STAND. COM. REP. NO. 259

Honolulu, Hawaii

, 2005

RE: H.B. No. 1417

 

 

 

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. 1417 entitled:

"A BILL FOR AN ACT RELATING TO DESIGN PROFESSIONALS,"

begs leave to report as follows:

The purpose of this bill is to help protect design professionals from frivolous lawsuits by:

(1) Requiring the filing of a certificate of merit with any complaint filed against a design professional for failure to meet the standard of care; and

(2) Requiring the filing of a preliminary expert opinion affidavit.

The American Society of Civil Engineers, American Institute of Architects-Hawaii State Council, Fukunaga & Associates, American Council of Engineering Companies of Hawaii, Clayton J. Wong & Associates, Inc., Consulting Structural Hawaii, Inc., Miyasato Kuniyoshi Engineers LLC, Shigemura, Lau, Sakanashi, Higuchi & Associates, and Finance Insurance, Ltd., testified in support of the bill. The Department of Accounting and General Services opposed the measure.

 

Your Committee finds that this bill would assist design professionals by requiring an independent expert in the design of the type of facility involved in the complaint to certify that the complaint against the professional has merit and should be reviewed by the judicial system.

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. 1417 and recommends that it pass Second Reading and be referred to the Committees on Consumer Protection & Commerce and Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Economic Development & Business Concerns,

 

____________________________

ROBERT N. HERKES, Chair