9/26/2016. Research skills Communication skills Helping the legislator meet the legislator s goals Common sense Drafting

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1 Research skills Communication skills Helping the legislator meet the legislator s goals Common sense Drafting Subject research Current practice Legal issues Current state and federal law Law in other states 1

2 Complex Program Potential conflicts with private entities Fiscal impact How did this issue come to the legislator s attention? Is there a group or person the legislator would like you to work with? Explain current regulation Make it illegal to dive without certification? Only regulate the organizations that certify? Make it illegal to provide compressed air without certification? Limit restrictions to juveniles? 2

3 Make it illegal to dive if not certified SCUBA diving means... Make a state agency responsible to approve certification programs Make it illegal to provide compressed air to an individual who is not certified Self Contained Underwater Breathing Apparatus SCUBA diving means descending below the surface of a body of water while using a self-contained underwater breathing apparatus. 3

4 Do we need to define body of water? Body of water means... Body of water means any natural or manmade accumulation of water (1) The department shall make rules that establish the criteria for designating an organization as an approved certification organization. 4

5 Direct the department to ensure that the rules require the organization to have sufficient knowledge and expertise and to provide adequate in-person training. (2) The rules described in Subsection (1) shall require that the organization: (a) (b) have knowledge and expertise in SCUBA diving, consistent with industry standards; and provide in-person training to ensure that an individual to whom the organization grants certification has the knowledge and skills necessary to safely engage in SCUBA diving. NAUI PADI (3) In establishing the criteria described in Subsection (1), the department shall seek input from at least two nationally recognized SCUBA certification organizations. 5

6 (4) The department shall designate an organization as an approved certification organization if the organization: (a) applies for the designation; and (b) complies with the requirements established by the department under Subsection (1). Make it illegal to dive if not certified Make a state agency responsible to approve certification programs Make it illegal to provide compressed air to an individual who is not certified Make it a class B misdemeanor to SCUBA dive if not certified by an approved certification organization Make an exception for a trainee Certified Instructor means an individual designated as a SCUBA instructor by an approved certification organization. 6

7 (1) Except as provided in Subsection (2), an individual who engages in SCUBA diving is guilty of a class B misdemeanor if the individual is not certified by an approved certification organization to engage in SCUBA diving. (2) An individual described in Subsection (1) is not guilty if the individual is SCUBA diving with a certified instructor. AND OR (1) A person may not engage in SCUBA diving if the person: (a) is not certified; (b) does not have insurance that covers treatment in a hyperbaric chamber. (1) A person may not engage in SCUBA diving if the person: (a) is not certified; or (b) does not have insurance that covers treatment in a hyperbaric chamber. 7

8 (1) A person may not engage in SCUBA diving unless the person: (a) is certified; (b) has insurance that covers treatment in a hyperbaric chamber. (1) A person may not engage in SCUBA diving unless the person: (a) is certified; and (b) has insurance that covers treatment in a hyperbaric chamber. Make it illegal to dive if not certified Make a state agency responsible to approve certification programs Make it illegal to provide compressed air to an individual who is not certified Make it a class B misdemeanor to do either of the following: Give a SCUBA cylinder with pressurized air to someone who isn t certified Add pressurized air to a SCUBA cylinder for someone who isn t certified 8

9 (1) A person is guilty of a class B misdemeanor if the person: (a) provides a SCUBA cylinder that contains pressurized air to an individual who is not certified; or (b) adds pressurized air into a SCUBA cylinder for an individual who is not certified. Air 78.09% nitrogen 20.95% oxygen 0.93% argon 0.039% CO2 small amounts of other gases Air Nitrox Trimix Oxygen percentage increases (e.g. 32%) Nitrogen percentage decreases Air Nitrox Contains oxygen, nitrogen, and helium Air Nitrox Trimix 9

10 Air means: Air means: (a) oxygen; or (b) a combination of gases that includes oxygen. Use consistent terms... Officer/Official Implement/Adopt Review/Consider Factors/Criteria Person/Individual 10

11 Use correct terms... Boat Watercraft Aquatic Equipment Think about how something could be misread... A revolting man... Think about potential loopholes... Think about potential impact... and implementation 11

12 Have others review your language... Take a break and come back to it... Learn from your mistakes and let them go... Don t be prideful... 12

13 Learn from others mistakes Enjoy it! Thank you! Thomas R. Vaughn Office of Legislative Research & General Counsel W210 House Building Utah State Capitol Complex Salt Lake City, Utah Attributions 1. Cover slide Underwater Vector Background by webdesignhot Vectoropenstock.com; Diver photo courtesy of Thomas R. Vaughn 2. Drafting well Sea turtle image courtesy of Pixabay 3. Educating yourself Picture courtesy of Pixabay 4. Issues Lionfish image courtesy of Pixabay 5. What does the sponsor want? Shark image courtesy of Pixabay 6. Legislator s Choices Openclipart 7. Diving Accident Pixabay 8. Discussing options SCUBA mask image courtesy of Openclipart 9. SCUBA diving means Image courtesy of Thomas R. Vaughn 10. SCUBA openclipart.com 11. Girl/Puddle Pixabay 12. PADI / NAUI Image courtesy of Pixabay 13. Missing Provisions Diver image courtesy of openclipart; Underwater Vector Background by webdesignhot, Vectoropenstock.com; Treasure image courtesy of 14. Stuart Miles at FreeDigitalPhotos.net; Flashlight image courtesy of Thomas R. Vaughn 13

14 Attributions Cont d 15. Air, Nitrox, Trimix SCUBA cylinder images courtesy of Openclipart 16. Principles Image courtesy of Pixabay 17. Use correct terms Images courtesy of Pixabay 18. Think about potential loopholes Buoy image courtesy of Pixabay; Rope images courtesy of Thomas R. Vaughn 19. Think about impact and implementation Image courtesy of Danilo Rizzuti at FreeDigitalPhotos.net 20. Take a break and come back to it Image courtesy of fantasista at FreeDigitalPhotos.net 21. Have others review your language Image courtesy of stockimages at FreeDigitalPhotos.net 22. Don t be prideful Image courtesy of Darren Robertson at FreeDigitalPhotos.net 23. Enjoy it! Image courtesy of Pixabay 14