If passed, HB 860 would amend Chapter 663 of the Hawaii Revised Statutes to allow for the repair or maintenance of streets where jurisdiction is in dispute. The bill specifically stipulates that such actions do not confer ownership or jurisdiction over the roads being repaired. This legal framework is intended to clarify liability, stating that the State or county that undertakes repair or maintenance would only be held accountable for acts or omissions that directly arise from their maintenance efforts. The effective date set for the bill is July 1, 3000, with a sunset clause that repeals the Act on July 1, 2030.
House Bill 860 aims to address the issue of 'roads in limbo' in Hawaii, which are roads for which ownership or jurisdiction is disputed between the State and the counties. The bill is prompted by the severe disrepair and lack of maintenance of these roads, which totals approximately 408.9 miles on the island of Hawaii. By allowing the State and counties to engage in maintenance or repairs of these disputed roads, the bill seeks to ensure road safety while mitigating liability concerns that have historically deterred government agencies from addressing these issues.
There appears to be a supportive sentiment for HB 860 from legislators who recognize the urgent need for road maintenance and safety. The bill is seen as a proactive measure to reduce the confusion surrounding jurisdiction over roads while ensuring accountability in maintenance. However, the need for careful consideration is highlighted, as opponents may raise concerns about potential liabilities in situations not adequately covered by the new provisions.
Notable points of contention may arise around the scope of the jurisdictional disputes and the implications of liability limitations for government bodies. Critics of similar policies often argue that such legislation could inadvertently allow for negligence in maintaining safer road conditions, as the clarification of liability might lead to complacency among agencies responsible for infrastructure upkeep. The bill's impact on local governance and community standards on road maintenance may also be points of debate among various stakeholders.