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Senate File 95

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 95
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO WATER AND ICE VESSEL ACCIDENT REPORTS FILED
  1  5    WITH THE NATURAL RESOURCE COMMISSION OF THE DEPARTMENT
  1  6    OF NATURAL RESOURCES AND PROVIDING FOR AN EFFECTIVE
  1  7    DATE AND THE ACT'S APPLICABILITY.
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11  
  1 12    Section 1.  Section 462A.7, subsection 2, Code 1997, is
  1 13 amended to read as follows:
  1 14    2.  Whenever any vessel is involved in a collision,
  1 15 accident or casualty, except one which results only in
  1 16 property damage not exceeding one five hundred dollars, a
  1 17 report thereof shall be filed with the commission.  The report
  1 18 shall be filed by the operator of the vessel and shall contain
  1 19 such information as the commission may, by rule, require.
  1 20 Said The report shall be submitted without delay in death or
  1 21 disappearance cases and within five days in all other cases.
  1 22    Sec. 2.  Section 462A.7, subsection 4, Code 1997, is
  1 23 amended to read as follows:
  1 24    4.  a.  All reports shall be in writing, and the written
  1 25 report shall be without prejudice to the individual so
  1 26 reporting and.  A vessel operator's report shall be without
  1 27 prejudice to the person making the report and shall be for the
  1 28 confidential use of the commission department.  However, upon
  1 29 request the commission department shall disclose the
  1 30 identities of the persons on board the vessels involved in the
  1 31 occurrence and their addresses.  Upon request of a person who
  1 32 made and filed a vessel operator's report, the department
  1 33 shall provide a copy of the vessel operator's report to the
  1 34 requestor.  A written vessel operator's report filed with the
  1 35 commission department shall not be admissible in or used in
  2  1 evidence in any civil or criminal action arising out of the
  2  2 facts on which the report is based.
  2  3    b.  All written reports filed by law enforcement officers
  2  4 as required under section 462A.7, subsection 3, are
  2  5 confidential to the extent provided in section 22.7,
  2  6 subsection 5, and section 622.11.  However, a completed law
  2  7 enforcement officer's report shall be made available by the
  2  8 department or the investigating law enforcement agency to any
  2  9 party to a boating accident, collision, or other casualty, the
  2 10 party's insurance company or its agent, or the party's
  2 11 attorney on written request and payment of a fee.
  2 12    Sec. 3.  EFFECTIVE DATE – APPLICABILITY.
  2 13    1.  This Act, being deemed of immediate importance, takes
  2 14 effect upon enactment.
  2 15    2.  Section 1 of this Act applies to written reports of
  2 16 accidents involving water and ice vessel accidents occurring
  2 17 on or after the effective date of this Act.  
  2 18 
  2 19                                                             
  2 20                               MARY E. KRAMER
  2 21                               President of the Senate
  2 22 
  2 23 
  2 24                                                             
  2 25                               RON J. CORBETT
  2 26                               Speaker of the House
  2 27 
  2 28    I hereby certify that this bill originated in the Senate and
  2 29 is known as Senate File 95, Seventy-seventh General Assembly.
  2 30 
  2 31 
  2 32                                                             
  2 33                               MARY PAT GUNDERSON
  2 34                               Secretary of the Senate
  2 35 Approved                , 1997
  3  1 
  3  2 
  3  3                         
  3  4 TERRY E. BRANSTAD
  3  5 Governor
     

Text: SF00094                           Text: SF00096
Text: SF00000 - SF00099                 Text: SF Index
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