Report Title:

Search and Rescue; Action to Recover Costs

Description:

Authorizes actions by the State and counties to recover the costs of search and rescue against a person whose failure to exercise reasonable care or failure to comply with the law or public safety warnings, necessitated the search and rescue.

THE SENATE

S.B. NO.

1639

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO the search and rescue reimbursement act.

 

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.]:

(1) The person failed to exercise reasonable care in carrying out the activities that necessitated the search and rescue; or

(2) The person violated laws against trespass or laws intended to protect the public safety, or disregarded warnings intended to protect the public safety.

(c) For purposes of this section, evidence of reasonable care includes:

(1) Knowledge of weather and terrain conditions, and the use of equipment appropriate thereto;

(2) The appropriate use or attempted use of locating devices and cellular telephones;

(3) Prior notification by the person to a responsible person or organization of the person's expected time of departure and return, and of the person's intended location or route of activity; and

(4) The use of maps, orienteering equipment, and trails and routes appropriate to the conditions."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________