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Senate version of the Kayak Safety Bill is close to passing


markskipaddle

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The Senate version of the Kayak Safety Bill is now in the committee on third reading in the House of Representatives which means that it could be very close to passing in both the House and Senate and going to the Governor to be signed.

Now is the time for you to call and e-mail your Representative and tell them to contact the Chair of the Committee On Third Reading and ask him to not release the bill from committee.

Here is a link to the Senate bill.

http://www.mass.gov/legis/bills/senate/186...pdf/ST00974.pdf

Here is a link to contact information for Rep Pedone:

http://www.mass.gov/legis/member/vap1.htm

It would also be good if you called and sent an e-mail directly to Rep Pedone's office.

The ACA has also written a letter opposing the bill. Here is a link the the ACA Letter.

http://www.paddlinginstructor.com/stuff/Ka...ts.Kafka_p2.pdf

Here is a link to what I have written on the bill.

http://www.paddleboston.com/resources/kayakbill.php

Please give me a call or e-mail if you have questions or comments.

Mark Jacobson

781-891-6575

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thanks for posting the links / attachments....

remember folks, no one is safe while the legislature is in session!

write a letter, send an email, call your rep....the last thing we need are a bunch of folks with no background and little understanding mucking about with our recreation (and livelihood for some!)

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Seems to a done deal.

Quite right Rick.

"No one's life, liberty, or property is safe while the legislature is in session." Mark Twain

Either things never change, or we have cycled back to the political climate which caused Mark Twain to make that comment.

Ed Lawson

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Now is the time for you to call and e-mail your Representative and tell them to contact the Chair of the Committee On Third Reading and ask him to not release the bill from committee.

It would also be good if you called and sent an e-mail directly to Rep Pedone's office.

Rep. Pedone's contact info is...

phone -- 617-722-2410

e-mail -- Rep.VincentPedone@hou.state.ma.us

Other Reps & Sens here, by town... http://www.mass.gov/legis/city_town.htm

The whole legislative site here... http://www.mass.gov/legis/

--David.

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Here is the e-mail I sent to my House rep. I also sent a slightly different version directly to Rep. Pedone. Obviously, it's best if you express things your own way. But please be polite, and particularly do not us libertarian or anti-legislature/government language -- it will hurt more than help.

-----------------------------------------------------------

Dear Rep. Kaufman:

I am a constituent of yours.

The Senate version of the Kayak Safety Bill, Sen #974, is now in the committee on third reading in the House of Representatives.

Please contact the Chairman, Rep. Pedone, and urge him not to release this bill from committee. It is a seriously flawed bill which will not advance the cause of paddling safety in Massachusetts, and may even set it back.

In fact, more people may die if this bill passes! Why? Because they will be discouraged from taking professional instruction, where they will learn safety measures such as the importance of wearing a PFD.

The American Canoe Association, the primary US organization for kayak and canoe safety, has written a letter opposing the bill.

http://www.paddlinginstructor.com/stuff/Ka...ts.Kafka_p2.pdf

Here is a link to a detailed analysis of the bill and its flaws.

http://www.paddleboston.com/resources/kayakbill.php

Please give me a call or e-mail if you have questions.

David Lewis

Arlington, MA

781-648-4528

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It is working! But the more the better... keep those letters and calls coming...

-----------------------------------------

Subject: kayak bills

Date: Wed, 6 Jan 2010 12:39:51 -0500

From: "Ticotsky, Charles (HOU)" <Charles.Ticotsky@state.ma.us>

To: <djlewis@...>

Hi David,

Thank you for your call and previous email. I apologize for not being in touch sooner. Our office has heard from several constituents, including yourself, on this matter, and that has truly made a difference.

Representative Kaufman shares your concerns about the Senate bill and indeed supports the House version of the bill which is being sponsored by Reps Khan and Straus. Our office has recently been in contact with the other Representatives offices regarding this bill and will be reaching out to the Chairman of the Committee on Bills in the Third Reading, Rep. Pedone, on these bills this week.

I have passed along your thoughts to him and on his behalf, I thank you for your advocacy.

Best,

Charlie

Charles Ticotsky

Legislative Director

Representative Jay R. Kaufman

Chairman, Joint Committee on Revenue

State House Room 34 Boston, MA 02133

617.722.2320

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It is working! But the more the better... keep those letters and calls coming...

-----------------------------------------

I sent an e-mail to my state rep and about an hour later I got this response :

I don’t like the bill and never have, even before I was an amateur paddler.

Harriett Stanley

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Looks like the bill will be going to conference committee with recommended language amendments made by Rep Strauss. They will then revote on it. The bill with new language be posted on the MA website soon. We still need to put the pressure on. Continue contacting your reps.

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Rick, seems like it hasn't quite passed yet, it is going to committee. We still need to put the pressure on. Contact your Reps, nows the time. They have to vote on the revised bill in the next couple of days.

A-bit confusing all this politics. It is not yet a done deal. Keep an eye on the changes that they have made to the bill on MA website. If they are not to your liking then contact your state senator or rep. The house and senate will be voting on it soon. Wouldn't hurt to contact the Speakers office either.

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Has anyone else noticed that any kayak with a cockpit and two hatches, two cockpits and a single hatch or three cockpits is technically outside the definition of a kayak in this bill? The bill specifies "a lightweight boat that: (i) is covered, except for a single or double opening in the center thereof". Given that, any boat with bow and stern hatches is not a "kayak".

Interestingly, the most traditional-kayak-shaped boat I own, my skin boat - is the only one that qualifies under the legal definition. Maybe the legislature is trying to legislate what a kayak should look like... ;)

If they claim that the hatches are "covered", then a spray skirt that "covers" the cockpit makes the entire boat "covered" and still falls outside the definition.

I wonder what their definition of "paddle" is?

For that matter, would the rather "portly" NDK boats qualify as "lightweight"? :P

This is all probably pointless - as is the legislation - as there isn't anyone to enforce it.

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This is all probably pointless - as is the legislation - as there isn't anyone to enforce it.

While you are likely correct that enforcement is a big issue, perhaps they don't expect there to be active enforcement. Rather they may enact it with the intention to establish a standard so that should an accident occur and the statute was not adhered to; then the instructor/business would essentially be automatically liable having violated the statute. Also, insurers may require representations of adhering to all such statutes as a condition of issuing a policy. Failing to do so would void the policy. Lots of hooks around in addition to traditional law enforcement to "encourage" compliance.

Ed Lawson

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