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THE SENATE |
S.B. NO. |
2168 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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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. 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 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 person or entity shall be liable for all or
a portion of search or rescue expenses from all applicable persons or entities
pursuant to subsection (a), if the need for the search or rescue was the result
of the person or entity:
(1) Knowingly entering state, county, or
private property that is closed to the public by competent authority for any
reason;
(2) Knowingly entering a hiking trail
that is closed to the public; or
(3) Violating applicable laws;
provided that the closure is posted by sign, barricade, or other device that gives reasonable notice of the closure.
(c) Each county shall adopt ordinances necessary to implement this section, and the state fire council shall adopt necessary rules pursuant to chapter 91, to implement this section and establish any administrative systems that may be necessary to pursue reimbursements required by this section."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
State Fire Council; Counties; Search and Rescue; Costs; Mandatory Reimbursement; Ordinances; Rules
Description:
Makes a person or entity liable for all or a portion of search or rescue expenses when the person or entity knowingly enters state, county, or private property, knowingly enters a hiking trail that is closed to the public, or violates applicable laws, provided that the closure is posted by sign, barricade, or other device that gives reasonable notice of the closure. Requires counties to adopt ordinances and the State Fire Council to adopt rules 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.