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“Do you know where the swing is?”

It wasn’t the kind of question you’d expect to get while you’re hiking in the back of Moanalua Valley. But there it was — and I knew exactly what this female hiker, armed with a GoPro, was talking about.

This was back in 2016, and the swing in question was attached to a makeshift structure at the top of Haiku Stairs, otherwise known as Stairway to Heaven. The trail, which consists of 3,922 steps to the 2,800-foot summit of Puu Keahiakahoe overlooking Haiku Valley, has been closed since 1987.

People dodged security guards and trespassed through private backyards to get to the trailhead, often just to capture the same images they had seen on social media. And, that year, the swing — a jerry-rigged contraption hung on two rusted poles by metal chains — was all the rage. (It has since been taken down.)

I had been hiking on the totally legal, state-run , also known as Moanalua Middle Ridge Trail, which, after a steep climb to the summit, can connect to the top of Haiku Stairs. It’s how a lot of hikers have been accessing the illegal trail.

I’m not going to lie: I’ve always wanted to climb the stairs and witness the breathtaking views I’ve only seen on social media. Thought about it, for sure, but never done it. And not because I’m not fit or experienced enough. Because, simply, it’s illegal.

Pay The Price For Ignoring Warning Signs

And it’s obvious it’s illegal. There are posted signs, warnings online, as a closed trail, stating “Do not attempt this hike.”

But there are other trails on the island — some with no names, some that start in backyards, some that are well-worn paths branching from legal ones — that I’m less clear about.

And herein lies the problem.

Right now to the House. This bill proposes giving government entities the ability to seek reimbursement for search and rescue expenses for anyone who requires assistance after “ignoring warning signs, leaving a hiking trail to enter a prohibited area, or hiking on a trail closed to the public.” This wouldn’t affect distressed or injured law-abiding hikers.

So that injured hiker who from Haiku Stairs? Yeah, he would presumably have to pay at least half the cost of the rescue — and hopefully whatever fines he and his two friends incurred for trespassing.

But this trail is clearly marked as a closed trail. We shouldn’t have to pay for the rescue and recovery of someone who’s blatantly broken the law.

I get that accidents happen. I remember walking down a state-run trail behind a guy who had broken his ankle; his two friends were practically carrying him back to his car. Hiking can be dangerous. Heck, shopping at Target can be dangerous. You know the risks.

But I don’t think giving people who are brazen enough to break the law to hike on a trail a free ride sends the right message. You break your leg on the Makapuu Lighthouse Trail? Yes, get rescued. You’re stuck at Puu Manamana, or Couching Lion, which is clearly marked as closed? Sure, get rescued — but pay for it.

I understand the concerns both the Honolulu police and fire departments have about this bill — and why they oppose it. They worry people may not notify first responders for help and that could create a worse situation. That said, the option for help is still there; they’ll just have to pay for it. It’s like a fine or penality, and I think that’s fair.

Other States Have Similar Legislation

Hawaii isn’t the only state to introduce proposed legislation like this. Idaho, New Hampshire, Maine, Oregon, South Dakota and Vermont have similar laws allowing them to bill people for the cost of rescues in certain situations.

Last year in New Hampshire, and agreed to pay fines after a search-and-rescue team had to pluck them from an off-trail area in the White Mountains. The hikers were deemed to have no knowledge of the area or trail and were not wearing proper footwear.

What Hawaii needs to do — especially since visitors flock here to explore the outdoors — is make sure that illegal trails are marked, that travel and hiking sites aren’t promoting unsafe hikes and that everyone knows the risks involved and what it may cost if they need to be rescued.

It’s not easy to find information on hiking safety on the . You have to click on “planning,” then “safety” before you get to it. And there doesn’t seem to be any information about trail safety or closed and off-limit hikes on its .

The AllTrails platform, where lots of hikers of varying skill and experience get their trail information, lists every Oahu hike you can think of, even trails that are on private property. And while these trails are noted as closed or illegal, it allows users to post directions and helpful hints. Just last month a hiker wrote this about Haiku Stairs: “Cool hike minus the possible trouble.” And last week, another hiker posted this about Crouching Lion: “Says it is closed, but not enforced.”

Similar legislation has been introduced in previous sessions but has not been successful. It’s time to pass this bill into law.

Enforcement is challenging. And chasing down reimbursement may be tricky, too. But the message needs to be sent: Hike at your own risk, but pay — literally — the consequences, too.