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Two Bills That Will Directly Impact Hawaii Visitors

Two bills are making their way through the Hawaii state legislature that caught our eye. These are uniquely important when traveling to Hawaii and for the visitor experience being here. Read on for the details of both.

Senate Bill 700 will charge violators for search and rescue.

A bill now in State Senate committees will see reimbursement for “Search or rescue operation for the purpose of searching for or rescuing a person… (when it 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.”

In simple terms, for years, huge expenditures for search and rescue have resulted from wanton disregard for warnings of imminent danger. Those have included, for example, countless rescues on Kauai near Hanakapiai Beach on the Na Pali Coast. Many stakeholders and residents have long felt that these search and rescue efforts should be paid for by those rescued. That is regardless of whether the person rescued is a resident or a visitor.

Last week, a major search and rescue effort occurred when a visitor died at Hana (Maui) during a flash flood as she was swept into the ocean. She had been warned of the flash flood but proceeded nonetheless. Access was via private land in an area that has seen frequent trespassing violations. While the death is tragic, it could have been prevented, and the County of Maui paid.

Examples of when rescue efforts would need to be paid include, “(1) Leaving a hiking trail and entering a 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.”

This Bill applies to locals too. It’s for anyone who does not obey warning notices. How it might be enforced in the ocean is not known. We think that would be the case if you enter the ocean when a beach is closed because of safety issues.

House Bill 1286 is also making its way through the legislature.

Many of you have asked for an update. This bill would provide uniformity for all of the Hawaiian Islands regarding COVID travel rules and the Hawaii Safe Travels program. At present, Kauai has opted out of the Safe Travels program with its own Kauai bubble resorts, which would be prohibited if this bill becomes law.

We spoke with the Speaker of the Hawaii House of Representatives Saiki’s office today to get the most recent update. They told us the House Finance committee would next hear the bill. That hearing should occur soon. When it is scheduled, additional testimony will be accepted. Once it has cleared the House, additional hurdles remain. There is no date set for it to go into effect should it become law.

Beat of Hawaii photo taken at Waimea Canyon on Kauai.

25 thoughts on “Two Bills That Will Directly Impact Hawaii Visitors”

  1. Thank you, we will be traveling to Maui in June for two weeks oh and do appreciate the updates as to the restrictions coronavirus. We will have both get our second shot in March. I’m hoping we do not have to get a test before coming, but will comply if need be. Thank you very much, from Harry in Boise

    1. Hi Harry.

      There will be updates from the state well ahead of your travel to Maui in June. Stay tuned.

      Aloha.

  2. Well, it’s started. Charging people for the very services we are already taxed as the people to provide. We all make mistakes in life. Do they really understand the consequences of such a proposal? How easily it can and will be misused to encourage further poverty to those that will already suffer anyways? Have we really lost so very much of our compassion in these United States? Dark days… Thank you for keeping us alight of them. Have mercy on your brothers, your sisters… One day it could be you.

  3. Aloha, Mahalo to the rescuers who risk their lives to save others. Here on the mainland at many places including Mt McKinley, people who call for rescues while engaging in dangerous adrenaline junkie exploits are charged for ALL rescue services from ambulance and firetruck to helo and repelling and spelunking.
    Also, a good idea normalizing the Covid rules, we’re worried about our trip in May. Just not sure what rules are going to be enforced when we arrive in paradise.

  4. Thanks for the heads up on these two new bills.

    Wondering if the State will notify of their rescue fee before performing the rescue or if a person just be giving the state a blanket authorization to charge any amount it wants after the fact–kind of like the Texas electric power company. Should people negotiate at the time of rescue? Should they start taking their lawyers hiking or to the beach?
    Travel Insurance might cover the cost for the rescue of a visitor. Will locals have to buy a “recreation policy?”

    1. Hi Skip.

      Thanks. We’ve heard that other places have been doing this for a long time, so hopefully, if implemented, Hawaii will draw from a broad knowledge base on how to do it.

      Aloha.

      1. I live in Michigan near a very large sand dune on Lake Michigan. Each year, the Fire Department rescues individuals who experience a medical emergency on the dunes. The township charges for rescue services for non-township residents. Presumably the tax levy assessed on the locals would be higher to cover these services for non-residents. The non-residents have not already paid taxes for these services and it does take resources away from tax paying residents should they need the services. I would be willing to bet most of the rescues in Hawaii are for non-residents.

  5. It looks like Kauai’s property taxes and hotel taxes will be drastically reduced when they start charging people in need of emergency services instead of taxpayers. You can expect the county will be able to lower their budget and pass the savings on. By the way, if a drug user become homeless do we also charge them for emergency services?

    1. Sean – no worries. Let your island keep their present policies regarding visitors and you won’t have to worry about deciding who will pay for their rescue. No one will want to go there to get gouged even more than they presently are! We used to visit Kauai every year. Went to the big island this year and are having a wonderful time. We will never go back to Kauai. Sorry for all the local residents who are suffering financially. Also feel sorry for those time share owners that are specific to Kauai- good luck dumping those things!

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