ARIZONA STATE SENATE

Phoenix, Arizona

FINAL REVISED

FACT SHEET FOR S.B. 1248

watercraft accidents; reporting requirements

Purpose

Establishes a $500 minimum damage threshold for reporting accidents that cause property damage to watercraft and modifies penalties associated with violations of watercraft operation laws.

Background

According to the Game and Fish Department (Department), when a watercraft accident occurs, there are two documents that are required to be filled out -- a law enforcement investigative report completed by an officer and a boat accident report completed by the boat operator. The Department estimates that it takes an officer approximately two hours to investigate and prepare the required paperwork on an accident.

A watercraft operator involved in any collision or accident, not involving injury or death, is required by law to submit a report to the Department within five days, even if there is minimal or no property damage. The Department estimates that only 25 percent of watercraft owners report accidents with damage under $500. Under current statute it is a class 3 misdemeanor if an operator fails to file a report. The reports can be used for statistical purposes only, but the Department believes that since such a low percentage of operators actually report accidents involving negligible damage, any statistics derived from the reports are of little value to the state.

The U.S. Coast Guard only requires that accident reports be filed when there is property damage in excess of $500. S.B. 1248 makes state law consistent with this requirement. The bill also reduces a number of minor watercraft operation violations from misdemeanors to petty offenses.

There is no anticipated fiscal impact associated with this legislation.

Provisions

1. Prescribes a minimum damage cost threshold of $500 for the mandatory reporting of watercraft collisions that do not involve injury or death.

2. Increases the penalty for a person who operates a watercraft or water skis in a negligent manner from a class 3 to a class 2 misdemeanor.

3. Changes numerous watercraft operator equipment-related violations to petty offenses rather than criminal misdemeanors and specifies which watercraft operator violations are misdemeanors and which are felonies.

4. Makes technical changes.

5. Provides for a general effective date.

Amendments Adopted by the House of Representatives

1. Increases the penalty for a person who operates a watercraft or water skis in a negligent manner from a class 3 to a class 2 misdemeanor.

2. Changes numerous watercraft operator equipment-related violations to petty offenses rather than criminal misdemeanors and specifies which watercraft operator violations are misdemeanors and which are felonies.

3. Makes technical changes.

Senate Action House Action

NRAE 2/8/01 DP 8-0-0-0 NRA 3/21/01 DP 9-0-0-1

3^rd Read 2/19/01 28-0-2-0 3^rd Read 4/12/01 49-8-3-0

Final Read 4/19/01 26-4-0

Signed by the Governor 4/25/01

Chapter 245

Prepared by Senate Staff

May 17, 2001