STAND. COM. REP. NO. 985

Honolulu, Hawaii

RE: S.B. No. 1091

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 1091, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE COUNTIES,"

begs leave to report as follows:

The purpose and intent of this measure is to facilitate the repair and maintenance of roads in the State.

More specifically, this measure authorizes certain counties to use county surcharge on state tax revenues and fuel tax revenues for the repair and maintenance of private roadways that are open to and used by the public.

Your Committee received written comments in support of this measure from a member of the Hawaii County Council, Friends of Puna's Future, and five individuals.

Your Committee received written comments on this measure from the Department of the Attorney General and Tax Foundation of Hawaii.

Your Committee finds that, in certain areas of the State, private subdivisions struggle to adequately fund road maintenance, due to current constraints on counties that prevent the expenditure of public funds on private roads. Your Committee also finds that, in these areas, many private roads serve as important routes for first responders, public transportation, and emergency services. Your Committee further finds that the lack of maintenance on these roads creates a public safety hazard, not only for the residents of these areas, but for everyone who relies on those roads.

Your Committee has amended this measure by:

(1) Changing the effective date to July 1, 2050, to facilitate further discussion on the measure; and

(2) Making technical nonsubstantive amendments for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1091, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1091, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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DONOVAN M. DELA CRUZ, Chair