HOUSE DOCKET, NO. 1404        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2148

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Stephen Kulik

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the recovery of emergency response costs.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Stephen Kulik

1st Franklin

1/15/2015

Brian M. Ashe

2nd Hampden

10/28/2019

Michael O. Moore

Second Worcester

10/28/2019

Peter V. Kocot

1st Hampshire

10/28/2019

Leonard Mirra

2nd Essex

10/28/2019

Anne M. Gobi

Worcester, Hampden, Hampshire and Middlesex

10/28/2019


HOUSE DOCKET, NO. 1404        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2148

By Mr. Kulik of Worthington, a petition (accompanied by bill, House, No. 2148) of Stephen Kulik and others relative to the recovery of emergency response costs for search and rescue operations.  Public Safety and Homeland Security.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2159 OF 2013-2014.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act relative to the recovery of emergency response costs.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 1. Chapter 6A of the General Laws is hereby amended by inserting after Section 18K the following section:

§ 18L. Liability for Search and Rescue Response Expenses.

(a) Whenever a government entity engages in a search and 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:

(1) the person for whom the search and rescue operation was conducted; or

(2) a person who knowingly provided false information that led to a search and rescue operation.

(b) The government entity may collect an amount not greater than the total cost of search and rescue expenses.  Search and rescue expenses include, but are not limited to:

(1) any and all actual hourly wages, salaries, and employment-related benefits of persons

participating in a search or rescue operation;

(2) any and all equipment costs, including rental, lease, use, repair, and/or replacement costs of equipment used in a search or rescue operation;

(3) any and all fuel expenses incident to a search or rescue operation; and

(4) any and all other expenses relating to a search and rescue operation.

(c) A government entity may obtain reimbursement under this section only when the person for whom the search and rescue operation was conducted:

(1) recklessly or intentionally created a situation requiring an emergency response; or

(2) negligently operated a motor vehicle, boat, off highway recreational vehicle, or aircraft while under the influence of an alcoholic beverage or controlled drug and thereby proximately caused any incident resulting in a public agency response.