STAND. COM. REP. NO. 3411

Honolulu, Hawaii

RE: H.B. No. 2275

H.D. 2

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2275, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY,"

begs leave to report as follows:

The purpose and intent of this measure is to require private streets, highways, or thoroughfares, except for private roads used exclusively by the owner or its employees, in the Kaka‘ako community development district to conform to county construction and maintenance standards, and make the owners responsible for the costs of conforming and maintaining the private road.

Your Committee received testimony in support of this measure from Bank of Hawaii, O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i, and Kaka‘ako United. Your Committee received comments on this measure from the Hawaii Community Development Authority.

Your Committee finds that a significant number of private roads are used by the general public in the Kaka‘ako community development district. In some cases, the owner charges a fee for the use of the road by members of the public. Some of these private roads have fallen into disrepair because the owners have not maintained the roads sufficient to meet the county's maintenance standards for county highways. Your Committee further finds that private roads that are used by the public and whose owners charge a fee for that use should be maintained to the same standard as other public roads, and that owners who profit from public use should be responsible for the costs of that maintenance.

Your Committee has amended this measure by:

(1) Making it effective upon approval; and

(2) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2275, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2275, H.D. 2, S.D. 2.

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

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BRIAN T. TANIGUCHI, Chair