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

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

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9/26/2016 Research skills Communication skills Helping the legislator meet the legislators goals Common sense Drafting Subject research Current practice Legal issues Current state and federal law Law in

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9/26/2016 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
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  • 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?
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  • 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

SCUBA diving means . . .

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.

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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.

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9/26/2016 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

  • rganization:

(a) have knowledge and expertise in SCUBA diving, consistent with industry standards; and (b) 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

  • rganizations.
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9/26/2016 6 (4) The department shall designate an

  • rganization as an approved certification
  • rganization 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.

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(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.

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9/26/2016 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

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(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”

Air

  • 78.09% nitrogen
  • 20.95% oxygen
  • 0.93% argon
  • 0.039% CO2
  • small amounts
  • f other gases

“Nitrox”

Air

  • Oxygen

percentage increases (e.g. 32%)

  • Nitrogen

percentage decreases

Nitrox “Trimix”

Air

Trimix

Contains

  • xygen,

nitrogen, and helium

Nitrox

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“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
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Boat Watercraft Aquatic Equipment

Use correct terms . . .

Think about how something could be misread . . .

A “revolting” man . . .

Think about potential loopholes . . .

Think about potential impact . . . and implementation

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Take a break and come back to it . . .

Have others review your language . . .

Don’t be prideful . . .

Learn from your mistakes – and let them go . . .

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Learn from others’ mistakes . . . . . . Enjoy it! Thomas R. Vaughn

Office of Legislative Research & General Counsel W210 House Building Utah State Capitol Complex Salt Lake City, Utah 84114 tomvaughn@le.utah.gov 801-538-1032

Thank you!

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

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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