HOUSE OF REPRESENTATIVES

H.B. NO.

711

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to boating.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 200, Hawaii Revised Statutes, is amended by adding three new sections to part II to be appropriately designated and to read as follows:

"200-A Applicability. (a) This part shall apply to vessels and associated equipment used, to be used, or carried in vessels used in the waters of the State.

(b) Unless otherwise specified, this part shall not apply to:

(1) Foreign vessels temporarily using the waters of the State;

(2) Public vessels of the United States;

(3) Ships' life boats; and

(4) Other vessels exempted by the department, if federal laws and requirements permit the department to exempt the vessels.

200-B Use of noncomplying vessels prohibited. (a) No person shall use or authorize any other person to use any vessel unless the vessel is in compliance with this part and any rules adopted pursuant thereto.

(b) No person shall use a vessel, including vessels enumerated in section 200-A, in a negligent manner that endangers the life, limb, or property of any person.

200-C Release of information. (a) Any person may request from the department the vessel numbering and registration information that is retrievable from the records of the State. The department shall furnish the information:

(1) If the department is satisfied that the request is reasonable and related to boating safety; and

(2) Upon receipt of payment from the person for the cost of retrieving and furnishing the information.

(b) Boating and accident reports required under section 200-24 shall not be public records available for public inspection. However, the fact that a report has been made shall be admissible as evidence solely to demonstrate compliance with this section or any rules adopted pursuant to this part; provided that no report or any part thereof shall be admissible as evidence for any purpose in any civil or criminal trial.

(c) Boating accident reports and any information compiled therefrom may be released to law enforcement agencies and officials of the United States Coast Guard for analytical and statistical purposes."

SECTION 2. Section 200-23, Hawaii Revised Statutes, is amended by adding four new definitions to be appropriately inserted and to read as follows:

""Associated equipment" means:

(1) Any system, part, or component of a boat as originally manufactured or any similar part or component manufactured or sold for replacement, repair, or improvement of the system, part, or component;

(2) Any accessory or equipment for, or appurtenance to, a boat; and

(3) Any marine safety article, accessory, or equipment intended for use by a person on board a boat.

The term does not include radio equipment.

"Boat" means any vessel:

(1) Manufactured or used primarily for noncommercial use;

(2) Leased, rented, or chartered to another for the noncommercial use; or

(3) Engaged in the carrying of six or fewer passengers.

"Passenger" means any person carried on board a vessel other than:

(1) The owner or the owner's representative;

(2) The operator;

(3) Bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; or

(4) Any guests on board a vessel that is being used exclusively for pleasure purposes who have contributed no consideration, directly or indirectly, for their carriage.

"Use" means to operate, navigate, or employ."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Boating Laws; Federal Standards; Model State Boat Act

 

Description:

Conforms boating laws to federal standards by clarifying applicability, prohibiting the use of noncomplying vessels, and clarifying which information may be inspected as public records.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.