STAND. COM. REP. NO.  207-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 3415

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committees on Transportation and Water, Land, Ocean Resources & Hawaiian Affairs, to which was referred H.B. No. 3415 entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC ROADS,"

beg leave to report as follows:

     The purpose of this bill is to help resolve jurisdictional issues over certain roads by:

     (1)  Allowing any person to file a contested case hearing to        determine jurisdiction over so-called "roads in limbo";       and

     (2)  Establishing a process for determination of                        jurisdiction.

     The Hawaii Association of REALTORS and several concerned individuals testified in support of this bill.  The Department of Transportation (DOT), Department of Commerce and Consumer Affairs, Department of Land and Natural Resources, City and County of Honolulu, and Hawaii Building and Construction Trades Council, ALF-CIO testified in opposition to this measure.

     The dispute over the jurisdiction of various roads throughout the state has been ongoing for several decades, originating to a time prior to statehood.  Prior to 1947, counties had jurisdiction over, and were responsible for the maintenance of, all public highways in the Territory of Hawaii.  However, in 1947, jurisdiction for certain highways and roadways was transferred to territorial agencies.  Many of these highways and roads were federal-aid highways that would later evolve into highways under the jurisdiction of what is now DOT.  Although the counties were supposed to maintain all public highways and roadways that were not under the jurisdiction of DOT, some were not maintained and fell into disrepair.  The jurisdiction over some of these roads were also called into question and these roads began to be referred to as "roads in limbo".

     While a number of counties have worked with DOT to resolve this issue and have accepted jurisdiction over a number of these "roads in limbo", some disputes still exist.  Although your Committees understand that DOT has compiled a listing of roads considered to be "roads in limbo" and is currently planning on meeting with the four counties to continue to work toward developing practical solutions to solve these jurisdictional disputes, this measure may provide one solution to the problem and should be considered for further discussion.

     As affirmed by the records of votes of the members of your Committees on Transportation and Water, Land, Ocean Resources & Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 3415 and recommend that it pass Second Reading and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Transportation and Water, Land, Ocean Resources & Hawaiian Affairs,

____________________________ KEN ITO, Chair

____________________________ JOSEPH M. SOUKI, Chair