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Re: My take on the language


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Posted by Joel Geldin on January 15, 2010 at 07:32:52:

In Reply to: My take on the language posted by Ken Kurtis on January 14, 2010 at 16:17:20:

Ken, Thanks for bringing this up. It gives me a chance to clear up these questions for you and anyone else who's concerned. First let me point you to the most current, amended version of the bill that the Assembly is voting http://californiashipstoreefs.org/Content/Documents/Document.ashx?DocId=100197 which contains the Committee markup.

I asked Dean Rewerts, a CSTR Board Member and Chair of the CSTR Government Relations committee to help me respond to the specific points you made. He wrote:

"1. The rule is "the legislature does not act futilely". In other words, they mean something when they do it. and so does the language. Commonly, the term SCUBA, encompasses all forms of self contained diving equipment, including rebreathers. Rebreathers are a) Self contained, b) used Underwater, c) You Breathe with them, d) they are an "Apparatus". If the legislature had wanted to limit the language, they would have included the term "open circuit SCUBA"

2. The specific fee language (which is now out of the bill) only applied to "contractors, concessionaires or lessors". Dive boat operators are none of those as pertains to the government and SCUBA diving. Dive boats charge for the transportation and diving in general, not specifically for diving on a wreck/reef."

Ken, more generally, Jeff Morris who is our Counsel and Chair of the Legal and Permits Committee, along with Dean Rewerts engaged in negotiations with Assembly Member Harkey's staff, the Assembly Judiciary Committee staff and representatives from the Consumer Attorneys of California to arrive at the compromise language reflected in AB634 as it stands today. Additionally I, and other officers of CSTR have met with the State Lands Commission, Coastal Commission, and officials of County and Municipal governments to review the language and gain their support.

Thank you for continuing to observe CSTR's activities and review our efforts. Your comments help us do a better job.

If you weren't so busy being ground zero for volunteer support for the Chamber, I'd be recruiting you for our efforts. Best of luck to you and all your volunteers with Chamber Day and Chamber Eve in 2010 from everyone at CSTR. And, I still remember... This May 5th is “Sink‘o de Ship'o”

Joel



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