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Another potential issue is with the federal funding for roads. When the federal <br />government turns road monies over, it wants a state agency to handle the funding. One of the <br />intentions of the State Highways Division is to make sure there is a contiguous roadway system <br />encompassing the different islands, and it therefore needs control of the federal funding. <br />Another issue is that the County does not have the personnel or facilities to handle <br />maintaining such an increase in its roads. If its personnel were to increase, it would mean an <br />increase in taxes to pay for it. <br />There is currently a study under way with the State Department of Transportation <br />regarding whether its highways could be transferred to the counties. The County of Hawaii has <br />already submitted written testimony on the issues Mr. Kamelamela mentioned, as well as that if <br />the State were to turn over jurisdiction of its roads to the County, the County should get the same <br />kind of immunity that is given to the State. The State has "discretionary immunity," which <br />provides some relief. As long as its personnel acted in good faith and did what they were <br />supposed to do when looking at potential designs or defects, there is a possibility of being <br />relieved of liability. The County of Hawaii, through the Office of the Corporation Counsel, will <br />continue providing input on potential problems in transferring the responsibility of the control, <br />jurisdiction, and maintenance of State highways to the County. <br />Mr. Joseph asked Mr. Kamelamela who asked him to appear at this meeting, and Mr. <br />Kamelamela said that when he read the newspaper article, he felt he should provide input. <br />Mr. Joseph asked Mr. Kamelamela whether he realized that the recommendation on this <br />matter came from his own division head, Stanley Nakasone. Mr. Kamelamela said that Mr. <br />Nakasone may have been giving his own opinion on the issue, which is not representative of the <br />Corporation Counsel, which looks at the potential litigation issues. <br />Mr. Sakaguchi said he was disturbed that Mr. Kamelamela seemed to be saying he would <br />rather the State be sued over a defective road than the County, because the County is not <br />protected, and that the County should not take over the State highways because it does not want <br />to get sued. Mr. Kamelamela said he wanted to make clear that in taking over the State <br />highways, there would be an increase in litigation. The burden may be larger than most people <br />are aware. However, exploring the issue would be fine. <br />The Chair stated that when he introduced Mr. Kamelamela, he neglected to indicate that <br />he was speaking on behalf of the Office of the Corporation Counsel. <br />Mr. Joseph asked whether Mr. Kamelamela just wanted the word "pursue" removed and <br />replaced with "explore." Mr. Kamelamela said yes, or replaced with another word to that effect. <br />Mr. Sakaguchi asked when the State's study on the possible transfer started, and Mr. <br />Kamelamela said he believed it started within the last two to three years, but the Corporation <br />Counsel's involvement in submitting input happened last year. <br />Mr. Sakaguchi said it is inefficient to have two departments and sets of equipment doing <br />the same thing. Mr. Kamelamela said that the statute itself provides for two separate highway <br />2 <br />