Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2405 Compare Versions

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22 HOUSE DOCKET, NO. 421 FILED ON: 1/12/2023
33 HOUSE . . . . . . . . . . . . . . . No. 2405
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 William M. Straus
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to kayak safety.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:William M. Straus10th Bristol1/12/2023 1 of 2
1616 HOUSE DOCKET, NO. 421 FILED ON: 1/12/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 2405
1818 By Representative Straus of Mattapoisett, a petition (accompanied by bill, House, No. 2405) of
1919 William M. Straus relative to kayak safety. Public Safety and Homeland Security.
2020 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2121 SEE HOUSE, NO. 2528 OF 2021-2022.]
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Third General Court
2525 (2023-2024)
2626 _______________
2727 An Act relative to kayak safety.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. Section 1 of chapter 90B of the General laws, as appearing in the 2016
3131 2Official Edition, is hereby amended by inserting after the definition of “Boating accident” the
3232 3following definition:-
3333 4 “Canoe”, a narrow, light boat, the sides of which meet in a point at each end, which is
3434 5moved by 1 or more paddles.
3535 6 SECTION 2. Said section 1 of said chapter 90B, as so appearing, is hereby further
3636 7amended by inserting after the definition of “Jet skis” the following definition:-
3737 8 “Kayak”, a lightweight boat that is covered, except for a single or double opening in the
3838 9center, which is propelled by a paddle. 2 of 2
3939 10 SECTION 3. Said section 5A of said chapter 90B, as so appearing, is hereby futher
4040 11amended by inserting in the first sentence after the word “vessel” the following:-
4141 12 “including canoes and kayaks”
4242 13 SECTION 4. Said chapter 90B is hereby further amended by inserting after section 13A
4343 14the following section:¬-
4444 15 Section 13B. Whoever holds himself out as a kayak instructor for hire shall obtain and
4545 16maintain:
4646 17 (i) first aid training approved by the department of public health;
4747 18 (ii) cardiopulmonary resuscitation training approved by the department of public health;
4848 19and
4949 20 (iii) a kayak instructor certification from the American Canoe Association, small craft
5050 21safety certification from the American Red Cross and basic water rescue or equivalent water
5151 22training.
5252 23 The instructor shall train students on the safety procedures appropriate to the level of
5353 24paddling difficulty. Wet exit training shall be required of all beginners and novice level operators
5454 25who use an attached spray skirt during any part of the kayak instructional session. For the
5555 26purposes of this section, “wet exit training” shall mean the practice of escaping from a capsized
5656 27kayak in a controlled water setting. A liability release that limits an instructor’s responsibility to
5757 28comply with this section shall be void.