| 5 | 5 | | By: Representatives Rhodes of the 124 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Corbett of the 174 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Ridley of the 6 |
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| 10 | 10 | | th |
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| 11 | 11 | | , Williams of |
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| 12 | 12 | | the 148 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and LaHood of the 175 |
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| 15 | 15 | | th |
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| 16 | 16 | | |
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| 17 | 17 | | A BILL TO BE ENTITLED |
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| 18 | 18 | | AN ACT |
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| 19 | 19 | | To amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, |
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| 20 | 20 | | 1 |
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| 21 | 21 | | relating to general provisions relative to registration, operation, and sale of watercraft, so as2 |
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| 22 | 22 | | to provide for the carrying of night visual distress signals upon coastal waters of this state3 |
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| 23 | 23 | | during certain hours; to provide for the carrying of such signals by vessels of a certain size;4 |
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| 24 | 24 | | to provide for duty of operator upon involvement in an accident, collision, or other casualty;5 |
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| 25 | 25 | | to provide for contents of accident reports; to update the reference date to department rules6 |
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| 26 | 26 | | and regulations relating to criminal violations relating to registration, operation, and sale of7 |
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| 27 | 27 | | watercraft; to provide for related matters; to repeal conflicting laws; and for other purposes.8 |
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| 28 | 28 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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| 29 | 29 | | SECTION 1.10 |
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| 30 | 30 | | Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to11 |
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| 31 | 31 | | general provisions relative to registration, operation, and sale of watercraft, is amended in12 |
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| 32 | 32 | | Code Section 52-7-8, relating to classification of vessels and required equipment, by revising13 |
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| 33 | 33 | | subsections (e) and (f) as follows:14 |
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| 34 | 34 | | "(e) All vessels, when operated upon the coastal waters of the state |
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| 35 | 35 | | between the hours of15 |
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| 38 | 38 | | - 2 - |
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| 39 | 39 | | signal. If a pyrotechnic visual distress signal is carried, a minimum of three unexpired |
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| 40 | 40 | | 17 |
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| 41 | 41 | | visual distress signals shall be carried in the vessel. Pyrotechnic night visual distress18 |
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| 42 | 42 | | signals are handheld red flare distress signals, parachute red flare distress signals with19 |
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| 43 | 43 | | launcher, hand-held rocket-propelled |
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| 44 | 44 | | rocket propelled parachute red flare distress signals,20 |
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| 45 | 45 | | or red aerial pyrotechnic flare. Nonpyrotechnic nighttime visual distress signals include21 |
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| 46 | 46 | | one electric distress light meeting the standards of 46 C.F.R. Subpart 161.013. One electric22 |
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| 47 | 47 | | distress light shall meet the nighttime requirement.23 |
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| 48 | 48 | | (f) All vessels, except recreational vessels that are less than 16 feet in length,24 |
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| 49 | 49 | | nonmotorized open sailboats that are less than 26 feet in length, and manually propelled25 |
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| 50 | 50 | | vessels, when operated upon the coastal waters of the state between the hours of sunrise26 |
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| 51 | 51 | | and sunset shall carry the United States Coast Guard approved daytime visual distress27 |
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| 52 | 52 | | signals. Pyrotechnic daytime visual distress signals include all night visual distress signals,28 |
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| 53 | 53 | | as well as floating orange smoke distress signals and hand-held orange smoke distress29 |
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| 54 | 54 | | signals. Nonpyrotechnic daytime visual distress signals include an orange flag meeting the30 |
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| 55 | 55 | | standards of 46 C.F.R. Subpart 160.072. One orange flag shall meet the daytime only31 |
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| 56 | 56 | | requirement."32 |
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| 57 | 57 | | SECTION 2.33 |
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| 58 | 58 | | Said article is further amended by revising Code Section 52-7-14, relating to collisions,34 |
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| 59 | 59 | | accidents, and casualties and salvage rights, as follows:35 |
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| 60 | 60 | | "52-7-14.36 |
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| 61 | 61 | | (a) Duty to render assistance and identify vessel and self. It shall be the duty of the37 |
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| 62 | 62 | | operator of a vessel involved in a collision, accident, or other casualty, so far as he can do38 |
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| 63 | 63 | | so without serious danger to his own vessel, crew, and passengers, to render to other39 |
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| 64 | 64 | | persons affected by the collision, accident, or other casualty such assistance as may be40 |
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| 65 | 65 | | practicable and as may be necessary in order to save them from or minimize any danger41 |
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| 68 | 68 | | - 3 - |
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| 69 | 69 | | identification of his vessel in writing to any person injured and to the owner of any43 |
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| 70 | 70 | | property damaged in the collision, accident, or other casualty.44 |
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| 71 | 71 | | (1) The operator of any vessel involved in an accident, collision, or other casualty shall45 |
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| 72 | 72 | | immediately stop such vessel at the scene of the accident, collision, or other casualty or46 |
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| 73 | 73 | | shall stop as close thereto as possible and forthwith return to the scene and shall:47 |
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| 74 | 74 | | (A) Give his or her name and address and the registration of the vessel he or she is48 |
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| 75 | 75 | | operating to the person struck, the operator or passenger of the vessel collided with, or49 |
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| 76 | 76 | | any person attending to the vessel struck;50 |
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| 77 | 77 | | (B) Upon request and if it is available, exhibit his or her driver's license or government51 |
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| 78 | 78 | | issued identification to the person struck, the operator or passenger of the vessel52 |
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| 79 | 79 | | collided with, or any person attending to the vessel struck;53 |
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| 80 | 80 | | (C) Render to any person injured in accident, collision, or other casualty reasonable54 |
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| 81 | 81 | | assistance, so far as he or she can do so without serious danger to his or her own vessel,55 |
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| 82 | 82 | | crew, and passengers, including the transporting, or the making of arrangements for the56 |
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| 83 | 83 | | transporting, of such person to a physician, surgeon, or hospital for medical or surgical57 |
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| 84 | 84 | | treatment if it is apparent that such treatment is necessary or if such transporting is58 |
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| 85 | 85 | | requested by the injured person; and59 |
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| 86 | 86 | | (D) When a person involved in such accident, collision, or other casualty is60 |
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| 87 | 87 | | unconscious, appears deceased, is otherwise unable to communicate, or has61 |
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| 88 | 88 | | disappeared, immediately notify emergency medical services and local law enforcement62 |
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| 89 | 89 | | of the accident, collision, or other casualty and give his or her name and address and the63 |
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| 90 | 90 | | registration of the vessel he or she is operating for the purpose of reporting the accident,64 |
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| 91 | 91 | | collision, or other casualty and making a request for assistance.65 |
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| 92 | 92 | | (2) The vessel operator shall, in every event, shall remain at the scene of the accident,66 |
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| 93 | 93 | | collision, or other casualty until fulfilling the requirements of this subsection; provided,67 |
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| 96 | 96 | | - 4 - |
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| 97 | 97 | | law enforcement from the scene, the operator shall be authorized to leave the scene in69 |
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| 98 | 98 | | order to make such notification after fulfilling the other requirements of this subsection.70 |
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| 99 | 99 | | (3) When an accident, collision, or other casualty is the proximate cause of death,71 |
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| 100 | 100 | | disappearance, or injury that requires medical treatment, any person who knowingly fails72 |
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| 101 | 101 | | to stop and comply with the requirements of this subsection shall be guilty of a felony73 |
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| 102 | 102 | | and, upon conviction thereof, shall be punished by imprisonment for not less that one nor74 |
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| 103 | 103 | | more than five years.75 |
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| 104 | 104 | | (b) Good Samaritan clause. Any person complying with subsection (a) of this Code76 |
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| 105 | 105 | | section who gratuitously and in good faith renders assistance at the scene of a vessel77 |
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| 106 | 106 | | collision, an accident, collision, or other casualty without the objection of any person78 |
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| 107 | 107 | | assisted, shall not be held liable for any civil damages as a result of the rendering of79 |
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| 108 | 108 | | assistance or for any act of assistance in providing or arranging salvage towage, medical80 |
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| 109 | 109 | | treatment, or other assistance if the assisting person acts as a reasonably prudent man81 |
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| 110 | 110 | | individual would have acted under the same or similar circumstances.82 |
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| 111 | 111 | | (c) Accident reports required.83 |
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| 112 | 112 | | (1) All boating accidents must be reported to the department within 48 hours of the84 |
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| 113 | 113 | | accident if:85 |
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| 114 | 114 | | (A) A person dies within 24 hours as a result of the accident;86 |
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| 115 | 115 | | (B) A person is disabled for more than 24 hours;87 |
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| 116 | 116 | | (C) A person requires medical treatment for injuries;88 |
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| 117 | 117 | | (D) A person disappears from a vessel.89 |
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| 118 | 118 | | (2) Reports of reportable boating accidents must be made within five days if not earlier90 |
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| 119 | 119 | | required by paragraph (1) of this subsection.91 |
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| 120 | 120 | | (3) Accident reports must be on forms supplied by the department, which must be filled92 |
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| 121 | 121 | | out in their entirety and dated and signed by the person submitting the report. Such93 |
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| 122 | 122 | | reports shall be filed by the operator or, if no operator, by the owner of any vessel94 |
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| 125 | 125 | | - 5 - |
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| 126 | 126 | | report, the investigating officer shall submit the report. Reports must contain at a96 |
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| 127 | 127 | | minimum the following information:97 |
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| 128 | 128 | | (A) The name, address, and telephone number of each operator of each vessel98 |
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| 129 | 129 | | involved;99 |
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| 130 | 130 | | (B) The number and name of each vessel involved;100 |
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| 131 | 131 | | (C) The name, address, and telephone number of each owner of each vessel involved;101 |
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| 132 | 132 | | (D) The name of the nearest city or town, the county, the state, and the body of water102 |
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| 133 | 133 | | on which the accident occurred;103 |
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| 134 | 134 | | (E) The location of the accident on the water;104 |
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| 135 | 135 | | (F) The time and date of the accident;105 |
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| 136 | 136 | | (G) Visibility, weather, and water conditions;106 |
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| 137 | 137 | | (H) The age, date of birth, vessel operating experience, and boat safety training of the107 |
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| 138 | 138 | | operator making the report;108 |
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| 139 | 139 | | (I) The number of persons on board or towed on skis by each vessel;109 |
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| 140 | 140 | | (J) The name, address, and date of birth of each person fatally injured;110 |
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| 141 | 141 | | (K) The cause of death of each;111 |
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| 142 | 142 | | (L) The name and address of each owner of property, other than vessels or boats,112 |
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| 143 | 143 | | involved;113 |
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| 144 | 144 | | (M) The availability and use of personal flotation devices;114 |
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| 145 | 145 | | (N) The type of fire extinguisher used;115 |
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| 146 | 146 | | (O) The nature and extent of each injury resulting from the accident;116 |
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| 147 | 147 | | (P) A description of all property and vessel damage within an estimated cost of repairs;117 |
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| 148 | 148 | | (Q) A description of any equipment failures that caused or contributed to the accident;118 |
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| 149 | 149 | | (R) A description of the accident;119 |
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| 152 | 152 | | - 6 - |
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| 153 | 153 | | (T) The make, model, type, hull identification number, beam width, length, horsepower121 |
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| 154 | 154 | | and type of motor, and hull material of the reporting operator's vessel, and the year it122 |
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| 155 | 155 | | was built.123 |
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| 156 | 156 | | (4)(A)(1) As used in this paragraph, the term 'medical facility' means any licensed124 |
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| 157 | 157 | | general or specialized hospital, institutional infirmary, public health center, or diagnostic125 |
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| 158 | 158 | | and treatment center. The term also includes, without being limited to, any building or126 |
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| 159 | 159 | | facility, not under the operation or control of a hospital, which is primarily devoted to the127 |
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| 160 | 160 | | provision of surgical treatment to patients not requiring hospitalization and which is128 |
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| 161 | 161 | | classified by the Department of Community Health as an ambulatory surgical treatment129 |
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| 162 | 162 | | center.130 |
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| 163 | 163 | | (B)(2) Any:131 |
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| 164 | 164 | | (i)(A) Physician, including any doctor of medicine licensed to practice under the laws132 |
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| 165 | 165 | | of this state;133 |
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| 166 | 166 | | (ii)(B) Licensed registered nurse employed by a medical facility;134 |
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| 167 | 167 | | (iii)(C) Security personnel employed by a medical facility; or135 |
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| 168 | 168 | | (iv)(D) Other personnel employed by a medical facility whose employment duties136 |
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| 169 | 169 | | involve the care and treatment of patients therein137 |
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| 170 | 170 | | having cause to believe that a patient has had physical injury or injuries inflicted upon138 |
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| 171 | 171 | | him or her as a result of a reportable boating accident or accident, collision, or other139 |
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| 172 | 172 | | casualty shall report or cause reports to be made in accordance with this paragraph.140 |
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| 173 | 173 | | (C)(3) An oral report shall be made immediately by telephone or otherwise and shall be141 |
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| 174 | 174 | | followed by a report in writing, if requested, to the person in charge of the medical142 |
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| 175 | 175 | | facility or his or her designated delegate. The person in charge of the medical facility or143 |
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| 176 | 176 | | his or her designated delegate shall then notify the local law enforcement agency having144 |
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| 177 | 177 | | primary jurisdiction in the area in which the medical facility is located of the contents of145 |
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| 178 | 178 | | the report. The report shall contain the name and address of the patient, the nature and146 |
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| 181 | 181 | | - 7 - |
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| 182 | 182 | | believes might be helpful in establishing the cause of the injuries and the identity of the |
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| 183 | 183 | | 148 |
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| 184 | 184 | | perpetrator.149 |
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| 185 | 185 | | (D) |
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| 186 | 186 | | (4) Notwithstanding any other provision of law, copies of medical records relating150 |
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| 187 | 187 | | to the treatment of such patient shall be furnished to the investigatory law enforcement151 |
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| 188 | 188 | | officer of the department, or any local, state, or federal law enforcement agency upon152 |
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| 189 | 189 | | receipt of a written request or subpoena issued by such law enforcement agency or the153 |
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| 190 | 190 | | prosecuting attorney having jurisdiction over such accident, collision, or other casualty.154 |
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| 191 | 191 | | Such medical records shall be handled in a manner which assures the confidentiality of155 |
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| 192 | 192 | | such records.156 |
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| 193 | 193 | | (E)(5) Any person or persons participating in the making of a report or causing a report157 |
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| 194 | 194 | | to be made to the appropriate police authority pursuant to this paragraph or participating158 |
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| 195 | 195 | | in any judicial proceeding or any other proceeding resulting therefrom shall in so doing159 |
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| 196 | 196 | | be immune from any civil liability that might otherwise be incurred or imposed,160 |
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| 197 | 197 | | providing such participation pursuant to this paragraph shall be in good faith.161 |
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| 198 | 198 | | (d) Salvage rights. Any person who fails to salvage any vessel within 12 months after its162 |
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| 199 | 199 | | sinking shall forfeit his or her ownership to the vessel and thereafter any person may163 |
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| 200 | 200 | | salvage and claim the vessel.164 |
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| 201 | 201 | | (e) Official authority. Any officer empowered to enforce this article shall have the165 |
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| 202 | 202 | | authority to stop, board, and detain any vessel involved in a reportable boating accident or166 |
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| 203 | 203 | | accident, collision, or other casualty and to continue the detention of such vessel if167 |
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| 204 | 204 | | necessary for evidentiary purposes for such reasonable period of time as such necessity168 |
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| 205 | 205 | | continues."169 |
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| 206 | 206 | | SECTION 3.170 |
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| 207 | 207 | | Said article shall be further amended in Code Section 52-7-26, relating to penalty, by revising171 |
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