REPORT TITLE: 
Search and rescue


DESCRIPTION:
Permits a government attorney to litigate the reimbursement of
part or all of the costs of a search and rescue operation. (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        161
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO SEARCH AND RESCUE COSTS.



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

 1      SECTION 1.  The legislature finds that individuals
 
 2 frequently choose to ignore or completely disregard warnings
 
 3 posted by state and county public safety and civil defense
 
 4 agencies.  There are many examples of search and rescue efforts
 
 5 in the Hawaiian islands that were required because those being
 
 6 rescued chose to ignore official warnings.  In addition to the
 
 7 high costs involved, first responders risk serious injury and
 
 8 death in often heroic efforts to save these individuals.
 
 9      The legislature further finds that state and county
 
10 governments should claim reimbursement from offenders who clearly
 
11 were warned and chose to disregard these warnings and whose
 
12 actions directly contributed to the incident.
 
13      The purpose of this Act is to permit the attorney general or
 
14 a county corporation counsel to recover part or all of the costs
 
15 of a search and rescue operation.
 
16      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
17 a new chapter to be appropriately designated and to read as
 
18 follows:
 

 
Page 2                                                     161
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 1                             "CHAPTER
 
 2                SEARCH AND RESCUE REIMBURSEMENT ACT
 
 3        -1  Definitions.  As used in this chapter, unless the
 
 4 context otherwise requires:
 
 5      "Governmental entity" means any unit of the federal, state,
 
 6 or county government that conducts or has authority to conduct
 
 7 search and rescue activities of any kind.
 
 8      "Official warnings or notices" means any and all warnings or
 
 9 notices posted on any type of sign, poster, or flyer, published
 
10 in any type of publication, or broadcast or transmitted over any
 
11 electronic means of communication including radio, television,
 
12 telephone, computer, satellite, or loudspeaker, pursuant to
 
13 chapters 127, 128, or 209.
 
14      "Search and rescue expenses" includes:
 
15      (1)  All personnel expenses incurred including any and all
 
16           hours worked, salaries, employment-related benefits,
 
17           and any other personnel costs;
 
18      (2)  All equipment expenses including actual rental or lease
 
19           expenses and a reasonable fee for use, repair, or
 
20           replacement of equipment;
 
21      (3)  All fuel expenses;
 

 
 
 
 
 
Page 3                                                     161
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 1      (4)  All expenses paid, or to be paid, to another
 
 2           governmental entity, private entity, or person for any
 
 3           assistance provided by the governmental entity, private
 
 4           entity, or person; and
 
 5      (5)  All other expenses of any kind, nature, source, or
 
 6           relationship relating to search and rescue operations.
 
 7        -2  Search and rescue costs.(a)  Whenever any
 
 8 governmental entity conducts search and rescue activities, and
 
 9 incurs any search and rescue expenses, the governmental entity
 
10 may seek reimbursement from the person or the person's estate, or
 
11 any person or entity responsible for placing the person in the
 
12 position of danger.
 
13      (b)  Reimbursement under subsection (a) shall be sought only
 
14 if the need for the search and rescue operation was caused by an
 
15 intentional act or course of action by the person contrary to an
 
16 official warning or notice.
 
17        -3  Reimbursement.(a)  Whenever any governmental
 
18 entity seeks reimbursement of any search and rescue expenses, the
 
19 governmental entity may bring an action in any court of competent
 
20 jurisdiction; provided the reimbursement sought shall not in any
 
21 case exceed the total cost incurred for the search and rescue
 
22 operation.
 

 
 
 
Page 4                                                     161
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 1      (b)  This chapter is not intended to restrict or diminish
 
 2 the right of any government entity to settle or compromise its
 
 3 rights provided in this chapter."
 
 4      SECTION 3.  This Act shall take effect upon its approval.