| 47 | | - | SECTION 1. The legislature finds that the advancement in technology used for vessel and watersports equipment propulsion has outpaced the State's ability to update its related laws. The legislature further finds that surfboards using motorized hydrofoil technology are reaching speed capabilities of more traditional vessel types, such as thrill craft, which can present safety concerns when motorized hydrofoil surfboards are operated in areas only intended for non-motorized and manually powered vessels and equipment. The legislature recognizes that non-motorized hydrofoils cannot reach speeds comparable to motorized hydrofoils and therefore should not be considered thrill craft under the state boating law. Therefore, the purpose of this Act is to modernize the definition of thrill craft, as used in the state boating law, and include within the term surfboards using a motorized hydrofoil. SECTION 2. Section 200-23, Hawaii Revised Statutes, is amended by amending the definition of "thrill craft" to read as follows: ""Thrill craft" means any motorized vessel [that falls into the category of personal watercraft,] designed to have the operator sit, stand, kneel, or lie upon the motorized vehicle during regular operation and which[:] is: (1) [Is generally less] Less than [thirteen] sixteen feet in length as manufactured; (2) [Is generally capable] Capable of exceeding a speed of [twenty] fifteen miles per hour; (3) [Can be] Typically designed to be operated by a single operator, but may have the capacity to carry passengers while in operation; or (4) [Is designed] Designed to provide similar operating performance [as] to a [personal watercraft] "personal watercraft", as defined in title 33 Code of Federal Regulations section 174.3, through a combination of small size, [power plant,] propulsion machinery, performance characteristics, and hull design. The term includes[,] but is not limited to[,] a jet ski, waverunner, wet bike, surf jet, miniature speed boat, hovercraft, surfboard using a motorized hydrofoil, and every description of vessel [which] that uses [an internal combustion engine] machinery powering a water jet pump as its primary source of motive propulsion[, and is designed to be operated by a person or persons sitting, standing, or kneeling on, or being towed behind the vessel]. The term shall not include any vessel that is designed for the operator and passengers to sit or stand within the hull during regular operation." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2050. |
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| 47 | + | SECTION 1. The legislature finds that the advancement in technology used for vessel and watersports equipment propulsion has outpaced the State's ability to update its related laws. The legislature further finds that surfboards using motorized hydrofoil technology are reaching speed capabilities of more traditional vessel types, such as thrill craft, which can present safety concerns when motorized hydrofoil surfboards are operated in areas only intended for non-motorized and manually powered vessels and equipment. The legislature recognizes that non-motorized hydrofoils cannot reach speeds comparable to motorized hydrofoils and therefore should not be considered thrill craft under the state boating law. Therefore, the purpose of this Act is to modernize the definition of thrill craft, as used in the state boating law, and include within the term surfboards using a motorized hydrofoil. SECTION 2. Section 200-23, Hawaii Revised Statutes, is amended by amending the definition of "thrill craft" to read as follows: ""Thrill craft" means any motorized vessel [that falls into the category of personal watercraft,] designed to have the operator sit, stand, kneel, or lie upon the motorized vehicle during regular operation, and which: (1) Is [generally] less than [thirteen] sixteen feet in length as manufactured; (2) Is [generally] capable of exceeding a speed of [twenty] fifteen miles per hour; (3) [Can be] Is typically designed to be operated by a single operator, but may have the capacity to carry passengers while in operation; or (4) Is designed to provide similar operating performance [as] to a [personal watercraft] "personal watercraft", as defined in title 33 C.F.R. section 174.3, through a combination of small size, [power plant,] propulsion machinery, performance characteristics, and hull design. The term includes[,] but is not limited to[,] a jet ski, waverunner, wet bike, surf jet, miniature speed boat, hovercraft, surfboard using a motorized hydrofoil, and every description of vessel [which] that uses [an internal combustion engine] machinery powering a water jet pump as its primary source of motive propulsion[, and is designed to be operated by a person or persons sitting, standing, or kneeling on, or being towed behind the vessel]. The term shall not include any vessel that is designed for the operator and passengers to sit or stand within the hull during regular operation." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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