STAND.
COM. REP. NO. 1917-22
Honolulu, Hawaii
, 2022
RE: S.B. No. 2008
S.D. 1
H.D. 2
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-First State Legislature
Regular Session of 2022
State of Hawaii
Sir:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 2008, S.D. 1, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO HIGHWAYS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Clarify that the State and counties shall not be held jointly and severally liable for acts or omissions of the State or county that occurred before the condemnation of a highway or trail; and
(2) Allow the State and counties to utilize flexibility in highway design for any condemned highway or trail.
Your Committee finds that relieving the State and counties of liability for condemned highways and trails significantly reduces the risk when condemning private highways and trails that may not have been well maintained. Your Committee also finds that providing the State and counties with flexibility in the design of condemned private highways and trails will further facilitate the condemnation, maintenance, and improvement of private highways and trails that are in disrepair.
Your Committee has amended this measure by:
(1) Amending the liability provision to provide that the State and counties may only be held jointly and severally liable for acts or omissions that occurred after the condemnation of a highway or trail;
(2) Deleting language that allowed the State and counties to utilize flexibility in highway design for any condemned trail; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2008, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2008, S.D. 1, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ MARK M. NAKASHIMA, Chair |
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