Whereas, whitewater rafting has become a significant outdoor sport in the State with many individuals enjoying the activity; and

Whereas, participants of whitewater rafting are exposed to potentially dangerous conditions during whitewater rafting excursions that could result in head injuries; and

Whereas, although many whitewater rafting companies provide headgear to their clients, some clients choose not to wear the headgear, increasing their exposure to head injury; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §12910, sub-§1, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §331 and affected by §422, is further amended to read:

1. Whitewater trip safety restrictions; protective headgear. The commissioner shall by rule establish safety restrictions, including requiring a commercial whitewater outfitter to provide protective headgear to its clients and requiring the outfitter to enforce the use of protective headgear for whitewater trips. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. A person who violates safety restrictions established pursuant to this subsection commits a Class E crime.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill requires the Commissioner of Inland Fisheries and Wildlife to adopt rules to require commercial whitewater outfitters to provide protective headgear to their clients and to enforce the use of the headgear.