Transferring responsibility and funding for the repair and maintenance of highways and parks in counties over 500,000 to the counties from the state.

A BILL FOR AN ACT

SECTION 1. Act 223, Session Laws of Hawaii 1998, Relating to the Duplication of Government Services, requested the governor and mayors of the respective counties to submit:

A Preliminary Report on Highway and Roadway Maintenance and Parks Programs, dated January, 1999, and a Phase Two report that addressed additional areas, dated November 20, 1999, have been submitted to the legislature.

The legislature finds that these two reports address areas of duplication, as well as some of the possible options either to reduce duplication, or to declare duplication acceptable. These two reports did not propose legislation to eliminate the duplication of services, as required by Act 223.

With respect to highways, the state and the counties did not reach a consensus as to who should maintain existing state highways. Counties with a population in excess of 500,000 recommended a split system with the county assuming responsibility for maintaining all highways except those which are part of the federal interstate system (H-1, H-2, and H-3).

The purpose of this bill is to transfer responsibility and funding for all highways, except interstate highways, and for all parks to counties in counties whose population exceeds 500,000.

SECTION 2. Section 249-31, Hawaii Revised Statutes, is amended to read as follows:

"§249-31 State registration fee. All vehicles and motor vehicles in the State as defined in section 249-1, including antique motor vehicles, except as otherwise provided in sections 249-[3]4 to 249-6, shall be subject to a $20 annual vehicle registration fee. The fee shall become due and payable on January 1, and shall be paid before April 1 in each year together with all other taxes and fees levied by this chapter; provided that should any county elect to renew motor vehicle registrations on a staggered basis as authorized by section 286-51, the state registration for that county shall likewise be staggered so that the state registration fee is due and payable at the same time and shall be collected together with the county fee. The state registration fee shall be deemed delinquent if not paid with the county registration fee. The respective counties shall collect this fee together with the vehicle registration tax collected for the county and shall transfer the moneys collected under this section to the State to be paid into the state highway fund [.]; provided, however, that in any county with a population of 500,000 or more, the amount of the state registration fees collected in that county shall be retained by the director of finance of that county as a general realization of the county expendable as such except as otherwise provided by law."

SECTION 3. Section 249-33, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) All vehicles and motor vehicles in the State as defined in section 249-1, including antique motor vehicles, except as otherwise provided in sections 249-[3]4 to 249-6, in addition to all other fees and taxes levied by this chapter, shall be subject to an annual state vehicle weight tax. The tax shall be levied by the county director of finance at the rate of .75 cents a pound according to the net weight of each vehicle as the "net weight" is defined in section 249-1 up to and including four thousand pounds net weight; vehicles over four thousand pounds and up to and including seven thousand pounds net weight shall be taxed at the rate of 1.00 cent a pound; vehicles over seven thousand pounds and up to and including ten thousand pounds net weight shall be taxed at the rate of 1.25 cents a pound; vehicles over ten thousand pounds net weight shall be taxed at a flat rate of $150.

(b) The tax shall become due and payable on January 1 and shall be paid before April 1 in each year together with all other taxes and fees levied by this chapter; provided that should any county elect to renew motor vehicle registrations on a staggered basis as authorized by section 286-51, the state vehicle weight tax shall likewise be staggered so that the state vehicle weight tax is collected together with the county fee. The state vehicle weight tax shall be deemed delinquent if not paid with the county registration fee. The tax shall be paid by the owner of each vehicle to the director of finance of the county in which the vehicle is registered and shall be collected by the director of finance of such county together with all other fees and taxes levied by this chapter from the owner of each vehicle and motor vehicle registered in the county.

By the fifteenth day of the month following the month in which taxes under this section are collected, the director of finance of each county shall transmit the taxes collected to the state director of finance for deposit into the state highway fund[.]; provided, however, that in any county with a population of 500,000 or more, the amount of the state motor vehicle weight tax collected in that county shall be retained by the director of finance of that county as a general realization of the county expendable as such, except as otherwise provided by law."

SECTION 4. Section 251-4, Hawaii Revised Statutes, is amended by adding a new subsection (e) to read as follows:

"(e) The return form shall indicate the amount of the surcharge taxes collected for vehicles in each county."

SECTION 5. Section 251-5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§251-5[]] Remittances. All remittances of surcharge taxes imposed under this chapter shall be made by cash, bank draft, cashier's check, money order, or certificate of deposit to the office of the taxation district to which the return was transmitted. The department shall deposit the moneys into the state treasury to the credit of the state highway fund[.]; provided, however, that the amount of surcharge taxes collected for vehicles rented or operated in the city and county of Honolulu shall be retained by the director of finance of that county as a general realization of the county expendable as such, except as otherwise provided by law."

SECTION 6. Section 264-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) All roads, alleys, streets, ways, lanes, bikeways, and bridges in the State, opened, laid out, or built by the government are declared to be public highways. Public highways are of two types:

SECTION 7. Section 264-41, Hawaii Revised Statutes, is amended to read as follows:

"§264-41 Establishment. There is established a state highway system which shall consist of [federal-aid highways and other] the following interstate highways and such other public highways which may be designated for inclusion in the system pursuant to section 264-42[.]:

SECTION 8. Section 264-42, Hawaii Revised Statutes, is amended to read as follows:

"§264-42 Authority to include other public highways in the state highway system. The director of transportation acting in cooperation with appropriate federal and county agencies, may designate for inclusion in the state highway system, such other public highways, including county highways, which are used primarily for through traffic and not for access to any specific property, whether residential, business, or other abutting property[.]; provided that, in any county with a population of 500,000 or more, public highways designated for inclusion in the state highway system under this section shall include only those highways which are used solely for access to specific properties under the jurisdiction of the State."

SECTION 9. Section 291C-111, Hawaii Revised Statutes, is amended to read as follows:

"§291C-111 Noncompliance with stopping, standing, or parking requirements. (a) [With respect to highways under their respective jurisdictions, the] The director of transportation, with respect to state highways, is authorized to and the counties, with respect to county highways, by ordinance may prohibit or restrict the stopping, standing, or parking of vehicles where the stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would interfere unduly with the free movement of traffic; provided that the violation of any law or any ordinance, regardless of whether established under this or any other section, prohibiting or restricting the stopping, standing, or parking of vehicles shall constitute a traffic infraction. The counties shall not provide any other penalty, civil or criminal, or any other charge, in the form of rental or otherwise, in place of or in addition to the fine to be imposed by the district court for any violation of any ordinance prohibiting or restricting the stopping, standing, or parking of vehicles.

This section shall not be construed as prohibiting the authority of the director of transportation or the counties to allow the stopping, standing, or parking of motor vehicles at a "T-shaped" intersection on highways under their respective jurisdictions; provided that such stopping, standing, or parking of motor vehicles is not dangerous to those using the highway or where the stopping, standing, or parking of motor vehicles would not unduly interfere with the free movement of traffic.

The appropriate police department and county or prosecuting attorney of the various counties shall enforce any law or ordinance prohibiting or restricting the stopping, standing, or parking of vehicles, including but not limited to the issuance of parking tickets. Any person committing a violation of any law or ordinance, regardless of whether established under this or any other section, prohibiting or restricting the stopping, standing, or parking of vehicles shall be subject to a fine to be enforced and collected by the district courts of this State and to be deposited into the state general fund for state use.

(b) The director of transportation, with respect to state highways, and the counties[, and owners of private highways, with the consent of the county official responsible for traffic control] with respect to county highways [under their respective jurisdictions] shall place, or cause to be placed, signs or curb markings which are clearly visible to an ordinarily observant person prohibiting or restricting the stopping, standing, or parking of vehicles on the highway. Such signs or curb markings shall be official signs and markings and no person shall stop, stand, or park any vehicle in violation of the restrictions stated on such signs or markings."

SECTION 10. (a) On January 1, 2002, the estate, right, title, and interest and any appurtenance thereto, of the State relating to:

(1) Diamond Head State Monument;

(2) Hanauma Bay State Underwater Park;

(3) Heeia State Park;

(4) Kaena Point State Park;

(5) Kahana Valley State Park;

(6) Kakaako Waterfront Park;

(7) Keaiwa Heiau State Recreation Area;

(8) Keehi Lagoon Fill Area;

(9) Kewalo Basin Park;

(10) Malaekahana State Recreation Area;

(11) Makapuu Point State Wayside;

(12) Nuuanu Pali State Wayside;

(13) Puuualakaa State Wayside;

(14) Queen Emma Summer Palace;

(15) Sacred Falls State Park;

(16) Sand Island State Recreation Area;

(17) Waahila Ridge State Recreation Area; and

(18) Wahiawa Freshwater State Recreation Area

shall be vested in the city and county of Honolulu.

(b) All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of land and natural resources concerning the lands and appurtenances transferred by this Act shall be transferred with those land and appurtenances on January 1, 2002, under the direction of the governor.

SECTION 11. No personnel shall be included in the transfer authorized by Section 10 of this Act.

SECTION 12. The costs associated with the transfer of records, equipment, and personal property and all other costs involved in effectuating the purposes of this Act shall be borne by the State.

SECTION 13. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2001-2002, for the operations, maintenance, and capital improvement costs for parks transferred from the State to the city and county of Honolulu.

SECTION 14. It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State and the city and county of Honolulu, or any agency thereof, to the holder of any bond issued by the State, or the city and county of Honolulu, or any agency thereof, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any modification with reasons therefore to the legislature at its next session thereafter for review by the legislature.

SECTION 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 16. This Act shall take effect on July 1, 2001.