SB 2021: State Fire Council; Counties; Search and Rescue; Costs; Mandatory Reimbursement; Ordinances; Rules

A BILL FOR AN ACT

Relating to Search and Rescue.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the State and each of its counties incur significant costs each year associated with search and rescue efforts.  Many of these search and rescue efforts are required as a result of hikers or others knowingly trespassing on government or private property that is closed to the public.  Each search and rescue mission costs thousands of dollars and puts emergency responders at risk.  The legislature believes that the State and counties should be empowered to seek appropriate reimbursement for these rescue missions that would not be necessary but for the person's violation of applicable laws.

     Accordingly, the purpose of this Act is to clarify that a person or entity shall be liable for all or a portion of search and rescue expenses in certain circumstances when the person or entity is violating applicable laws.

     SECTION 2.  Section 137-2, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§137-2[]]  Reimbursement.  (a)  Whenever any government entity engages in a search [or] and rescue operation for the purpose of searching for [or] and rescuing a person, and incurs search and rescue expenses therein, the government entity may seek reimbursement from [the following]:

     (1)  The person on whose behalf search [or] and rescue operations were conducted, including the person's estate, guardians, custodians, or other entity responsible for the person's safety;

     (2)  [A] Any person who ultimately benefited from [a] the search [or] and rescue operation by being rescued; or

     (3)  Any entity responsible for placing the person in the position of danger for which the search [or] and rescue operation was initiated.

     [(b)  Reimbursement under subsection (a) shall be allowed only if the need for search or rescue was caused by any act or omission by the person searched for or rescued, constituting intentional disregard for the person's safety, including, but not limited to, intentionally disregarding a warning or notice.]

     (b)  A person or entity from whom reimbursement is sought pursuant to subsection (a) shall be liable for the reimbursement of all, or a portion, of the search and rescue expenses if the need for the search and rescue was the result of the person or entity:

     (1)  Knowingly entering state, county, or private property that was closed to the public by a competent authority for any reason;

     (2)  Knowingly entering a hiking trail that is closed to the public; or

     (3)  Violating any other applicable laws;

provided that the closure to the public was made known by a posted sign, barricade, or other device that provided reasonable notice of the closure.

     (c)  Each county in the State shall adopt ordinances, and the state fire council shall adopt rules pursuant to chapter 91, as necessary to implement this section and to establish any administrative procedures that may be necessary to pursue the reimbursements authorized by this section."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

State Fire Council; Counties; Search and Rescue; Costs; Mandatory Reimbursement; Ordinances; Rules

Description:

Clarifies that a person or entity shall be liable for all or a portion of search and rescue expenses when the search and rescue results from the person or entity's violation of applicable laws.  Requires the State Fire Council to adopt rules, and the counties to adopt ordinances, as necessary to pursue reimbursements.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.