THE SENATE	S.B. NO.	2267
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

relating to highways.

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

     SECTION 1.  Section 265A-1, Hawaii Revised Statutes, is amended to read as follows:

     "§265A-1  County authority.  The several councils or other governing bodies of the several political subdivisions of the State shall have the general supervision, charge, and control of, and the duty to maintain and repair, all county highways, bikeways, and sidewalks and shall have the power to determine the terms under which irrigation or drainage ditches, flumes, railroads, including plantation railroads and similar structures, telephone, electric light and power lines and pipes and other conduits may be maintained upon, under, over, and across the same, and the councils or other governing bodies may make all regulations needful for the public convenience and safety in all cases where permission has been or may be granted to maintain the ditches, railroads, pipes, or other structures across, under, over, and upon all county highways.  Any other law to the contrary notwithstanding, the several counties by ordinance may take over, or receive by dedication or otherwise, any private street or way or may improve, grade, repair, or do any construction work upon private streets, ways, pavement, water lines, street lighting systems, or sewer repairs[.]; provided that if a county takes over or receives a private street or way for which the county is unable to determine the owner, the county shall be exempt from any state laws, or rules adopted pursuant thereto, that would require the county to perform construction or any improvement upon the street or way."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

INTRODUCED BY:

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Report Title:

Highways; Private Streets; Counties; Improvements

Description:

Exempts counties from laws or rules that would require the performance of construction or improvements upon a street or way if the county takes over a private street or way for which the county is unable to determine the owner.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.