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SB2157
THE SENATE
S.B. NO.
2157
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 Hawaii is an
outdoor playground world-renowned for its beautiful hikes through lush green
forests and mountains.
�
Occasionally,
hikers
ignore
posted warning signs, intentionally leave a hiking trail, or enter property
that is closed to the public
.
�
When one of these hikers needs to be rescued,
it is government entities that bear the costs associated with the search or
rescue.
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The
legislature further finds that in response to having to pay the cost of
rescuing recreational hikers who take unnecessary risks, several states,
including Idaho, Maine, New Hampshire, Oregon, South Dakota, and Vermont, have
passed legislation that allows the state to offset the costs associated with
the search or rescue by seeking reimbursement from the rescued party.
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Accordingly,
the purpose of this Act is to:
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(1)
�
Establish
the search and rescue special fund to be administered by the department of land
and natural resources;
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(2)
�
Require government entities to seek
reimbursement for all or a portion of search and rescue expenses for persons
who knowingly enter certain property or trails or violate applicable laws;
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(3)
�
Require that, before civil recovery or
collection, the county in which a search and rescue occurred to hold an
administrative appeal hearing to allow the individual to contest the
assessment;
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(4)
�
Raise the penalty for criminal trespass
onto public parks and recreational grounds from a petty misdemeanor to a
misdemeanor under certain circumstances; and
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(5)
�
Impose
a fine on persons convicted of criminal trespass onto public parks and
recreational grounds.
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SECTION
2.
�
Chapter 137, Hawaii Revised Statutes,
is amended by adding a new section to be appropriately designated and to read
as follows:
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"
�
137-
�
Search and rescue special fund.
�
(a)
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There is established
in the state treasury the search and rescue special fund to be administered by
the department of land and natural resources.
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(b)
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The following shall be deposited into the
search and rescue special fund:
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(1)
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Appropriations from the legislature;
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(2)
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Fines collected pursuant to section
708-814.5(4); and
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(3)
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Private donations.
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(c)
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The search and rescue special fund shall be
used for the following purposes:
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(1)
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Defraying the search and rescue
expenses of a government entity;
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(2)
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Search and rescue training;
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(3)
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Equipment maintenance and
replacement costs; and
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(4)
�
Educational and prevention
initiatives.
"
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SECTION
3.
�
Section 137-2, Hawaii Revised
Statutes, is amended to read as follows:
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"[
[
]�137-2[
]
]
�
Reimbursement
; administrative hearing;
appeal; rules
.
�
(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 government entity shall seek reimbursement
for all or a portion, but not less than half, 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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Reimbursement pursuant to this section shall
not apply to a person unless the search and rescue response was caused by an
act or omission by the person that any reasonable person would consider to be
reckless.
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(d)
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The department of land and natural resources
office that is located in a county where a search and rescue occurs shall
provide written notice of cost reimbursement within ninety days of any search
and rescue incident for which recovery is requested; provided that the notice
shall include:
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(1)
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A list of itemized costs;
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(2)
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The legal and statutory basis for
reimbursement; and
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(3)
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Information regarding available appeals and
rights.
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(e)
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Before the initiation of civil recovery or
collection, the county in which the search and rescue occurred shall hold an
administrative appeal hearing to allow an individual subject to cost
reimbursement to contest the assessment; provided that the respective county
shall complete the hearing process within one hundred eighty days from the
deployment of search and rescue resources and personnel.
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(f)
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Each county shall adopt ordinances necessary
to implement this section.
�
The state
fire council shall adopt 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
4
.
�
Section
708-814.5, Hawaii Revised Statutes, is amended to read as follows:
����
"[
[
]�708-814.5[
]
]
�
Criminal trespass onto public parks and
recreational grounds.
�
(1)
�
A person commits the offense of criminal
trespass onto public parks and recreational grounds if the person remains
unlawfully in or upon a public park or recreational ground after a request to
leave is made by any law enforcement officer, when the request is based upon
violation by the person of any term of use specified on a sign or notice posted
on the property, or based on violation of any term of use contained in, or the
expiration of, any permit relating to the person's presence on the property.
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(2)
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For the purposes of this section, unless the
context requires otherwise:
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"Law
enforcement officer" has the same meaning as in section 710-1000.
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"Public
park or recreational ground" means any park, park roadway, playground,
athletic field, beach, shore, beach or shore right-of-way, tennis court, golf
course, swimming pool, or other recreational area or facility under control,
maintenance, and management of the State or any of the counties.
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(3)
�
Criminal trespass onto public parks and
recreational grounds is a petty misdemeanor[
.
]
; provided that
criminal trespass onto public parks and recreational grounds is a misdemeanor
when an offender displays intentional, repeat, or demonstrably reckless
conduct; provided further that a person who inadvertently enters a restricted
area or enters a restricted area in an act of self-preservation, to seek
immediate assistance after injury, or pursue other mitigative action shall
remain subject to a petty misdemeanor.
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(4)
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The court shall fine a person convicted of
committing the offense of criminal trespass onto public parks and recreational
grounds at least $
but not more than
$ .
"
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SECTION
5.
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There is appropriated out of the
general revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2026-2027 to be deposited into the
search and rescue special fund.
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SECTION
6.
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There is appropriated out of the search
and rescue special fund the sum of
$ or so much
thereof as may be necessary for fiscal year 2026-2027 for the purposes of this
Act.
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The
sum appropriated shall be expended by the department of land and natural
resources for the purposes of this Act.
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SECTION
7.
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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
8.
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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 9.
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This Act shall take effect on July 1, 2026.
INTRODUCED BY:
_____________________________
Report Title:
Department
of Land and Natural Resources; Hiking Trails; Search and Rescue; Search and
Rescue Special Fund; Mandatory Reimbursement; Administrative Appeal; Hearing; Counties;
Administrative Rules; Trespassing; Misdemeanor; Fines; Appropriation
Description:
Establishes the Search and Rescue Special Fund.
�
Requires government entities to seek
reimbursement 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
an administrative appeal hearing for an individual subject to cost
reimbursement to contest the assessment.
�
Requires counties and the State Fire Council to adopt ordinances or
rules as necessary to pursue reimbursements.
�
Raises the penalty for criminal trespass from a petty misdemeanor to a
misdemeanor under certain circumstances.
�
Imposes a fine on a person convicted of criminal trespass onto public
parks and recreational grounds.
�
Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.