Committee sends bill allowing refusal of evacuation orders to the House floor; bill would require reimbursement for rescues

The House State Affairs Committee voted to send House Bill 97 to the full House with a due‑pass recommendation after Representative Scott explained the bill would affirm a person’s right to refuse evacuation orders issued under the State Disaster Preparedness Act while making persons who later request rescue liable for the cost of the rescue.

Representative Scott (bill sponsor) told the committee HB97 "affirms that individuals have the right to evacuate from their home, - I'm sorry, have the right to refuse to evacuate from their home even when official evacuation orders have been issued." He said the bill also requires that those who refuse and later call for rescue "must reimburse the agency for the cost of the rescue."

Committee members questioned legal and practical implications. Representative Nicholson asked whether a person who refuses evacuation would also accept that they "could die" and whether first responders could refuse later rescue to prioritize others. Scott said the bill "is about personal responsibility" and that those who later ask for rescue would be required to reimburse. Representative DeGarth raised practical concerns about billing and collection, citing local experience in Hawaii County that collecting reimbursement after rescue can be difficult when rescued people live out of county; Scott replied the bill does not set up a specific collection mechanism and counties could develop methods later.

Representative Polka asked whether law-enforcement actions such as hostage rescues or SWAT operations would be affected; Scott said the bill is limited to Title 46 (the Disaster Preparedness Act) and does not override Title 18 criminal provisions, which would control in crimes or hostage situations. Representatives also raised scenarios involving persons with dementia or other incapacity and whether caretakers would be liable; Scott said he expected caretakers or family members to act and that the bill cannot foresee every situation.

Representative Alfieri moved to send HB97 to the floor with a due-pass recommendation; the motion carried on a voice vote. The transcript records discussion but no roll-call tally. The bill adds a new section titled "Evacuation Orders and Non-Compliance" and explicitly preserves other criminal authorities; the committee did not enact a collection mechanism for reimbursements during this hearing.