Bill Text: HI SB2543 | 2024 | Regular Session | Amended
Bill Title: Relating To Search And Rescue.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced - Dead) 2024-02-07 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. [SB2543 Detail]
Download: Hawaii-2024-SB2543-Amended.html
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THE SENATE |
S.B. NO. |
2543 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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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 Hawaii is an outdoor playground world-renown for its beautiful hikes through lush green forests and mountains. However, the coronavirus pandemic fueled a sustained surge of experienced and inexperienced hikers venturing outdoors. Occasionally, hikers ignore posted warning signs, intentionally leave a hiking trail, or enter property that is closed to the public. When one of these hikers needs to be rescued, it is the State that bears the burden of paying for the costs associated with the search or rescue.
The legislature further finds that in response to having to pay the cost of rescuing recreational hikers who take unnecessary risks, several states, including Idaho, Maine, New Hampshire, Oregon, South Dakota, and Vermont, have passed legislation that allows the state to offset the costs associated with the search or rescue by seeking reimbursement from the rescued party.
The purpose of this Act is to require government entities to seek reimbursement for the expenses arising from the search and rescue of persons who ignore posted warnings, leave a hiking trail to enter a prohibited area, or hike on a trail that is closed to the public.
SECTION 2. Section 137-2, Hawaii Revised Statutes, is amended to read as follows:
"[[]§137-2[]]
Reimbursement. (a) [Whenever] Subject to subsection
(b), whenever any government entity engages in a search or rescue operation
for the purpose of searching for or 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 rescue operations were conducted, including the person's estate, guardians, custodians, or other entity responsible for the person's safety;
(2) A person who ultimately benefited from a search or rescue operation by being rescued; or
(3) Any entity responsible for placing the person in the position of danger for which the search or 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 government entity shall seek reimbursement for search or rescue
expenses from all applicable persons or entities in section (a), if the need
for the search or rescue was caused by the person searched for or rescued
unreasonably disregarding their safety by:
(1) Ignoring
reasonably posted warnings;
(2) Leaving a hiking trail and entering
state, county, or private property that is closed to the public, and reasonable
notice of the closure is posted; or
(3) Entering a hiking trail that is
closed to the public and reasonable notice of the closure is posted."
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 on January 1, 2042.
Report Title:
Reimbursement; Search and Rescue; Hiking Trails; Trespassing; Closed to the Public
Description:
Requires government entities to seek reimbursement for search and rescue expenses from persons who require rescue after ignoring warning signs, leaving a hiking trail to enter a prohibited area, or hiking on a trail closed to the public. Takes effect 1/1/2042. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
