RELATING TO SEARCH AND RESCUE.

SB2021

THE SENATE

S.B. NO.

2021

THIRTY-THIRD LEGISLATURE, 2026

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.
�
The
legislature finds that the State and each of its counties incur significant
costs each year associated with search and rescue efforts.
�
Many of these search and rescue efforts are
required as a result of hikers or others knowingly trespassing on government or
private property that is closed to the public.
�

Each search and rescue mission costs thousands of dollars and puts
emergency responders at risk.
�
The
legislature believes that the State and counties should be empowered to seek
appropriate reimbursement for these rescue missions that would not be necessary
but for the person's violation of applicable laws.

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Accordingly, the purpose of this Act is to
clarify that a person or entity shall be liable for all or a portion of search
and rescue expenses in certain circumstances when the person or entity is
violating applicable laws.

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SECTION
2
.
�
Section 137-2, Hawaii Revised Statutes, is
amended to read as follows:

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"
[
[
]�137-2[
]
]
�

Reimbursement.
�
(a)
�
Whenever any government entity engages in a
search [
or
]
and
rescue operation for the purpose of searching for
[
or
]
and
rescuing a person, and incurs search and rescue expenses
therein, the government entity may seek reimbursement from [
the following
]:

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(1)
�
The
person on whose behalf search [
or
]
and
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)
�
[
A
]

Any
person who ultimately benefited from [
a
]
the
search [
or
]

and
rescue operation by being rescued; or

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(3)
�
Any
entity responsible for placing the person in the position of danger for which
the search [
or
]
and
rescue operation was initiated.

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[
(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.
]

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(b)
�

A person or entity from whom reimbursement is sought pursuant to
subsection (a) shall be liable for the reimbursement of all, or a portion, of the
search and rescue expenses if the need for the search and rescue was the result
of the person or entity:

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(1)
�
Knowingly
entering state, county, or private property that was closed to the public by a competent
authority for any reason;

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(2)
�
Knowingly
entering a hiking trail that is closed to the public; or

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(3)
�
Violating
any other applicable laws;

provided
that the closure to the public was made known by a posted sign, barricade, or
other device that provided reasonable notice of the closure.

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(c)
�

Each county in the State shall adopt ordinances, and the state fire
council shall adopt rules pursuant to chapter 91, as necessary to implement
this section and to establish any administrative procedures that may be necessary
to pursue the reimbursements authorized by this section.
"

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SECTION 3.
�

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 4.
�

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

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SECTION 5.
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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:

Clarifies that a person or entity shall be liable for all
or a portion of search and rescue expenses when the search and rescue results
from the person or entity's violation of applicable laws.
�
Requires the State Fire Council to adopt rules,
and the counties to adopt ordinances, 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.