Bill Text: HI HCR76 | 2022 | Regular Session | Amended
Bill Title: Convening A Working Group To Determine Any Circumstances Under Which Government Entities Should Be Reimbursed For Search And Rescue Services On Land For Trail Users And What Constitutes Proper Public Notice Of A Trail User's Illegal Presence On Land For Purposes Of Imposing Penalties For Violations Of Law.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Engrossed - Dead) 2022-04-12 - Referred to PSM/JDC. [HCR76 Detail]
Download: Hawaii-2022-HCR76-Amended.html
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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
76 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 1 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
CONVENING A WORKING GROUP TO DETERMINE ANY CIRCUMSTANCES UNDER WHICH GOVERNMENT ENTITIES SHOULD BE REIMBURSED FOR SEARCH AND RESCUE SERVICES ON LAND FOR TRAIL USERS AND WHAT CONSTITUTES PROPER PUBLIC NOTICE OF A TRAIL USER'S ILLEGAL PRESENCE ON LAND FOR PURPOSES OF IMPOSING PENALTIES FOR VIOLATIONS OF LAW.
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, those defying the law by entering into prohibited areas not only put themselves at risk, but also create potentially difficult and expensive rescue operations that put their rescuers' safety and lives at risk; 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 House of Representatives
of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022,
the Senate concurring, that the Department of Land and Natural
Resources is requested to convene a working group to determine any circumstances
under which government entities should be reimbursed for search and rescue services
on land for trail users and what constitutes proper public notice of a trail user's
illegal presence on land for purposes of imposing penalties for violations of law;
and
BE IT FURTHER RESOLVED that the members
of the working group may include representatives from the following entities:
(1) The Department of the Attorney General;
(2) The Department of Land and Natural Resources;
(3) The State Emergency Medical Services and Injury
Prevention System Branch of the Department of Health;
(4) County fire departments;
(5) County police departments;
(6) County emergency medical services agencies;
(7) County land management agencies;
(8) County prosecuting attorney agencies;
(9) A recreational hunting organization;
(10) A recreational public trail user group;
(11) A public trail access advocacy group; and
(12) Other departments, agencies, and organizations
as deemed appropriate by the working group; and
BE IT FURTHER RESOLVED that the working
group is requested to determine:
(1) Whether trail users requiring search and rescue
services on land should be required to reimburse government entities for all or
a portion of any necessary search and rescue expenses incurred and under what circumstances,
including but not limited to whether the trail user's presence on a section of land
was illegal;
(2) The feasibility and advisability of creating and
posting a list of legal hikes in the State, along with maps and descriptions of
those legal hikes, on an appropriate county or state website;
(3) Sufficient public notice requirements to inform
the public which sections of land in the State are legal hiking areas and under
what conditions and whether the list of legal hikes described in paragraph (2),
if posted on the appropriate county or state website in lieu of signage posted on
the subject land, can suffice as proper public notice of the illegality of a trail
user's presence on a section of land for purposes of imposing penalties on the trail
user for any violations of law;
(4) Other options for giving reasonable proper notice
of legal and illegal hikes; and
(5) Other appropriate issues, concerns, and considerations
discussed by the working group; and
BE IT FURTHER RESOLVED that based
on its findings and determinations, the working group is requested to make recommendations
and propose any legislation that may be necessary to effectuate those recommendations;
and
BE IT FURTHER RESOLVED that the working
group is requested to submit 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 2023; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Acting Attorney General; Chairperson of the Board of Land and Natural Resources; Director of Health; the respective fire chiefs of the City and County of Honolulu and the Counties of Hawaii, Kauai, and Maui; the respective police chiefs of the City and County of Honolulu and the Counties of Hawaii, Kauai, and Maui; the respective emergency medical services chiefs of the City and County of Honolulu and the Counties of Hawaii, Kauai, and Maui; the respective directors of land management agencies of the City and County of Honolulu and the Counties of Hawaii, Kauai, and Maui; and the respective prosecuting attorneys for the City and County of Honolulu and the Counties of Hawaii, Kauai, and Maui.
Search and Rescue; Working Group; Trail Users; Reimbursement
