Thrill Crafts

Requires thrill craft operators to complete a safety training
course and obtain certification.  Bans thrill craft use within
1,000 feet of the shoreline.  Allows citizen suits for
violations.  Requires thrill craft owners to carry liability

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 200, Hawaii Revised Statutes, is amended
 2 by adding three new sections to be appropriately designated and
 3 to read as follows:
 4      "200-    Citizen suits.  Any person residing within a one
 5 mile radius of thrill craft activity, in the person's own name,
 6 may maintain a civil action in circuit court to abate and prevent
 7 activity occurring in violation of section 200-37 and to
 8 perpetually enjoin the operator, owner, lessee, or agent of the
 9 thrill craft from directly or indirectly maintaining, operating,
10 or permitting the unlawful activity.  The petition shall not be
11 dismissed by the complainant except upon a sworn statement by the
12 complainant, setting forth the reasons why the suit should be
13 dismissed.  In any case of the failure to prosecute any suit with
14 reasonable diligence, or at the request of the complainant, the
15 court, in its discretion, may substitute any other citizen
16 consenting thereto for the complainant.
17      200-     Liability insurance required.  (a)  No person
18 shall operate or use a thrill craft anywhere in the waters of the
19 State unless the thrill craft is insured at all times under a

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 1 liability insurance policy.
 2      (b)  Every owner of a thrill craft operated in the waters of
 3 the State shall obtain a liability insurance policy upon such
 4 craft which provides the coverage required by this section and
 5 shall maintain the policy at all times during the ownership of
 6 the craft.
 7      (c)  Any person who violates this section shall be subject
 8 to section 200-25.
 9      (d)  A liability insurance policy covering a thrill craft
10 shall provide insurance to pay on behalf of the owner or any
11 operator of the thrill craft using the thrill craft with a
12 reasonable belief that the person is entitled to operate the
13 thrill craft, sums which the owner or operator may legally be
14 obligated to pay for injury, death, or damage to property of
15 others, except property owned by, being transported by, or in the
16 charge of the insured, which arise out of the ownership,
17 operation, maintenance, or use of the thrill craft.
18      (e)  A liability insurance policy shall include:
19      (1)  Liability coverage of not less than $20,000 per person,
20           with an aggregate limit of $40,000 per accident, for
21           all damages arising out of accidental harm sustained as
22           a result of any one accident and arising out of
23           ownership, maintenance, use, loading, or unloading of a

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                                     H.B. NO.           

 1           thrill craft; and
 2      (2)  Liability coverage of not less than $10,000 for all
 3           damages arising out of damage to or destruction of
 4           property and including the loss of use thereof, but not
 5           including property owned by, being transported by, or
 6           in the charge of the insured, as a result of any one
 7           accident arising out of ownership, maintenance, use,
 8           loading, or unloading, of the insured thrill craft.
 9      200-    Safety training course; certification.  The
10 department shall establish a safety training course and provide
11 certification upon completion of the course as part of the
12 operator permit process as designated in section 200-37."
13      SECTION 2.  Section 200-37, Hawaii Revised Statutes, is
14 amended as follows:
15      1.  By amending subsection (a) to read:
16      "(a)  No person shall operate a thrill craft unless the
17 person is fifteen years of age or older[.] and:
18      (1)  Completes a safety training course; and
19      (2)  Obtains certification of completion of the safety
20           training course."
21      2.  By amending subsection (c) to read:
22      "(c)  No person shall operate a thrill craft in the waters
23 of the State, except:

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                                     H.B. NO.           

 1      (1)  In areas no less than one thousand feet away from any
 2           point along the shoreline and during time periods
 3           designated by the department; and
 4      (2)  Through areas designated by the department to serve as
 5           avenues for the ingress and egress of thrill craft
 6           between the [areas] area designated under paragraph (1)
 7           and public boat ramps situated on the shore."
 8      SECTION 3.  Statutory material to be repealed is bracketed.
 9 New statutory material is underscored.
10      SECTION 4.  This Act shall take effect on July 1, 1999.
12                           INTRODUCED BY:  _______________________