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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled HB 131                                                                                                         
01 Relating to abandoned and derelict vessels.                                                                             
02                           _______________                                                                               
03    * Section 1. AS 30.30.010(a) is amended to read:                                                                   
04            (a)  A person may not store or leave a vessel in a wrecked, junked, or                                       
05       substantially dismantled condition or abandoned                                                                   
06                 (1)  on the waters of the state [UPON ANY PUBLIC WATER,] or at                                      
07       a port or harbor [,] of the state or a municipality [,] without the consent of the state                  
08       agency or municipality having jurisdiction over [OF] the water, port, or harbor; [,] or               
09                 (2)  docked at any private property without the consent of the owner of                             
10       the property.                                                                                                     
11    * Sec. 2. AS 30.30.010(b) is amended to read:                                                                      
12            (b)  A state agency, municipality, [THE DEPARTMENT] or [A] peace                                         
13       officer may remove a derelict vessel from waters of the state [PUBLIC WATER IN                                
14       ANY INSTANCE] when the vessel obstructs or threatens to obstruct navigation,                                      
15       contributes to air or water pollution, or in any other way constitutes a danger or                                
01       potential danger to the environment.                                                                              
02    * Sec. 3. AS 30.30.010 is amended by adding a new subsection to read:                                              
03            (e)  A vessel that has been denied entrance to a harbor by a state agency or                                 
04       municipality may not be stored on waters of the state for more than 14 consecutive                                
05       days unless all hazardous materials and petroleum products have been removed.                                     
06    * Sec. 4. AS 30.30.020 is amended to read:                                                                         
07            Sec. 30.30.020. Disposition of certain abandoned vessels. A vessel that has                                
08       been left unattended for [A CONTINUOUS PERIOD OF] more than 30 consecutive                                    
09       days [AND IS] in the waters of the state or on public property [,] or [IS] on private                             
10       property without authorization of the owner or occupant of the property [,] may be                                
11       taken into custody by a state agency, municipality, [THE DEPARTMENT] or [A]                                   
12       peace officer and disposed of by the state agency or municipality [DEPARTMENT]                                
13       under this chapter.                                                                                               
14    * Sec. 5. AS 30.30.030 is amended to read:                                                                         
15            Sec. 30.30.030. Limitation on applicability. Wherever outside of an                                        
16       organized municipality in the state it is, or has become, the custom, common or                                   
17       accepted practice to anchor, moor, or otherwise leave a vessel in a port or harbor [,] or                         
18       in the [PUBLIC] waters [,] of the state in such a manner that it does not threaten or                             
19       obstruct navigation, or to store or otherwise leave a vessel without permission on                                
20       public or private property, unattended for [A PERIOD OF] more than 30 days, where                                 
21       climatic conditions make use of the vessel impracticable [,] or applicable provisions of                          
22       law preclude use of the vessel during that period of time, the unattended anchoring,                              
23       mooring, storing, or leaving of the vessel does not constitute abandonment of the                                 
24       vessel as that term is used in AS 30.30.010 - 30.30.100 [AS 30.30.010 - 30.30.020].                           
25    * Sec. 6. AS 30.30.040 is amended to read:                                                                         
26            Sec. 30.30.040. Notice to owner. On taking custody of an abandoned vessel, a                               
27       written notice immediately shall be posted on the vessel and a duplicate of that notice                           
28       sent by registered or certified mail, with a return receipt, to the registered owner of the                       
29       vessel at the registered owner's last known address and to all lienholders shown on the                           
30       records of a state or federal agency. The notice must contain a brief description of the                          
31       vessel, the location of custody, and the intended disposition of the vessel if not                                
01       repossessed within 20 days after the mailing of the notice. A notice need not be sent to                          
02       the purported owner or any other person whose interest in the vessel is not recorded                              
03       with a state agency [DEPARTMENT] or a federal agency.                                                         
04    * Sec. 7. AS 30.30.060 is amended to read:                                                                         
05            Sec. 30.30.060. Possession by interested party. A person having an interest in                             
06       an abandoned vessel may take possession of it before the date of the public auction                               
07       upon payment to the state agency or municipality [DEPARTMENT] of all port or                                  
08       harbor use fees, towing, handling, storage, appraisal, advertising, and any other                                 
09       expenses incurred by the state agency or municipality [DEPARTMENT] in                                         
10       connection with the vessel. If the person taking possession of the vessel is not the                              
11       registered owner, the person shall, before taking possession of the vessel, pay the                               
12       expenses incurred by the state agency or municipality [DEPARTMENT] and post                                   
13       adequate security, which may not exceed the appraised value of the vessel. The                                
14       security, if not forfeited, shall be returned to the person one year after receipt.                               
15    * Sec. 8. AS 30.30.070 is amended to read:                                                                         
16            Sec. 30.30.070. When public auction not required. Public auction is not                                    
17       required when the appraised value of an abandoned vessel, as determined by an                                     
18       independent appraiser, is less than $100. The appraiser must have at least one year of                            
19       experience in the sale, purchase, or appraisal of vessels. Upon that determination and                            
20       after public advertisement has been made once in a newspaper of general circulation,                              
21       the state agency or municipality [DEPARTMENT] may sell the vessel by                                          
22       negotiation, dispose of it as junk, donate the vessel to a governmental agency, or                                
23       destroy it.                                                                                                       
24    * Sec. 9. AS 30.30.080 is amended to read:                                                                         
25            Sec. 30.30.080. Effect of sale. The transfer of interest by sale under                                     
26       AS 30.30.050 - 30.30.070 shall be evidenced by a bill of sale from the state agency or                        
27       municipality [DEPARTMENT], considered a transfer by operation of law, and                                     
28       governed by applicable provisions of law.                                                                         
29    * Sec. 10. AS 30.30.090 is amended to read:                                                                        
30            Sec. 30.30.090. Derelict vessel. A vessel that has been left unattended for [A                             
31       CONTINUOUS PERIOD OF] more than 24 consecutive hours is a derelict if                                         
01                 (1)  the vessel is sunk or in immediate danger of sinking, is obstructing                               
02       a waterway, or is endangering life or property; or                                                                
03                 (2)  the vessel has been moored or otherwise left in the waters                                     
04       [WATER] of the state or on public property contrary to law [,] or regulations adopted                             
05       by a state agency or municipality [THE DEPARTMENT,] or the vessel has been left                               
06       on private property without authorization of the owner or occupant of the property,                           
07       and if                                                                                                            
08                      (A)  the vessel's certificate of number or marine document has                                     
09            expired and the registered owner no longer resides at the address listed in the                              
10            vessel registration or marine document records of a state agency                                         
11            [DEPARTMENT] or the United States Coast Guard;                                                               
12                      (B)  the last registered owner of record disclaims ownership and                                   
13            the current owner's name or address cannot be determined;                                                    
14                      (C)  the vessel identification numbers and other means of                                          
15            identification have been obliterated or removed in a manner that nullifies or                                
16            precludes efforts to locate or identify the owner; or                                                        
17                      (D)  the vessel registration records of a state agency                                         
18            [DEPARTMENT] and the marine document records of the United States Coast                                      
19            Guard contain no record that the vessel ever has been registered or                                          
20            documented, and the owner's name or address cannot be determined.                                        
21    * Sec. 11. AS 30.30.100(a) is amended to read:                                                                     
22            (a)  A state agency, municipality, or peace officer [THE DEPARTMENT]                                     
23       may take or cause a derelict vessel to be taken into custody immediately. Upon taking                             
24       custody of a derelict vessel, the state agency or municipality [DEPARTMENT] shall                         
25       concurrently                                                                                                      
26                 (1)  publish a notice of intended disposition once in a newspaper of                                    
27       general circulation;                                                                                              
28                 (2)  when possible, post a notice of intended disposition on the vessel;                                
29       and                                                                                                               
30                 (3)  serve a duplicate of the notice of intended disposition by certified                               
31       mail, with a return receipt, on                                                                                   
01                      (A)  the registered owner of the vessel, if known, at the                                          
02            registered owner's last known address or the address on record with a state                                  
03            agency [DEPARTMENT] or the United States Coast Guard; and                                                
04                      (B)  all lienholders who have filed a financing statement                                          
05            indexed in the name of the registered owner [,] or who are shown on the                                      
06            records of a state agency [DEPARTMENT] or the United States Coast Guard.                                 
07    * Sec. 12. AS 30.30.120 is amended to read:                                                                        
08            Sec. 30.30.120. When vessel abandoned. A vessel is abandoned on the                                        
09       premises of a vessel repair business when all of the following conditions have been                               
10       satisfied:                                                                                                        
11                 (1)  the service requested or required by a person whose vessel is towed                                
12       or brought to a vessel repair business, including but not limited to towing and                                   
13       rendering estimates of the cost of repairs, has been performed;                                                   
14                 (2)  no authorization is given to perform any further service with                                      
15       respect to the vessel, but the vessel is left on the repair business premises;                                    
16                 (3)  the owner of the repair business or the business owner's authorized                                
17       representative has given notice by registered or certified mail, with a return receipt, to                        
18       the registered owner of the vessel at the address on record at the vessel repair business                         
19       and the address on record in a state agency [DEPARTMENT] or the United States                                 
20       Coast Guard, and to any person with a recorded interest in the vessel, stating that, if                       
21       the vessel is not repossessed within 30 days after the mailing of the notice, it will be                      
22       sold or disposed of; the notice also must contain a description of the vessel and its                             
23       location, and it need not be sent to an owner or a person with an unrecorded interest in                          
24       the vessel whose name or address cannot be determined; and                                                        
25                 (4)  the vessel is not repossessed within the 30-day period specified in                                
26       (3) of this section.                                                                                              
27    * Sec. 13. AS 30.30.170 is amended to read:                                                                        
28            Sec. 30.30.170. Definitions. In this chapter,                                                              
29                 (1)  "municipality" has the meaning given in AS 29.71.800;                                          
30                 (2)  "state agency" means a state department or agency in the                                       
31       executive branch; "state agency" does not include an agency of the legislative or                             
01       judicial branch, the University of Alaska, or a public corporation;                                           
02                 (3)  ["DEPARTMENT" MEANS THE DEPARTMENT OF                                                          
03       TRANSPORTATION AND PUBLIC FACILITIES;                                                                             
04                 (2)]  "vessel" means every description of watercraft or other artificial                                
05       contrivance, other than a seaplane on the water, used or capable of being used as a                               
06       means of transportation on or through the water;                                                                  
07                 (4) [(3)]  "waters of the [THIS] state" means the navigable waters                              
08       within the territorial limits of the state, and the marginal sea adjacent to the state, as                        
09       defined in AS 44.03.                                                                                              
10    * Sec. 14. AS 30.30.160 is repealed.                                                                               
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