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Committee advances bill allowing residents to refuse evacuation orders and require reimbursement for rescues
Summary
House Bill 97, which would allow individuals to refuse evacuation orders and require reimbursement to agencies for rescues of persons who previously refused to evacuate, was sent to the House with a due-pass recommendation after committee discussion.
The House State Affairs Committee voted to send House Bill 97, a bill that would affirm a person's right to refuse evacuation during a declared disaster and permit agencies to seek reimbursement for rescues of people who previously refused evacuation orders, to the full House with a due-pass recommendation.
Representative Scott, sponsor of HB97, told the committee the bill amends "Chapter 10, Title 46" (disaster preparedness and response) to allow a person "to choose not to evacuate his home despite being ordered or compelled to do so pursuant to the provisions of this chapter." He said the measure places financial accountability on those who decline evacuation and later require rescue: "If they change their mind later ... they will have to reimburse [the agency] for the cost of the rescue."
Committee members raised questions about practical implementation, criminal liability, and special circumstances. Representative Nicholson asked whether those who refuse evacuation should understand they could die and whether first responders could refuse rescue later to prioritize others; Representative Scott replied that the bill "is about personal responsibility" and that criminal liability was not part of the bill as presented.
Members also asked about collection and enforcement of reimbursement. Representative DeGarth noted counties sometimes bill for rescues but have difficulty collecting from individuals who live out of county; Representative Scott said the bill does not create a specific collection mechanism and that local governments frequently develop their own approaches.
Representatives raised concerns about vulnerable populations. Representative Schumann asked whether those with Alzheimer's or other cognitive impairments would still be liable for reimbursement; Representative Scott said he expected caretakers or others responsible for such individuals would be involved and acknowledged the bill cannot foresee every scenario.
Representative Alfieri moved to send HB97 to the floor with a due-pass recommendation; the motion carried by voice vote. The committee recorded no amendments to the bill in the transcript provided. The transcript records debate on scope and equity but no committee-level fiscal estimate or enforcement mechanism was presented.
