STAND. COM. REP. NO. 2485

Honolulu, Hawaii

RE: S.B. No. 2376

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committees on Public Safety, Intergovernmental, and Military Affairs and Government Operations, to which was referred S.B. No. 2376 entitled:

"A BILL FOR AN ACT RELATING TO SEARCH AND RESCUE,"

beg leave to report as follows:

The purpose and intent of this measure is to require government entities to seek reimbursement for search and rescue expenses for person requiring rescue after leaving a hiking trail to enter a prohibited area or hiking on a trail closed to the public.

Your Committees received testimony in support of this measure from the Department of Land and Natural Resources and four individuals. Your Committees received testimony in opposition to this measure from one individual.

Your Committees find that with the numerous hiking trails available to the public throughout the State, there are certain areas that pose safety concerns and consequently have been closed to the public. Despite this, your Committees find that there are cases of individuals and groups unlawfully entering trails that have been closed off to the public due to safety concerns, ultimately putting those individuals and groups at risk of significant injury and further risking the damage of native habitats and other natural resources being preserved in closed areas.

Your Committees further find that those defying the law by entering into prohibited areas not only put themselves at risk, but create potentially difficult and expensive rescue operations. The costs associated with the search and rescue of individuals who willfully disregard their own safety by ignoring warning signs are considerable. This measure will hold those willfully disregarding the law accountable by requiring a reimbursement of funds used for a search and rescue mission of those who entered a prohibited area.

Your Committees understand that not every search and rescue mission is the result of an intentional disregard of laws that prohibit entry and that there are cases where individuals mistakenly get lost and need help.

Accordingly, your Committees have amended this measure by:

(1) Specifying that a government entity shall seek a reimbursement for all or a portion of search and rescue expenses from all applicable person or entities in certain situations; and

(2) 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 Public Safety, Intergovernmental, and Military Affairs and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2376, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2376, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Public Safety, Intergovernmental, and Military Affairs and Government Operations,

________________________________ LAURA H. THIELEN, Chair

________________________________ CLARENCE K. NISHIHARA, Chair