SB2157

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.

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 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;

(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;

(4) Raise the penalty for criminal trespass onto public parks and recreational grounds from a petty misdemeanor to a misdemeanor under certain circumstances; and

(5) Impose a fine on persons convicted of criminal trespass onto public parks and recreational grounds.

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

"§137- 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;

(2) Fines collected pursuant to section 708-814.5(4); and

(3) Private donations.

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

(2) Search and rescue training;

(3) Equipment maintenance and replacement costs; and

(4) Educational and prevention initiatives."

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

"[[]§137-2[]] Reimbursement; administrative hearing; appeal; rules. (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 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.

(d) 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:

(1) A list of itemized costs;

(2) The legal and statutory basis for reimbursement; and

(3) Information regarding available appeals and rights.

(e) 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.

(f) 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."

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.

(2) For the purposes of this section, unless the context requires otherwise:

"Law enforcement officer" has the same meaning as in section 710-1000.

"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.

(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.

(4) 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 $ ."

SECTION 5. 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.

SECTION 6. 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.

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

SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2026.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2157
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII