CONFERENCE COMMITTEE REP. NO. 209

Honolulu, Hawaii

, 2025

RE: H.B. No. 860

H.D. 1

S.D. 2

C.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madam and Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 860, H.D. 1, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO LIABILITY,"

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) Specify that the State or a county may repair or maintain any street of which the ownership or jurisdiction is in dispute;

(2) Specify that the State or county that repaired or maintained such street may only be held liable for acts or omissions arising out of the repair or maintenance of that street;

(3) Deem that repair or maintenance of a street shall not confer ownership or jurisdiction over such street; and

(4) Sunset on July 1, 2030.

Your Committee on Conference has amended this measure by:

(1) Authorizing agencies performing work to post notice, signage, or other public communication clarifying that the repair does not establish permanent jurisdiction or ownership;

(2) Specifying that this measure only applies in a county with a population of more than two hundred thousand but less than five hundred thousand;

(3) Changing the effective date to upon approval; and

(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

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 H.B. No. 860, H.D. 1, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 860, H.D. 1, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ CHRIS LEE Chair	____________________________ DARIUS KILA Co-Chair
____________________________ GLENN WAKAI Co-Chair	____________________________ DAVID A. TARNAS Co-Chair
____________________________ KARL RHOADS Co-Chair	____________________________ TINA NAKADA GRANDINETTI Co-Chair
____________________________ DRU KANUHA Co-Chair