23 LC 39 3754S
H. B. 207 (SUB)
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The House Committee on Game, Fish and Parks offers the following substitute to HB
207:
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated,1
relating to general provisions relative to registration, operation, and sale of watercraft, so as2
to provide for the carrying of night visual distress signals upon coastal waters of this state3
during certain hours; to provide for the carrying of such signals by vessels of a certain size;4
to provide for duty of operator upon involvement in an accident, collision, or other casualty;5
to provide for contents of accident reports; to update the reference date to department rules6
and regulations relating to criminal violations relating to registration, operation, and sale of7
watercraft; to provide for related matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to11
general provisions relative to registration, operation, and sale of watercraft, is amended in12
Code Section 52-7-8, relating to classification of vessels and required equipment, by revising13
subsections (e) and (f) as follows:14 23 LC 39 3754S
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"(e) All vessels, when operated upon the coastal waters of the state between the hours of15
sunset and sunrise shall carry the United States Coast Guard approved night visual distress16
signal. If a pyrotechnic visual distress signal is carried, a minimum of three unexpired17
visual distress signals shall be carried in the vessel. Pyrotechnic night visual distress18
signals are handheld red flare distress signals, parachute red flare distress signals with19
launcher, hand-held rocket-propelled rocket propelled parachute red flare distress signals,20
or red aerial pyrotechnic flare. Nonpyrotechnic nighttime visual distress signals include21
one electric distress light meeting the standards of 46 C.F.R. Subpart 161.013. One electric22
distress light shall meet the nighttime requirement.23
(f) All vessels, except recreational vessels that are less than 16 feet in length,24
nonmotorized open sailboats that are less than 26 feet in length, and manually propelled25
vessels, when operated upon the coastal waters of the state between the hours of sunrise26
and sunset shall carry the United States Coast Guard approved daytime visual distress27
signals. Pyrotechnic daytime visual distress signals include all night visual distress signals,28
as well as floating orange smoke distress signals and hand-held orange smoke distress29
signals. Nonpyrotechnic daytime visual distress signals include an orange flag meeting the30
standards of 46 C.F.R. Subpart 160.072. One orange flag shall meet the daytime only31
requirement."32
SECTION 2.33
Said article is further amended by revising Code Section 52-7-14, relating to collisions,34
accidents, and casualties and salvage rights, as follows:35
"52-7-14.36
(a) Duty to render assistance and identify vessel and self. It shall be the duty of the37
operator of a vessel involved in a collision, accident, or other casualty, so far as he can do38
so without serious danger to his own vessel, crew, and passengers, to render to other39
persons affected by the collision, accident, or other casualty such assistance as may be40 23 LC 39 3754S
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practicable and as may be necessary in order to save them from or minimize any danger41
caused by the collision, accident, or other casualty and also to give his name, address, and42
identification of his vessel in writing to any person injured and to the owner of any43
property damaged in the collision, accident, or other casualty.44
(1) The operator of any vessel involved in an accident, collision, or other casualty shall45
immediately stop such vessel at the scene of the accident, collision, or other casualty or46
shall stop as close thereto as possible and forthwith return to the scene and shall:47
(A) Give his or her name and address and the registration of the vessel he or she is48
operating to the person struck, the operator or passenger of the vessel collided with, or49
any person attending to the vessel struck;50
(B) Upon request and if it is available, exhibit his or her driver's license or government51
issued identification to the person struck, the operator or passenger of the vessel52
collided with, or any person attending to the vessel struck;53
(C) Render to any person injured in accident, collision, or other casualty reasonable54
assistance, so far as he or she can do so without serious danger to his or her own vessel,55
crew, and passengers, including the transporting, or the making of arrangements for the56
transporting, of such person to a physician, surgeon, or hospital for medical or surgical57
treatment if it is apparent that such treatment is necessary or if such transporting is58
requested by the injured person; and59
(D) When a person involved in such accident, collision, or other casualty is60
unconscious, appears deceased, is otherwise unable to communicate, or has61
disappeared, immediately notify emergency medical services and local law enforcement62
of the accident, collision, or other casualty and give his or her name and address and the63
registration of the vessel he or she is operating for the purpose of reporting the accident,64
collision, or other casualty and making a request for assistance.65
(2) The vessel operator shall, in every event, shall remain at the scene of the accident,66
collision, or other casualty until fulfilling the requirements of this subsection; provided,67 23 LC 39 3754S
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however, that when the operator is unable to notify emergency medical services or local68
law enforcement from the scene, the operator shall be authorized to leave the scene in69
order to make such notification after fulfilling the other requirements of this subsection.70
(3) When an accident, collision, or other casualty is the proximate cause of death,71
disappearance, or injury that requires medical treatment, any person who knowingly fails72
to stop and comply with the requirements of this subsection shall be guilty of a felony73
and, upon conviction thereof, shall be punished by imprisonment for not less that one nor74
more than five years.75
(b) Good Samaritan clause. Any person complying with subsection (a) of this Code76
section who gratuitously and in good faith renders assistance at the scene of a vessel77
collision, an accident, collision, or other casualty without the objection of any person78
assisted, shall not be held liable for any civil damages as a result of the rendering of79
assistance or for any act of assistance in providing or arranging salvage towage, medical80
treatment, or other assistance if the assisting person acts as a reasonably prudent man81
individual would have acted under the same or similar circumstances.82
(c) Accident reports required.83
(1) All boating accidents must be reported to the department within 48 hours of the84
accident if:85
(A) A person dies within 24 hours as a result of the accident;86
(B) A person is disabled for more than 24 hours;87
(C) A person requires medical treatment for injuries;88
(D) A person disappears from a vessel.89
(2) Reports of reportable boating accidents must be made within five days if not earlier90
required by paragraph (1) of this subsection.91
(3) Accident reports must be on forms supplied by the department, which must be filled92
out in their entirety and dated and signed by the person submitting the report. Such93
reports shall be filed by the operator or, if no operator, by the owner of any vessel94 23 LC 39 3754S
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involved in the boating accident. If the operator or owner is incapable of making the95
report, the investigating officer shall submit the report. Reports must contain at a96
minimum the following information:97
(A) The name, address, and telephone number of each operator of each vessel98
involved;99
(B) The number and name of each vessel involved;100
(C) The name, address, and telephone number of each owner of each vessel involved;101
(D) The name of the nearest city or town, the county, the state, and the body of water102
on which the accident occurred;103
(E) The location of the accident on the water;104
(F) The time and date of the accident;105
(G) Visibility, weather, and water conditions;106
(H) The age, date of birth, vessel operating experience, and boat safety training of the107
operator making the report;108
(I) The number of persons on board or towed on skis by each vessel;109
(J) The name, address, and date of birth of each person fatally injured;110
(K) The cause of death of each;111
(L) The name and address of each owner of property, other than vessels or boats,112
involved;113
(M) The availability and use of personal flotation devices;114
(N) The type of fire extinguisher used;115
(O) The nature and extent of each injury resulting from the accident;116
(P) A description of all property and vessel damage within an estimated cost of repairs;117
(Q) A description of any equipment failures that caused or contributed to the accident;118
(R) A description of the accident;119
(S) An opinion of the cause of the accident; and120 23 LC 39 3754S
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(T) The make, model, type, hull identification number, beam width, length, horsepower121
and type of motor, and hull material of the reporting operator's vessel, and the year it122
was built.123
(4)(A)(1) As used in this paragraph, the term 'medical facility' means any licensed124
general or specialized hospital, institutional infirmary, public health center, or diagnostic125
and treatment center. The term also includes, without being limited to, any building or126
facility, not under the operation or control of a hospital, which is primarily devoted to the127
provision of surgical treatment to patients not requiring hospitalization and which is128
classified by the Department of Community Health as an ambulatory surgical treatment129
center.130
(B)(2) Any:131
(i)(A) Physician, including any doctor of medicine licensed to practice under the laws132
of this state;133
(ii)(B) Licensed registered nurse employed by a medical facility;134
(iii)(C) Security personnel employed by a medical facility; or135
(iv)(D) Other personnel employed by a medical facility whose employment duties136
involve the care and treatment of patients therein137
having cause to believe that a patient has had physical injury or injuries inflicted upon138
him or her as a result of a reportable boating accident or accident, collision, or other139
casualty shall report or cause reports to be made in accordance with this paragraph.140
(C)(3) An oral report shall be made immediately by telephone or otherwise and shall be141
followed by a report in writing, if requested, to the person in charge of the medical142
facility or his or her designated delegate. The person in charge of the medical facility or143
his or her designated delegate shall then notify the local law enforcement agency having144
primary jurisdiction in the area in which the medical facility is located of the contents of145
the report. The report shall contain the name and address of the patient, the nature and146
extent of the patient's injuries, and any other information that the reporting person147 23 LC 39 3754S
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believes might be helpful in establishing the cause of the injuries and the identity of the148
perpetrator.149
(D)(4) Notwithstanding any other provision of law, copies of medical records relating150
to the treatment of such patient shall be furnished to the investigatory law enforcement151
officer of the department, or any local, state, or federal law enforcement agency upon152
receipt of a written request or subpoena issued by such law enforcement agency or the153
prosecuting attorney having jurisdiction over such accident, collision, or other casualty.154
Such medical records shall be handled in a manner which assures the confidentiality of155
such records.156
(E)(5) Any person or persons participating in the making of a report or causing a report157
to be made to the appropriate police authority pursuant to this paragraph or participating158
in any judicial proceeding or any other proceeding resulting therefrom shall in so doing159
be immune from any civil liability that might otherwise be incurred or imposed,160
providing such participation pursuant to this paragraph shall be in good faith.161
(d) Salvage rights. Any person who fails to salvage any vessel within 12 months after its162
sinking shall forfeit his or her ownership to the vessel and thereafter any person may163
salvage and claim the vessel.164
(e) Official authority. Any officer empowered to enforce this article shall have the165
authority to stop, board, and detain any vessel involved in a reportable boating accident or166
accident, collision, or other casualty and to continue the detention of such vessel if167
necessary for evidentiary purposes for such reasonable period of time as such necessity168
continues."169
SECTION 3.170
Said article shall be further amended in Code Section 52-7-26, relating to penalty, by revising171
subsection (a) as follows:172 23 LC 39 3754S
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"(a) Except as otherwise provided in this article, any person who violates this article or any173
rule or regulation promulgated hereunder shall be guilty of a misdemeanor. For purposes174
of establishing criminal violations of the rules and regulations promulgated by the board175
as provided in this article, the term 'rules and regulations' means those rules and regulations176
of the board in force and effect on January 1, 2022 2023."177
SECTION 4.178
All laws and parts of laws in conflict with this Act are repealed.179