STAND. COM. REP. NO. 1065

Honolulu, Hawaii

RE: H.B. No. 486

H.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 486, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Specify that a government agency does not assume ownership or jurisdiction over a disputed road solely as a result of performing maintenance or repair activities; and

(2) Authorize the State to transfer ownership of roads in favor of counties by quitclaim if requested by the county.

Your Committee received testimony in support of this measure from the Department of Transportation. Your Committee received comments on this measure from the Department of Land and Natural Resources.

Your Committee finds that there are roads in Hawaii whose ownership or jurisdiction is disputed between the State and counties. Your Committee further finds that the safety of persons traveling over these so called "roads in limbo" is affected by the lack of maintenance to these roads. Your Committee also finds that neither state nor county agencies are willing to maintain these roads because the performance of maintenance or repair activities may be construed to indicate ownership and jurisdiction over the disputed roads. This measure allows the state or county to maintain roads without taking on ownership responsibility.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 486, H.D. 2, and recommends that it pass Second Reading and be referred to your Committees on Judiciary and Ways and Means.

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

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CHRIS LEE, Chair