STAND. COM. REP. NO. 595

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 248

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

 

Sir:

 

     Your Committees on Public Safety, Intergovernmental, and Military Affairs and Water and Land, to which was referred S.B. No. 248 entitled:

 

"A BILL FOR AN ACT RELATING TO TRAILS,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Require government entities that engage in search and rescue operations to seek reimbursement when the rescued person required search and rescue efforts because that person acted in disregard of that person's safety, including intentionally disregarding a warning or notice;

 

     (2)  Increase the penalties for violating laws, rules, or permits relating to state parks or recreation areas and the statewide trail and access system if the laws, rules, or permits restricted public access to a trail; and

 

     (3)  Make unlawfully entering or remaining on a trail that has been closed to the public conduct that constitutes the offense of criminal trespass onto state lands.

 

     Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, Honolulu Police Department, and five individuals.

 

     Your Committees find that unlawfully entering trails that have been closed to the public puts those entering the trails at significant danger of injury, risks damage to native habitats and other natural resources, and potentially requires difficult and expensive rescue operations to retrieve persons who are injured or become lost.  Your Committees further find that the costs associated with the search and rescue of individuals who willfully disregard their own safety by ignoring posted warning signs are considerable.  This measure will discourage individuals from illegally entering trails by increasing the penalties and enforcement options for illegal trail access and requiring government entities that engage in search and rescue of such individuals to seek reimbursement.

 

     As affirmed by the records of votes of the members of your Committees on Public Safety, Intergovernmental, and Military Affairs and Water and Land that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 248 and recommend that it pass Second Reading and be referred to your Committees on Judiciary and Ways and Means.

 

Respectfully submitted on behalf of the members of the Committees on Public Safety, Intergovernmental, and Military Affairs and Water and Land,

 

________________________________

KAIALI'I KAHELE, Chair

 

________________________________

CLARENCE K. NISHIHARA, Chair