STAND. COM. REP. NO. 1674

Honolulu, Hawaii

RE:    H.B. No. 1608

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 1608, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

begs leave to report as follows:

     The purpose of this measure is to give the Governor, the Director of Transportation, a Mayor or a Director of Transportation of a county emergency powers when a substantial endangerment to public health and safety is or will be caused by the temporary closure of, or the lack of access to, an area by a state highway, which requires immediate action.

     Your Committee received testimony from two organizations and one private individual.  The Department of Transportation supported the bill whereas the private individual supported the bill with suggested amendments.  The State Procurement Office opposed the current language of the bill that exempted all contracts for a traffic emergency zone from the Procurement Code.

     The measure has been amended by the following:

(1) Changed language in subsection (b) of section 264-  to require procurement pursuant to section 103D-307, Hawaii Revised Statutes (HRS), as requested by the Chief Procurement Officer;

(2)  Added language for the State or county to indemnify the owner of a cane haul road from any liability that may arise out of the use of such cane haul road when designated as a state highway;

(3)  Added two new definitions for "county highway" and "state highway" and referenced these terms to existing definitions; and

(4)  Provided language to have each designation of a traffic emergency zone expire within five years.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1608, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1608, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair