STAND. COM. REP. NO. 3064

Honolulu, Hawaii

RE: S.B. No. 2616

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 2616, S.D. 1, 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 promote safer outdoor recreation.

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

Your Committee received written comments in support of this measure from one individual.

Your Committee received written comments in opposition to this measure from the Honolulu Police Department.

Your Committee received written comments on this measure from the Department of Land and Natural Resources.

Your Committee finds that this measure's directive for government entities to seek reimbursement of search and rescue expenses from persons who unreasonably disregarded their own safety will allow government entities to offset the costs of search and rescue efforts and, additionally, encourage outdoor enthusiasts to act with greater care and responsibility.

Your Committee has amended this measure by:

(1) Clarifying that the requirement for a government entity to seek reimbursement of search or rescue expenses applies if the search or rescue was necessary because the person who was the subject of the search or rescue unreasonably disregarded the person's safety;

(2) Clarifying that the act of leaving a managed and authorized hiking trail, or park boundary, for the purpose of entering an area or trail that is closed to the public, will require a government entity to seek reimbursement from the person searched for or rescued as a result;

(3) Changing the effective date to July 1, 2050, to facilitate further discussion on the measure; and

(4) Making technical nonsubstantive amendments for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2616, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2616, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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DONOVAN M. DELA CRUZ, Chair