Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 161
                                        H.D. 1
                                        S.D. 2

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


     Your Committee on Judiciary, to which was referred H.B. No.
161, H.D. 1, S.D. 1, entitled: 


begs leave to report as follows:

     The purpose of this bill is to allow state and county
governments to seek reimbursement for search and rescue
operations necessitated by a person's acting contrary to an
official warning or notice.

     Your Committee finds that when irresponsible people put
themselves or others in danger despite clear official warnings to
stay out of a hazardous area, the State or counties may be forced
to place their rescue workers in danger and spend substantial
sums to rescue those irresponsible people from the results of
their folly.  In such a situation, your Committee believes a
person responsible for the expense of a search and rescue
operation should be obligated to repay the State or county that
conducted the operation.

     Testimony on this measure was submitted by the Department of
Defense and Life of the Land.

     Upon further consideration, your Committee has amended this
measure by:

                                   STAND. COM. REP. NO. 1575
                                   Page 2

     (1)  Limiting the definition of official warnings or notices
          to warnings or notices made pursuant to chapters 127,
          128, or 209, Hawaii Revised Statutes;

     (2)  Deleting a provision limiting the places in which
          qualifying search and rescue activities could be

     (3)  Deleting a provision that would have allowed the State
          to seek reimbursement from a person's parents,
          guardian, or custodian for a search and rescue

     (4)  Limiting the circumstances under which reimbursement
          may be sought to when a person has acted contrary to an
          official warning or notice;

     (5)  Deleting as redundant a provision requiring a private
          enterprise to reimburse search and rescue expenses;

     (6)  Deleting the definition of private enterprise; and

     (7)  Making technical, non-substantive changes for the
          purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
161, H.D. 1, S.D. 1, as amended herein, and recommends that it
pass Third Reading in the form attached hereto as H.B. No. 161,
H.D. 1, S.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,

                                   AVERY B. CHUMBLEY, Co-Chair

                                   MATTHEW M. MATSUNAGA, Co-Chair