SR70

WHEREAS, hiking is a popular outdoor activity to enjoy the State's unique natural environment, including endemic flora, majestic waterfalls, and panoramic views of the ocean; and

WHEREAS, the COVID-19 pandemic has increased outdoor activity around the world, specifically hiking in Hawaii; and

WHEREAS, certain areas within the numerous hiking trails available to the public throughout the State pose safety concerns and consequently have been closed to the public; and

WHEREAS, despite warnings, some individuals and groups unlawfully enter trails that have been closed to the public due to safety concerns, ultimately putting themselves at risk of significant injury and risking damage to native habitats and other natural resources that may be in those closed areas for preservation purposes; and

WHEREAS, an increase in hiking in the State requires more emergency responders to be readily available in case hikers are in need of search and rescue; and

WHEREAS, the more searches and rescues made, the more risks there are to emergency responders; and

WHEREAS, the State and counties of Hawaii incur significant costs associated with the rescue of hikers who choose to go on illegal hikes and often ignore signs prohibiting access; and

WHEREAS, each rescue costs upwards of thousands of dollars, and nearly one thousand rescues are made every year in Hawaii; and

WHEREAS, six states - Idaho, Maine, New Hampshire, Oregon, South Dakota, and Vermont - have existing laws in place that impose a financial penalty for individuals needing to be rescued outdoors because of their lack of preparation; and

WHEREAS, because of the considerable costs associated with the search and rescue of individuals who willfully disregard their and others' safety by ignoring warning signs, it is critical to develop policies that encourage public safety and accountability; now, therefore,

BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, that the Department of Law Enforcement is requested to convene a Search and Rescue Working Group to develop and make recommendations to deter hikers from entering illegal hiking trails and to address rising search and rescue costs facing the State and counties due to increased illegal hiking traffic; and

BE IT FURTHER RESOLVED that the Search and Rescue Working Group is also requested to examine:

(1) Existing applicable fines or fees and propose, if appropriate, new or amended fines or fees;

(2) The process for collecting fines or fees; and

(3) The policies of other states with regard to fees imposed on persons rescued from illegal hikes; and

BE IT FURTHER RESOLVED that the Search and Rescue Working Group is requested to consist of the following members, or their designees:

(1) The Director of Law Enforcement;

(2) The Attorney General;

(3) A member of the Judiciary, appointed by the Chief Justice of the Hawaii Supreme Court;

(4) The chief of police from each county;

(5) The fire chief from each county; and

(6) The prosecuting attorney from each county; and

BE IT FURTHER RESOLVED that the Search and Rescue Working Group is requested 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 2025; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of Law Enforcement, Attorney General, Chief Justice, chief of police of each county, fire chief of each county, and prosecuting attorney of each county.

	OFFERED BY:	_____________________________

Report Title:

Search and Rescue Working Group; Fines; Fees; DLE

THE SENATE	S.R. NO.	70
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII