Bill Text: HI SCR166 | 2011 | Regular Session | Introduced

---

Bill Title: Disputed Roads Task Force

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-03-21 - (S) Referred to TIA/PGM. [SCR166 Detail]

Download: Hawaii-2011-SCR166-Introduced.html

---

THE SENATE	S.C.R. NO.	166
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

requesting the Department of Transportation to create a task force to study and recommend proposed legislation requiring the counties to take responsibility for certain disputed roads that are not being maintained.

 

 

 

     WHEREAS, it is often difficult for tenants, landlords, and other interested parties to ascertain information about ownership of certain rights-of-way, which is important for issues relating to maintenance, improvement, and liability; and

 

     WHEREAS, many government and homestead roads were created during the Territory of Hawaii, and after statehood, the State of Hawaii awarded jurisdiction of some government and homestead roads to the counties; and

 

     WHEREAS, since that time, many roads have taken on uncertain status and jurisdiction because they were laid out by government, but are not part of the state highway system and are not currently maintained by county government; and

 

     WHEREAS, these roads of uncertain status and jurisdiction were never improved or upgraded to acceptable standards before being transferred to the counties, and no funding was provided for their maintenance after transfer; and

 

     WHEREAS, for years, these roads have been an issue between the State and the counties over who should maintain the roads, pay for the costs of their maintenance and improvement, and assume liability for injuries and damages incurred on them; and

 

     WHEREAS, according to a 1989 Legislative Reference Bureau report entitled Roads in Limbo:  Analysis of the State-County Jurisdictional Dispute:  "The State and Counties have been at an impasse over this conflict, and neither side is willing to take jurisdiction over these roads with their concomitant expense for maintenance, upgrading and repair"; and

 

     WHEREAS, residents who need to use these roads suffer when roadway jurisdiction is in dispute because these roads are less likely to be cared for than roads over which there is no jurisdictional dispute; and

 

     WHEREAS, although the State transferred these roads to the counties, the counties, in turn, claim the transfer amounted to an unfunded state mandate because the State has never provided the counties with funds with which to maintain roads that the counties did not create; and

 

     WHEREAS, according to the Legislative Reference Bureau's report, the standoff on maintenance of roads in limbo has "the practical effect of leaving a significant number of roads in all four counties in substandard conditions and without routine maintenance because no government body will accept responsibility for them"; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, the House of Representatives concurring, that the Department of Transportation is requested to create a task force to explore the feasibility of transferring to the counties responsibility for roads that are not currently being maintained and the means by which the counties may meet that responsibility, including estimated costs and possible funding sources; and

 

BE IT FURTHER RESOLVED that the Department of Transportation is requested to compose the task force of the following members:

 

     (1)  The Director of Transportation, who is requested to serve as Chairperson;

 

     (2)  The Director of the Office of Planning, or the Director's designee;

 

     (3)  The mayor of each of the counties, or the mayors' designees;

 

     (4)  The Director of Transportation Services of the City and County of Honolulu, or the Director's designee;

 

     (5)  The Chief Engineer of the Department of Public Works of the County of Hawaii;

 

     (6)  The County Engineer of the Department of Public Works of the County of Kauai; and

 

     (7)  The County Engineer of the Department of Public Works of the County of Maui; and

 

     BE IT FURTHER RESOLVED that the Department of Transportation is requested to submit to the Legislature, no later than twenty days prior to the convening of the Regular Session of 2012, a report of the findings and recommendations of the task force, including any proposed legislation; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Transportation; the Director of the Office of Planning; the Mayor of each of the counties; the Chairperson of each County Council; the Director of Transportation Services of the City and County of Honolulu; the Chief Engineer of the Department of Public Works of the County of Hawaii; the County Engineer of the Department of Public Works of the County of Kauai; and the County Engineer of the Department of Public Works of the County of Maui.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Disputed Roads Task Force