| | | organization necessary to make a determination under this | | subsection.__Notwithstanding any other provision of this section, | | the commissioner may not allow any council, troop or other | | organized local group affiliated with the corporation to conduct | | more than 2 whitewater rafting trips in any one calendar year | | without obtaining a commercial whitewater outfitter's license; or |
|
| | | 2.__Noncommercial whitewater rafting club.__A qualifying | | noncommercial whitewater rafting club.__A "qualifying | | noncommercial whitewater rafting club" is a group that collects | | dues or fees from its members and that the commissioner | | determines to be organized solely to provide noncommercial | | whitewater rafting opportunities to its members.__To be | | considered under this subsection, a club must provide to the | | commissioner the following information before January 1st of each | | year: |
|
| | | A.__A list that includes the name, legal residence and home | | telephone number of each dues-paying member of the club.__ | | That list must identify a member as the president of the | | club and must identify any other officers or board members | | of the club.__An officer or a board member of the club may | | not be a commercial whitewater outfitter or a licensed | | whitewater guide.__The commissioner may not accept more than | | one amended membership list from a club between April 1st | | and November 1st; |
|
| | | B.__A statement signed by all board members, if any, and all | | officers of the club swearing that: |
|
| | | (1)__The sole purpose of the club is to provide | | noncommercial whitewater rafting opportunities to its | | members; |
|
| | | (2)__No member of the club, including officers and | | board members, receives any form of compensation from | | the club at any time, either while a member of the club | | or afterwards; |
|
| | | (3)__The club will use its own rafting equipment, and | | all fees or dues collected from club members are used | | only to provide insurance and to purchase and maintain | | rafting equipment for use solely by the club; and |
|
| | | (4)__The club will not employ or otherwise compensate | | any person for any service relating to rafting or | | accept any gifts of products or services from any | | commercial whitewater outfitter or licensed whitewater | | guide; and |
|
|