State Highways; Transfer to Counties; Task Force
Transfers all state highways functions and funding to the counties over a five-year period. Gives each county jurisdiction over all state highways in that county.
TWENTY-SECOND LEGISLATURE, 2003
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO tHE Transfer of jurisdiction over HIGHWAYS to the counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to provide for the transfer of all state highway functions to the counties, make each county responsible for highways that are located in that county, and to transfer funding for state highways to the counties. It is the intent of the legislature that jurisdiction over highways on Oahu and in the county of Maui shall be transferred as soon as possible, while highways in other counties shall be transferred over a five-year phase-in period.
SECTION 2. County highways task force. (a) There is established a task force within the state department of transportation for administrative purposes to provide for the orderly transfer of functions and funds with respect to state highways to the counties. The governor shall convene the task force within thirty days after the effective date of this section.
(b) The task force shall be composed of:
(1) One member of the United States Congress from Hawaii or a designee;
(2) The state director of transportation, or a designee, who shall serve as the chairperson of the task force;
(3) The four county directors having jurisdiction over transportation services, or their designees;
(4) One person appointed by the governor;
(5) The chairpersons of the house of representatives standing committees having jurisdiction over transportation and intergovernmental affairs, or their designees appointed by the speaker of the house of representatives; and
(6) The chairpersons of the senate standing committees having jurisdiction over transportation and intergovernmental affairs, or their designees appointed by the president of the senate.
(c) In carrying out its duties under this section, the task force may request staff assistance from the state department of transportation and other appropriate state and county executive agencies.
(d) The members of the task force shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.
(e) The task force shallhave the following functions and duties:
(1) Oversee the process of transferring functions and funding relating to the state highways to the counties;
(2) Establish a timetable for the transfer of functions, which shall include provisions for transferring jurisdiction over highways on Oahu and in the county of Maui as soon as possible, and transferring jurisdiction over highways in other counties over a five-year phase-in period;
(3) Monitor compliance with the timetable;
(4) Ensure that appropriations for specific highway projects are transferred to the counties;
(5) Provide for the transfer of all contracts relating to state highways to the counties;
(6) Ensure that all federal and state funds are fully allocated in the course of the transfer;
(7) Ensure that all unexpended and unencumbered balances appropriated out of the state highway fund, or out of the proceeds of general obligation bonds and issued for highway-related capital improvement projects, are transferred to each of the counties and do not lapse;
(8) Review all relevant county ordinances and state statutes, including the following provisions of the Hawaii Revised Statutes, for possible amendment: sections 27-31, 28-9, 36-28, 36-31(b), 39-94, 171-52(d), 205A-26(3)(D), 248-8, 248-9, 248-10, 248-12, 249-31, 249-33(b), 251-5, 279A-2(1), 279A-7(1), 279E-1, 286-5, 286-6, 286-111(b), 286-209(c), 286-216, 291-35, 291-37(a), 291C-104(c), 291C-149(b), 291C-163(b), and all of chapter 264, consisting of sections 264-1 to 264-102; and
(9) Resolve all other issues relating to the transfer of functions and funding to the counties to ensure the timely and efficient transfer of responsibility of the state highway system.
(f) The state director of transportation shall submit a report of the activities of the task force, including recommendations and proposed legislation, to the legislature no later than twenty days prior to the convening of the 2004 regular session. The legislative reference bureau shall assist the task force in drafting legislation to implement the task force's recommendations. The task force shall be dissolved on June 30, 2004.
SECTION 3. Transfer of functions, officers, and employees. Concurrent with the transfer of jurisdiction over highways to a county, all rights, powers, functions, and duties of the state department of transportation with respect to the transferred state highways shall be transferred to the county departments having jurisdiction over transportation services.
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 4. Transfer of records and appropriations. Concurrent with the transfer of jurisdiction over highways to a county, all appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the state department of transportation relating to the functions transferred to the county departments having jurisdiction over transportation services shall be transferred with the functions to which they relate.
SECTION 5. Federal funds. (a) Concurrent with the transfer of jurisdiction over highways to a county, the state director of transportation shall transfer to the county all federal aid to the State that is to be used for highway maintenance, operation, repair, construction, or other uses, and shall apportion the federal moneys among the counties in a fair and equitable manner, taking into consideration the population of each county, the levels of existing and needed highway infrastructure, and related factors. The state department of transportation shall do all things necessary to ensure that federal aid to the State is transferred to the counties and maximized for the use of county highways, and that no federal funds are lost or jeopardized for this use.
(b) 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 thereof 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.
SECTION 6. This Act shall take effect on July 1, 2003; provided that section 2 of this Act shall take effect upon its approval.