STAND. COM. REP. NO.2403

Honolulu, Hawaii

, 2002

RE: S.B. No. 2312

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Transportation, Military Affairs and Government Operations and Judiciary, to which was referred S.B. No. 2312 entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAYS,"

beg leave to report as follows:

The purpose of this measure is to allow the Department of Transportation (DOT) to move or remove personal property that is on or within a state highway, without prior notice or consent of the owner, under certain conditions.

Testimony in support of this measure was received from the DOT and Honolulu Police Department. Testimony in opposition in part was submitted by the Consumer Lawyers of Hawaii.

Under this measure, property can only be removed if it blocks the state highway, interferes with traffic, or endangers the public health and safety. Reasonable amounts may be expended out of the state highway fund for this purpose.

Your Committees view this measure as a traffic safety precaution that would serve to clear the state highways of debris that may pose a hazard to traffic.

This measure also gives protection from liability to the State and the DOT for claims of damage to personal property, except for gross negligence or wilful or wanton acts or omissions. This measure, however, is not intended to give protection from liability to the State or the DOT for any claims for personal injury.

As affirmed by the records of votes of the members of your Committees on Transportation, Military Affairs and Government Operations and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2312 and recommend that it pass Second Reading and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Transportation, Military Affairs and Government Operations and Judiciary,

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BRIAN KANNO, Chair

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CAL KAWAMOTO, Chair