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The Hawaii Rec Bill is Going! ---- Down the Toilet :(

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Buff Johnson · · Unknown Hometown · Joined Dec 2005 · Points: 1,145

I guess it made it out of the finance committee.
Good luck you hooligans

Ryan Nevius · · Perchtoldsdorf, AT · Joined Dec 2010 · Points: 1,837

From: capitol.hawaii.gov/measure_…

4/3/2014 (House) - The committees on FIN recommend that the measure be PASSED, WITH AMENDMENTS.

The votes were as follows: 15 Ayes: Representative(s) Luke, Nishimoto, Johanson, Cullen, Hashem, Ing, Jordan, Kobayashi, Lowen, Morikawa, Onishi, Takayama, Tokioka, Yamashita, Fukumoto;

Ayes with reservations: none;

Noes: none; and 2 Excused: Representative(s) Woodson, Ward.

20 kN · · Unknown Hometown · Joined Feb 2009 · Points: 1,346

Yep, but only because congress got some really heavy pressure from many people with very serious pull. The local plaintiffs bar lobbyist tried to milk the committee into killing the bill, but I guess they made the very smart choice not to go against the 1,000+ voters that are having none of it.

hawaiinewsnow.com/story/251…

BBQ · · Unknown Hometown · Joined Apr 2009 · Points: 554

Keep fighting the good fight! Thanks for your efforts. I lived in Hawaii for 10 years and am hoping to go back to do some more rock climbing on the North Shore. It would be a real bummer if I couldn't.

Frank Stein · · Albuquerque, NM · Joined Feb 2012 · Points: 205

Nice! I think we are booking flights for this November. (We were anyway do to wife, but now it feels like not a such a pain in the ass :-).)

Ryan Nevius · · Perchtoldsdorf, AT · Joined Dec 2010 · Points: 1,837

I thought you have until Tuesday, the 8th, until it dies. No?

Luke Dunklee · · Albuquerque, NM · Joined Jan 2012 · Points: 50

Here are the details, copied from Mike at Climb Aloha. Hopefully he doesn't mind my redistributing it here, but I think he sums it up well. Basically the bill was not killed, but shamelessly amended into something worthless.
------------------------------------------------

SB1007 HD1 Update, Saturday, April 5, 2014

Folks,

We regret to say that you have been screwed and double-crossed by the House Finance Committee ( capitol.hawaii.gov/committe…). We learned this morning that our bill, SB1007 HD1 ( capitol.hawaii.gov/measure_…) was in fact gutted by the members of this committee. At the conclusion of the “surprise” hearing for the bill this past Thursday afternoon, the Chair of House Finance, Sylvia Luke ( capitol.hawaii.gov/memberpa…), declared that our measure was passed out of the Committee during decision-making with technical non-substantive changes (meaning it should not have been gutted).

Here is the official Committee report, which is addressed to the Speaker of the House: capitol.hawaii.gov/session2….

As you will note with some irony, the report begins by stating the following:

The purpose of this measure is to:

(1) Increase liability protections for the State and counties by extending the conclusive presumption for legally adequate warning to include dangerous non-natural conditions on unimproved public lands; and

(2) Make permanent the liability protections based on posting warning signs regarding outdoor recreation on public lands established by Act 82, Session Laws of Hawaii 2003.
-------------------------------------------------------------------------------------------------
The report concludes as follows:

Your Committee has amended this measure by:

(1) Removing the provisions extending the conclusive presumption for legally adequate warning to include dangerous non-natural conditions on unimproved public lands; and

(2) Making technical, nonsubstantive amendments for clarity, consistency, and style.
------------------------------------------------------------------------------------------------

What that means is that the Finance Committee despite saying otherwise during the hearing, completely gutted the bill to exclude the portion about improving Act 82 by allowing the State to warn of non-natural hazards. Yes, the Committee’s version of this bill, HD2, makes Act 82 permanent (which is great), but it does nothing else.

Here are the facts, you decide how and why this travesty upon the democratic process prevailed:

1) SB1007 HD1 has the support of the Governor, the Attorney General, DLNR, both the Senate and House Judiciary Committee Chairs, Senator Clayton Hee and Representative Karl Rhoads, and the entire outdoor community of Hawaii and beyond;

2) SB1007 HD1 if passed, would improve State (and thus taxpayer) protection from frivolous lawsuits and would NOT in any way endanger or reduce safety for anyone. Under every analysis, SB10007 HD1 is a win-win scenario and would cause no negative outcome for the average citizen.

3) The House Finance Committee Chair did not meet with the Outdoor Community this session despite several formal requests spanning several weeks;

4) After receiving over 2,100 emails during this past week, the House Finance Committee decided to hold a surprise hearing for SB1007HD1 at the eleventh hour this past Thursday;

5) With zero explanation and in complete opposite to what we heard in the concluding remarks at the surprise hearing, the Finance Committee has apparently decided that SB1007 HD1 is not in the best financial interest of the State or the tax payer.

Rock Climbers, please note that we were provided today with this official statement today by DLNR Chairman, William Aila: “I assure you and the climbers that DLNR is committed to establishing an alternative legal method to get climbers back on the Wall. DLNR will be in contact this week with you to set up a meeting to go over some ideas. DLNR needs your collective kokua and knowledge of climbing behavior to see what is feasible. As always, DLNR deeply appreciates the recreational community support of our efforts.”

While this is great news from William Aila, and we have enjoyed partnering with our land management officials, the Attorney General’s Office, and some sympathetic and honest legislators, our community effort behind SB1007 HD1 has become larger than the issue of closed climbing areas. What can be more important than closed climbing areas you ask? Some examples, then:

1) An intact Democratic process with helpful legislators behaving with transparency and with respect for and a desire to serve the people;

2) A State and its tax paying citizens protected from frivolous lawsuits;

3) And last, but not least, protected access to public lands for the enjoyment of all

Even if the climbing areas are reopened, the Citizens of Hawaii lose if SB1007 HD1 fails to pass. Sacred Falls, the Haiku Stairs, lots of other closed trails and sites – what is next, the Pali Notches, Olomana, the old Pali Highway? The next big lawsuit that pillages the money of Hawaii’s tax payers and enriches our plaintiffs’ attorneys will lead to the next closure, you can count on it.

What can you and WE do?

1) Start emailing, writing, and visiting your State representatives and Senators and let them know how you feel about this bill.

Debbie will follow this post with specific instructions depending upon the announcement of the conference committee that will happen this week – to hopefully restore the full version of SB1007 HD1.

Buff Johnson · · Unknown Hometown · Joined Dec 2005 · Points: 1,145

Well that sux

20 kN · · Unknown Hometown · Joined Feb 2009 · Points: 1,346
20 kN · · Unknown Hometown · Joined Feb 2009 · Points: 1,346
Pieter wrote: I'm sure it was very helpful to the cause when you started sending out this beta on the web after the closure. I suppose in your eyes rules don't apply to you?
Nice try asshole. Creating a new account to talk shit is incredibly weak. Go back to rc.com and post your rampage trolling on there.
BBQ · · Unknown Hometown · Joined Apr 2009 · Points: 554

"Employees of the state are mostly fat and lazy"

+1 Love it!

Buff Johnson · · Unknown Hometown · Joined Dec 2005 · Points: 1,145

the realm of the bizarre drama continues

Looks like there's possibly an ethics violation by the chair of that committee, using her influence to substantially change the bill with "non-substantive" revision -- changing the bill to benefit her firm as a personal injury lawyer.

staradvertiser.com/news/bre…

Don't really know how that's gonna shake out for her when the attorney general supported the original bill. It could just be business as usual, liberals are what they are, putting them all on an island together, like cats.

William Sonoma · · Unknown Hometown · Joined Dec 2012 · Points: 3,550

Buff Johnson says: the realm of the bizarre drama continues

Looks like there's possibly an ethics violation by the chair of that committee, using her influence to substantially change the bill with "non-substantive" revision -- changing the bill to benefit her firm as a personal injury lawyer.

That is not cool at all! Ive lived on Oahu for eight years of my life and am glad to be gone. It is such a wonderful place, with such wonderful flora and fauna, wonderful energy! Humans (well, ego centered humans) always have to "fuck shit" up! Its terribly sad to hear...

Guideline #1: Don't be a jerk.

General Climbing
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