SB 92: "An Act relating to abandoned and derelict vessels; relating to the registration of vessels; relating to certificates of title for vessels; relating to the duties of the Department of Administration; relating to the duties of the Department of Natural Resources; establishing the derelict vessel prevention program; establishing the derelict vessel prevention program fund; and providing for an effective date."
00 SENATE BILL NO. 92 01 "An Act relating to abandoned and derelict vessels; relating to the registration of 02 vessels; relating to certificates of title for vessels; relating to the duties of the 03 Department of Administration; relating to the duties of the Department of Natural 04 Resources; establishing the derelict vessel prevention program; establishing the derelict 05 vessel prevention program fund; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 05.25.055(a) is amended to read: 08 (a) A [AN UNDOCUMENTED] boat placed on water of the state must be 09 titled, registered, and numbered as required by this chapter. The Department of 10 Administration shall adopt by regulation a boat registration and numbering system that 11 is consistent with the national standard for state numbering systems established by the 12 United States Coast Guard. 13 * Sec. 2. AS 05.25.055(f) is amended to read:
01 (f) Unless otherwise provided by this chapter, [OR UNLESS THE OWNER 02 HAS BEEN AWARDED A CURRENT, VALID ALASKA CERTIFICATE OF 03 NUMBER FROM THE UNITED STATES COAST GUARD,] the owner of a boat for 04 which a current certificate of number has been awarded under federal law or a 05 federally approved numbering system of another state shall apply for a certificate of 06 number in this state as required by this chapter if the boat is operated on water of the 07 state for more than 90 consecutive days or if the boat is a barge and is operated on 08 water of the state for more than 60 consecutive days. If a boat has an existing 09 number, the owner may request that the department issue the same number for 10 purposes of this section, and the department shall comply with the request unless 11 compliance would result in a duplication of numbers. 12 * Sec. 3. AS 05.25.055(i) is amended to read: 13 (i) The following boats are exempt from the numbering and registration 14 provisions of this section: 15 (1) a boat that 16 (A) is not a barge; 17 (B) is operated in this state for a period not exceeding 90 18 consecutive days; and 19 (C) [THAT] has a current, valid certificate of number issued by 20 another state having a federally approved numbering system; 21 (2) a foreign boat operated in water of the state for a period not 22 exceeding 90 consecutive days; 23 (3) a boat owned by the United States or an entity or political 24 subdivision of the United States, or a boat owned by a state or an entity or political 25 subdivision of a state; 26 (4) a boat that is not equipped with mechanical propulsion; 27 (5) a boat with a valid document to operate the boat that is issued by 28 the United States or a foreign government; 29 (6) a handmade nonmotorized umiaq with a walrus or sealskin 30 covering; 31 (7) a boat that
01 (A) is a barge; 02 (B) is operated in this state for a period not exceeding 60 03 consecutive days; and 04 (C) has a current, valid certificate of number issued by 05 another state having a federally approved numbering system. 06 * Sec. 4. AS 05.25 is amended by adding a new section to read: 07 Sec. 05.25.056. Certificate of title. (a) The owner of an undocumented boat 08 subject to registration in this state under AS 05.25.055 shall apply to the Department 09 of Administration for a certificate of title for the boat. 10 (b) The Department of Administration shall adopt regulations to establish a 11 system for issuing certificates of title for undocumented boats. 12 (c) A person who purchases or obtains a majority ownership of an 13 undocumented boat shall, within 30 days after purchasing or obtaining the boat, apply 14 for a new certificate of title that shows the boat's change of ownership. 15 * Sec. 5. AS 05.25.090(b), as repealed and reenacted by sec. 20, ch. 28, SLA 2000, is 16 amended to read: 17 (b) A person who violates AS 05.25.010(d), [OR] 05.25.020(b), or 05.25.055 18 is guilty of a violation, as defined in AS 11.81.900, and may be fined up to $50. 19 * Sec. 6. AS 05.25.096 is amended to read: 20 Sec. 05.25.096. Fees. (a) The Department of Administration shall assess the 21 following fees: 22 (1) motorized boat registration, registration renewal, and transfer of 23 registration, $30 [$24] for a three-year period; 24 (2) nonmotorized boat registration, registration renewal, and transfer of 25 registration, $10 for a three-year period; 26 (3) replacement of lost registration, $5; 27 (4) replacement of lost registration validation decals, $5; 28 (5) barge registration, registration renewal, and transfer of 29 registration, $75 for a three-year period; 30 (6) boat title and duplicate boat title, $20. 31 (b) The Department of Administration shall separately account for fees
01 collected under (a) of this section for boat registration and titling that are deposited in 02 the general fund. The annual estimated balance in that account may be used by the 03 legislature to make appropriations to the department and the Department of 04 Administration to carry out the purposes of this chapter and AS 30.30. 05 * Sec. 7. AS 05.25.100 is amended by adding a new paragraph to read: 06 (16) "barge" means a flat-bottomed boat used for carrying freight that 07 is either nonmotorized and towed by another boat or motorized. 08 * Sec. 8. AS 05.25.100, as repealed and reenacted by sec. 23, ch. 28, SLA 2000, is amended 09 by adding new paragraphs to read: 10 (5) "boat" means watercraft used or capable of being used as a means 11 of transportation on water, except for 12 (A) a ship's lifeboat; 13 (B) a seaplane; 14 (C) an inspected passenger vessel; and 15 (D) a single air mattress, single inner tube, or other water toy; 16 (6) "boat dealer" means a person engaged wholly or in part in the 17 business of selling or offering for sale, buying or taking in trade for the purpose of 18 resale, or exchanging, displaying, demonstrating, or offering for sale three or more 19 boats within 12 consecutive months and who receives or expects to receive money, 20 profit, or any other thing of value; 21 (7) "certificate of number" means the document bearing the 22 identification number issued to a boat by the Department of Administration under this 23 chapter, by a federal agency, or by the state of principal use under a federally 24 approved numbering system; 25 (8) "owner" means a person who has a property interest other than a 26 security interest in a boat and the right of use or possession of the boat; "owner" does 27 not include a lessee unless the lease is intended as security; 28 (9) "ownership" means a property interest other than a security 29 interest; 30 (10) "undocumented boat" means a boat that does not possess a valid 31 certificate of documentation issued by the United States Coast Guard under 46 U.S.C.
01 12101 - 12123. 02 * Sec. 9. AS 30.30.010(a) is amended to read: 03 (a) A person may not store or leave a derelict vessel [IN A WRECKED, 04 JUNKED, OR SUBSTANTIALLY DISMANTLED CONDITION OR 05 ABANDONED] 06 (1) on the waters of the state or on state or municipal property [AT 07 A PORT OR HARBOR OF THE STATE OR A MUNICIPALITY] without the 08 consent of the state agency or municipality having jurisdiction over the water or 09 property [, PORT, OR HARBOR]; or 10 (2) docked at any private property without the consent of the owner of 11 the property. 12 * Sec. 10. AS 30.30.010(b) is amended to read: 13 (b) A state agency, municipality, or peace officer may impound [REMOVE] a 14 derelict vessel subject to this chapter [FROM WATERS OF THE STATE WHEN 15 THE VESSEL OBSTRUCTS OR THREATENS TO OBSTRUCT NAVIGATION, 16 CONTRIBUTES TO AIR OR WATER POLLUTION, OR IN ANY OTHER WAY 17 CONSTITUTES A DANGER OR POTENTIAL DANGER TO THE 18 ENVIRONMENT]. 19 * Sec. 11. AS 30.30.010(e) is amended to read: 20 (e) A person who violates this section, upon conviction, is guilty of a class B 21 misdemeanor and is punishable by one or more of the following: 22 (1) a fine of not less than $5,000 or more than $10,000; 23 (2) [$500, OR BY] imprisonment for a period of not more than 90 24 days; 25 (3) forfeiture of the person's vessel [SIX MONTHS, OR BY BOTH]. 26 * Sec. 12. AS 30.30.010 is amended by adding a new subsection to read: 27 (f) The department or a municipality may report a violation of (a) of this 28 section to the attorney general, who may institute the proper proceedings to enforce 29 the criminal penalties provided in (e) of this section. 30 * Sec. 13. AS 30.30 is amended by adding a new section to read: 31 Sec. 30.30.015. Civil penalties. (a) The department, a municipality, or an
01 aggrieved person may institute a civil action against a person who violates 02 AS 30.30.010. In addition to injunctive and compensatory relief, a civil penalty of not 03 more than $1,000 may be imposed for each violation. An action to enjoin a violation 04 may be brought notwithstanding the availability of any other remedy. On application 05 for injunctive relief and a finding of a violation or a threatened violation, the superior 06 court shall grant the injunction. Each day that a violation occurs constitutes a separate 07 violation. 08 (b) The department may provide for the payment of a civil penalty under this 09 section by mail. 10 * Sec. 14. AS 30.30.030 is amended to read: 11 Sec. 30.30.030. Limitation on applicability. A vessel does not constitute a 12 derelict vessel under this chapter if the 13 (1) department provides written authorization for the owner to 14 anchor, moor, store, or otherwise leave the vessel within 30 days after the owner 15 anchors, moors, stores, or leaves the vessel; and 16 (2) vessel is anchored, moored, stored, or otherwise left unattended 17 for more than 30 days 18 (A) [WHEREVER] outside of an organized municipality 19 where [IN THE STATE] it is [, OR HAS BECOME,] the custom, common, or 20 accepted practice to anchor, moor, store, or otherwise leave a vessel in a port 21 or harbor or in [THE] waters of the state; 22 (B) because [OF THE STATE IN SUCH A MANNER THAT 23 IT DOES NOT THREATEN OR OBSTRUCT NAVIGATION, OR TO 24 STORE OR OTHERWISE LEAVE A VESSEL WITHOUT PERMISSION 25 ON PUBLIC OR PRIVATE PROPERTY, UNATTENDED FOR MORE 26 THAN 30 DAYS, WHERE] climatic conditions make use of the vessel 27 impracticable; or 28 (C) because other applicable provisions of law prohibit 29 [PRECLUDE] use of the vessel during that period of time [, THE 30 UNATTENDED ANCHORING, MOORING, STORING, OR LEAVING OF 31 THE VESSEL DOES NOT CONSTITUTE ABANDONMENT OF THE
01 VESSEL AS THAT TERM IS USED IN AS 30.30.010 - 30.30.100]. 02 * Sec. 15. AS 30.30.040 is amended to read: 03 Sec. 30.30.040. Pre-impoundment notice and hearing [NOTICE TO 04 OWNER]. Except as otherwise provided in this chapter, at least 30 days before 05 impounding a vessel, the state or municipal agency responsible for impounding 06 the vessel shall post [ON TAKING CUSTODY OF AN ABANDONED VESSEL,] a 07 written notice [IMMEDIATELY SHALL BE POSTED] on the vessel and on the state 08 or municipal agency's official website. A copy [A DUPLICATE] of that notice must 09 be sent by [REGISTERED OR] certified mail, with a return receipt, to the 10 [REGISTERED] owner of the vessel at the [REGISTERED] owner's last known 11 address or the address on record with the United States Coast Guard or the 12 Department of Administration and to all lienholders shown on the records of the 13 United States Coast Guard or a state [OR FEDERAL] agency. [THE NOTICE 14 MUST CONTAIN A BRIEF DESCRIPTION OF THE VESSEL, THE LOCATION 15 OF CUSTODY, AND THE INTENDED DISPOSITION OF THE VESSEL IF NOT 16 REPOSSESSED WITHIN 20 DAYS AFTER THE MAILING OF THE NOTICE. A 17 NOTICE NEED NOT BE SENT TO THE PURPORTED OWNER OR ANY OTHER 18 PERSON WHOSE INTEREST IN THE VESSEL IS NOT RECORDED WITH A 19 STATE AGENCY OR A FEDERAL AGENCY.] 20 * Sec. 16. AS 30.30.040 is amended by adding new subsections to read: 21 (b) The notice must contain the 22 (1) name or number of the vessel; 23 (2) name and address of the owner; 24 (3) intended action against the vessel; and 25 (4) hearing procedure under (c) of this section. 26 (c) Except as provided in AS 30.30.065, the owner of a vessel may file a 27 written demand for a pre-impoundment hearing within 15 days after the postmark date 28 of the notice required under (a) of this section. If the written demand is made by a 29 person who is not the owner of the vessel, the written demand must establish that the 30 person requesting the hearing has an interest in the vessel. An owner or a person with 31 an interest in a vessel who fails to request or attend a scheduled hearing waives the
01 right to a hearing. 02 (d) A pre-impoundment hearing must be conducted within 10 business days 03 after the receipt of a written demand for a pre-impoundment hearing unless the person 04 requesting the hearing consents to a later date. 05 (e) A person who has authority to direct the impoundment of a vessel at issue 06 in a pre-impoundment hearing may not serve as the hearing officer. The hearing shall 07 be conducted in an informal manner. The provisions of AS 44.62 (Administrative 08 Procedure Act) do not apply to a hearing conducted under this section. 09 (f) The state or municipal agency responsible for impounding a vessel has the 10 burden of showing substantial evidence that the vessel is derelict. After the hearing, 11 the hearing officer shall issue a written decision of whether there is substantial 12 evidence that the vessel is derelict. A copy of the decision shall be provided to the 13 vessel owner and the person requesting the hearing, if other than the vessel owner. 14 (g) If the hearing officer determines that there is substantial evidence 15 establishing that the vessel is derelict, then the state or municipal agency may proceed 16 with the state or municipal agency disposition of the vessel as provided under 17 AS 30.30.055. 18 * Sec. 17. AS 30.30 is amended by adding a new section to read: 19 Sec. 30.30.045. Notice of disposition of derelict vessel. (a) After impounding 20 a derelict vessel, the state or municipal agency shall publish a notice of disposition on 21 the website of the state or municipal agency and, if possible, on the vessel itself at 22 least 30 days before disposing of the vessel. 23 (b) A duplicate of the notice must be served by certified mail, return receipt 24 requested, on 25 (1) the owner of the vessel, if known, at the address on record with the 26 United States Coast Guard or the Department of Administration; and 27 (2) all lienholders who have filed a financing statement indexed in the 28 name of the owner or who are shown on the records of a state agency or the United 29 States Coast Guard. 30 (c) The notice of disposition must include 31 (1) a description of the vessel;
01 (2) the name or number of the vessel; 02 (3) the name and address of the owner, if known; 03 (4) the location of the vessel; 04 (5) the means of disposition; and 05 (6) the location, date, and time of a public auction if an auction will be 06 held to dispose of the vessel. 07 * Sec. 18. AS 30.30 is amended by adding a new section to read: 08 Sec. 30.30.055. Impoundment and disposition of derelict vessel. (a) A state 09 or municipal agency may impound a derelict vessel by immobilizing and removing the 10 vessel or towing the vessel from the water and placing it in storage. 11 (b) The state or municipal agency that impounds a vessel may sell, donate, or 12 destroy the vessel if the vessel is not repossessed by the owner or a person with an 13 interest in the vessel within 30 days after the postmark date of the notice mailed under 14 AS 30.30.045(a). The sale of a vessel may be by public auction or by sealed bids. 15 (c) A state or municipal agency may, by regulation or ordinance, adopt sale or 16 disposal methods that are consistent with the provisions of this chapter. 17 (d) A state or municipal agency shall apply the proceeds from the sale of a 18 vessel under this chapter as follows: 19 (1) to the costs of conducting the sale; 20 (2) to the costs of towing, handling, and storing the vessel; 21 (3) to a lienholder to the extent of the lien; 22 (4) to the owner of the vessel if the owner can be found; if the owner 23 cannot be found, the balance shall be deposited in a separate account maintained by 24 the state or municipal agency or with the commissioner of administration and shall be 25 paid in accordance with AS 30.30.097. 26 (e) A state or municipal agency shall disperse the proceeds of the sale of a 27 vessel at a public auction under federal law in accordance with federal law. 28 (f) The state or municipal agency or its designees, employees, or agents are 29 not liable for the disposition of a vessel to the owner, operator, or any lienholder of the 30 vessel. 31 (g) The transfer of title and interest by sale under this section is a transfer by
01 operation of law. However, a bill of sale executed by an authorized seller is 02 satisfactory evidence authorizing the transfer of the title or interest. 03 * Sec. 19. AS 30.30.060 is amended to read: 04 Sec. 30.30.060. Possession by interested party. A person having an interest in 05 a derelict [AN ABANDONED] vessel may take possession of it before the date of the 06 public auction, destruction, or donation of the vessel upon payment to the state 07 agency or municipality of all port or harbor use fees, towing, handling, storage, 08 appraisal, advertising, and any other expenses incurred by the state agency or 09 municipality in connection with the vessel. [IF THE PERSON TAKING 10 POSSESSION OF THE VESSEL IS NOT THE REGISTERED OWNER, THE 11 PERSON SHALL, BEFORE TAKING POSSESSION OF THE VESSEL, PAY THE 12 EXPENSES INCURRED BY THE STATE AGENCY OR MUNICIPALITY AND 13 POST ADEQUATE SECURITY, WHICH MAY NOT EXCEED THE APPRAISED 14 VALUE OF THE VESSEL. THE SECURITY, IF NOT FORFEITED, SHALL BE 15 RETURNED TO THE PERSON ONE YEAR AFTER RECEIPT.] 16 * Sec. 20. AS 30.30 is amended by adding a new section to read: 17 Sec. 30.30.065. Impoundment of derelict vessels posing imminent clear 18 and present danger. (a) Notwithstanding any other provision of law, a state or 19 municipal agency may impound a derelict vessel immediately if the vessel constitutes 20 a clear and present danger to public health, safety, or general welfare. 21 (b) When action is taken to impound a derelict vessel under (a) of this section, 22 the state or municipal agency impounding the vessel shall, after 24 hours of the 23 impoundment, provide notice of the action and the opportunity for a post- 24 impoundment hearing by hand-delivery or certified mail, return receipt requested, to 25 the owner of the vessel if the name and location of the owner is known. 26 (c) The owner of the vessel or a person with an interest in the vessel may file a 27 written demand for a post-impoundment hearing within 15 days after the postmark 28 date of the notice of impoundment under (b) of this section. An owner or a person with 29 an interest in the vessel who fails to request or attend a scheduled post-impoundment 30 hearing waives the right to the hearing. 31 (d) The state or municipal agency that impounded the vessel shall conduct a
01 post-impoundment hearing within 48 hours after receiving a written demand for a 02 post-impoundment hearing. The 48-hour period does not include Saturdays, Sundays, 03 and legal holidays. The provisions of AS 44.62 (Administrative Procedure Act) do not 04 apply to a post-impoundment hearing. 05 (e) A post-impoundment hearing officer shall determine whether there is 06 substantial evidence establishing that the derelict vessel constituted a clear and present 07 danger. If the hearing officer determines that there is substantial evidence to impound 08 the vessel, the state or municipal agency or its designee may proceed to dispose of the 09 vessel as provided under AS 30.30.055. If the hearing officer determines that there 10 was not substantial evidence to impound the vessel, the state or municipal agency that 11 impounded the vessel 12 (1) shall release the vessel to the owner; 13 (2) may not require the owner to pay the towing, storage, 14 impoundment, or abatement charges; and 15 (3) shall refund or reimburse any towing, storage, impoundment, or 16 abatement charges previously paid by the owner. 17 * Sec. 21. AS 30.30 is amended by adding a new section to read: 18 Sec. 30.30.075. Liability for derelict vessels. The owner of a vessel and a 19 person entitled to possession of a vessel impounded under this chapter are jointly and 20 severally liable for all costs incurred by the state or municipal agency in connection 21 with the impoundment, storage, and removal of the vessel. 22 * Sec. 22. AS 30.30 is amended by adding a new section to article 1 to read: 23 Sec. 30.30.085. Insurance. (a) A vessel must have a marine insurance policy 24 that covers the cost of removal of the vessel in the event that the vessel becomes 25 derelict under AS 30.30.090 if the vessel is 26 (1) longer than 30 feet; 27 (2) engaged in commercial activity; and 28 (3) operating on waters of the state or on state or municipal property or 29 placed at a dock, land, or harbor of the state or a municipality for more than 90 days. 30 (b) The Department of Administration may adopt regulations that allow the 31 purchaser of a vessel to satisfy the insurance requirements of this section by posting
01 adequate security with a financial institution. 02 (c) The department, a public official representing a municipal or state harbor, 03 or an operator of a private marina may require a vessel owner who has a vessel that is 04 subject to (a) of this section to show proof of marine insurance upon request. 05 (d) A person who fails to secure marine insurance or show proof of marine 06 insurance under this section is guilty of a misdemeanor and upon conviction is 07 punishable by a fine of not more than $500. 08 * Sec. 23. AS 30.30.090 is amended to read: 09 Sec. 30.30.090. Derelict vessel. A vessel [THAT HAS BEEN LEFT 10 UNATTENDED FOR MORE THAN 24 CONSECUTIVE HOURS] is a derelict 11 vessel if 12 (1) the vessel is sunk or in immediate danger of sinking, is obstructing 13 a waterway, or is endangering public health, safety, [LIFE OR] property, or the 14 environment; [OR] 15 (2) the vessel has been anchored, moored, stored, or otherwise left in 16 the waters of the state or on state or municipal [PUBLIC] property contrary to law 17 [OR REGULATIONS ADOPTED BY A STATE AGENCY OR MUNICIPALITY 18 OR THE VESSEL HAS BEEN LEFT ON PRIVATE PROPERTY WITHOUT 19 AUTHORIZATION OF THE OWNER OR OCCUPANT OF THE PROPERTY,] and 20 if 21 (A) the vessel's certificate [OF] number or marine document 22 number has expired and the [REGISTERED] owner no longer resides at the 23 address listed in the vessel registration or marine document records of a state 24 agency or the United States Coast Guard; 25 (B) the last [REGISTERED] owner of record disclaims 26 ownership and the current owner's name or address cannot be determined; 27 (C) the vessel identification numbers and other means of 28 identification have been obliterated or removed in a manner that nullifies or 29 precludes efforts to locate or identify the owner; or 30 (D) the vessel registration records of a state agency and the 31 marine document records of the United States Coast Guard contain no record
01 that the vessel ever has been registered or documented, and the owner's name 02 or address cannot be determined; or 03 (3) the vessel has been anchored, moored, stored, or otherwise left 04 unattended on private property without authorization by the owner or occupant 05 of the property. 06 * Sec. 24. AS 30.30 is amended by adding new sections to read: 07 Sec. 30.30.095. Derelict vessel prevention program. The department shall 08 establish and administer the derelict vessel prevention program to prevent and deter 09 the abandonment and operation of derelict vessels in the waters of the state and on 10 state, municipal, and private property and to ensure that all state and municipal entities 11 have the authority to identify, remove, and discourage derelict vessels from being 12 stored, operated, or abandoned on the waters of the state and on state or municipal 13 property. 14 Sec. 30.30.096. Duties and powers of the department. The department shall, 15 subject to appropriations, 16 (1) establish 17 (A) education and community outreach programs, derelict 18 vessel disposal programs, and funding options for derelict vessel removal 19 efforts; and 20 (B) a derelict vessel advisory council to implement education 21 and community outreach programs that inform and incentivize the removal of 22 derelict vessels from the waters of the state; 23 (2) develop and maintain a publicly available vessel tracking system. 24 Sec. 30.30.097. Derelict vessel prevention program fund. (a) The derelict 25 vessel prevention program fund is created in the general fund. The purpose of the fund 26 is to provide a source from which the department may 27 (1) reimburse state and municipal agencies for expenses related to 28 removal of derelict vessels from waters of the state and from state or municipal 29 property; 30 (2) pay for development and implementation of programs that 31 incentivize compliance with this chapter; and
01 (3) subsidize projects directly related to the derelict vessel prevention 02 program. 03 (b) The fund consists of money appropriated to the fund, including 04 (1) donations; 05 (2) money received from the sale of a vessel under this chapter; 06 (3) income from the fund and other program receipts; 07 (4) money received by the Department of Administration for 08 registering and titling vessels; 09 (5) civil penalties collected under AS 30.30.015. 10 (c) Appropriations to the derelict vessel prevention program fund do not lapse. 11 (d) Money appropriated to the fund may be used by the department for the 12 purposes of the fund without further appropriation. 13 (e) Nothing in this section creates a dedicated fund. 14 * Sec. 25. AS 30.30.170(3) is amended to read: 15 (3) "vessel" means every description of watercraft, floating facility, or 16 other artificial contrivance, other than a seaplane on the water, used or capable of 17 being used as a means of transportation on or through the water; 18 * Sec. 26. AS 30.30.170 is amended by adding new paragraphs to read: 19 (5) "abandoned" means a vessel has been left unattended on private, 20 state, or municipal land or waters of the state without the consent of the landowner or 21 lessee for more than 30 days; 22 (6) "department" means the Department of Natural Resources; 23 (7) "owner" means a person who 24 (A) has a property interest, other than a security interest, in a 25 vessel; 26 (B) is the last named owner of a vessel with the Department of 27 Administration or the United States Coast Guard; or 28 (C) is designated as having an interest in a vessel in an 29 agreement with a municipality, state agency, or political subdivision of the 30 state; 31 (8) "state or municipal agency" means a department, agency, division,
01 or office in the executive branch of state government or a department or division of a 02 municipality of the state; in this paragraph, "municipality" has the meaning given in 03 AS 29.71.800. 04 * Sec. 27. AS 30.30.180 is amended to read: 05 Sec. 30.30.180. Short title. This chapter may be cited as the [ABANDONED 06 AND] Derelict Vessels Act. 07 * Sec. 28. AS 37.05.146(45) is amended to read: 08 (45) receipts of the Department of Administration from the boat 09 registration and titling program under AS 05.25.096; 10 * Sec. 29. AS 37.05.146 is amended by adding a new paragraph to read: 11 (90) civil penalties collected under AS 30.30.015, money received 12 from the sale of vessels under AS 30.30, and donations and other receipts deposited to 13 the derelict vessel prevention program fund under AS 30.30.097. 14 * Sec. 30. Section 27, ch. 28, SLA 2000, is amended to read: 15 Sec. 27. AS 05.25.052, 05.25.053, [05.25.055,] 05.25.057, 05.25.095 [, 16 05.25.096]; and AS 09.25.120(a)(9) are repealed. 17 * Sec. 31. AS 30.30.010(d), 30.30.020, 30.30.050, 30.30.070, 30.30.080, 30.30.100, 18 30.30.110, 30.30.120, 30.30.130, 30.30.140, and 30.30.150 are repealed. 19 * Sec. 32. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 TRANSITION: REGULATIONS. The Department of Natural Resources and the 22 Department of Administration may adopt regulations necessary to implement the changes 23 made by this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), 24 but not before the effective date of the law implemented by the regulation. 25 * Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 REVISOR'S INSTRUCTION. The revisor of statutes is requested to change the 28 heading of 29 (1) AS 30.30 from "Abandoned and Derelict Vessels" to "Derelict Vessels"; 30 and 31 (2) AS 30.30.010 from "Abandonment of vessel unlawful" to "Derelict vessels
01 unlawful." 02 * Sec. 34. Section 32 of this Act takes effect immediately under AS 01.10.070(c). 03 * Sec. 35. Section 5 of this Act takes effect on the date that sec. 20, ch. 28, SLA 2000, takes 04 effect under sec. 30, ch. 28, SLA 2000, as amended by sec. 3, ch. 34, SLA 2004, by sec. 1, ch. 05 19, SLA 2009, by sec. 1, ch. 47, SLA 2010, and by sec. 3, ch. 31, SLA 2012. 06 * Sec. 36. Section 8 of this Act takes effect on the date that sec. 23, ch. 28, SLA 2000, takes 07 effect under sec. 30, ch. 28, SLA 2000, as amended by sec. 3, ch. 34, SLA 2004, by sec. 1, ch. 08 19, SLA 2009, by sec. 1, ch. 47, SLA 2010, and by sec. 3, ch. 31, SLA 2012. 09 * Sec. 37. Except as provided in secs. 34 - 36 of this Act, this Act takes effect January 1, 10 2018.