STAND. COM. REP. NO. 1173

Honolulu, Hawaii

, 2005

RE: S.B. No. 1591

S.D. 2

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred S.B. No. 1591, S.D. 2, entitled:

"A BILL FOR AN ACT MAKING AN APPROPRIATION FOR THE "ROADS IN LIMBO" PROGRAM IN HAWAII COUNTY,"

begs leave to report as follows:

The purpose of this bill is to assist the County of Hawaii (County) with the repair and maintenance of roads over which ownership or jurisdictional disputes have existed between the County and the State. These roads are also known as "Roads in Limbo."

The Mayor of the County of Hawaii and a member of the Hawaii County Council testified in support of this bill. The Department of Transportation (DOT) opposed this measure.

Many roads throughout the state were created or acquired by the Territorial Government of Hawaii. When county governments were created in 1905, controversy and jurisdictional questions arose regarding highways, roads, and streets. After statehood, jurisdiction of many of these roads remained in dispute where they remain to this day. As documented in the Legislative Reference Bureau's 1989 study, "Roads in Limbo: an Analysis of the State-County Jurisdictional Dispute", jurisdictional disputes over road ownership and the concomitant lack of adequate repairs and maintenance have plagued relations between the Territory, State, and counties for many years. This is especially true on the island of Hawaii where many of these "Roads in Limbo" exist.

Although Act 288, Session Laws of Hawaii 1993, formally resolved the jurisdictional issues between the State and the four counties by declaring that DOT was responsible for the State Highway System and that all other roads fell under the jurisdiction of the county governments, Hawaii County is seeking monetary assistance for maintenance and repair of roads, established for the most part by the Territory of Hawaii, that were "mandated" to their care by the Legislature without funding for this purpose.

Your Committee finds that in Hawaii County, approximately 250 miles of roadway exist that are considered "Roads in Limbo" which individuals continue to use as commuter routes and which are in serious need of repairs. Even though the County has stated that they are willing to take on the responsibility of maintaining these roadways, a lack of available resources only allows them to only conduct emergency maintenance to permit individuals living on these roads the ability to commute.

While your Committee understands the needs of the County, your Committee also understands the concerns raised by DOT regarding the funding mechanism this measure provides since monies in the State Highway Fund are reserved for the repair and maintenance of the State Highway System. Nevertheless, your Committee believes that the State should look at ways of funding the "Roads in Limbo" program for the County and that this matter deserves further consideration.

Your Committee has amended this measure by changing the effective date to July 1, 2050, to encourage further discussion. Technical, nonsubstantive amendments were also made for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1591, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1591, S.D. 2, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Transportation,

 

____________________________

JOSEPH M. SOUKI, Chair