STAND. COM. REP. NO. 2114

Honolulu, Hawaii

RE: S.B. No. 2616

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Public Safety, Intergovernmental, and Military Affairs, to which was referred S.B. No. 2616 entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to require government entities to seek reimbursement for the expenses arising from the search rescue of persons who ignore posted warnings, intentionally leave a hiking trail, enter a prohibited area, or hike on a trail that is closed to the public.

Your Committee received testimony in support of this measure from one individual. Your Committee received testimony in opposition to this measure from the Honolulu Police Department. Your Committee received comments on this measure from the Department of Land and Natural Resources, State Fire Council, Honolulu Fire Department, and Maui Fire Department.

Your Committee finds that the ongoing coronavirus 2019 pandemic has led to a surge of experienced and inexperienced hikers venturing into the outdoors. Occasionally, hikers ignore posted warning signs, intentionally leave a hiking trail, or enter property that is closed to the public. This behavior has vastly proliferated due to social media that now promotes activities and features that are subject to closure or warning signage. When one of these hikers needs to be rescued, it is the State that bears the burden of paying for the costs associated with the search or rescue. Your Committee believes that shifting the cost to hikers who ignore posted warning signs, intentionally leave a hiking trail, or enter property that is closed to the public may act as a deterrent and reduce violations, improve public safety, and mitigate the need for costly and dangerous rescue.

Your Committee has amended this measure by:

(1) Clarifying that the reimbursable cost applies when a person:

(A) Ignores reasonably posted warnings and closures;

(B) Leaves a managed and authorized hiking trail and park boundary or enters a closed area or trail on state, county, or private property that is closed to the public and reasonable notice of the closure is posted; or

(C) Enters a hiking trail or park that is closed to the public and reasonable notice of the closure is posted; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental, and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2616, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2616, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental, and Military Affairs,

________________________________

CLARENCE K. NISHIHARA, Chair