HOUSE OF REPRESENTATIVES
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII
A BILL FOR AN ACT
relating to transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to create a county highways task force to:
(1) Provide for the transfer of all state highway functions to the county in which the highway is located, provided that the county has a population greater than five hundred thousand;
(2) Make the impacted county responsible for highways that are located in that county;
(3) Transfer funding for state highways to the impacted county; and
(4) Determine if additional funding mechanisms are necessary for the impacted county to properly construct, operate, and maintain transferred state highways and roadways under that county's jurisdiction.
SECTION 2. (a) There is established a task force to provide for the orderly transfer of functions of and funds for state highways to the county in which the highway is located, provided that the county has a population greater than five hundred thousand. The task force shall be attached to the department of transportation for administrative purposes. The governor shall convene the task force within thirty days after the effective date of this Act.
(b) The task force shall be composed of:
(1) The director of transportation, who shall serve as chair of the task force;
(2) The director of taxation, or the director's designee;
(3) The director of finance, or the director's designee;
(4) The county director with jurisdiction over transportation services of any impacted county, or the director's designee;
(5) The county director of budget and fiscal services of any impacted county, or the director's designee;
(6) A representative to be appointed by the governor from a list of three nominees submitted by the president of the senate;
(7) A representative appointed by the governor from a list of three nominees submitted by the speaker of the house of representatives; and
(8) A representative of the transportation industry who shall be appointed by the governor from a list of three nominees submitted by the mayor of any impacted county;
provided that a representative from the United States Department of Transportation with knowledge of the federal-aid highway program shall also be invited to be a member of the task force.
(c) In carrying out its duties under this section, the task force may request staff assistance from the state department of transportation and any other appropriate state or county executive agency.
(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 shall have the following functions and duties:
(1) Oversee the process of transferring the functions and funding relating to state highways to each county with a population greater than five hundred thousand;
(2) Establish a timetable for the transfer of functions, which shall include provisions for transferring jurisdiction over highways in an impacted county, over a five-year phase-in period;
(3) Monitor compliance with the established timetable;
(4) Ensure that appropriations for specific highway projects are transferred to an impacted county;
(5) Provide for the transfer of all relevant contracts relating to state highways to an impacted county;
(6) Ensure that all federal and state funds are fully appropriately 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 appropriately transferred to an impacted county and do not lapse;
(8) Review all relevant county ordinances and state statutes, including the following sections of the Hawaii Revised Statutes, for possible amendment:
(A) 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); 286-5; 286-6; 286-111(b); 286-209(c); 286-216; 291-35; 291-37(a); and
(B) Sections 264-1 to 264-127; sections 279D-1 to 279D-11; and sections 291C-1 to 291C-227;
(9) Establish a formula to determine the appropriate funding necessary for an impacted county to properly construct, operate, and maintain state highways transferred to the county's jurisdiction by this Act, as well as roadways currently under the jurisdiction of the county, and determine whether current highway revenue sources are adequate for this purpose;
(10) Determine the necessity of granting authority to an impacted county to establish additional highway revenue sources for the proper construction, maintenance, or operation of highways under the county's jurisdiction, including state highways transferred to the county by this Act, and develop any necessary legislation to provide the county with this additional authority;
(11) Resolve all other issues relating to the transfer of functions and funding to an impacted county to ensure the timely and efficient transfer of responsibility of the state highway system; and
(12) Any other issue deemed necessary by the task force to effectively and efficiently transfer all state highway system functions and funding to an impacted county.
(f) The director of transportation shall submit a report to the legislature of the activities, findings, and recommendations of the task force, including any proposed legislation. The director of transportation shall submit the report to the legislature no later than twenty days prior to the convening of the regular session of 2020. The legislative reference bureau shall assist the task force in drafting any proposed legislation necessary to implement the recommendations of the task force.
(g) No member of the task force shall be made subject to sections 84-13 and 84-17, Hawaii Revised Statutes, solely because of that member's participation as a member of the task force.
(h) For the purposes of this section, "county" means a county in the State with a population greater than five hundred thousand.
(i) The task force shall be dissolved on June 30, 2025.
SECTION 3. The highways division, or similar administrative division, of the department of transportation with jurisdiction over state highways in a county with a population greater than five hundred thousand, shall assist the county with receiving, transferring, or expending federal funds.
SECTION 4. Concurrent with the transfer of jurisdiction over highways to a county with a population greater than five hundred thousand, all rights, powers, functions, and duties of the department of transportation with respect to the transferred state highways shall be transferred to the county department 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 the 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 further 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 the 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 5. Concurrent with the transfer of jurisdiction over highways to a county with a population greater than five hundred thousand, 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 department having jurisdiction over transportation services shall be transferred with the functions to which they relate.
SECTION 6. (a) Concurrent with the transfer of jurisdiction over highways to a county with a population greater than five hundred thousand, the 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 for highways in the county. The department of transportation shall do all things necessary to ensure that federal aid to the State is transferred to the county and maximized for the use of county highways, and that no federal funds are lost or jeopardized.
(b) It is the intent of this Act to not jeopardize the receipt of any federal aid nor impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or agency, and the governor may modify the strict provisions of this Act but only to the extent necessary to effectuate this intent, and shall promptly report any modification, including any reasons for the modification, to the legislature prior to the convening of its next regular session.
SECTION 7. This Act shall take effect on July 1, 2019.
City and County of Honolulu Mayor's Package; Department of Transportation; State Highways; Jurisdiction Transfer; Counties
Establishes a task force to provide for the orderly transfer of jurisdiction over state highways to the county in which the highway is located, provided that the county has a population greater than five hundred thousand.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.