STAND. COM. REP. NO. 78
RE: H.B. No. 486
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-First State Legislature
Regular Session of 2021
State of Hawaii
Your Committee on Transportation, to which was referred H.B. No. 486 entitled:
"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"
begs leave to report as follows:
(1) Specify that a government agency does not assume ownership or jurisdiction over a disputed road solely through maintenance or repair activities; and
(2) Authorize the State to transfer ownership of roads in favor of counties by quitclaim if requested by the county.
Your Committee finds that many roads in the State are dilapidated and currently remain unfixed due to unclear jurisdictional authority or ownership of those roads between the State and counties. This is causing a great deal of harm to residents as they are forced to drive over unmaintained roads, ultimately damaging their vehicles. This measure would allow a government agency to maintain or repair a road, without requiring that agency to claim jurisdiction or ownership of that road, thereby creating a better environment for residents to drive in.
Your Committee notes the testimony of the Department of Land and Natural Resources, which states that the current language in this measure may be too vague and subject to differing interpretations.
Accordingly, your Committee has amended this measure by:
(1) Clarifying that any action taken by a government agency to maintain or repair a public street, road, or highway shall not be used to establish the agency's ownership of, or jurisdiction over, the public street, road, or highway; and
(2) Inserting an effective date of July 1, 2050, to encourage further discussion.
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 H.B. No. 486, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 486, H.D. 1, and be referred to your Committee on Water & Land.
Respectfully submitted on behalf of the members of the Committee on Transportation,
HENRY J.C. AQUINO, Chair