STAND. COM. REP. NO.  1153

Honolulu, Hawaii

                , 2013

RE:   S.B. No. 1357

      S.D. 2

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Sir:

     Your Committees on Water & Land and Transportation, to which was referred S.B. No. 1357, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

beg leave to report as follows:

The purpose of this measure is to enable the safe and efficient operation of roads in the State by enabling state and county agencies to maintain roads with disputed ownership without incurring liability or assuming ownership of or jurisdiction over those roads.

Your Committees received testimony in support of this measure from the Department of Transportation and Department of the Attorney General.  Hawaii Association for Justice submitted testimony in opposition to this measure.  The Department of Land and Natural Resources submitted comments.

     Your Committees have amended this measure by:

     (1)  Deleting language related to the liability of a state or county agency for repairs to a disputed road;

     (2)  Adding new language to state that actions by a government agency to maintain roads in dispute shall not create ownership or the evidence of ownership of the road;

     (3)  Clarifying that the State may divest itself of interest in a road in dispute through quitclaim conveyance to a county; and

     (4)  Making technical, nonsubstantive amendments for the purpose of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Water & Land and Transportation that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1357, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1357, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Water & Land and Transportation,

____________________________ RYAN I. YAMANE, Chair

____________________________ CINDY EVANS, Chair