HB1517

SECTION 1. Chapter 662D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§662D- Limited liability for volunteer engineers and architects. (a) Notwithstanding any other provision of law to the contrary, an engineer or architect, licensed under chapter 464 or the laws of any other state, that voluntarily provides building structural or building systems evaluation services affecting life or safety, shall not be liable to any person for injury or damage sustained, except for injury or damages resulting from gross negligence or intentional misconduct. The limited liability shall apply only when all of the following conditions occur:

(1) The services are rendered without compensation except as provided under section 90-4;

(2) The services are provided in response to a natural disaster and under the direction of, or in connection with, a community disaster response team of a state or county governmental entity or the Federal Emergency Management Agency; and

(3) Services are provided within ninty days after a state of emergency has been declared by the governor.

(b) The limited liability of this section shall apply to services rendered in conjunction with public or privately owned structures or property."

SECTION 2. Chapter 103D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§103D- Defense of a governmental entity for public works. (a) If a governmental entity enters into a public works projects contract with a person for professional services to be performed by one or more professionals licensed pursuant to chapter 464, the contract shall not require the person to defend the governmental entity, its officers, employees, or agents from any liability, damage, loss, claim, action, or proceeding.

(b) Notwithstanding subsection (a), the contract may require a person to indemnify and hold harmless the governmental entity, and its officers and employees, from and against any liability, loss, damage, cost, and expense, including reasonable attorneys' fees, and all claims, suits, and demands therefore, arising out of or resulting from the negligent acts, errors, or omissions of the person, the persons' employees, officers, agents, or subcontractors in the performance of their professional services.

(c) The defense of a governmental entity provision of any contract between a governmental entity and a person in violation of subsection (a) is contrary to the public policy of this State and is void.

(d) As used in this section:

(1) "Public works projects" means the same as in section 464-4 and shall also includes facilities and highways as those terms are defined in section 128-2.

(2) "Person" means any individual, partnership, organization, limited liability company, association, corporation, or other entity conducting business in the State."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1517
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII