REPORT TITLE: 
Search and rescue


DESCRIPTION:
Permits a government attorney to litigate the reimbursement of
part or all of the costs of a search and rescue operation. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.161        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     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 individuals
 
 2 frequently choose to ignore or completely disregard warnings
 
 3 posted by state and county public safety and civil defense
 
 4 agencies.  There are many examples of search and rescue efforts
 
 5 in the Hawaiian islands that were required because those being
 
 6 rescued chose to ignore official warnings.  In addition to the
 
 7 high costs involved, first responders risk serious injury and
 
 8 death in often heroic efforts to save these individuals.
 
 9      The legislature also finds that state and county governments
 
10 should claim reimbursement from offenders who clearly were warned
 
11 and chose to disregard these warnings and whose actions directly
 
12 contributed to the incident.
 
13      Consequently, the purpose of this Act is to permit the
 
14 attorney general or a county corporation counsel to recover part
 
15 or all of the costs of a search and rescue operation.
 
16      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
17 a new chapter to be appropriately designated and to read as
 
18 follows:
 

 
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 1                             "CHAPTER
 
 2                SEARCH AND RESCUE REIMBURSEMENT ACT
 
 3      §  -1  Definitions.  As used in this chapter, unless the
 
 4 context otherwise requires:
 
 5      "Governmental entity" means any unit of the federal, state,
 
 6 or county government that conducts or has authority to conduct
 
 7 search and rescue activities of any kind.
 
 8      "Official warnings or notices" means any and all warnings or
 
 9 notices posted on any type of sign, poster, or flyer, published
 
10 in any type of publication, or broadcast or transmitted over any
 
11 other electronic means of communication including radio,
 
12 television, telephone, computer, satellite, loudspeaker, or any
 
13 instructions or orders given by any authorized government
 
14 official to any person or persons.
 
15      "Private enterprise" means any private individual, company,
 
16 corporation, trust, organization, or entity that conducts,
 
17 sponsors, carries on, or promotes activities in return for any
 
18 consideration.
 
19      "Search and rescue expenses" includes:
 
20      (1)  All personnel expenses incurred including any and all
 
21           hours worked, salaries, employment-related benefits,
 
22           and any other personnel costs;
 

 
 
 
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 1      (2)  All equipment expenses including actual rental or lease
 
 2           expenses and a reasonable fee for use, repair, or
 
 3           replacement of equipment;
 
 4      (3)  All fuel expenses;
 
 5      (4)  All expenses paid, or to be paid, to another
 
 6           governmental entity, private entity, or person for any
 
 7           assistance provided by the governmental entity, private
 
 8           entity, or person; and
 
 9      (5)  All other expenses of any kind, nature, source, or
 
10           relationship relating to search and rescue operations.
 
11      §  -2  Search and rescue costs.(a)  Whenever any
 
12 governmental entity conducts search and rescue activities for the
 
13 benefit of hikers, climbers, hunters, swimmers, divers, surfers,
 
14 bodyboarders, skimboarders, boaters, bungee jumpers, or other
 
15 users of wilderness areas, unpopulated forested or mountainous
 
16 recreational areas, waterways, ocean waters within this State and
 
17 the jurisdictional limits of the State, or any other property,
 
18 facility, or structure, and incurs any search and rescue
 
19 expenses, the governmental entity may in turn seek reimbursement
 
20 from the person or the person's parents, guardian, custodian,
 
21 estate, or any person, business, group, organization, or entity
 
22 responsible for the person's safety if the need for the search
 
23 and rescue operation was caused by one of the following:
 

 
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 1      (1)  Violation of any applicable federal or state law or
 
 2           county ordinance by the person; or
 
 3      (2)  Any act or omission by the person searched for or
 
 4           rescued that shows wanton and reckless misconduct in
 
 5           disregard for the person's safety.
 
 6      (b)  For the purposes of this chapter, it shall be a
 
 7 rebuttable presumption that if a person disregarded any properly
 
 8 posted or announced official warnings or notice, then the person
 
 9 being sought or rescued exhibited wanton and reckless misconduct
 
10 in disregard for the person's safety.
 
11      §  -3  Search and rescue costs stemming from any private
 
12 enterprise.  Any search and rescue expenses incurred by a
 
13 governmental entity for search and rescue efforts stemming from
 
14 any private enterprise activity conducted for consideration shall
 
15 be reimbursed by the private enterprise.
 
16      §  -4  Reimbursement.(a)  Whenever any governmental
 
17 entity seeks reimbursement of any search and rescue expenses, the
 
18 governmental entity may bring an action in any appropriate court
 
19 in the State; provided the reimbursement sought shall not in any
 
20 case exceed the total cost incurred for the rescue operation.
 
21      (b)  This chapter is not intended to restrict or diminish
 
22 the right of any government entity to settle or compromise its
 
23 rights provided herein."
 

 
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 1      SECTION 3.  This Act shall take effect upon its approval.
 
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