| 47 | | - | SECTION 1. The legislature finds that many tourists who visit the State participate in watersports, such as snorkeling, scuba diving, kayaking, and surfing. There are companies that conduct commercial operations that take customers on excursions in state waters for the purpose of engaging in recreational activities. These commercial operations are required to obtain a permit from the department of land and natural resources division of boating and ocean recreation. However, the provisions for obtaining those permits do not include safety requirements, which leads to potential consumer safety issues. The legislature further finds that the number of visitors coming to Hawaii continues to grow and locations for commercial ocean recreation are more heavily used with each passing year. This situation has led to an increase in safety-related incidents over time, including a fatal boating accident off the coast of Kailua-Kona in April 2022. More stringent crew training requirements would both increase safety and ensure that companies engaging in commercial tours meet minimum requirements before charging customers. The legislature also finds that House Concurrent Resolution No. 86, H.D. 1, S.D. 1, adopted in 2015, requested the department of land and natural resources to engage stakeholders to consider adopting permitting provisions requiring employees of companies who take customers on watersport excursions to be trained in basic water safety measures. However, the legislature finds that the department of land and natural resources has not taken action in response to the provisions of the concurrent resolution. The purpose of this Act is to increase customer safety by requiring: (1) Commercial ocean operators who take customers into state waters to engage in recreational activities, such as snorkeling, scuba diving, kayaking, and surfing lessons, to have at least one individual aboard the vessel who is certified as a rescue diver or lifeguard by a nationally recognized certification organization; and (2) Each vessel that transports customers for the purpose of engaging in an activity in state waters to have a backboard, emergency oxygen, and an automated external defibrillator included in its onboard safety equipment. SECTION 2. 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- Commercial ocean operator; crew and safety requirements. (a) Each commercial ocean operator who transports customers aboard a vessel into waters of the State to engage in recreational activities, including snorkeling, scuba diving, kayaking, and surfing, shall have aboard the vessel used to transport the customers at least one individual who is certified as a rescue diver or lifeguard by a nationally recognized certification organization; provided that this subsection shall not apply to vessels inspected by the United States Coast Guard. (b) Each vessel used by a commercial ocean operator to transport customers for the purpose of engaging in any activity in waters of the State shall have a backboard, emergency oxygen, and an automated external defibrillator included in its onboard safety equipment." 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 on June 30, 3000. |
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| 47 | + | SECTION 1. The legislature finds that many tourists who visit the State participate in watersports, such as snorkeling, scuba diving, kayaking, and surfing. There are companies that conduct commercial operations that take customers on excursions in state waters for the purpose of engaging in recreation activities. These commercial operations are required to obtain a permit from the department of land and natural resources division of boating and ocean recreation. However, the provisions for obtaining those permits do not include safety requirements, which leads to potential consumer safety issues. The legislature further finds that the number of visitors coming to Hawaii continues to grow and locations for commercial ocean recreation are more heavily used with each passing year. This has led to an increase in safety-related incidents over time, including a fatal boating accident off the coast of Kailua-Kona in April of 2022. More stringent crew training requirements would both increase safety and ensure that companies engaging in commercial tours have to meet some minimum requirements before charging customers. The legislature also finds that House Concurrent Resolution No. 86, H.D. 1, S.D. 1, adopted in 2015, requested the department of land and natural resources to engage stakeholders to consider adopting permitting provisions requiring employees of companies who take customers on watersport excursions to be trained in basic water safety measures. However, the legislature finds that the department of land and natural resources has not taken action in response to the provisions of the concurrent resolution. The purpose of this Act is to increase customer safety by requiring: (1) Commercial ocean operators who take customers into state waters to engage in recreational activities such as snorkeling, scuba diving, kayaking, and surfing lessons, to have at least one individual aboard the vessel who is certified as a rescue diver or lifeguard by a nationally recognized certification organization; and (2) Each vessel that transports customers for the purpose of engaging in an activity in state waters have a backboard, emergency oxygen, and an automated external defibrillator included in its onboard safety equipment. SECTION 2. 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- Commercial ocean operator; crew and safety requirements. (a) Each commercial ocean operator who transports customers aboard a vessel into state waters to engage in recreational activities, including snorkeling, scuba diving, kayaking, and surfing, shall have aboard the vessel used to transport the customers at least one individual who is certified as a rescue diver or lifeguard by a nationally recognized certification organization; provided that this subsection shall not apply to vessels having a valid vessel safety check issued by the United States Coast Guard Auxiliary and that have at least one individual aboard the vessel who is lifeguard certified in cardio pulmonary resuscitation, use of an automated external defibrillator, and basic first aid. (b) Each vessel used by a commercial ocean operator to transport customers for the purpose of engaging in any activity in state waters shall have a backboard, emergency oxygen, and an automated external defibrillator included in its onboard safety equipment." 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 on January 1, 2024. INTRODUCED BY: _____________________________ |
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