STAND. COM. REP. NO. 577

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1357

       S.D. 2

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Ways and Means, to which was referred S.B. No. 1357, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

 

begs leave to report as follows:

 

     The purpose of this measure is to provide protection from liability for government agencies maintaining or repairing a road whose ownership or jurisdiction is subject to dispute between the State and a county.

 

Specifically, the measure:

 

     (1)  Provides government agencies that maintain or repair a disputed road with immunity from liability for injury or damage sustained from use of the road;

 

     (2)  Provides that government agencies are not to be deemed to have assumed ownership or jurisdiction over disputed roads by virtue of the maintenance or repair activities; and

 

     (3)  Provides counties that accept, by resolution, the dedication of a disputed road with immunity from liability for injury or damage sustained from use of the road for a period of ten years following the county's acceptance of the road.

 

     Your Committee finds that this measure will protect state and county agencies from liability for their maintenance or repair of disputed roads, while allowing the agencies to work on resolving ownership issues over the roads.

 

     Your Committee has amended this measure by:

 

     (1)  Changing the reference to "government agency" in the new section established in chapter 662, Hawaii Revised Statutes, relating to state tort liability, to "state agency," which is defined in section 662-1, Hawaii Revised Statutes;

 

     (2)  Moving the provision regarding the liability of counties for dedicated roads from the new section relating to state tort liability to section 46‑15.9, Hawaii Revised Statutes, relating to county activities on disputed roads;

 

     (3)  Changing the effective date to July 1, 2050, to encourage further discussion on this measure; and

 

     (4)  Making technical nonsubstantive amendments for clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1357, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1357, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

 

 

____________________________

DAVID Y. IGE, Chair