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CSSB 92(RES): "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                       CS FOR SENATE BILL NO. 92(RES)                                                                    
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                                                        
11       owner of 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 A                                    
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 this section to                                         
28 the attorney general, who may institute the proper proceedings to enforce the criminal                                  
29       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 that a person has violated AS 30.30.010, the superior                               
06 court may 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 14 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 14 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 agency or municipality 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, if possible,                                            
08 and on the state agency's or municipality's official website. A copy [A                                             
09 DUPLICATE] of that notice must be sent by [REGISTERED OR] certified mail, with                                      
10 a return receipt, to the [REGISTERED] owner of the vessel at the [REGISTERED]                                           
11 owner's last known address or the address on record with the United States Coast                                    
12 Guard or the Department of Administration and to all lienholders shown on the                                       
13 records of the United States Coast Guard or a state [OR FEDERAL] agency. [THE                                       
14 NOTICE MUST CONTAIN A BRIEF DESCRIPTION OF THE VESSEL, THE                                                              
15 LOCATION OF CUSTODY, AND THE INTENDED DISPOSITION OF THE                                                                
16 VESSEL IF NOT REPOSSESSED WITHIN 20 DAYS AFTER THE MAILING OF                                                           
17 THE NOTICE. A NOTICE NEED NOT BE SENT TO THE PURPORTED OWNER                                                            
18 OR ANY OTHER PERSON WHOSE INTEREST IN THE VESSEL IS NOT                                                                 
19       RECORDED WITH A 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 with the state agency or municipality                                      
28 that sent the notice within 15 days after the postmark date of the notice required under                                
29 (a) of this section. If the written demand is made by a person who is not the owner of                                  
30 the vessel, the written demand must establish that the person requesting the hearing                                    
31 has an interest in the vessel. An owner or a person with an interest in a vessel who                                    
01       fails to request or attend a scheduled hearing waives the 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 agency or municipality responsible for impounding a vessel has                                
10 the burden of showing substantial evidence that the vessel is derelict. After the                                       
11 hearing, the hearing officer shall issue a written decision of whether there is                                         
12 substantial evidence that the vessel is derelict. A copy of the decision shall be                                       
13 provided to the vessel owner and the person requesting the hearing, if other than the                                   
14       vessel owner.                                                                                                     
15 (g)  If the hearing officer determines that there is substantial evidence                                               
16 establishing that the vessel is derelict, then the state agency or municipality may                                     
17 proceed with the state agency or municipality disposition of the vessel as provided                                     
18       under AS 30.30.055.                                                                                               
19    * Sec. 17. AS 30.30 is amended by adding a new section to read:                                                    
20 Sec. 30.30.045. Notice of disposition of derelict vessel. (a) After impounding                                        
21 a derelict vessel, the state agency or municipality shall publish a notice of disposition                               
22 on the website of the state agency or municipality and, if possible, on the vessel itself                               
23       at least 30 days before disposing of the vessel.                                                                  
24 (b)  A duplicate of the notice must be served by certified mail, return receipt                                         
25       requested, on                                                                                                     
26 (1)  the owner of the vessel, if known, at the address on record with the                                               
27       United States Coast Guard or the Department of Administration; and                                                
28 (2)  all lienholders who have filed a financing statement indexed in the                                                
29 name of the owner or who are shown on the records of a state agency or the United                                       
30       States Coast Guard.                                                                                               
31            (c)  The notice of disposition must include                                                                  
01                 (1)  a description of the vessel;                                                                       
02                 (2)  the name or number of the vessel;                                                                  
03                 (3)  the name and address of the owner, if known;                                                       
04                 (4)  the location of the vessel;                                                                        
05                 (5)  the means of disposition; and                                                                      
06                 (6)  the location, date, and time of a public auction if an auction will be                             
07       held to dispose of the vessel.                                                                                    
08    * Sec. 18. AS 30.30 is amended by adding a new section to read:                                                    
09            Sec. 30.30.055. Impoundment and disposition of derelict vessel. (a) A state                                
10 agency or municipality may impound a derelict vessel by immobilizing and removing                                       
11       the vessel or towing the vessel from the water and placing it in storage.                                         
12 (b)  The state agency or municipality that impounds a vessel may sell, donate,                                          
13 or destroy the vessel if the vessel is not repossessed by the owner or a person with an                                 
14 interest in the vessel within 30 days after the postmark date of the notice mailed under                                
15       AS 30.30.045(a). The sale of a vessel may be by public auction or by sealed bids.                                 
16 (c)  A state agency or municipality may, by regulation or ordinance, adopt sale                                         
17       or disposal methods that are consistent with the provisions of this chapter.                                      
18 (d)  A state agency or municipality shall apply the proceeds from the sale of a                                         
19       vessel under this chapter as follows:                                                                             
20                 (1)  to the costs of conducting the sale;                                                               
21                 (2)  to the costs of towing, handling, and storing the vessel;                                          
22                 (3)  to a lienholder to the extent of the lien;                                                         
23 (4)  to the owner of the vessel if the owner can be found; if the owner                                                 
24 cannot be found, the balance shall be deposited in a separate account maintained by                                     
25 the state agency or municipality or with the commissioner of administration and shall                                   
26       be paid in accordance with AS 30.30.096.                                                                          
27 (e)  A state agency or municipality shall disperse the proceeds of the sale of a                                        
28       vessel at a public auction under federal law in accordance with federal law.                                      
29 (f)  The state agency or municipality or its designees, employees, or agents are                                        
30 not liable for the disposition of a vessel to the owner, operator, or any lienholder of the                             
31       vessel.                                                                                                           
01 (g)  The transfer of title and interest by sale under this section is a transfer by                                     
02 operation of law. However, a bill of sale executed by an authorized seller is                                           
03       satisfactory evidence authorizing the transfer of the title or interest.                                          
04    * Sec. 19. AS 30.30.060 is amended to read:                                                                        
05 Sec. 30.30.060. Possession by interested party. A person having an interest in                                        
06 a derelict [AN ABANDONED] vessel may take possession of it before the date of the                                   
07 public auction, destruction, or donation of the vessel upon payment to the state                                    
08 agency or municipality of all port or harbor use fees, towing, handling, storage,                                       
09 appraisal, advertising, and any other expenses incurred by the state agency or                                          
10 municipality in connection with the vessel. [IF THE PERSON TAKING                                                       
11 POSSESSION OF THE VESSEL IS NOT THE REGISTERED OWNER, THE                                                               
12 PERSON SHALL, BEFORE TAKING POSSESSION OF THE VESSEL, PAY THE                                                           
13 EXPENSES INCURRED BY THE STATE AGENCY OR MUNICIPALITY AND                                                               
14 POST ADEQUATE SECURITY, WHICH MAY NOT EXCEED THE APPRAISED                                                              
15 VALUE OF THE VESSEL. THE SECURITY, IF NOT FORFEITED, SHALL BE                                                           
16       RETURNED TO THE PERSON ONE YEAR AFTER RECEIPT.]                                                                   
17    * Sec. 20. AS 30.30 is amended by adding a new section to read:                                                    
18 Sec. 30.30.065. Impoundment of derelict vessels posing imminent clear                                                 
19 and present danger. (a) Notwithstanding any other provision of law, a state agency or                                 
20 municipality may impound a derelict vessel immediately if the vessel constitutes a                                      
21       clear and present danger to public health, safety, or general welfare.                                            
22 (b)  When action is taken to impound a derelict vessel under (a) of this section,                                       
23 the state agency or municipality impounding the vessel shall, after 24 hours of the                                     
24 impoundment, provide notice of the action and the opportunity for a post-                                               
25 impoundment hearing by hand-delivery or certified mail, return receipt requested, to                                    
26       the owner of the vessel if the name and location of the owner is known.                                           
27 (c)  The owner of the vessel or a person with an interest in the vessel may file a                                      
28 written demand for a post-impoundment hearing within 15 days after the postmark                                         
29 date of the notice of impoundment under (b) of this section. An owner or a person with                                  
30 an interest in the vessel who fails to request or attend a scheduled post-impoundment                                   
31       hearing waives the right to the hearing.                                                                          
01 (d)  The state agency or municipality that impounded the vessel shall conduct a                                         
02 post-impoundment hearing within 48 hours after receiving a written demand for a                                         
03 post-impoundment hearing. The 48-hour period does not include Saturdays, Sundays,                                       
04 and legal holidays. The provisions of AS 44.62 (Administrative Procedure Act) do not                                    
05       apply to a post-impoundment hearing.                                                                              
06 (e)  A post-impoundment hearing officer shall determine whether there is                                                
07 substantial evidence establishing that the derelict vessel constituted a clear and present                              
08 danger. If the hearing officer determines that there is substantial evidence to impound                                 
09 the vessel, the state agency or municipality or its designee may proceed to dispose of                                  
10 the vessel as provided under AS 30.30.055. If the hearing officer determines that there                                 
11       was not substantial evidence to impound the vessel,                                                               
12                 (1)  the state agency or municipality that impounded the vessel                                         
13                      (A)  shall release the vessel to the owner;                                                        
14 (B)  may not require the owner to pay the towing, storage,                                                              
15            impoundment, or abatement charges; and                                                                       
16 (C)  shall refund or reimburse any towing, storage,                                                                     
17            impoundment, or abatement charges previously paid by the owner; and                                          
18 (2)  the hearing officer shall award to the owner attorney fees and costs                                               
19 incurred in the hearing; the award shall be made as provided by Rules 68, 79, and 82,                                   
20       Alaska Rules of Civil Procedure.                                                                                  
21    * Sec. 21. AS 30.30 is amended by adding a new section to read:                                                    
22 Sec. 30.30.075. Liability for derelict vessels. The owner of a vessel and a                                           
23 person entitled to possession of a vessel impounded under this chapter are jointly and                                  
24 severally liable for all costs incurred by the state agency or municipality in connection                               
25       with the impoundment, storage, and removal of the vessel.                                                         
26    * Sec. 22. AS 30.30.090 is amended to read:                                                                        
27 Sec. 30.30.090. Derelict vessel. A vessel [THAT HAS BEEN LEFT                                                         
28 UNATTENDED FOR MORE THAN 24 CONSECUTIVE HOURS] is a derelict                                                            
29       vessel if                                                                                                     
30 (1)  the vessel is sunk or in immediate danger of sinking, is obstructing                                               
31 a waterway, or is endangering public health, safety, [LIFE OR] property, or the                                 
01       environment; [OR]                                                                                             
02                 (2)  the vessel has been anchored, moored, stored, abandoned, or                                
03       otherwise left in the waters of the state or on state or municipal [PUBLIC] property                          
04       contrary to law;                                                                                              
05 (3)  [OR REGULATIONS ADOPTED BY A STATE AGENCY OR                                                                   
06 MUNICIPALITY OR THE VESSEL HAS BEEN LEFT ON PRIVATE PROPERTY                                                            
07 WITHOUT AUTHORIZATION OF THE OWNER OR OCCUPANT OF THE                                                                   
08       PROPERTY, AND IF                                                                                                  
09                      (A)]  the vessel's certificate [OF] number or marine document                                      
10 number has expired and the [REGISTERED] owner no longer resides at the                                              
11 address listed in the vessel registration or marine document records of a state                                         
12            agency or the United States Coast Guard;                                                                     
13 (4) [(B)]  the last [REGISTERED] owner of record disclaims                                                          
14       ownership and the current owner's name or address cannot be determined;                                           
15 (5) [(C)]  the vessel identification numbers and other means of                                                     
16 identification have been obliterated or removed in a manner that nullifies or precludes                                 
17       efforts to locate or identify the owner;                                                                          
18 (6)  [OR (D)] the vessel registration records of a state agency and the                                             
19 marine document records of the United States Coast Guard contain no record that the                                     
20 vessel ever has been registered or documented, and the owner's name or address                                          
21       cannot be determined; or                                                                                      
22 (7)  the vessel has been anchored, moored, stored, abandoned, or                                                    
23 otherwise left unattended on private property without authorization by the                                          
24       owner or occupant of the property.                                                                            
25    * Sec. 23. AS 30.30 is amended by adding new sections to read:                                                     
26 Sec. 30.30.095. Duties and powers of the department. The department shall,                                            
27       subject to appropriations,                                                                                        
28 (1)  establish and administer the derelict vessel prevention program to                                                 
29 prevent and deter the abandonment and operation of derelict vessels in the waters of                                    
30 the state and on state, municipal, and private property and to ensure that all state and                                
31 municipal entities have the authority to identify, remove, and discourage derelict                                      
01       vessels from being stored, operated, or abandoned on the waters of the state and on                               
02       state or municipal property;                                                                                    
03                 (2)  establish                                                                                          
04                      (A)  education and community outreach programs, derelict                                           
05            vessel disposal programs, and funding options for derelict vessel removal                                    
06            efforts; and                                                                                                 
07                      (B)  a derelict vessel advisory council to implement education                                     
08            and community outreach programs that inform and incentivize the removal of                                   
09            derelict vessels from the waters of the state;                                                               
10                 (3)  develop and maintain a publicly available vessel tracking system.                                  
11 Sec. 30.30.096. Derelict vessel prevention program fund. (a) The derelict                                           
12 vessel prevention program fund is created in the general fund. The purpose of the fund                                  
13       is to provide a source from which the department may                                                              
14 (1)  reimburse state agencies and municipalities for expenses related to                                                
15 removal of derelict vessels from waters of the state and from state or municipal                                        
16       property;                                                                                                         
17 (2)  pay for development and implementation of programs that                                                            
18       incentivize compliance with this chapter; and                                                                     
19 (3)  subsidize projects directly related to the derelict vessel prevention                                              
20       program.                                                                                                          
21            (b)  The fund consists of money appropriated to the fund, including                                          
22                 (1)  donations;                                                                                         
23                 (2)  money received from the sale of a vessel under this chapter;                                       
24                 (3)  income from the fund and other program receipts;                                                   
25                 (4)  money collected under AS 05.25.096(a)(5) and (6);                                                  
26                 (5)  civil penalties collected under AS 30.30.015.                                                      
27            (c)  Appropriations to the derelict vessel prevention program fund do not lapse.                             
28 (d)  Money appropriated to the fund may be used by the department for the                                               
29       purposes of the fund without further appropriation.                                                               
30            (e)  Nothing in this section creates a dedicated fund.                                                       
31    * Sec. 24. AS 30.30.170(3) is amended to read:                                                                     
01                 (3)  "vessel" means every description of watercraft, floating facility, or                          
02       other artificial contrivance, other than a seaplane on the water, used or capable of                              
03       being used as a means of transportation on or through the water;                                                  
04    * Sec. 25. AS 30.30.170 is amended by adding new paragraphs to read:                                               
05                 (5)  "abandoned" means a vessel has been left unattended on private,                                    
06       state, or municipal land or waters of the state without the consent of the landowner or                           
07       lessee for more than 30 days;                                                                                     
08                 (6)  "department" means the Department of Natural Resources;                                            
09                 (7)  "owner" means a person who                                                                         
10 (A)  has a property interest, other than a security interest, in a                                                      
11            vessel;                                                                                                      
12 (B)  is the last named owner of a vessel with the Department of                                                         
13            Administration or the United States Coast Guard; or                                                          
14 (C)  is designated as having an interest in a vessel in an                                                              
15 agreement with a municipality, state agency, or political subdivision of the                                            
16            state;                                                                                                       
17 (8)  "state agency" means a department, agency, division, or office in                                                  
18       the executive branch of state government.                                                                         
19    * Sec. 26. AS 30.30.180 is amended to read:                                                                        
20 Sec. 30.30.180. Short title. This chapter may be cited as the [ABANDONED                                              
21       AND] Derelict Vessels Act.                                                                                        
22    * Sec. 27. AS 37.05.146(45) is amended to read:                                                                    
23 (45)  receipts of the Department of Administration from the boat                                                        
24       registration and titling program under AS 05.25.096;                                                          
25    * Sec. 28. AS 37.05.146 is amended by adding a new paragraph to read:                                              
26 (90)  civil penalties collected under AS 30.30.015, money received                                                      
27 from the sale of vessels under AS 30.30, and donations and other receipts deposited to                                  
28       the derelict vessel prevention program fund under AS 30.30.096.                                                   
29    * Sec. 29. Section 27, ch. 28, SLA 2000, is amended to read:                                                       
30 Sec. 27. AS 05.25.052, 05.25.053, [05.25.055,] 05.25.057, 05.25.095 [,                                                  
31       05.25.096]; and AS 09.25.120(a)(9) are repealed.                                                                  
01    * Sec. 30. AS 30.30.010(d), 30.30.020, 30.30.050, 30.30.070, 30.30.080, 30.30.100,                                 
02 30.30.110, 30.30.120, 30.30.130, 30.30.140, and 30.30.150 are repealed.                                                 
03    * Sec. 31. The uncodified law of the State of Alaska is amended by adding a new section to                         
04 read:                                                                                                                   
05 TRANSITION: REGULATIONS. The Department of Natural Resources and the                                                    
06 Department of Administration may adopt regulations necessary to implement the changes                                   
07 made by this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act),                            
08 but not before the effective date of the law implemented by the regulation.                                             
09    * Sec. 32. The uncodified law of the State of Alaska is amended by adding a new section to                         
10 read:                                                                                                                   
11 REVISOR'S INSTRUCTION. The revisor of statutes is requested to change the                                               
12 heading of                                                                                                              
13 (1)  AS 30.30 from "Abandoned and Derelict Vessels" to "Derelict Vessels";                                              
14 and                                                                                                                     
15 (2)  AS 30.30.010 from "Abandonment of vessel unlawful" to "Derelict vessels                                            
16 unlawful."                                                                                                              
17    * Sec. 33. Section 31 of this Act takes effect immediately under AS 01.10.070(c).                                  
18    * Sec. 34. Section 5 of this Act takes effect on the date that sec. 20, ch. 28, SLA 2000, takes                    
19 effect under sec. 30, ch. 28, SLA 2000, as amended by sec. 3, ch. 34, SLA 2004, by sec. 1, ch.                          
20 19, SLA 2009, by sec. 1, ch. 47, SLA 2010, and by sec. 3, ch. 31, SLA 2012.                                             
21    * Sec. 35. Section 8 of this Act takes effect on the date that sec. 23, ch. 28, SLA 2000, takes                    
22 effect under sec. 30, ch. 28, SLA 2000, as amended by sec. 3, ch. 34, SLA 2004, by sec. 1, ch.                          
23 19, SLA 2009, by sec. 1, ch. 47, SLA 2010, and by sec. 3, ch. 31, SLA 2012.                                             
24    * Sec. 36. Except as provided in secs. 33 - 35 of this Act, this Act takes effect January 1,                       
25 2019.