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.
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Harry M says
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
Beat of Hawaii says
Hi Harry.
There will be updates from the state well ahead of your travel to Maui in June. Stay tuned.
Aloha.
Julie P says
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.
John R says
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.
Skip S says
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?”
Beat of Hawaii says
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.
Mary K says
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.
Beth C. says
Following
Sean says
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?
Mike S. says
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!
Marie C says
It makes total sense for individuals that disregard signage of either no trespassing or warning of dangerous situations to be held responsible for situations they create and need rescuing from. Bravo!
Also think the state SHOULD have uniform restrictions for travel – it’s confusing enough without one county doing their own thing.
Mel P says
Regarding HB 1286: My concern with this bill is that given the risk (real or perceived) Kauai is going to argue the unified travel policy would have to conform to the most restrictive. Where Maui will argue on the opposite side.
We want nothing more than to have Hawaii be less restrictive. We want to come and patronize the islands and contribute to the economy! But, I also understand the issue of hospital capacity, etc. For this to work, the restrictions cannot be more than what Maui has already–it is difficult enough to understand and to adhere to the rules. Anything more means the islands are effectively closed to visitors (Kauai is an example).
While I love the idea of having a unified approach to travel restrictions, I am concerned if this passes, it will go more towards the Kauai side of the argument, than the Maui side. I think everyone is assuming what Hawaii government will pass will be less restrictive…I am not sure this is the case.
Here’s to hoping! Mahalo!
Jon D says
Aloha Guys-
Any best guess at the earliest 1286 could become law?
thanks
Beat of Hawaii says
Hi Jon.
We asked Saiki’s office that question and they indicated that they have no idea.
Aloha.
MarkR says
Holding people responsible for their own stupidity! What a concept, now we need work on the Hawaiian government. IE: governor and all of his cabinet.
BetT says
Agree!
Joseph k says
Thanks
AT says
Thank you for your website! I am one of the many mainlanders following HB 1286 and trying to decide if I should switch our Kauai trip on May 31 to Maui instead. On a Feb 18 phone interview, Kauai Mayor Kawakami said that Kauai will not adopt the Safe Travels program until mid-May to late-May based on the island’s vaccination schedule. Knowing how slowly everything has moved over the last year and the threat of variant strains, I am not overly optimistic plus I assume it will take the tourism industry some weeks/months to reopen. We are booked with the Grand Hyatt Kauai and it doesn’t seem like they will be joining the resort bubble program any time soon so it really depends on the Safe Travels program adoption to reopen. At this point, I feel like I’ve been planning this once in a lifetime vacation for 18 months and have had it cancelled 3 times over the past year. I am thinking it’s probably safer at this point to go with Maui? We could also try to do Oahu first and then get tested after 3 days then travel to Kauai, but for a family of 5 that seems quite expensive, disruptive and risky should anyone test positive after being on Oahu. Any advice?
Beat of Hawaii says
Hi AT.
While we’d like to think that things will resolve here at least to some degree by May 31, we concur with your thinking. It would probably be safest to plan for a Maui vacation instead.
Aloha.
Olga T says
Arizona has a similar legislation aimed at motorists who need to be rescued if they drive around signs/barricades posted “Do not enter when flooded.” The law is affectionately called the Stupid Motorist Law. (Not sure if it is strictly enforced) but it is on the books and people can be charged for their rescue if stranded. Many people do not realize Arizona is prone to flash flooding at certain times of the year. The soil is sandy and rocky in many areas and only so much rain can be absorbed at a time.
Marjorie k says
Need the bubble resorts to go away. So unfair. Noone is safe in a so called bubble. I called several just for my own information. Workers go home nightly to their families and lives. That is not keeping anyone safe in a bubble. Also you can use pools, hot tubs, health clubs ect. That is not a bubble. Constantly néw tourists are arriving. Heck. They can even eat at restaurants on the property and socialize with guests. This is obscene and should be prohibited. People would be safer at their own rentals. Or homes. Isolated for 3 days. Then retest and be on their own. Bout time someone needs to put the mayor in his place. He is not the law. He is destroying kauai.
Mike S. says
It’s just a “classy” way to gouge you even more. Cancel your trip there and go somewhere else for half the price (and a lot less stress)!
Craig R says
Thanks for the update on uniform Safe Travel legislation. Should it pass the legislature, any thoughts as to how the Governor would act upon it? He seems very non committal on tourism resumption from what we’ve seen to date but wondering what someone more familiar with the situation thinks.
Beat of Hawaii says
Hi Craig.
No, we don’t know what the governor would do. He isn’t clear about that.
Aloha.
Don K. says
Wow! Holding people responsible for their own stupidity! What a concept that should have happened years ago. And having one county in a state operating outside the rules that every other county is operating under was just plain wrong from the first beginning but somehow, someway, the governor thought that was OK.