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2 | 2 | | HOUSE DOCKET, NO. 421 FILED ON: 1/12/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2405 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | William M. Straus |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to kayak safety. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:William M. Straus10th Bristol1/12/2023 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 421 FILED ON: 1/12/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2405 |
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18 | 18 | | By Representative Straus of Mattapoisett, a petition (accompanied by bill, House, No. 2405) of |
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19 | 19 | | William M. Straus relative to kayak safety. Public Safety and Homeland Security. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE HOUSE, NO. 2528 OF 2021-2022.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Third General Court |
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25 | 25 | | (2023-2024) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act relative to kayak safety. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 1 of chapter 90B of the General laws, as appearing in the 2016 |
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31 | 31 | | 2Official Edition, is hereby amended by inserting after the definition of “Boating accident” the |
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32 | 32 | | 3following definition:- |
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33 | 33 | | 4 “Canoe”, a narrow, light boat, the sides of which meet in a point at each end, which is |
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34 | 34 | | 5moved by 1 or more paddles. |
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35 | 35 | | 6 SECTION 2. Said section 1 of said chapter 90B, as so appearing, is hereby further |
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36 | 36 | | 7amended by inserting after the definition of “Jet skis” the following definition:- |
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37 | 37 | | 8 “Kayak”, a lightweight boat that is covered, except for a single or double opening in the |
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38 | 38 | | 9center, which is propelled by a paddle. 2 of 2 |
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39 | 39 | | 10 SECTION 3. Said section 5A of said chapter 90B, as so appearing, is hereby futher |
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40 | 40 | | 11amended by inserting in the first sentence after the word “vessel” the following:- |
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41 | 41 | | 12 “including canoes and kayaks” |
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42 | 42 | | 13 SECTION 4. Said chapter 90B is hereby further amended by inserting after section 13A |
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43 | 43 | | 14the following section:¬- |
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44 | 44 | | 15 Section 13B. Whoever holds himself out as a kayak instructor for hire shall obtain and |
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45 | 45 | | 16maintain: |
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46 | 46 | | 17 (i) first aid training approved by the department of public health; |
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47 | 47 | | 18 (ii) cardiopulmonary resuscitation training approved by the department of public health; |
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48 | 48 | | 19and |
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49 | 49 | | 20 (iii) a kayak instructor certification from the American Canoe Association, small craft |
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50 | 50 | | 21safety certification from the American Red Cross and basic water rescue or equivalent water |
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51 | 51 | | 22training. |
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52 | 52 | | 23 The instructor shall train students on the safety procedures appropriate to the level of |
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53 | 53 | | 24paddling difficulty. Wet exit training shall be required of all beginners and novice level operators |
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54 | 54 | | 25who use an attached spray skirt during any part of the kayak instructional session. For the |
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55 | 55 | | 26purposes of this section, “wet exit training” shall mean the practice of escaping from a capsized |
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56 | 56 | | 27kayak in a controlled water setting. A liability release that limits an instructor’s responsibility to |
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57 | 57 | | 28comply with this section shall be void. |
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