If enacted, SB2367 would introduce a significant change in how liability is handled in relation to road maintenance. The amendment proposed in Chapter 663 of the Hawaii Revised Statutes stipulates that when a road's ownership or jurisdiction is contested, the act of maintenance by either the State or county will not open them up to liability for injuries or damages that may occur. This is set to foster a proactive approach towards maintaining these roads without the fear of legal repercussions. Pending improvements can lead to enhanced public safety and possibly more effective management of state infrastructure.
Summary
Senate Bill 2367 aims to address the issue of roads within Hawaii that are caught in disputes regarding ownership or jurisdiction, often described as 'roads in limbo.' Such roads typically suffer from inadequate repair and maintenance due to hesitance from government agencies to take action driven by potential liability concerns. The core purpose of this bill is to provide the State and counties immunity from liability for personal injuries or property damage arising from the repair or maintenance of these disputed roads. This aims to encourage maintenance efforts and ultimately improve safety and accessibility on these roads.
Contention
However, the bill has raised concerns among various stakeholders. Critics argue that immunity might lead to a lack of accountability for governmental agencies regarding road safety. It raises questions about the adequacy of maintenance and whether citizens might bear the burden of inadequate repairs. Further, opponents could be concerned that the legislation may affect the quality of infrastructures, as responsibility does not equate to ownership, potentially leading to neglect of roads that are crucial within community networks.