THE SENATE	S.C.R. NO.	225
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

requesting the department of land and natural resources' division of boating and ocean recreation to amend Title 13, chapter 241, hawaii ADMINISTRATIVE rules, to expressly require that all vessels required to obtain insurance in the state regularly provide proof of insurance at least on an annual basis.

WHEREAS, while owning and operating a recreational vessel can provide many hours of enjoyment and a source of income, there are many responsibilities that accompany vessel operation, such as the liability for vessel accidents, grounding, or sinking; and

WHEREAS, since 2002, the Department of Land and Natural Resources' Division of Boating and Ocean Recreation (DOBOR) has expended approximately $2.37 million from the Boating Special Fund to address vessels aground, derelict vessels, and abandoned vessels in waters of the State; and

WHEREAS, the State will often bear all costs involved in removing a grounded vessel if the vessel is uninsured; and

WHEREAS, to rebalance the burden of risk, the Legislature enacted Act 94, Session Laws of Hawaii 2019 (codified as section 200-13.5, Hawaii Revised Statutes), to require certain vessel owners operating a vessel required to be registered with the State, or being operated in state ocean waters with valid documentation from the United States Coast Guard, and certain grounded vessels, to obtain vessel insurance; and

WHEREAS, pursuant to section 200-13.5, Hawaii Revised Statutes, DOBOR has implemented a process to require a vessel owner to show proof of grounding insurance when:

(1) Registering a vessel for the first time;

(2) Renewing a registration, which occurs annually;

(3) Transferring a registration; and

(4) Upon request by Division of Conservation and Resources Enforcement officers while the vessel is being operated on state waters; and

WHEREAS, although DOBOR's internal process is consistent with the purpose and intent of section 200-13.5, Hawaii Revised Statutes, it is not currently adopted under title 13, chapter 241, Hawaii Administrative Rules; now, therefore,

BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the House of Representatives concurring, that the Division of Boating and Ocean Recreation is requested to amend title 13, chapter 241, Hawaii Administrative Rules, to expressly require that all vessels required to obtain insurance in the State regularly provide proof of insurance at least on an annual basis; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources and Administrator of the Division of Boating and Ocean Recreation.

OFFERED BY:

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Report Title:

Vessel Grounding Insurance; Division of Boating and Ocean Recreation; Department of Land and Natural Resources