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:
SECTION 1. Section 137-2, Hawaii Revised Statutes, is amended to read as follows:
"[[Struck through: []]§137-2[[Struck through: ]]] 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.[Underlined: ]
[[Struck through: (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.]]
[Underlined: (b) 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:]
[Underlined: (1)] [Underlined: Knowingly entering state, county, or private property that is closed to the public by competent authority for any reason;]
[Underlined: (2)] [Underlined: Knowingly entering a hiking trail that is closed to the public; or]
[Underlined: (3)] [Underlined: Violating applicable laws;]
[Underlined: provided that the closure is posted by sign, barricade, or other device that gives reasonable notice of the closure.]
[Underlined: (c) 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.]"
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. 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.
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