STAND. COM. REP. NO.  824-16

Honolulu, Hawaii

                , 2016

RE:   H.B. No. 2049

      H.D. 2

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Finance, to which was referred H.B. No. 2049, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

begs leave to report as follows:

The purpose of this measure is to address questions regarding responsibility for the repair and maintenance of privately owned highways.  Specifically, this measure:

     (1)  Requires the counties to accept the surrender of a private road if there has been no act of private ownership for five years;

     (2)  Specifies that a private road is surrendered if the State or county initiates condemnation proceedings to acquire the road; and

     (3)  Exempts the State and counties from maintaining surrendered roads and from liability for lack of maintenance or for maintenance performed prior to assuming ownership.

The Department of Land and Natural Resources, Hawaii Association of Realtors, Bank of Hawaii, and Chamber of Commerce of Hawaii provided testimony in support of the measure.  The Department of the Attorney General, Department of Transportation, and City and County of Honolulu Department of Facility Maintenance provided comments.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2049, H.D. 2, and recommends that it pass Third Reading.

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

____________________________

SYLVIA LUKE, Chair