| | | trips.__A person who violates safety restrictions established | | pursuant to this subsection commits a Class E crime. |
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| | | 2.__Order of launch.__Launch order of commercial whitewater | | outfitters on a particular river or portion of river may be | | determined and enforced by the department to protect public | | health and safety.__The department shall provide for the | | outfitters to choose, in the order of their first documented | | dates of continuous commercial operation on the particular river | | or portion of river, their preferred launch positions.__ To | | facilitate that determination, each outfitter shall submit a | | sworn affidavit to the department stating the date the outfitter | | first began continuous commercial operation. |
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| | | 3.__Whitewater Safety Committee.__The Whitewater Safety | | Committee established by Title 5, section 12004-I, subsection 70 | | shall advise the commissioner in establishing and reviewing | | safety requirements for whitewater trips, developing a safety | | information program and reviewing the safety record of whitewater | | guides and outfitters. The committee shall submit a written | | report annually on each outfitter's safety record to the | | commissioner. |
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| | | A.__The Whitewater Safety Committee is composed of 8 | | members:__2 members of the Advisory Board for the Licensing | | of Whitewater Guides designated by the board; 2 commercial | | whitewater outfitters and 2 whitewater guides designated by | | the Governor; and 2 members from the general public, one | | designated by the President of the Senate and one designated | | by the Speaker of the House of Representatives. |
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| | | B.__Terms of members of the Whitewater Safety Committee are | | for 2 years, expiring on December 31st, except that | | initially the members shall draw lots for a one-year or a 2- | | year term.__Terms must be staggered so that the term of one | | member in each category expires each year.__Members serve | | until their successors are nominated and qualified.__Members | | appointed to fill a vacancy created by the resignation, | | death or incapacity of a member shall complete the term of | | the vacancy and be eligible for reappointment. Members are | | entitled to be compensated as provided in Title 5, chapter | | 379 for no more than 4 meetings a year. |
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| | | 4.__Safety reports.__Each commercial whitewater outfitter | | shall submit safety reports on forms provided by the commissioner | | as follows: |
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| | | A.__A written report of any accident occurring in connection | | with a whitewater trip conducted by that outfitter resulting | | in the death of a person, a person's losing consciousness or |
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