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Senate File 2

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 462A.7, subsection 2, Code 1997, is
  1  2 amended to read as follows:
  1  3    2.  Whenever any vessel is involved in a collision,
  1  4 accident or casualty, except one which results only in
  1  5 property damage not exceeding one five hundred dollars, a
  1  6 report thereof shall be filed with the commission.  The report
  1  7 shall be filed by the operator of the vessel and shall contain
  1  8 such information as the commission may, by rule, require.
  1  9 Said The report shall be submitted without delay in death or
  1 10 disappearance cases and within five days in all other cases.
  1 11    Sec. 2.  Section 462A.7, subsection 4, Code 1997, is
  1 12 amended to read as follows:
  1 13    4.  All reports shall be in writing, and the written report
  1 14 shall be without prejudice to the individual so reporting and
  1 15 shall be for the confidential use of the commission who
  1 16 submits the report.  However, upon request the commission
  1 17 shall disclose the identities of the persons on board the
  1 18 vessels involved in the occurrence and their addresses.  A
  1 19 written report filed with the commission is a public record
  1 20 and subject to examination, copying, and use as provided in
  1 21 chapter 22, except that the report shall not be admissible in
  1 22 or used in evidence in any civil or criminal action arising
  1 23 out of the facts on which the report is based.
  1 24    Sec. 3.  EFFECTIVE DATE – APPLICABILITY.
  1 25    1.  This Act, being deemed of immediate importance, takes
  1 26 effect upon enactment.
  1 27    2.  Section 1 of this Act applies to written reports of
  1 28 accidents involving water and ice vessel accidents occurring
  1 29 on or after the effective date of this Act.
  1 30    3.  Section 2 of this Act is retroactively applicable to
  1 31 January 1, 1995, for those water and ice vessel accident
  1 32 reports filed with the department of natural resources on or
  1 33 after that date.  
  1 34                           EXPLANATION
  1 35    This bill provides that written reports of accidents
  2  1 involving water or ice vessels, which are submitted to the
  2  2 natural resource commission of the department of natural
  2  3 resources, are open records and subject to public scrutiny.
  2  4 The bill also increases from $100 to $500 the threshold amount
  2  5 of property damage required before a report must be filed.
  2  6    This bill takes effect upon enactment.  Section 1 which
  2  7 requires the filing of a vessel accident report if the damage
  2  8 exceeds $500, applies to accidents occurring on or after the
  2  9 effective date of the bill.  Section 2 which makes a vessel
  2 10 accident report a public record open to public scrutiny, is
  2 11 retroactive to January 1, 1995, for those accident reports
  2 12 filed with the department of natural resources on or after
  2 13 that date.  
  2 14 LSB 1060SS 77
  2 15 tj/sc/14
     
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