Bill Text: HI SB2332 | 2020 | Regular Session | Introduced

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Bill Title: Relating To Highways.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-02-07 - The committee on PSM deferred the measure. [SB2332 Detail]

Download: Hawaii-2020-SB2332-Introduced.html

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THE SENATE	S.B. NO.	2332
THIRTIETH LEGISLATURE, 2020
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 legislature finds that there is a considerable and uncatalogued number of public highways in the State whose ownership, as between the State and the counties, is in dispute.  Many disputed roads are not maintained on a regular basis, and a great expense will be involved in upgrading, repairing, and maintaining them, as well as performing full metes and bounds surveys of them.

     The legislature further finds that between 1892 and 1947, all public roads were owned by the Kingdom of Hawaii (later, the Territory of Hawaii) and were labeled "public highways."  By 1913, the counties were maintaining all of these public highways.  In 1941, the obligation to maintain the Hawaiian home lands roads was given to the counties through the State Constitution.  In 1947, the category of "public highways" was divided into two:  one was territorial or federal-aid highways, which were all the highways under the jurisdiction of the territorial highway engineer or the superintendent of public works (later, the department of transportation); and the other was county highways.  And the counties' duty to maintain all public highways was reduced to maintaining only the county highways and the department of Hawaiian home lands roads.  However, although certain roads were now denominated county roads, ownership of all public highways remained with the Territory (later, the State).

     The legislature further finds that in 1963, the legislature gave the counties ownership of all county roads obtained by eminent domain, purchase, dedication, or surrender.  In 1965, the legislature amended the 1963 statute to attempt to transfer to the counties ownership of all county roads.  In 1966, the legislature enacted an urgency measure allowing the governor to force ownership of a road on a county through an executive order.  However, the counties refused to cooperate with this series of statutes.

     The legislature further finds that as recently as September 2019, the proper jurisdiction over the Maunakea access road fell under question when a state senator argued that the department of Hawaiian home lands may not have properly transferred jurisdiction over the road to the department of transportation.

     The purpose of this Act is to establish the old government roads commission to assist in resolving disputes between the State and the counties relating to jurisdiction over old government roads by, among other things, drafting memoranda of agreement between the State and the counties to provide for the repair of old government roads, bring them up to county standards, and transfer their ownership to the counties.

     SECTION 2.  (a)  The old government roads commission is established within the department of transportation for administrative purposes.  The commission shall have the following duties:

     (1)  Identify and develop an inventory of all disputed government roads;

     (2)  Create a priority list of roads that require more immediate attention than other roads based upon the condition of the roads and the volume of traffic on the roads;

     (3)  Draft and execute memoranda of agreement between the State and each county that requires the State to transfer title of ownership of a disputed road to the county once the State repairs the road and brings it up to county standards;

     (4)  Establish a system for repairing disputed roads, which includes creating a new budget line item for the department of transportation to design, plan, and construct a particular road that the commission deems a priority under paragraph (2); and

     (5)  Explore the possibility of accessing federal funds to alleviate the costs of repairing roads of which ownership is disputed.

     (b)  The old government roads commission shall consist of the following persons or their designee:

     (1)  The director of transportation who shall serve as co-chairperson;

     (2)  The chairperson of the senate committee on ways and means;

     (3)  The chairperson of the house of representatives committee on finance;

     (4)  The chairperson of the senate committee on transportation;

     (5)  The chairperson of the house of representatives committee on transportation;

     (6)  The attorney general;

     (7)  The mayor of each county who shall serve as a co-chairperson for any item on a meeting agenda relating to a road situated in that mayor's county;

     (8)  The corporation counsel or county attorney of each county; and

     (9)  The director or county engineer of public works or design and construction of each county.

     (c)  No commission member designated in subsection (b)(7), (8), or (9) may vote on a matter that does not relate to a road located in the county represented by the member.

     (d)  A commission member designated in subsection (b)(7), (8), or (9) may be excused from attending any meeting or portion of a meeting for which the agenda does not relate to a road located in the county represented by the member.  For the purpose of calculating a quorum, the number of members excused from attending a meeting or portion thereof pursuant to this subsection shall be subtracted from the total committee membership.

     (e)  The director of transportation shall determine the location and frequency of old government roads commission meetings; provided that the commission shall meet no less than twice a year.

     (f)  Members of the old government roads commission shall serve without compensation but shall be reimbursed for reasonable expenses incurred, including travel expenses.  No member of the commission shall be made subject to chapter 84, Hawaii Revised Statutes, solely because of that member's participation as a member of the commission.

     (g)  The old government roads commission shall submit an annual report, including findings, recommendations, and any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session.

     (h)  The department of transportation shall provide administrative and clerical support required by the commission.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2020-2021 for the purposes of this Act.

     The sum appropriated shall be expended by the department of transportation for the purposes of this Act.

     SECTION 4.  This Act shall take effect on July 1, 2020, and shall be repealed on June 30, 2025.

 

INTRODUCED BY:	_____________________________

 

Report Title:

Highways; Jurisdiction; Commission; Appropriation

 

Description:

Establishes an old government roads commission to address the issue of jurisdiction between the State and the counties over disputed roads.  Appropriates funds.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.