Bill Text: HI HB1353 | 2012 | Regular Session | Introduced
Bill Title: Highways; Indemnification; Non-Liability for State and Counties
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB1353 Detail]
Download: Hawaii-2012-HB1353-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1353 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to highways.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. When residential developments are built and people move into their neighborhoods, it takes far too long before the crosswalks, traffic signal lights, and other improvements pertaining to and contiguous with highways and roads are finally installed. What delays installation of these required improvements is the long wait for the issuance of a report on how the improvements might affect traffic. This is true even when the safety aspects of these improvements have already been addressed, it was the State or county who first requested the improvements, and the improvements are in accordance with the specifications already first approved by the requesting state or county agency.
Presently, no private developer who constructs highway improvements qualifies for indemnification unless:
(1) The request for these improvements is made by a state or county agency;
(2) Those improvements strictly conform to specifications approved by the state or county agency; and
(3) A report on the impact of these improvements on traffic is made and then accepted or approved by the state or county agency.
Consideration must also be given regarding state and county liability for delaying these improvements.
Since the safety considerations are mainly met by the first two requirements, what this Act does is lessen the delaying effect of the third requirement (a report on how the improvements affect traffic). If highway improvements and the resulting safer road environments are not delayed, this also results in more construction jobs and roadway infrastructure to further Hawaii's economic activity. Even if this report on traffic impact might peripherally touch upon safety, in the overall balance of things the public has more to gain by not allowing this report's completion to impose such delay. It should also be noted that this traffic impact report is not eliminated from being done; the report is just no longer allowed to delay these benefits to the public. Thus, the purpose of this Act is to prevent the third requirement from delaying such improvements.
SECTION 2. Chapter 264, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§264- Highway improvements; indemnity of private developer and nonliability of state and county for provision prior to warrant. (a) A private developer that constructs any improvements to any state or county highway:
(1) At the request of a state or county agency;
(2) In accordance with specifications approved by the state or county agency; and
(3) Prior to the improvements being warranted pursuant to a traffic impact analysis report, approved or accepted by the state or county agency,
shall be indemnified by the State, if the agency requesting the improvements is a state agency, or by the appropriate county, if the agency requesting the improvements is a county agency, from any liability to any person for any injury, including wrongful death, arising from, out of, or resulting from, directly or indirectly, the provision of the highway improvements prior to their being warranted.
(b) If the State or any county accepts and opens to public use any improvements on any state or county highway and the improvements were not determined to be warranted by a traffic impact analysis report that was accepted by the State or appropriate county, then neither the State nor the appropriate county shall be deemed to have extended any assurances that the unwarranted improvements are safe for any purpose and shall not be held liable to any person for any injury, including wrongful death, or damage to person or property, arising from, out of, or resulting from, directly or indirectly, the unwarranted improvements to the state or county highway."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Highways; Indemnification; Non-Liability for State and Counties
Description:
Indemnifies any private developer and holds State and counties not liable for injuries due to any highway improvements accepted by the State or county and made available for public use prior to the improvements being warranted by a traffic impact analysis report.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
