Massachusetts 2023 2023-2024 Regular Session

Massachusetts House Bill H2405 Introduced / Bill

Filed 02/16/2023

                    1 of 1
HOUSE DOCKET, NO. 421       FILED ON: 1/12/2023
HOUSE . . . . . . . . . . . . . . . No. 2405
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
William M. Straus
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to kayak safety.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:William M. Straus10th Bristol1/12/2023 1 of 2
HOUSE DOCKET, NO. 421       FILED ON: 1/12/2023
HOUSE . . . . . . . . . . . . . . . No. 2405
By Representative Straus of Mattapoisett, a petition (accompanied by bill, House, No. 2405) of 
William M. Straus relative to kayak safety. Public Safety and Homeland Security.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2528 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to kayak safety.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Section 1 of chapter 90B of the General laws, as appearing in the 2016 
2Official Edition, is hereby amended by inserting after the definition of “Boating accident” the 
3following definition:-
4 “Canoe”, a narrow, light boat, the sides of which meet in a point at each end, which is 
5moved by 1 or more paddles.
6 SECTION 2. Said section 1 of said chapter 90B, as so appearing, is hereby further 
7amended by inserting after the definition of “Jet skis” the following definition:-
8 “Kayak”, a lightweight boat that is covered, except for a single or double opening in the 
9center, which is propelled by a paddle. 2 of 2
10 SECTION 3. Said section 5A of said chapter 90B, as so appearing, is hereby futher 
11amended by inserting in the first sentence after the word “vessel” the following:-
12 “including canoes and kayaks” 
13 SECTION 4. Said chapter 90B is hereby further amended by inserting after section 13A 
14the following section:¬-
15 Section 13B. Whoever holds himself out as a kayak instructor for hire shall obtain and 
16maintain:
17 (i) first aid training approved by the department of public health;
18 (ii) cardiopulmonary resuscitation training approved by the department of public health; 
19and
20 (iii) a kayak instructor certification from the American Canoe Association, small craft 
21safety certification from the American Red Cross and basic water rescue or equivalent water 
22training.
23 The instructor shall train students on the safety procedures appropriate to the level of 
24paddling difficulty. Wet exit training shall be required of all beginners and novice level operators 
25who use an attached spray skirt during any part of the kayak instructional session. For the 
26purposes of this section, “wet exit training” shall mean the practice of escaping from a capsized 
27kayak in a controlled water setting. A liability release that limits an instructor’s responsibility to 
28comply with this section shall be void.