REPORT TITLE: 
Search and rescue


DESCRIPTION:
Permits a government entity to seek reimbursement of the costs of
a search and rescue operation. (HB161 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        161
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

RELATING TO SEARCH AND RESCUE COSTS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that there are many
 
 2 examples of search and rescue efforts in the Hawaiian islands
 
 3 that were required because those being rescued chose to ignore
 
 4 government warnings.  In addition to the high costs involved,
 
 5 responders risk serious injury and death in often heroic efforts
 
 6 to save these individuals.
 
 7      The legislature further finds that government entities
 
 8 should claim reimbursement from persons who were warned and chose
 
 9 to disregard these warnings and whose actions caused or
 
10 contributed to the incidents giving rise to search or rescue
 
11 operations.
 
12      The purpose of this Act is to permit a government entity to
 
13 recover part or all of the costs of a search and rescue
 
14 operation.
 
15      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
16 a new chapter to be appropriately designated and to read as
 
17 follows:
 

 
 
Page 2                                                     161
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1
                                                        

 1                             "CHAPTER
 
 2                SEARCH AND RESCUE REIMBURSEMENT ACT
 
 3      �  -1  Definitions.  As used in this chapter, unless the
 
 4 context otherwise requires:
 
 5      "Government entity" means any department, unit, or agency,
 
 6 of the federal, state, or county governments.
 
 7      "Warning or notice" means any warning or notice issued by a
 
 8 government entity posted on any type of sign.
 
 9      "Search and rescue expenses" include the following expenses
 
10 incident to, and incurred by, a government entity or any person
 
11 or private entity in a search or rescue operation:
 
12      (1)  Any and all actual hourly wages, salaries, and
 
13           employment-related benefits, of persons participating
 
14           in a search or rescue operation;
 
15      (2)  Any and all equipment costs, including rental, lease,
 
16           use, repair, and/or replacement costs of equipment used
 
17           in a search or rescue operation;
 
18      (3)  Any and all fuel expenses incident to a search or
 
19           rescue operation;
 
20      (4)  Any and all other expenses relating to a search and
 
21           rescue operation.
 
22      �  -2  Reimbursement.(a)  Whenever any government entity
 
23 engages in a search or rescue operation for the purpose of
 

 
Page 3                                                     161
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1
                                                        

 1 searching for or rescuing a person, and incurs search and rescue
 
 2 expenses therein, the government entity may seek reimbursement
 
 3 from the following:
 
 4           (1)  The person on whose behalf search or rescue
 
 5                operations were conducted, including the person's
 
 6                estate, guardians, custodians, or other entity
 
 7                responsible for the person's safety;
 
 8           (2)  A person who ultimately benefited from a search or
 
 9                rescue operation by being rescued; or
 
10           (3)  Any entity responsible for placing the person in
 
11                the position of danger for which the search or
 
12                rescue operation was initiated.
 
13      (b)  Reimbursement under subsection (a) shall be allowed
 
14 only if the need for search or rescue was caused by any act or
 
15 omission by the person searched for or rescued, constituting
 
16 intentional disregard for the person's safety, including, but not
 
17 limited to, intentionally disregarding a warning or notice.
 
18      �  -3  Action.(a)  Whenever a government entity seeks
 
19 reimbursement of search and rescue expenses, including expenses
 
20 paid or owing to private persons or entities by the government
 
21 entity, in connection with a search and rescue, the government
 
22 entity may bring an action in any court of competent
 
23 jurisdiction; provided the reimbursement sought shall not in any
 

 
Page 4                                                     161
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1
                                                        

 1 case exceed the total cost incurred for the search and rescue
 
 2 operation.
 
 3      (b)  This chapter is not intended to restrict or diminish
 
 4 the right of any government entity to settle or compromise its
 
 5 rights provided in this chapter."
 
 6      SECTION 3.  This Act shall take effect upon its approval.