STAND. COM. REP. NO.552

Honolulu, Hawaii

, 2003

RE: S.B. No. 1639

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred S.B. No. 1639 entitled:

"A BILL FOR AN ACT RELATING TO THE SEARCH AND RESCUE REIMBURSEMENT ACT,"

begs leave to report as follows:

The purpose of this measure is to specify the standard of care that must be breached before the State and counties may seek reimbursement for search and rescue operation costs from persons who fail to exercise reasonable care or fail to comply with the law or public safety warnings, thereby necessitating the search and rescue operation.

Testimony in support of this measure was submitted by the Honolulu Fire Department and the Kauai Fire Department.

Your Committee finds that although it is a priority of the State to protect the public health and safety of its citizens, the deployment of rescue personnel to aid individuals who have intentionally placed themselves in jeopardy subjects such rescue personnel to the risk of unnecessary harm. Your Committee further finds that the State should be permitted to seek reimbursement of costs associated with a search and rescue operation when an individual necessitates the operation by failing to exercise reasonable care in carrying out an activity or violates the law.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs, and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1639 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Transportation, Military Affairs, and Government Operations,

____________________________

CAL KAWAMOTO, Chair