Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 711 entitled:

begs leave to report as follows:

The purpose of this measure is to require the Department of Transportation to use federal alternative standards in the construction, reconstruction, resurfacing, restoration, or rehabilitation of a scenic highway within the state scenic highway system.

In addition, this measure would establish a scenic highways advisory commission, which among other things will determine those highways that receive a "scenic" designation. Further, the measure imposes limits on the liability of the State in any accidents occurring on any state scenic highway that has been subject to alternative federal standards.

Your Committee finds that recent new flexible federal alternative highway design standards encourage good highway design that is sensitive to its surrounding environment, especially in historic and scenic areas. These same design standards should be used within the state highway system, especially for highways that have scenic, aesthetic, historical, or cultural significance.

Your Committee further finds that these more flexible alternative design standards may increase the liability of the State in accidents occurring on scenic highways and therefore, this measure limits the liability of the State in vehicular accidents on scenic highways.

Your Committee has amended this measure by:

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. 711, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 711, S.D. 1.