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HOUSE DOCKET, NO. 339        FILED ON: 1/9/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2281


The Commonwealth of Massachusetts



William M. Straus, Kay Khan


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:

An Act relative to kayak safety.






William M. Straus

10th Bristol

SEE HOUSE, NO. 2382 OF 2007-2008.]

The Commonwealth of Massachusetts


In the Year Two Thousand and Nine



An Act relative to kayak safety.


              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1.   Section 1 of Chapter 90B of the General laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the definition of “Jet skis” the following definition: - “Kayak”, a lightweight boat that is covered, except for a single or dou ble opening in the center thereof, and is propelled by a paddle.

SECTION 2.   Said Chapter 90B is hereby further amended by inserting after section 13A the following section:-

SECTION13b. Anyone who holds himself out as a kayak instructor for hire shall ob tain and maintain:

(i)                   First aid training approved by the department of public health;

(ii)                Cardiopulmonary resuscitation training approved by the department of public health; and

(iii)              Kayak instructor certification from the American Canoe Association, American Red Cros s certification in small craft safety and basic water rescue, or equivalent water training.

The instructor shall train students on the safety procedures appropriate to the level of paddling difficulty.  Wet exit training, which is defined as the practice o f escaping from a kayak while capsized in a controlled water setting, shall be required of beginners or novice level only if a “spray skirt” is attached during any part of the kayak instructional session.

A liability release that limits an instructor’s res ponsibility to comply with this section shall be void.              

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