CONFERENCE COMMITTEE REP. NO. 96-22

Honolulu, Hawaii

, 2022

RE: S.B. No. 2008

S.D. 1

H.D. 2

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2008, S.D. 1, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAYS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Clarify that the State and counties may only be held jointly and severally liable for acts or omissions relating to a condemned highway or trail that occurred after condemnation; and

(2) Allow the State and counties to utilize flexibility in highway design regarding any condemned highway.

Your Committee on Conference finds that although the Legislature sought to address the problems caused by private roads by passing Act 194, Session Laws of Hawaii 2016, further legislation is now needed to reduce impediments to state and county condemnation of private lanes. This measure will facilitate the condemnation, maintenance, and improvement of private highways and trails that are in disrepair by providing the State and counties with flexibility in the design of condemned private highways and trails and relieving the State and counties of liability for condemned highways and trails.

Your Committee on Conference has amended this measure by changing the effective date to upon its approval.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2008, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2008, S.D. 1, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ HENRY J.C. AQUINO Co-Chair	____________________________ CLARENCE K. NISHIHARA Chair
____________________________ SCOT Z. MATAYOSHI Co-Chair	____________________________ CHRIS LEE Co-Chair
____________________________ GREGGOR ILAGAN Co-Chair	____________________________ KARL RHOADS Co-Chair