MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Game and Fish

By: Representative Broomfield

AN ACT TO AMEND SECTION 59-21-53, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT BOATING ACCIDENT REPORTS BE MADE AVAILABLE UPON REQUEST TO THE PERSONS INVOLVED IN A BOATING ACCIDENT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 59-21-53, Mississippi Code of 1972, is amended as follows:

59-21-53. Whenever death results from a boating accident, a written report shall be submitted within forty-eight (48) hours. For every other reportable boating accident a written report shall be submitted within five (5) days after such accident. The operator(s) of the boat(s) shall prepare and submit the written report(s) to the commission. Every written report shall contain the following information:

(1) The numbers and/or names of vessels involved.

(2) The locality where the accident occurred.

(3) The time and date when the accident occurred.

(4) Weather and sea conditions at time of accident.

(5) The name, address, age, and boat operating experience of the operator of the reporting vessel.

(6) The names and addresses of operators of other vessels involved.

(7) The names and addresses of the owners of vessels or property involved.

(8) The names and addresses of any person or persons injured or killed.

(9) The nature and extent of injury to any person or persons.

(10) A description of damage to property (including vessels) and estimated cost of repairs.

(11) A description of the accident (including opinions as to the causes).

(12) The length, propulsion, horsepower, fuel and construction of the reporting vessel.

(13) Names and addresses of known witnesses.

The commission shall ensure that the forms required by this section are stocked at various county offices, boat companies, fishing camps, marinas, law enforcement offices, and at such other places as to make them reasonably available at all times.

The commission shall consolidate such reports and transmit the same to the appropriate agencies. Boating accident reports shall not be a public record nor made available for public distribution, except as otherwise provided by law.

The commission may, upon written request of any person involved in a boating accident or upon written request of the representative of his or her estate, his or her surviving spouse, or one or more of his or her surviving next of kin, disclose to such requester or his or her legal counsel or a representative of his insurer any information contained in such report except the parties' version of the accident as set out in the written report filed by such parties.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.