Bill Text: HI SB700 | 2022 | Regular Session | Amended
Bill Title: Relating To Search And Rescue.
Spectrum: Strong Partisan Bill (Democrat 14-1)
Status: (Engrossed - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [SB700 Detail]
Download: Hawaii-2022-SB700-Amended.html
THE SENATE |
S.B. NO. |
700 |
THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 2 |
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STATE OF HAWAII |
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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:
"[[]§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 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) Leaving a hiking
trail and entering state, county, or private property that is closed to the public
and marked with a sign giving reasonable notice of the closure; or
(2) Entering a hiking trail that is closed to the public and marked with a sign giving reasonable notice of the closure."
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 Statutory material to be repealed is bracketed and stricken.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 on May 6, 2137.
Report Title:
Hiking Trails; Search and Rescue; Closed to the Public; Trespassing; Penalty; Department of Land and Natural Resources
Description:
Requires government entities to seek reimbursement for all or a portion of search and rescue expenses for persons who require rescue after leaving a hiking trail to enter a prohibited area or hiking on a trail closed to the public. Effective 5/6/2137. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.