STAND. COM. REP. NO.  1251

Honolulu, Hawaii

                , 2011

RE:   H.R. No. 73

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred H.R. No. 73 entitled:

"HOUSE RESOLUTION REQUESTING THE CONVENING OF A WORKING GROUP TO ADDRESS THE JURISDICTIONAL DISPUTES BETWEEN THE STATE AND THE COUNTIES REGARDING OWNERSHIP AND RESPONSIBILITY FOR MAINTENANCE AND IMPROVEMENT OF ROADWAYS,"

begs leave to report as follows:

     The purpose of this resolution is to convene a working group to resolve long standing disputes between the State and the counties over the jurisdiction of various roadways throughout the state.

     In 1963, section 264-1, Hawaii Revised Statutes, created two categories of public highways – State highways under the jurisdiction of the Department of Transportation and county highways which comprise all remaining highways. Disputes arose when the State, under this law, transferred various roadways to the counties, some of which the counties refused to accept. The counties claimed that the roadways do not become a county highway unless they are accepted as such by the county council. As a result several of these roadways fell into disrepair with neither side accepting responsibility for necessary repairs and maintenance.

     Your committee feels that after almost fifty years it is time for all the parties on both sides who are capable of implementing a resolution to this dispute to sit down and work out their differences. The makeup of the working group follows the recommendation made by the LRB in their 1989 report to the Legislature entitled Roads in Limbo. In addition an outside facilitator was also included to insure that the parties reach a solution acceptable to both sides, and the resolution provides for the addition of other parties who may be required for the successful implementation of a solution.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee concurs with the intent and purpose of H.R. No. 73 and recommends that it be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Transportation,

____________________________

JOSEPH M. SOUKI, Chair