STAND. COM. REP. NO. 1500

Honolulu, Hawaii

RE:    H.B. No. 115

       H.D. 1

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred H.B. No. 115, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAYS,"

begs leave to report as follows:

     The purpose and intent of this measure is to address issues regarding public roads for which there is a dispute between the State and another party over ownership and jurisdiction.

     Specifically, this measure requires each county with a population of five hundred thousand or greater to take ownership and jurisdiction over all disputed public roads under certain circumstances.

     Your Committee received written comments in support of this measure from the Department of Transportation, Department of Land and Natural Resources, Managing Director of the City and County of Honolulu, Bank of Hawaii, and Chamber of Commerce Hawaii.

     Your Committee finds there are numerous roads throughout the State for which ownership has been disputed and that consequently do not receive proper care and maintenance.  These disputes create difficulties for both members of the public and for government agencies when individuals report repair or maintenance issues.  Your Committee believes this measure will resolve these issues by requiring the counties to take ownership of and exercise jurisdiction over these disputed roads.

     Your Committee notes that the Department of Transportation has requested an amendment to section 4 of Act 194, Session Laws of Hawaii 2016, to change the appropriation date from Fiscal Year 2016-2017 to Fiscal Year 2017-2018, to allow for positions and operating expenditures of the Roads Commission to complete its review of private road ownership disputes as required by that Act.

     Your Committee also notes a proposed amendment from the Department of Land and Natural Resources that would ensure that the definition of "disputed roads" includes those roads whose ownership is in dispute between a county and a private landowner.  The Department of Land and Natural Resources also requested that, if applicable, language be added to expressly confirm the intent of the Legislature to exempt the surrender of roads to a county under this measure from section 171-64.7, Hawaii Revised Statutes, which requires a supermajority approval of both houses of the Legislature for conveyances of state lands.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 115, H.D. 1, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

________________________________

JILL N. TOKUDA, Chair