HB 860: Roads in Limbo; Liability for Repair or Maintenance; Counties; Report
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2025-04-26
Current Status:
In Progress
(2025-06-06: Act 200, on 06/06/2025 (Gov. Msg. No. 1300).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Specifies for a county with a population of more than two hundred thousand but less than five hundred thousand, that the State or county may repair or maintain any street of which the ownership or jurisdiction is in dispute between the State and county. Specifies that the State or county that repaired or maintained the street may only be held liable for acts or omissions arising out of the repair or maintenance of that street that the State or county performed at any time. Deems that repair or maintenance of a street shall not confer ownership or jurisdiction over such street if the ownership or jurisdiction over the street is in dispute between the State and the county. Sunsets 7/1/2030. (CD1)
Specifies that the State or county may repair or maintain any street of which the ownership or jurisdiction is in dispute between the State and county. Specifies that the State or county that repaired or maintained the street may only be held liable for acts or omissions arising out of the repair or maintenance of that street that the State or county performed at any time. Deems that repair or maintenance of a street shall not confer ownership or jurisdiction over such street if the ownership or jurisdiction over the street is in dispute between the State and the county. Sunsets 7/1/2030. Effective 7/1/3000. (SD2)
Specifies that the State or county may undertake limited resurfacing of an existing road surface of any street of which the ownership or jurisdiction is in dispute between the State and county. Limits any additional liability for the State and counties for repairs and maintenance to the limited resurfacing repairs. Provides that for any incident that does occur, liability shall be proportional based on responsibility. Deems that maintenance of a street shall not confer ownership or jurisdiction over such street if the ownership or jurisdiction over the street is in dispute between the State and the county. Sunsets 7/1/2030. Effective 7/1/3000. (SD1)
Specifies that the State or a county that repairs or maintains a street of which the ownership or jurisdiction is in dispute between the State and county, shall be immune from liability for personal injuries or property damage arising out of the repair or maintenance of that street. Deems that maintenance of a street shall not confer ownership or jurisdiction over such street if the ownership or jurisdiction over the street is in dispute between the State and the county. Effective 7/1/3000. (HD1)
Specifies that the State or a county that repairs or maintains a street of which the ownership or jurisdiction is in dispute between the State and county, shall be immune from liability for personal injuries or property damage arising out of the repair or maintenance of that street. Deems that maintenance of a street shall not confer ownership or jurisdiction over such street if the ownership or jurisdiction over the street is in dispute between the State and the county.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
860 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that roads for which ownership or jurisdiction is in dispute between the State and a county, commonly referred to as "roads in limbo", often suffer from a lack of repair and maintenance. The legislature further finds that government agencies are often unwilling to maintain these roads due to liability concerns associated with its repair or maintenance.
The legislature further finds that on the island of Hawaii, there are 408.9 miles of roads in limbo located island wide. There are also 122.6 miles of roads in limbo that are recognized as government or homestead roads and 286.3 miles of paper roads, or rights of way that are shown on tax maps but have not yet been built. This situation highlights the urgent need for clear action to address dilapidated roads while ensuring the State or counties are not held liable for repairing or maintaining a road that may not be under their jurisdiction under certain circumstances.
Accordingly, the purpose of this Act is to:
(1) Authorize the State and counties to engage in repair or maintenance of streets in cases in which the ownership or jurisdiction of the streets is in dispute between the State and a county with a population of more than two hundred thousand but less than five hundred thousand;
(2) Specify that the State or county that repaired or maintained the street may only be held liable for acts or omissions arising from the repair or maintenance performed by the State or county on such street at any time; and
(3) Deem that repair or maintenance of a street shall not confer ownership or jurisdiction over such street if the ownership or jurisdiction over the street is in dispute between the State and the county.
SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§663- Liability of the State or county repair or maintenance of certain streets. (a) The State or county may repair or maintain any street of which the ownership or jurisdiction is in dispute between the State and county.
The State or county that repaired or maintained the street, as applicable, may only be held liable for acts or omissions arising out of the repair or maintenance of that street that the State or county performed at any time.
For the purposes of this subsection, "street" has the same meaning as defined in section 291C-1.
(b) Agencies performing work pursuant to this section may post notice, signage, or other public communication clarifying that the repair does not establish permanent jurisdiction or ownership.
(c) For the purposes of this section, repair or maintenance of a street shall not be deemed to confer ownership or jurisdiction over that street if the ownership or jurisdiction over the street is in dispute between the State and the county.
(d) This section shall apply only in a county with a population of more than two hundred thousand but less than five hundred thousand."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on upon its approval and shall be repealed on July 1, 2030.
Report Title:
Roads in Limbo; Liability for Repair or Maintenance; Counties; Report
Description:
Specifies for a county with a population of more than two hundred thousand but less than five hundred thousand, that the State or county may repair or maintain any street of which the ownership or jurisdiction is in dispute between the State and county. Specifies that the State or county that repaired or maintained the street may only be held liable for acts or omissions arising out of the repair or maintenance of that street that the State or county performed at any time. Deems that repair or maintenance of a street shall not confer ownership or jurisdiction over such street if the ownership or jurisdiction over the street is in dispute between the State and the county. Sunsets 7/1/2030. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
860 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that roads for which ownership or jurisdiction is in dispute between the State and a county, commonly referred to as "roads in limbo", often suffer from a lack of repair and maintenance. The legislature further finds that government agencies are unwilling to maintain these roads because of potential liability issues associated with repair and maintenance.
The legislature further finds that on the island of Hawaii, there are 408.9 miles of roads in limbo located island wide. There are also 122.6 miles of roads in limbo that are recognized as government or homestead roads and 286.3 miles of paper roads, or rights of way that are shown on tax maps but have not yet been built. This situation highlights the urgent need for clear action to address dilapidated roads while ensuring the State or counties are not held liable for repairing or maintaining a road that may not be under their jurisdiction under certain circumstances.
Accordingly, the purpose of this Act is to:
(1) Authorize the State and counties to engage in repair or maintenance of streets in cases in which the ownership or jurisdiction of the streets is in dispute between the State and a county; and
(2) Specify liability in the event of an incident resulting in personal injury or property damages.
SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§663- Liability of the State or county repair or maintenance of certain streets. (a) The State or county may repair or maintain any street of which the ownership or jurisdiction is in dispute between the State and county.
The State or county that repaired or maintained the street, as applicable, may only be held liable for acts or omissions arising out of the repair or maintenance of that street that the State or county performed at any time.
For the purposes of this subsection, "street" has the same meaning as defined in section 291C-1.
(b) For the purposes of this section, repair or maintenance of a street shall not be deemed to confer ownership or jurisdiction over that street if the ownership or jurisdiction over the street is in dispute between the State and the county."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000; and shall be repealed on July 1, 2030.
Report Title:
Roads in Limbo; Liability for Repair or Maintenance; Counties
Description:
Specifies that the State or county may repair or maintain any street of which the ownership or jurisdiction is in dispute between the State and county. Specifies that the State or county that repaired or maintained the street may only be held liable for acts or omissions arising out of the repair or maintenance of that street that the State or county performed at any time. Deems that repair or maintenance of a street shall not confer ownership or jurisdiction over such street if the ownership or jurisdiction over the street is in dispute between the State and the county. Sunsets 7/1/2030. Effective 7/1/3000. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
860 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that roads for which ownership or jurisdiction is in dispute between the State and a county, commonly referred to as "roads in limbo", often suffer from a lack of repair and maintenance. The legislature further finds that government agencies are unwilling to maintain these roads because of potential liability issues associated with repair and maintenance.
The legislature further finds that on the island of Hawaii, there are 408.9 miles of roads in limbo located island wide. There are also 122.6 miles of roads in limbo that are recognized as government or homestead roads and 286.3 miles of paper roads, or rights of way that are shown on tax maps but have not yet been built. This situation highlights the urgent need for clear action to address dilapidated roads while ensuring the State or counties are not held liable for repairing or maintaining a road that may not be under their jurisdiction under certain circumstances.
Accordingly, the purpose of this Act is to:
(1) Authorize the State and counties to engage in limited resurfacing repairs or maintenance of streets in cases in which the ownership or jurisdiction of the streets is in dispute between the State and a county;
(2) Limit any additional liability for the State and counties for repairs and maintenance to the limited resurfacing repairs; and
(3) Specify liability in the event of an incident resulting in personal injury or property damages.
SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§663- Liability of the State or county repair or maintenance of certain streets. (a) For any street, as defined in section 291C‑1, of which the ownership or jurisdiction is in dispute between the State and county, the State or county may undertake limited resurfacing of the existing road surface; provided that the resurfacing shall not extend to any span of bridge or section of street that crosses a culvert without conferring ownership.
(b) Any additional liability for the street as a result of limited resurfacing pursuant to subsection (a) shall be limited to the resurfacing and not underlying nonconforming issues.
(c) In the event of an incident that results in personal injuries or property damage, or both, liability shall be split proportional to the share of the contributing cause for the incident between the party who resurfaced the road and the party who was responsible for the underlying road; provided that liability shall be dependent upon the party at fault and cost of the incident.
(d) For the purposes of this section, repair or maintenance of a street shall not be deemed to confer ownership or jurisdiction over that street if the ownership or jurisdiction over the street is in dispute between the State and the county."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000; and shall be repealed on July 1, 2030.
Report Title:
Roads in Limbo; Liability for Repair or Maintenance; Counties
Description:
Specifies that the State or county may undertake limited resurfacing of an existing road surface of any street of which the ownership or jurisdiction is in dispute between the State and county. Limits any additional liability for the State and counties for repairs and maintenance to the limited resurfacing repairs. Provides that for any incident that does occur, liability shall be proportional based on responsibility. Deems that maintenance of a street shall not confer ownership or jurisdiction over such street if the ownership or jurisdiction over the street is in dispute between the State and the county. Sunsets 7/1/2030. Effective 7/1/3000. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
860 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
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||
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A BILL FOR AN ACT
RELATING TO LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that roads for which ownership or jurisdiction is in dispute between the State and a county, commonly referred to as "roads in limbo", often suffer from a lack of repair and maintenance. The legislature further finds that government agencies are unwilling to maintain these roads because of potential liability issues associated with repair and maintenance.
The legislature further finds that on the island of Hawaii, there are 408.9 miles of roads in limbo located island wide. There are also 122.6 miles of roads in limbo that are recognized as government or homestead roads and 286.3 miles of paper roads, or rights of way that are shown on tax maps but have not yet been built. This situation highlights the urgent need for clear action to address dilapidated roads while ensuring the State or counties are not held liable for repairing or maintaining a road that may not be under their jurisdiction.
Accordingly, the purpose of this Act is to provide immunity to the State and counties for injuries sustained due to the repair or maintenance of streets undertaken by the State or a county, in cases in which the ownership or jurisdiction of the streets is in dispute between the State and a county.
SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§663- Liability of the State or a county for repair or maintenance of certain streets; immunity. (a) The State or a county that repairs or maintains a street, as defined in section 291C‑1, of which the ownership or jurisdiction is in dispute between the State and county, shall be immune from liability for personal injuries or property damage, or both, arising out of the repair or maintenance of that street as undertaken by the State or county, as applicable.
(b) For purposes of this section, repair or maintenance of a street shall not be deemed to confer ownership or jurisdiction over that street if the ownership or jurisdiction over the street is in dispute between the State and the county."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
Roads in Limbo; Liability for Repair or Maintenance; Immunity
Description:
Specifies that the State or a county that repairs or maintains a street of which the ownership or jurisdiction is in dispute between the State and county, shall be immune from liability for personal injuries or property damage arising out of the repair or maintenance of that street. Deems that maintenance of a street shall not confer ownership or jurisdiction over such street if the ownership or jurisdiction over the street is in dispute between the State and the county. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
860 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to liability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that roads for which ownership or jurisdiction is in dispute between the State and a county, commonly referred to as "roads in limbo", often suffer from a lack of repair and maintenance. The legislature further finds that government agencies are unwilling to maintain these roads because of potential liability issues associated with repair and maintenance.
The legislature further finds that on the island of Hawaii, there are 408.9 miles of roads in limbo located island wide. There are also 122.6 miles of roads in limbo that are recognized as government or homestead roads and 286.3 miles of paper roads, or rights of way that are shown on tax maps but have not yet been built. This situation highlights the urgent need for clear action to address dilapidated roads while ensuring the State or counties are not held liable for repairing or maintaining a road that may not be under their jurisdiction.
Accordingly, the purpose of this Act is to provide immunity to the State and counties for injuries sustained due to the repair or maintenance of streets undertaken by the State or a county, in cases in which the ownership or jurisdiction of such streets is in dispute between the State and a county.
SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§663- Liability of the State or a county for repair or maintenance of certain roads; immunity. (a) The State or a county that repairs or maintains a street, as defined in section 291C‑1, of which the ownership or jurisdiction is in dispute between the State and county, shall be immune from liability for personal injuries or property damage, or both, arising out of the repair or maintenance of that street as undertaken by the State or county, as applicable.
(b) For purposes of this section, repair or maintenance of a street shall not be deemed to confer ownership or jurisdiction over that street if the ownership or jurisdiction over the street is in dispute between the State and the county."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Roads in Limbo; Liability for Repair or Maintenance; Immunity
Description:
Specifies that the State or a county that repairs or maintains a street of which the ownership or jurisdiction is in dispute between the State and county, shall be immune from liability for personal injuries or property damage arising out of the repair or maintenance of that street. Deems that maintenance of a street shall not confer ownership or jurisdiction over such street if the ownership or jurisdiction over the street is in dispute between the State and the county.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Jun 6, 2025 | Act 200, on 06/06/2025 (Gov. Msg. No. 1300). |
| Jun 6, 2025 | Act 200, 06/06/2025 (Gov. Msg. No. 1300). |
| May 1, 2025 | Transmitted to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick excused (2). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 24; Aye(s) with reservations: none . 1 No(es): Senator(s) McKelvey. 0 Excused: none. |
| Apr 25, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25 |
| Apr 25, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 209). |
| Apr 25, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 25, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 209) as amended in (CD 1). |
| Apr 25, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 4 Aye(s): Senator(s) Lee, C., Rhoads, Kanuha, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Wakai. |
| Apr 25, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 4 Ayes: Representative(s) Kila, Grandinetti, Kusch, Pierick; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Tarnas. |
| Apr 25, 2025 | Conference committee meeting to reconvene on 04-25-25 5:15 PM; Conference Room 225. |
| Apr 25, 2025 | Conference Committee Meeting will reconvene on Friday, 04-25-25 at 3:30PM in Conference Room 411. |
| Apr 25, 2025 | Conference Committee Meeting will reconvene on Friday, 04-25-25 at 2:00PM in Conference Room 411. |
| Apr 25, 2025 | Conference Committee Meeting will reconvene on Friday, 04-25-25 at 12:30PM in Conference Room 329. |
| Apr 25, 2025 | Conference Committee Meeting will reconvene on Friday, 04-25-25 at 11:30AM in Conference Room 329. |
| Apr 24, 2025 | Conference committee meeting to reconvene on 04-25-25 9:30AM; Conference Room 329. |
| Apr 23, 2025 | Conference committee meeting to reconvene on 04-24-25 10:30AM; Conference Room 329. |
| Apr 22, 2025 | Conference committee meeting to reconvene on 04-23-25 10:30AM; Conference Room 329. |
| Apr 21, 2025 | Conference committee meeting scheduled for 04-22-25 10:40AM; Conference Room 329. |
| Apr 17, 2025 | Received notice of Senate conferees (Sen. Com. No. 828). |
| Apr 17, 2025 | Senate Conferees Appointed: Lee, C. Chairs; Wakai, Rhoads, Kanuha Co-Chairs; DeCorte. |
| Apr 21, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 755). |
| Apr 17, 2025 | House Conferees Appointed: Kila, Tarnas, Grandinetti Co-Chairs; Kusch, Pierick. |
| Apr 17, 2025 | Re-referred to TRN, JHA, FIN, referral sheet 33 |
| Apr 11, 2025 | Received notice of disagreement (Hse. Com. No. 704). |
| Apr 10, 2025 | House disagrees with Senate amendment (s). |
| Apr 8, 2025 | Returned from Senate (Sen. Com. No. 684) in amended form (SD 2). |
| Apr 8, 2025 | Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Apr 4, 2025 | 48 Hrs. Notice 04-08-25. |
| Apr 4, 2025 | Reported from JDC/WAM (Stand. Com. Rep. No. 1811) with recommendation of passage on Third Reading, as amended (SD 2). |
| Apr 1, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 11 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, Elefante, Hashimoto, Inouye, Kanuha, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) DeCoite, Kidani. |
| Apr 1, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Mar 27, 2025 | The committee(s) on JDC/WAM will hold a public decision making on 04-01-25 10:00AM; Conference Room 211 & Videoconference. |
| Mar 21, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. |
| Mar 21, 2025 | Reported from TCA/EIG (Stand. Com. Rep. No. 1320) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC/WAM. |
| Mar 18, 2025 | The committee(s) on TCA recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in TCA were as follows: 5 Aye(s): Senator(s) Lee, C., Inouye, Elefante, Kanuha, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Mar 18, 2025 | The committee(s) on EIG recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in EIG were as follows: 4 Aye(s): Senator(s) Wakai, Chang, DeCoite, Richards; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella. |
| Mar 13, 2025 | The committee(s) on EIG deferred the measure until 03-18-25 3:02PM; CR 016 & Videoconference. |
| Mar 13, 2025 | The committee(s) on TCA deferred the measure until 03-18-25 3:02PM; CR 224 & Videoconference. |
| Mar 10, 2025 | The committee(s) on TCA/EIG has scheduled a public hearing on 03-13-25 3:00PM; Conference Room 224 & Videoconference. |
| Mar 4, 2025 | Referred to TCA/EIG, JDC/WAM. |
| Feb 28, 2025 | Passed First Reading. |
| Feb 28, 2025 | Received from House (Hse. Com. No. 40). |
| Feb 27, 2025 | Passed Third Reading with Representative(s) Garcia voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick, Templo, Ward excused (4). Transmitted to Senate. |
| Feb 27, 2025 | Reported from JHA (Stand. Com. Rep. No. 897), recommending passage on Third Reading. |
| Feb 20, 2025 | The committee on JHA recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 9 Ayes: Representative(s) Tarnas, Poepoe, Hashem, Kahaloa, Takayama, Todd, Shimizu; Ayes with reservations: Representative(s) Perruso, Garcia; 1 Noes: Representative(s) Belatti; and 1 Excused: Representative(s) Cochran. |
| Feb 18, 2025 | Bill scheduled to be heard by JHA on Thursday, 02-20-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Feb 11, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Ward excused (2). |
| Feb 11, 2025 | Reported from TRN (Stand. Com. Rep. No. 369) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Feb 4, 2025 | The committee on TRN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Kila, Grandinetti, Evslin, Kitagawa, La Chica, Miyake, Muraoka, Pierick; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Cochran. |
| Jan 31, 2025 | Bill scheduled to be heard by TRN on Tuesday, 02-04-25 10:00AM in House conference room 430 VIA VIDEOCONFERENCE. |
| Jan 23, 2025 | Referred to TRN, JHA, referral sheet 3 |
| Jan 23, 2025 | Introduced and Pass First Reading. |
| Jan 21, 2025 | Pending introduction. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Apr 30, 2025 | Final Reading | House Floor |
Passed |
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| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
|
| Apr 8, 2025 | Third Reading | Senate Floor |
Passed |
|
| Apr 1, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Ways and Means |
Passed |
|
| Apr 1, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
|
| Mar 18, 2025 | The committee(s) on TCA recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Transportation and Culture and the Arts |
Passed |
|
| Mar 18, 2025 | The committee(s) on EIG recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Energy and Intergovernmental Affairs |
Passed |
|
| Feb 27, 2025 | Third Reading | House Floor |
Passed |
|
| Feb 20, 2025 | The committee on JHA recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
|
| Feb 4, 2025 | The committee on TRN recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
|
Date
|
|---|---|---|
| County of Honolulu | ** Support | |
| Department of Transportation | ** Support | |
| Department of Transportation | ** Support | |
| Department of Transportation and Office of the Mayor of the City | ** Support | |
| Hawaii Association for Justice | ** Against | |
| Hawaii Department of Transportation | *** Support | Apr 1, 2025 |
| Hawaiʻi State Association of Counties | ** Support | |
| Hawai‘i County | *** Support | Feb 20, 2025 |
| Hawai‘i County Council | *** Support | Mar 13, 2025 |
| Law Office of Georgette A. Yaindl, LLLC | *** Against | Feb 20, 2025 |
| Paauilo Homestead Community Association | ** Support |
CONFERENCE COMMITTEE REP. NO. 209
Honolulu, Hawaii
, 2025
RE: H.B. No. 860
H.D. 1
S.D. 2
C.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madam and Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 860, H.D. 1, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO LIABILITY,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to:
(1) Specify that the State or a county may repair or maintain any street of which the ownership or jurisdiction is in dispute;
(2) Specify that the State or county that repaired or maintained such street may only be held liable for acts or omissions arising out of the repair or maintenance of that street;
(3) Deem that repair or maintenance of a street shall not confer ownership or jurisdiction over such street; and
(4) Sunset on July 1, 2030.
Your Committee on Conference has amended this measure by:
(1) Authorizing agencies performing work to post notice, signage, or other public communication clarifying that the repair does not establish permanent jurisdiction or ownership;
(2) Specifying that this measure only applies in a county with a population of more than two hundred thousand but less than five hundred thousand;
(3) Changing the effective date to upon approval; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 860, H.D. 1, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 860, H.D. 1, S.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
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ON THE PART OF THE HOUSE |
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____________________________ CHRIS LEE Chair |
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____________________________ DARIUS KILA Co-Chair |
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____________________________ GLENN WAKAI Co-Chair |
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____________________________ DAVID A. TARNAS Co-Chair |
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____________________________ KARL RHOADS Co-Chair |
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____________________________ TINA NAKADA GRANDINETTI Co-Chair |
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____________________________ DRU KANUHA Co-Chair |
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STAND. COM. REP. NO. 1811
Honolulu, Hawaii
RE: H.B. No. 860
H.D. 1
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committees on Judiciary and Ways and Means, to which was referred H.B. No. 860, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO LIABILITY,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Authorize the State and counties to engage in limited resurfacing repairs or maintenance of streets in cases in which the ownership or jurisdiction of the streets is in dispute between the State and a county;
(2) Limit any additional liability for the State and counties for repairs and maintenance to the limited resurfacing repairs;
(3) Specify liability in the event of an incident resulting in personal injury or property damages; and
(4) Deem that repair or maintenance of a street over which the ownership or jurisdiction is in dispute does not confer ownership or jurisdiction over that street to the State or county performing the work.
Your Committees received testimony in support of this measure from the Department of Transportation and one member of the Maui County Council.
Your Committees received testimony in opposition to this measure from the Hawaii Association for Justice.
Your Committees received comments on this measure from the Department of Land and Natural Resources and Hawaiʻi State Association of Counties.
Your Committees find that streets for which ownership or jurisdiction is in dispute between the State and a county are commonly referred to as "roads in limbo" and often suffer from a lack of repair and maintenance, largely due to government agencies being unwilling to maintain these roads because of potential liability issues associated with repair and maintenance. Your Committees further find that on the island of Hawaiʻi alone there are more than four hundred miles of roads in limbo, which highlights the urgent need for clear action to address dilapidated thoroughfares. This measure will encourage the State or counties to repair roads in limbo by ensuring the State and counties are only held liable for the respective repair or maintenance work they perform on roads in limbo and that they will not be deemed to have acquired ownership or jurisdiction as a result of that work.
Your Committees have amended this measure by:
(1) Broadening the types of repairs or maintenance the State or county may undertake on any street of which the ownership or jurisdiction is in dispute between the State and county to any type of repair or maintenance;
(2) Clarifying that the State or county that repaired or maintained the street, as applicable, may only be held liable for acts or omissions arising out of the repair or maintenance of that street that the State or county performed at any time;
(3) Deleting language that would have specified liability in the event of an incident resulting in personal injury or property damage;
(4) Amending section 1 to reflect its amended purpose; and
(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 860, H.D. 1, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 860, H.D. 1, S.D. 2.
Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,
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________________________________ DONOVAN M. DELA CRUZ, Chair |
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 1320
Honolulu, Hawaii
RE: H.B. No. 860
H.D. 1
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committees on Transportation and Culture and the Arts and Energy and Intergovernmental Affairs, to which was referred H.B. No. 860, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO LIABILITY,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Specify that the State or a county that repairs or maintains a street of which the ownership or jurisdiction is in dispute between the State and county, shall be immune from liability for personal injuries or property damage arising out of the repair or maintenance of that street; and
(2) Deem that maintenance of a street shall not confer ownership or jurisdiction over such street if the ownership or jurisdiction over the street is in dispute between the State and the county.
Your Committees received testimony in support of this measure from the Department of Transportation, one member of the Maui County Council, one member of the Hawaiʻi County Council, Hawaiʻi State Association of Counties, Paauilo Homestead Community Association, and one individual.
Your Committees received testimony in opposition to this measure from the Hawaii Association for Justice.
Your Committees received comments on this measure from the Department of Land and Natural Resources.
Your Committees find that there are hundreds of miles of roads throughout the State that are roads in limbo, meaning the roads face ownership or jurisdictional disputes between the State and a county. Your Committees further find that although these roads are often used by the public, the roads do not receive necessary repair and maintenance and in some cases have fallen into significant disrepair. By clarifying liability between the State and counties for repairing or maintaining a road that may not be under their jurisdiction, this measure will encourage the maintenance and repair of certain roads to improve public safety and transportation infrastructure.
Your Committee notes the concern of the Hawaii Association for Justice that this measure provides overly broad immunity for maintenance of roads with disputed ownership.
Accordingly, your Committees have amended this measure by:
(1) Deleting language that would have provided immunity from liability to the State or a county that repairs or maintains a street under jurisdictional dispute;
(2) Clarifying that the State or county may undertake limited resurfacing repairs for any street under jurisdictional dispute between the State and county;
(3) Specifying that any additional liability as a result of the limited resurfacing shall be limited to the resurfacing;
(4) Specifying that in the event of an incident resulting in personal injury or property damages, liability shall be split proportional to the contributing cause of the incident between the parties involved depending which is at fault and cost of the incident;
(5) Amending section 1 to reflect its amended purpose;
(6) Inserting a repeal date of July 1, 2030; and
(7) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.
As affirmed by the records of votes of the members of your Committees on Transportation and Culture and the Arts and Energy and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 860, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 860, H.D. 1, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.
Respectfully submitted on behalf of the members of the Committees on Transportation and Culture and the Arts and Energy and Intergovernmental Affairs,
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________________________________ GLENN WAKAI, Chair |
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________________________________ CHRIS LEE, Chair |
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STAND. COM. REP. NO. 897
Honolulu, Hawaii
, 2025
RE: H.B. No. 860
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 860, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO LIABILITY,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Department of Transportation; one member of the Maui County Council; one member of the Hawaiʻi County Council; and two individuals. Your Committee received testimony in opposition to this measure from the Hawaii Association for Justice and two individuals. Your Committee received comments on this measure from the Department of Land and Natural Resources.
Your Committee finds that roads with unresolved ownership or jurisdictional dispute often fall into disrepair, creating significant challenges to public safety, infrastructure maintenance, and government accountability. Your Committee further finds that in order to ensure appropriate and necessary maintenance measures can be undertaken, there is a need to clarify that a State or county performing necessary repairs maintenance on roads with disputed ownership does not convey ownership of these roads to the State or county.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 860, H.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ DAVID A. TARNAS, Chair |
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STAND. COM. REP. NO. 369
Honolulu, Hawaii
, 2025
RE: H.B. No. 860
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Transportation, to which was referred H.B. No. 860 entitled:
"A BILL FOR AN ACT RELATING TO LIABILITY,"
begs leave to report as follows:
The purpose of this measure is to provide immunity to the State and counties for injuries sustained due to the repair or maintenance of streets undertaken by the State or a county, in cases in which the ownership or jurisdiction of such streets is in dispute between the State and a county.
Your Committee finds that roads for which ownership or jurisdiction is in dispute between the State and a county often suffer from a lack of repair and maintenance. Therefore, government agencies are unwilling to maintain these roads because of potential liability issues associated with the repair and maintenance of the roads. This measure seeks to address this issue by providing immunity to the State and counties for personal injuries or property damage arising out of the repair or maintenance of roads in limbo.
Your Committee has amended this measure by:
(1) Changing the effective date to July 1, 3000, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 860, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 860, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Transportation,
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____________________________ DARIUS KILA, Chair |
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Date
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Testimony PDF
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| Apr 1, 2025 | HB860_SD1_TESTIMONY_WAM-JDC_04-01-25_.PDF |
| Mar 13, 2025 | HB860_HD1_TESTIMONY_TCA-EIG_03-13-25_.PDF |
| Feb 20, 2025 | HB860_HD1_TESTIMONY_JHA_02-20-25_.PDF |
| Feb 4, 2025 | HB860_TESTIMONY_TRN_02-04-25_.PDF |
Discussed in Hearing
4MIN
Conference Committee
28SEC
Conference Committee
4MIN
Senate Standing Committee on Transportation and Culture and the Arts
4MIN
Senate Standing Committee on Energy and Intergovernmental Affairs
2MIN
House Standing Committee on Judiciary & Hawaiian Affairs
Bill Author
