STAND. COM. REP. NO. 116
Honolulu, Hawaii
, 2005
RE: H.B. No. 1362
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Economic Development & Business Concerns, to which was referred H.B. No. 1362 entitled:
"A BILL FOR AN ACT RELATING TO PROCUREMENT,"
begs leave to report as follows:
The purpose of this bill is to amend the procurement code to:
(1) Prohibit a governmental body from requiring a construction design professional services contractor to indemnify the governmental body for the governmental body's negligent, reckless, or intentional misconduct; and
(2) Allows the governmental body to require the contractor to indemnify the State for the person's negligence.
The American Society of Civil Engineers, American Council of Engineering Companies of Hawaii, Fukunaga & Associates, Clayton J. Wong & Associates, Inc., Consulting Structural Hawaii, Inc., Miyasato Kuniyoshi Engineers LLC, Shigemura, Lau, Sakanashi, Higuchi, and Associates, Inc., Hawaii State Council of American Institute of Architects, and Finance Insurance, Ltd., testified in support of the bill. The State Procurement Office provided comments on the bill.
Your Committee finds that this bill will provide for fair contracts between the State and persons providing professional services while also helping to improve the professional liability insurance climate in Hawaii.
As affirmed by the record of votes of the members of your Committee on Economic Development & Business Concerns that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1362 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Economic Development & Business Concerns,
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____________________________ ROBERT N. HERKES, Chair |
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