STAND. COM. REP. NO. 182

Honolulu, Hawaii

, 2023

RE: H.B. No. 847

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Water & Land, to which was referred H.B. No. 847 entitled:

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

begs leave to report as follows:

The purpose of this measure is to require government entities to seek reimbursement for search and rescue expenses that result from a person's entrance on an illegal hiking trail or an area closed to the public, with notice of its closure.

Your Committee received testimony in support of this measure from the Department of Law Enforcement, Hawaii State Aha Moku, and four individuals. Your Committee received testimony in opposition to this measure from the Honolulu Police Department. Your Committee received comments on this measure from the State Fire Council, Maui Fire Department, and Honolulu Fire Department.

Your Committee finds that emergency responders are regularly called upon to participate in search and rescue operations for people who have ignored posted warnings, left defined hiking trails, and ventured into closed areas that have been posted with signage of their closure. These situations are often created by an individual's choice to ignore warnings and efforts of government agencies or private landowners to keep them safe, and when emergency responders are called upon to engage in these types of extensive search and rescue operations, ongoing operations are put on hold and agencies often incur additional unbudgeted costs and expenses.

Your Committee has amended this measure by:

(1) Removing online forms of notice through a state or county website;

(2) Removing the requirement that signs give reasonable notice of closure, thereby clarifying that leaving a hiking trail and entering state, county, or private property that is closed to the public and marked with a sign is appropriate notice;

(3) Changing the effective date to June 30, 3000, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 847, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 847, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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

____________________________

LINDA ICHIYAMA, Chair