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SB1075
THE SENATE
S.B. NO.
1075
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to search and rescue
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
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Section 137-2, Hawaii Revised Statutes, is
amended to read as follows:
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"[
[
]�137-2[
]
]
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Reimbursement.
�
(a)
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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:
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(1)
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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;
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(2)
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A person who ultimately benefited from
a search or rescue operation by being rescued; or
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(3)
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Any entity responsible for placing the
person in the position of danger for which the search or rescue operation was
initiated.
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[
(b)
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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.
]
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(b)
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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:
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(1)
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Knowingly entering state, county, or
private property that is closed to the public by competent authority for any
reason;
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(2)
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Knowingly entering a hiking trail
that is closed to the public; or
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(3)
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Violating applicable laws;
provided
that the closure is posted by sign, barricade, or other device that gives
reasonable notice of the closure.
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(c)
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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.
"
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SECTION
2.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
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SECTION
3.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION
4.
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This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
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.