9/26/2016 Research skills Communication skills Helping the - PDF document

9/26/2016 • 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

9/26/2016 • Complex Program • Potential conflicts with private entities • How did this issue come to the legislator’s attention? • Fiscal impact • 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

9/26/2016 SCUBA diving means . . . • 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 Self Contained SCUBA diving means descending below the surface of a Underwater body of water while using a Breathing self-contained underwater Apparatus breathing apparatus. 3

9/26/2016 Do we need to define “body of water?” Body of water means . . . Body of water means any (1) The department shall make rules that establish the criteria for designating natural or manmade an organization as an approved accumulation of water certification organization. 4

9/26/2016 (2) The rules described in Subsection (1) shall require that the Direct the department to ensure that the rules organization: require the organization to have sufficient (a) have knowledge and expertise in SCUBA diving, consistent with industry standards; and knowledge and expertise and to provide (b) provide in-person training to ensure that an individual adequate in-person training. to whom the organization grants certification has the knowledge and skills necessary to safely engage in SCUBA diving. (3) In establishing the criteria described NAUI in Subsection (1), the department shall PADI seek input from at least two nationally recognized SCUBA certification organizations. 5

9/26/2016 (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 a class B misdemeanor to SCUBA dive if not • Make it illegal to dive if not certified certified by an approved certification organization • Make a state agency responsible to approve • Make an exception for a trainee certification programs • “Certified Instructor” means an individual • Make it illegal to provide compressed air to designated as a SCUBA instructor by an approved an individual who is not certified certification organization. 6

9/26/2016 (1) Except as provided in Subsection (2), an individual who engages in SCUBA diving is guilty of a class B misdemeanor if the AND individual is not certified by an approved certification organization to engage in OR SCUBA diving. (2) An individual described in Subsection (1) is not guilty if the individual is SCUBA diving with a certified instructor. (1) A person may not engage in SCUBA (1) A person may not engage in SCUBA diving if the person: diving if the person: (a) is not certified; ____ (a) is not certified; or (b) does not have insurance that (b) does not have insurance that covers treatment in a hyperbaric covers treatment in a hyperbaric chamber. chamber. 7

9/26/2016 (1) A person may not engage in SCUBA (1) A person may not engage in SCUBA diving unless the person: diving unless the person: (a) is certified; ____ (a) is certified; and (b) has insurance that covers (b) has insurance that covers treatment in a hyperbaric treatment in a hyperbaric chamber. chamber. Make it a class B misdemeanor to do • Make it illegal to dive if not certified either of the following: • Make a state agency responsible to approve • Give a SCUBA cylinder with pressurized air to someone who isn’t certification programs certified • Make it illegal to provide compressed air to • Add pressurized air to a SCUBA an individual who is not certified cylinder for someone who isn’t certified 8

9/26/2016 (1) A person is guilty of a class B misdemeanor “Air” if the person: • 78.09% nitrogen (a) provides a SCUBA cylinder that contains • 20.95% oxygen pressurized air to an individual who is not • 0.93% argon Air certified; or • 0.039% CO2 • (b) adds pressurized air into a SCUBA cylinder small amounts of other gases for an individual who is not certified. “Nitrox” “Trimix” Contains • Oxygen oxygen, percentage nitrogen, and increases Air Air Nitrox Nitrox Trimix helium (e.g. 32%) • Nitrogen percentage decreases 9

9/26/2016 “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

9/26/2016 Use correct terms . . . Think about how something could be misread . . . Aquatic Boat Watercraft Equipment A “revolting” man . . . Think about potential impact . . . Think about potential loopholes . . . and implementation 11

9/26/2016 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

9/26/2016 Learn from others’ mistakes . . . . . . Enjoy it! Attributions Thank you! 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 Thomas R. Vaughn 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 Office of Legislative Research & General Counsel 7. Diving Accident – Pixabay W210 House Building 8. Discussing options – SCUBA mask image courtesy of Openclipart Utah State Capitol Complex 9. SCUBA diving means – Image courtesy of Thomas R. Vaughn 10. SCUBA – openclipart.com Salt Lake City, Utah 84114 11. Girl/Puddle – Pixabay 12. PADI / NAUI – Image courtesy of Pixabay tomvaughn@le.utah.gov 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. 801-538-1032 Vaughn 13

9/26/2016 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