Report Title:

State Highways; Transfer to Counties

Description:

Transfers state highway jurisdiction to the respective counties in which the highway is located.

THE SENATE

S.B. NO.

2027

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HIGHWAYS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 264, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§264-   Transfer of all state highways to jurisdiction of the counties. (a) Beginning July 1, 2004, all state highways, including all roads, alleys, streets, ways, lanes, bikeways, and bridges in the State, that were under the jurisdiction of the department of transportation, shall be transferred to the jurisdiction of the respective county in which the state highway is located, including but not limited to any project under the Federal Highway Act.

(b) Subsection (a) shall take effect as a matter of law notwithstanding any law to the contrary and without the necessity of a dedication, surrender, or deed of conveyance naming the county as grantee; provided that the appropriate deed of conveyance shall be executed within one year of July 1, 2004.

(c) Beginning July 1, 2004, for purposes of this chapter:

"State highway" means "county highway".

"Director of transportation" means the head of the respective county transportation agency or department."

SECTION 2. Section 265A-1, Hawaii Revised Statutes, is amended to read as follows:

"§265A-1 County authority. (a) The several councils or other governing bodies of the several political subdivisions of the State shall have the general supervision, charge, and control of, and the duty to maintain and repair, all county highways, bikeways, and sidewalks and shall have the power to determine the terms under which irrigation or drainage ditches, flumes, railroads, including plantation railroads and similar structures, telephone, electric light and power lines and pipes and other conduits may be maintained upon, under, over, and across the same, and the councils or other governing bodies may make all regulations needful for the public convenience and safety in all cases where permission has been or may be granted to maintain the ditches, railroads, pipes, or other structures across, under, over, and upon all county highways. Any other law to the contrary notwithstanding, the several counties by ordinance may take over, or receive by dedication or otherwise, any private street or way or may improve, grade, repair, or do any construction work upon private streets, ways, pavement, water lines, street lighting systems, or sewer repairs.

(b) Beginning July 1, 2004, subsection (a) shall apply to all state highways transferred to the jurisdiction of the counties in accordance with section 264-    ."

SECTION 3. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of transportation relating to the functions transferred to the transportation department or agency of the respective counties shall be transferred with the functions to which they relate.

SECTION 4. All contracts of the department of transportation in effect as of July 1, 2004, shall not be impaired or rescinded but the party to the contract shall be substituted as a matter of law with the transportation department or agency of the respective counties.

SECTION 5. It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereto to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any such modification with reasons therefor to the legislature at its next session thereafter for review by the legislature.

If any part of this Act is found to be in conflict with federal requirements that are a prescribed condition for the receipt of and allocation of federal funds to the State, the conflicting part of this Act is inoperable solely to the extent of the conflict and with respect to the agencies directly affected.

SECTION 6. All general obligation bonds issued by the State for projects under chapter 264, Hawaii Revised Statutes, shall be become an obligation of the respective county in which a transfer of jurisdiction is made under this Act.

SECTION 7. All appropriations for state highway construction or improvement in effect as of July 1, 2004, shall be transferred for expenditure by the transportation department or agency of the respective county in which a transfer of jurisdiction is made under this Act. This section shall be deemed a grant-in-aid to the county.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, for the purposes of this Act, in accordance with Article VIII, section 5, of the Constitution of the State of Hawaii, as follows:

City and county of Honolulu $

County of Maui $

County of Hawaii $

County of Kauai $

SECTION 9. The sums appropriated shall be expended by the department of transportation for the purposes of this Act.

SECTION 10. This Act shall take effect on July 1, 2004.

INTRODUCED BY:

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