SB2798

SECTION 1. The legislature finds that Hawaii is an outdoor playground world-renowned for its beautiful hikes through lush green forests and mountains. However, the coronavirus disease 2019 pandemic fueled a sustained surge of experienced and inexperienced hikers venturing outdoors. 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.

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.

Accordingly, the purpose of this Act is to:

(1) Establish the hike safe program and search and rescue special fund to be administered by the department of land and natural resources;

(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, exempting persons who possess a hike safe card under certain conditions; and

(3) Raises the penalty for criminal trespass from a petty misdemeanor to a misdemeanor.

SECTION 2. Chapter 137, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§137-A Hike safe card program. (a) The department of land and natural resources shall establish a hike safe card program and shall make a hike safe card available for purchase to the public. The department of land and natural resources shall adopt rules pursuant to chapter 91 to carry out the purposes of this section.

(b) The annual fee for a hike safe card shall be not less than $25 for an individual and not less than $35 for a family and shall be valid for one year from the date of purchase. All proceeds from the sale of hike safe cards shall be deposited into the search and rescue special fund established pursuant to section 137-B.

For the purposes of this subsection, "family" includes the purchaser and the purchaser's spouse and minor children, including legally adopted children or stepchildren.

§137-B Search and rescue special fund. (a) There is established in the state treasury the search and rescue special fund to be administered by the department of land and natural resources.

(b) The following shall be deposited into the search and rescue special fund:

(1) Appropriations from the legislature; and

(2) Proceeds from the sale of hike safe cards pursuant to section 137-A.

(1) Defraying the search and rescue expenses of a government entity; and

(2) Paying administrative costs related to the hike safe card program pursuant to section 137-A."

SECTION 3. Section 137-2, Hawaii Revised Statutes, is amended to read as follows:

"[[]§137-2[]] 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[.],

[~~(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.

(b) 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:

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

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

(3) Violating applicable laws; provided that the closure is posted by sign, barricade, or other device that gives reasonable notice of the closure.

(c) Reimbursement pursuant to this section shall not apply to a person, or their family as defined in section 137-A, who purchased a hike safe card pursuant to section 137-A, unless the search and rescue response was caused by an act or omission by the person or their family that any reasonable person would consider to be reckless.

(d) Each county shall adopt ordinances necessary to implement this section, and the department of labor and industrial relations 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 4. Section 708-814.5, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

"(3) Criminal trespass onto public parks and recreational grounds is a [~~petty~~] misdemeanor."

SECTION 5. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:

(1) The appropriation made in this Act is necessary to serve the public interest; and

(2) The appropriation made in this Act meets the needs addressed by this Act.

SECTION 6. 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 2024-2025 for to be deposited into the search and rescue special fund.

SECTION 7. 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 2024-2025 for the purposes of this Act.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on July 1, 2024.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2798
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII