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• 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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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) 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
organizations.
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(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 approvedcertification 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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(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 of other gases
“Nitrox”
Air
• Oxygen percentage increases (e.g. 32%)
• Nitrogen percentage decreases
Nitrox
“Trimix”
Air Trimix
Contains oxygen, 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 WatercraftAquatic 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
801-538-1032
Thank you!Attributions
1. Cover slide – Underwater Vector Background by webdesignhotVectoropenstock.com; Diver photo courtesy of Thomas R. Vaughn
2. Drafting well – Sea turtle image courtesy of Pixabay3. Educating yourself – Picture courtesy of Pixabay4. Issues – Lionfish image courtesy of Pixabay5. What does the sponsor want? – Shark image courtesy of Pixabay6. Legislator’s Choices – Openclipart7. Diving Accident – Pixabay8. Discussing options – SCUBA mask image courtesy of Openclipart9. SCUBA diving means – Image courtesy of Thomas R. Vaughn10. SCUBA – openclipart.com11. Girl/Puddle – Pixabay12. PADI / NAUI – Image courtesy of Pixabay13. 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 Openclipart16. Principles – Image courtesy of Pixabay17. Use correct terms – Images courtesy of Pixabay18. Think about potential loopholes – Buoy image courtesy of Pixabay; Rope images
courtesy of Thomas R. Vaughn19. Think about impact and implementation – Image courtesy of Danilo Rizzuti at
FreeDigitalPhotos.net20. Take a break and come back to it – Image courtesy of fantasista at
FreeDigitalPhotos.net21. Have others review your language – Image courtesy of stockimages at
FreeDigitalPhotos.net22. Don’t be prideful – Image courtesy of Darren Robertson at
FreeDigitalPhotos.net23. Enjoy it! – Image courtesy of Pixabay
