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GM 1300

Informing the Legislature that on June 6, 2025, the Governor signed the following bill into law: HB860 HD1 SD2 CD1 (ACT 200).

2025 Regular Session

Allows State or counties to repair or maintain disputed roads without establishing ownership/jurisdiction, with notices, limited liability, and sunset by 2030.

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Bill Summary · GM 1300

Summary: Act 200 (HB 860, CD1) – Liability Provisions for Roads with Disputed Ownership/Jurisdiction

GM 1300 informs the Legislature that on June 6, 2025, the Governor signed HB860 HD1 SD2 CD1 into law as Act 200. The following summary distills the bill’s purpose, key provisions, and potential impact.

Purpose and Intent

  • Address “roads in limbo” where ownership or jurisdiction is disputed between the State and a county, leading to inadequate repair and maintenance due to liability concerns.
  • Allow the State or county to repair or maintain streets in disputes without imposing broad liability for issues outside the repair activity.
  • Clarify that repair or maintenance does not automatically confer ownership or jurisdiction over the road.

Key Provisions

  • Section 1 – Legislative Findings and Purpose
    • Recognizes that disputed roads often go unrepaired due to liability concerns.
    • Establishes the objective to permit repair/maintenance while limiting liability and preserving jurisdictional ambiguity.
    • Applies specifically to counties with a population over 200,000 but under 500,000 (i.e., the population band that includes Hawaii Island’s county context).
  • Section 2 – New Statutory Provision
    • Adds new Section 663- (new subsection) to the Hawaii Revised Statutes.
    • (a) The State or county may repair or maintain any street whose ownership/jurisdiction is in dispute.
    • (b) The repairing entity may post notices clarifying that such repair does not establish permanent jurisdiction or ownership.
    • (c) Repair/maintenance shall not be deemed to confer ownership or jurisdiction.
    • (d) Applies only to a county with population >200,000 and <500,000.
  • Section 3 – Codification
    • New statutory material is underscored (codified in the Hawaii Revised Statutes).
  • Section 4 – Effective Date and Sunset
    • Takes effect upon approval.
    • Repeals on July 1, 2030 (sunset).

Scope and Affected Parties

  • Affects the State and counties within the specified population range (notably including Hawaii Island, given context and findings about “roads in limbo” there).
  • Addresses streets where ownership/jurisdiction is contested, enabling repair/maintenance while avoiding broad liability for unrelated ownership issues.

Practical Implications

  • Reduces hesitation by government agencies to repair or maintain disputed roads, enabling safety improvements, pothole repair, and general maintenance.
  • Provides a liability framework that limits responsibility to acts/omissions tied to the actual repair/maintenance work performed.
  • Allows formal notices to inform the public that repairs do not resolve ownership/jurisdiction status.

Timeline and Status

  • Introduced and received by the Legislature on June 6, 2025.
  • Governor’s proclamation confirms Act 200’s enactment as of June 6, 2025, with an effect date at approval and a sunset of July 1, 2030.

Compiled from official sources — confirm details with the bill’s official record.

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