Report Title:

State Highways; Transfer to Counties; Task Force

Description:

Creates a county highways task force within the department of transportation to oversee the transfer of all state highways functions and funding. Directs the task force to establish a timetable for the transfer of highway related functions and to review relevant highway related statutes and ordinances for possible revision, and conduct comprehensive review. (SD1)

THE SENATE

S.B. NO.

963

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HIGHWAYS.

 

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

SECTION 1. Legislative purpose. The purpose of this Act is to provide for the transfer of all state highways functions to the counties. The intent of this Act is to make each county responsible for the highways that are located in that county, and to transfer funding for state highways to the counties.

SECTION 2. County highways task force. (a) There is established a task force within the state department of transportation for administrative purposes to provide for the orderly transfer of functions and funds with respect to state highways to the counties. The governor shall convene the task force within thirty days after the effective date of this section.

(b) The task force shall be composed of:

(1) One member of the United States Congress from Hawaii or a designee;

(2) The state director of transportation, or a designee, who shall serve as the chairperson of the task force;

(3) The four county directors having jurisdiction over transportation services, or their designees;

(4) One person appointed by the governor;

(5) The chairpersons of the house of representatives standing committees having jurisdiction over transportation and intergovernmental affairs, or their designees appointed by the speaker of the house of representatives; and

(6) The chairpersons of the senate standing committees having jurisdiction over transportation and intergovernmental affairs, or their designees appointed by the president of the senate.

(c) In carrying out its duties under this section, the task force may request staff assistance from the state department of transportation and other appropriate state and county executive agencies.

(d) The members of the task force shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(e) The task force shall have the following functions and duties:

(1) To oversee the process of transferring functions and funding relating to the state highways to the counties;

(2) To establish a timetable for the transfer of functions;

(3) To monitor compliance with the timetable;

(4) To ensure that appropriations for specific highway projects are transferred to the counties;

(5) To provide for the transfer of all contracts relating to state highways to the counties;

(6) To ensure that all federal and state funds are fully allocated in the course of the transfer;

(7) To ensure that all unexpended and unencumbered balances appropriated out of the state highway fund, or out of the proceeds of general obligation bonds and issued for highway-related capital improvement projects, are transferred to each of the counties and do not lapse;

(8) To review all relevant county ordinances and state statutes, including the following provisions of the Hawaii Revised Statutes, for possible amendment: sections 27-31, 28-9, 36-31(b), 36-28, 39-94, 171-52(d), 205A-26(3)(D), 248-8, 248-9, 248-10, 248-12, 249-31, 249-33(b), 251-5, 264-1 to 264-102, 279A-2(1), 279A-7(1), 279E-1, 286-5, 286-6, 286-111(b), 286-209(c), 286-216, 291-35, 291-37(a), 291C-104(c), 291C-149(b), 291C-163(b);

(9) To resolve any other issues relating to the transfer of functions and funding to the counties to ensure the timely and efficient transfer of responsibility of the state highway system; and

(10) To conduct a comprehensive review of the functions of the state division of highways and the transportation functions of the counties to determine the pros and cons of consolidation, with recommendations relating to the feasibility of a transfer.

(f) The state director of transportation shall submit a report of the activities of the task force, including recommendations and proposed legislation, to the legislature no later than twenty days prior to the convening of the 2006 regular session. The legislative reference bureau shall assist the task force in drafting legislation to implement the task

force's recommendations. The task force shall be dissolved on June 30, 2006.

SECTION 3. This Act shall take effect upon its approval.