Report Title:

Boating Safety; Flotation Devices

 

Description:

Requires persons 16 years of age and under to wear life preservers on vessels underway.

 

THE SENATE

S.B. NO.

271

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to boating safety.

 

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

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

"§200- Life preservers required for persons sixteen years of age and under. (a) Every person who operates a vessel on the waters of the State with a minor who is sixteen years of age or younger on board shall have the minor at all times wear a properly fitted life preserver whenever the vessel is underway.

(b) For the purposes of this section, the term "vessel" excludes surfboards, windsurfers, racing shells, rowing sculls, and racing kayaks.

(c) Any person who is guilty of violating this section shall be fined not less than $25 or more than $50 for each violation; provided that no person shall be found guilty of violating this section if a life preserver of a size to properly fit the minor is not commercially available."

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

""Life preserver" means a personal flotation device that has been approved and certified by the United States Coast Guard and capable of providing at least ninety per cent of factory-rated flotation capacity."

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:

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