (contractor) by:

(1) Prohibiting the State from requiring the contractor to indemnify the State for the State's negligence; and

(2) Allowing the State to require the contractor to indemnify the State for the contractor's negligence.

American Institute of Architects – Hawaii State Council; Hawaii Island Contractors' Association; Coalition of Hawaii Engineering and Architectural Professionals; American Society of Civil Engineers – Hawaii Section; Hawaii Society of Professional Engineers; American Council of Engineering Companies of Hawaii; Fukunaga & Associates, Inc.; Hawaii Pacific Engineers, Inc.; Masa Fujioka & Associates; KAI Hawaii, Inc.; Engineering Concepts, Inc.; Engineering Solutions, Inc.; Earth Tech, Inc.; Austin, Tsutsumi & Associates, Inc.; Cedric D. O. Chong & Associates, Incorporated; ECS, Inc.; Shigemura, Lau, Sakanashi, Higuchi and Associates, Inc.; Clayton J. Wong & Associates, Inc.; Consulting Structural Hawaii, Inc.; and several concerned individuals supported this bill. BIA-Hawaii supported the intent of this measure.

Your Committee has amended this bill by:

(1) Changing its effective date to July 1, 2010, to promote further discussion; and

(2) Making technical, nonsubstantive amendments for style, clarity, and consistency.

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1843, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1843, S.D. 1, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Finance,

 

____________________________

DWIGHT TAKAMINE, Chair