CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Sullivan moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 69, line 10, delete that line

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16  and insert:

17         Section 56.  (1)  The Department of Health shall

18  establish maximum allowable levels for contaminants in

19  compressed air used for recreational sport diving in this

20  state.  In developing the standards, the department must take

21  into consideration the levels of contaminants allowed by the

22  Grade "E" Recreational Diving Standards of the Compressed Gas

23  Association.

24         (2)  The standards prescribed under this section do not

25  apply to:

26         (a)  Any person providing compressed air for his or her

27  own use.

28         (b)  Any governmental entity using a governmentally

29  owned compressed air source for work related to the

30  governmental entity.

31         (c)  Foreign registered vessels upon which a compressor

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  is used to provide compressed air for work related to the

 2  operation of the vessel.

 3         (3)  A person that, for compensation, provides

 4  compressed air for recreational sport diving in this state

 5  must ensure that air to be sold is tested quarterly by a

 6  laboratory that is certified by either the American Industrial

 7  Hygiene Association or the American Association for Laboratory

 8  Accreditation and that the results of such tests are provided

 9  quarterly to the Department of Health.

10         (4)  The Department of Health shall review the test

11  results and if test results meet the department's standards

12  for allowable levels of contaminants, it shall issue a

13  certificate to the vendor of the compressed air so stating. If

14  a sample fails to meet the department's standards for

15  allowable levels of contaminants, it must notify the vendor of

16  the compressed air of that fact.

17         (5)  A person may not, for compensation, provide

18  compressed air for recreational sport diving unless that

19  person possesses a currently valid certificate from the

20  Department of Health which evidences that the compressed air

21  meets the department's standards for allowable levels of

22  contaminants established under this section. The certificate

23  must be conspicuously posted in a location where it can

24  readily be seen by any person purchasing such compressed air.

25         (6)  The Department of Health shall establish fees

26  adequate to cover its costs of reviewing test results and

27  providing certificates, which fees may not exceed $50 a year

28  for each premises at which compressed air is provided.

29         (7)  It is unlawful for any person to provide, for

30  compensation, compressed air for recreational sport diving in

31  this state:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1         (a)  Without having a currently valid certificate from

 2  the Department of Health evidencing that the air meets the

 3  department's standards for contaminant levels.

 4         (b)  After receiving notice from the Department of

 5  Health that the person's sample of compressed air has failed

 6  to meet the department's standards for contaminant levels,

 7  until the Department of Health issues a new certificate.

 8         (8)  Any person who violates this section is liable

 9  for:

10         (a)  A civil penalty, not to exceed $500, determined by

11  the Department of Health; and

12         (b)  Any damages resulting from the violation.

13         (9)  The department shall adopt rules necessary to

14  carry out the provisions of this section, which must include:

15         (a)  Maximum allowable levels of contaminants in

16  compressed air used for sport diving.

17         (b)  Procedures for the submission of test results to

18  the department.

19         (c)  Procedures for the issuance of certificates and

20  notices that air fails to meet standards.

21         Section 57.  This act shall take effect July 1, 1999,

22  except that section 56 of this act shall take effect January

23  1, 2000.

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26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         On page 5, lines 14 and 15, delete those lines,

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30  and insert:

31         Accreditation Program; providing for standards

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1         for compressed air used in recreational sport

 2         diving; providing for testing compressed air;

 3         providing exemptions; requiring certification

 4         for certain persons providing compressed air

 5         for compensation; providing penalties;

 6         authorizing rules; providing effective dates.

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