SB 1506: RELATING TO PROFESSIONAL LAND SURVEYORS.

A BILL FOR AN ACT

RELATING TO PROFESSIONAL LAND SURVEYORS.

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

     SECTION 1.  The legislature finds that Act 207, Session Laws of Hawaii 2007, authorized the establishment of design claims conciliation panels to protect design professionals against frivolous lawsuits.  Under chapter 672B, Hawaii Revised Statutes, the definition of design professional includes a professional engineer, architect, surveyor, or landscape architect licensed under chapter 464, Hawaii Revised Statutes (chapter 464). 

     The legislature further finds that under chapter 464, the professional services provided by architects and professional engineers involve the safeguarding of life, health, or property.  However, under chapter 464, the professional service provided by a land surveyor does not.  Rather, according to chapter 464, Hawaii Revised Statutes, land surveyors are those who practice land surveying, which is defined in part as involving "the application of specialized knowledge of the principles of mathematics, the physical and applied sciences, and the act of measuring, locating, establishing, or reestablishing lines, angles, elevations, [and] natural and manmade features on the surface and immediate subsurface of the earth . . . for the purpose of determining . . . [the] legal or geodetic location or relocation, or orientation of improved or unimproved real property . . .".

     The purpose of this Act is to establish a statute of repose for professional land surveyors and owners of real property by prohibiting the commencement of a civil action if ten years has elapsed since the latter of the completion of a contract or final payment for land surveying work. 

     SECTION 2.  Chapter 464, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§464-    Professional land surveyors; contract; statute of repose.  No civil action shall be commenced against a professional land surveyor or owner of real property if ten years has elapsed since the latter of the date of completion of a contract or final payment for professional land surveying work."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

Report Title:

Professional Land Surveyors; Real Property Owners; Statute of Repose

Description:

Establishes a statute of repose prohibiting the commencement of a civil action against a professional land surveyor or owner of real property if ten years has elapsed since the latter of the date of completion of a contract or final payment for land surveying work.  Effective 7/1/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to professional land surveyors.

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

     SECTION 1.  The legislature finds that Act 207, Session Laws of Hawaii 2007, authorized the establishment of design claims conciliation panels to protect design professionals against frivolous lawsuits.  Under chapter 672B, Hawaii Revised Statutes, the definition of design professional includes a professional engineer, architect, surveyor, or landscape architect licensed under chapter 464, Hawaii Revised Statutes (chapter 464). 

     The legislature further finds that under chapter 464, the professional services provided by architects and professional engineers involve the safeguarding of life, health, or property.  However, under chapter 464, the professional service provided by a land surveyor does not.  Rather, land surveyors are those who practice land surveying, which is defined in part as involving "the application of specialized knowledge of the principles of mathematics, the physical and applied sciences, and the act of measuring, locating, establishing, or reestablishing lines, angles, elevations, [and] natural and manmade features on the surface and immediate subsurface of the earth . . . for the purpose of determining . . . [the] legal or geodetic location or relocation, or orientation of improved or unimproved real property . . .".

     The purpose of this Act is to establish a statute of repose for professional land surveyors by prohibiting the commencement of a civil action if ten years has elapsed since the latter of the completion of a contract or final payment for land surveying work. 

     SECTION 2.  Chapter 464, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§464-    Professional land surveyors; contract; statute of repose.  No civil action shall be commenced against a professional land surveyor if ten years has elapsed since the latter of the date of completion of a contract or final payment for professional land surveying work."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2025.

Report Title:

Professional Land Surveyors; Statute of Repose

Description:

Establishes a statute of repose prohibiting the commencement of a civil action against a professional land surveyor if ten years has elapsed since the latter of the date of completion of a contract or final payment for land surveying work. 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 442

Honolulu, Hawaii

RE:    S.B. No. 1506

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 1506 entitled:

"A BILL FOR AN ACT RELATING TO PROFESSIONAL LAND SURVEYORS,"

begs leave to report as follows:

     The purpose and intent of this measure is to establish a statute of repose for professional land surveyors by prohibiting the commencement of a civil action if ten years has elapsed since the latter of the completion of a contract or final payment for land surveying work.

     Your Committee received testimony in support of this measure from twelve individuals.

     Your Committee received comments on this measure from the Department of the Attorney General and Board of Professional Engineers, Architects, Surveyors, and Landscape Architects.

     Your Committee finds that presently the State's land surveyors and surveying firms must retain records of their surveys in the event that a claim arises from an alleged error or omission, whether valid or not.  In many cases, these records are from surveys conducted long ago, often by surveyors who have either passed away or are no longer with the surveying company and cannot serve as witnesses to the quality of their own work.  This measure will reduce unnecessary burdens and costs on surveyors and their clients.

     Your Committee has amended this measure by:

     (1)  Extending the statute of repose established in this measure to the property owner;

     (2)  Amending section 1 to reflect its amended purpose; and

     (3)  Inserting an effective date of July 1, 2050, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1506, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1506, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,