STAND. COM. REP. NO. 1468-22

Honolulu, Hawaii

, 2022

RE: H.C.R. No. 76

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Water & Land, to which was referred H.C.R. No. 76 entitled:

"HOUSE CONCURRENT RESOLUTION CONVENING A WORKING GROUP TO DETERMINE ANY CIRCUMSTANCES UNDER WHICH GOVERNMENT ENTITIES SHOULD BE REIMBURSED FOR SEARCH AND RESCUE SERVICES ON LAND FOR TRAIL USERS AND WHAT CONSTITUTES PROPER PUBLIC NOTICE OF A TRAIL USER'S ILLEGAL PRESENCE ON LAND FOR PURPOSES OF IMPOSING PENALTIES FOR VIOLATIONS OF LAW,"

begs leave to report as follows:

The purpose of this measure is to convene a working group to determine any circumstances under which government entities should be reimbursed for search and rescue services on land for trail users and what constitutes proper public notice of a trail user's illegal presence on land for purposes of imposing penalties for violations of law, and to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2023.

Your Committee received comments on this measure from the Department of Land and Natural Resources; and one individual. Your Committee received testimony in opposition to this measure from one individual.

Your Committee finds that when individuals defy the law by venturing onto closed hiking trails and subsequently require search and rescue response services, first response agencies bear the cost and risks involved in their rescue. This measure seeks to include public recreation, first response, land management, and legal stakeholders in the consideration of potential means to address costs incurred by government entities to rescue persons who knowingly venture into illegal or closed areas.

As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 76 and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

____________________________

DAVID A. TARNAS, Chair