Bill Text: HI HB1055 | 2021 | Regular Session | Amended

Hawaii House Bill 1055 (Prior Session Legislation)

Bill Title: Relating To Highways.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-02-19 - Report adopted. referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Har, Kong, Matayoshi excused (3). [HB1055 Detail]

Download: Hawaii-2021-HB1055-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1055
THIRTY-FIRST LEGISLATURE, 2021		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HIGHWAYS.

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

SECTION 1. The purpose of this Act is to authorize the director of transportation to acquire real property for roads and streets, without review or approval by the board of land and natural resources.

SECTION 2. Chapter 264, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§264- Powers of director of transportation. (a) The director of transportation shall have any powers that may be necessary for the full and effective performance and discharge of the duties imposed upon the director by this chapter or which may be necessary fully and completely to carry out and effectuate the purposes of this chapter.

(b) Notwithstanding any other law to the contrary, the director of transportation may, on behalf of the State:

(1) Directly acquire real property to be used for roads and streets, without review or approval by the board of land and natural resources, and, upon acquisition, jurisdiction over the real property shall be within the department of transportation without further action by the board of land and natural resources; and

(2) With the approval of the governor, accept donations of land, money, or other property for deposit in the state highway fund or for any purpose of this chapter, upon terms and conditions as are acceptable to the director of transportation, and not inconsistent with the proper discharge of the director of transportation's duties and functions or prejudicial to the obtaining of the federal-aid funds payable to the State without the donations."

SECTION 3. Section 171-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The board of land and natural resources shall have the exclusive responsibility, except as provided herein, of acquiring, including by way of dedications:

(1) All real property or any interest therein and the improvements thereon, if any, required by the State for public purposes, including real property together with improvements, if any, in excess of that needed for [~~such~~] public use in cases where small remnants would otherwise be left or where other justifiable cause necessitates the acquisition to protect and preserve the contemplated improvements, or public policy demands the acquisition in connection with [~~such~~] the improvements[.]; provided that the board of land and natural resources shall not be responsible for acquisitions by the department of transportation as provided in section 264- (b)(1); and

(2) Encumbrances, in the form of leases, licenses, or otherwise on public lands, needed by any state department or agency for public purposes [~~or for~~], the disposition for houselots, or [~~for~~] economic development.

The board shall upon the request of and with the funds from the state department or agency effectuate all acquisitions as provided under this section.

The acceptance by the territorial legislature or the legislature of a dedication of land in the Kakaako community development district by a private owner is sufficient to convey title to the State."

SECTION 4. Section 264-24, Hawaii Revised Statutes, is repealed.

["~~§264-24 Powers of director.~~ The director of transportation shall have any powers which may be necessary for the full and effective performance and discharge of the duties imposed upon the director by this part or which may be necessary fully and completely to carry out and effectuate the purposes of this part.

The director may, on behalf of the State, with the approval of the governor, accept donations of land, money, or other property for deposit in the state highway fund or for any purpose of this part, upon such terms and conditions as are acceptable to the director, and not inconsistent with the proper discharge of the director�s duties and functions or prejudicial to the obtaining of the federal-aid funds payable to the State without such donations."]

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2050.

Report Title:

Transportation; Highways; Board of Land and Natural Resources

Description:

Provides the director of transportation with authority to acquire real property on behalf of the State for roads and streets without review or approval by the board of land and natural resources and specifies that, upon acquisition, jurisdiction over the real property is immediately transferred to the department of transportation. Effective 7/1/2050. (HD2)

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