STAND. COM. REP. NO. 1028

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 161
                                        H.D. 1
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Transportation and Intergovernmental
Affairs, to which was referred H.B. No. 161, H.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO SEARCH AND RESCUE COSTS,"

begs leave to report as follows:

     The purpose of this measure is to allow state and county
governments to seek reimbursement for the search for and rescue
of persons if the need for the search and rescue was caused by
that person:

     (1)  Violating a federal or state law, or county ordinance;
          or 

     (2)  Committing an act or omission showing wanton and
          reckless misconduct in disregard of the person's
          safety.

     Testimony in support of this measure was received from the
Department of Defense.

     Your Committee finds that the acts of irresponsible people
can cause the State and counties to unnecessarily expend
substantial sums and risk the lives of search and rescue
personnel.  This measure will hold those irresponsible
individuals liable for the search and rescue expenses incurred
when they choose to ignore the warnings, notices, and directions

 
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of state and county officials and, as a result, require search
and rescue services.

     Your Committee has amended this measure by:

     (1)  Deleting the language that made it a rebuttable
          presumption that a person being sought or rescued
          exhibited wanton and reckless misconduct in disregard
          for the person's safety if that person disregarded any
          properly posted or announced official warnings or
          notices;

     (2)  Making users of national parks, lava fields, and areas
          of active volcanic activity subject to reimbursing
          state and county governmental agencies for search and
          rescue expenses; and

     (3)  Making technical, nonsubstantive changes for purposes
          of style.

     As affirmed by the record of votes of the members of your
Committee on Transportation and Intergovernmental Affairs that is
attached to this report, your Committee is in accord with the
intent and purpose of H.B. No. 161, H.D. 1, as amended herein,
and recommends that it pass Second Reading in the form attached
hereto as H.B. No. 161, H.D. 1, S.D. 1, and be referred to the
Committee on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Transportation
                                   and Intergovernmental Affairs,



                                   ______________________________
                                   CAL KAWAMOTO, Chair

 
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