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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled SB 92                                                                                                          
01 Relating to abandoned and derelict vessels; relating to the registration of vessels; relating to                        
02 certificates of title for vessels; relating to the duties of the Department of Administration;                          
03 relating to the duties of the Department of Natural Resources; establishing the derelict vessel                         
04 prevention program; establishing the derelict vessel prevention program fund; relating to the                           
05 authority of certain persons to enforce laws relating to derelict vessels; and providing for an                         
06 effective date.                                                                                                         
07                           _______________                                                                               
08    * Section 1. AS 05.25.055(a) is amended to read:                                                                     
09            (a)  A [AN UNDOCUMENTED] boat placed on water of the state must be                                         
10 titled, registered, and numbered as required by this chapter. The Department of                                     
11 Administration shall adopt by regulation a boat registration and numbering system that                                  
12 is consistent with the national standard for state numbering systems established by the                                 
13       United States Coast Guard.                                                                                        
01    * Sec. 2. AS 05.25.055(f) is amended to read:                                                                        
02 (f)  Unless otherwise provided by this chapter, [OR UNLESS THE OWNER                                                    
03 HAS BEEN AWARDED A CURRENT, VALID ALASKA CERTIFICATE OF                                                                 
04 NUMBER FROM THE UNITED STATES COAST GUARD,] the owner of a boat for                                                     
05 which a current certificate of number has been awarded under federal law or a                                           
06 federally approved numbering system of another state shall apply for a certificate of                                   
07 number in this state as required by this chapter if the boat is operated on water of the                                
08 state for more than 90 consecutive days or if the boat is a barge and is operated on                                  
09 water of the state for more than 60 consecutive days. If a boat has an existing                                       
10 number, the owner may request that the department issue the same number for                                             
11 purposes of this section, and the department shall comply with the request unless                                       
12       compliance would result in a duplication of numbers.                                                              
13    * Sec. 3. AS 05.25.055(i) is amended to read:                                                                        
14 (i)  The following boats are exempt from the numbering and registration                                                 
15       provisions of this section:                                                                                       
16                 (1)  a boat that                                                                                        
17                      (A)  is not a barge;                                                                           
18 (B)  is operated in this state for a period not exceeding 90                                                          
19            consecutive days; and                                                                                      
20 (C)  [THAT] has a current, valid certificate of number issued by                                                      
21            another state having a federally approved numbering system;                                                  
22 (2)  a foreign boat operated in water of the state for a period not                                                     
23       exceeding 90 consecutive days;                                                                                    
24 (3)  a boat owned by the United States or an entity or political                                                        
25 subdivision of the United States, or a boat owned by a state or an entity or political                                  
26       subdivision of a state;                                                                                           
27                 (4)  a boat that is not equipped with mechanical propulsion;                                            
28 (5)  a boat with a valid document to operate the boat that is issued by                                                 
29       [THE UNITED STATES OR] a foreign government;                                                                      
30 (6)  a handmade nonmotorized umiaq with a walrus or sealskin                                                            
31       covering;                                                                                                       
01                 (7)  a boat that                                                                                      
02                      (A)  is a barge;                                                                                 
03                      (B)  is operated in this state for a period not exceeding 60                                     
04            consecutive days; and                                                                                      
05                      (C)  has a current, valid certificate of number issued by                                        
06            another state having a federally approved numbering system.                                                
07    * Sec. 4. AS 05.25 is amended by adding a new section to read:                                                       
08            Sec. 05.25.056. Certificate of title; inadequate evidence of ownership. (a)                                  
09       Except as provided under (f) of this section, the owner of an undocumented boat                                   
10 subject to registration in this state under AS 05.25.055 shall apply to the Department                                  
11       of Administration for a certificate of title for the boat.                                                        
12 (b)  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 (c)  If the Department of Administration is not satisfied as to the ownership of                                        
16 an undocumented boat or believes there may be an undisclosed security interest in an                                    
17 undocumented boat, the Department of Administration may register the boat without                                       
18 issuing a title and shall type or stamp on the face of the certificate of registration "No                              
19       Title Issued." A certificate of title may be issued only if the                                                   
20 (1)  applicant presents documents sufficient to satisfy the Department                                                  
21       of Administration that                                                                                            
22                      (A)  the applicant owns the boat; and                                                              
23                      (B)  there is no undisclosed security interest in the boat; or                                     
24 (2)  title is uncontested for three years following the issuance of the                                                 
25       "No Title Issued" registration.                                                                                   
26 (d)  The state and its employees or agents are not liable for damages or costs                                          
27       associated with an act or omission under this section.                                                            
28 (e)  The Department of Administration shall adopt regulations to implement                                              
29       this section.                                                                                                     
30 (f)  This section does not apply to an undocumented boat that is 24 feet or less                                        
31 in length, unless the owner of the boat chooses to apply to the Department of                                           
01       Administration for a certificate of title for the boat.                                                           
02    * Sec. 5. AS 05.25.090(b), as repealed and reenacted by sec. 20, ch. 28, SLA 2000, is                                
03 amended to read:                                                                                                        
04            (b)  A person who violates AS 05.25.010(d), [OR] 05.25.020(b), or 05.25.055                              
05       is guilty of a violation, as defined in AS 11.81.900, and may be fined up to $50.                                 
06    * Sec. 6. AS 05.25.096 is amended to read:                                                                           
07            Sec. 05.25.096. Fees. (a) The Department of Administration shall assess the                                  
08       following fees:                                                                                                   
09                 (1)  motorized boat registration, registration renewal, and transfer of                                 
10       registration, $24 for a three-year period;                                                                        
11 (2)  nonmotorized boat registration, registration renewal, and transfer of                                              
12       registration, $10 for a three-year period;                                                                        
13                 (3)  replacement of lost registration, $5;                                                              
14                 (4)  replacement of lost registration validation decals, $5;                                          
15 (5)  barge registration, registration renewal, and transfer of                                                        
16       registration, $75 for a three-year period;                                                                      
17                 (6)  boat title and duplicate boat title, $20.                                                        
18 (b)  The Department of Administration shall separately account for fees                                                 
19 collected under (a) of this section for boat registration and titling that are deposited in                           
20 the general fund. The annual estimated balance in that account may be used by the                                       
21 legislature to make appropriations to the department and the Department of                                              
22       Administration to carry out the purposes of this chapter and AS 30.30.                                          
23    * Sec. 7. AS 05.25.100 is amended by adding a new paragraph to read:                                                 
24                 (16)  "barge" means a boat that is                                                                      
25                      (A)  motorized or nonmotorized;                                                                    
26                      (B)  designed to be towed; and                                                                     
27                      (C)  used for carrying freight.                                                                    
28    * Sec. 8. AS 05.25.100, as repealed and reenacted by sec. 23, ch. 28, SLA 2000, is amended                           
29 by adding new paragraphs to read:                                                                                       
30 (5)  "boat" means watercraft used or capable of being used as a means                                                   
31       of transportation on water, except for                                                                            
01                      (A)  a ship's lifeboat;                                                                            
02                      (B)  a seaplane;                                                                                   
03                      (C)  an inspected passenger vessel; and                                                            
04                      (D)  a single air mattress, single inner tube, or other water toy;                                 
05 (6)  "boat dealer" means a person engaged wholly or in part in the                                                      
06 business of selling or offering for sale, buying or taking in trade for the purpose of                                  
07 resale, or exchanging, displaying, demonstrating, or offering for sale three or more                                    
08 boats within 12 consecutive months and who receives or expects to receive money,                                        
09       profit, or any other thing of value;                                                                              
10 (7)  "certificate of number" means the document bearing the                                                             
11 identification number issued to a boat by the Department of Administration under this                                   
12 chapter, by a federal agency, or by the state of principal use under a federally                                        
13       approved numbering system;                                                                                        
14 (8)  "owner" means a person who has a property interest other than a                                                    
15 security interest in a boat and the right of use or possession of the boat; "owner" does                                
16       not include a lessee unless the lease is intended as security;                                                    
17 (9)  "ownership" means a property interest other than a security                                                        
18       interest;                                                                                                         
19 (10)  "undocumented boat" means a boat that does not possess a valid                                                    
20 certificate of documentation issued by the United States Coast Guard under 46 U.S.C.                                    
21       12101 - 12123.                                                                                                    
22    * Sec. 9. AS 30.30.010(a) is amended to read:                                                                        
23 (a)  A person may not store or leave a derelict vessel [IN A WRECKED,                                                 
24 JUNKED, OR SUBSTANTIALLY DISMANTLED CONDITION OR                                                                        
25       ABANDONED]                                                                                                        
26 (1)  on the waters of the state or on state or municipal property [AT                                                 
27 A PORT OR HARBOR OF THE STATE OR A MUNICIPALITY] without the                                                            
28 consent of the state agency or municipality having jurisdiction over the water or                                     
29       property [, PORT, OR HARBOR]; or                                                                                
30 (2)  [DOCKED] at any private property without the consent of the                                                        
31       owner of the property.                                                                                            
01    * Sec. 10. AS 30.30.010(b) is amended to read:                                                                       
02 (b)  Except as provided under AS 30.30.110 - 30.30.150, a [A] state agency,                                           
03 municipality, or peace officer may impound [REMOVE] a derelict vessel subject to                                    
04 this chapter [FROM WATERS OF THE STATE WHEN THE VESSEL                                                                
05 OBSTRUCTS OR THREATENS TO OBSTRUCT NAVIGATION, CONTRIBUTES                                                              
06 TO AIR OR WATER POLLUTION, OR IN ANY OTHER WAY CONSTITUTES A                                                            
07       DANGER OR POTENTIAL DANGER TO THE ENVIRONMENT].                                                                   
08    * Sec. 11. AS 30.30.010(e) is amended to read:                                                                       
09            (e)  A person who violates this section, upon conviction, is guilty of a                                     
10       misdemeanor and is punishable by one or more of the following:                                                  
11                 (1)  a fine of not less than $5,000 or more than $10,000;                                         
12 (2)  [$500, OR BY] imprisonment for a period of not more than 90                                                    
13       days;                                                                                                           
14 (3)  forfeiture of the person's vessel [SIX MONTHS, OR BY BOTH].                                                      
15    * Sec. 12. AS 30.30.010 is amended by adding a new subsection to read:                                               
16 (f)  The department or a municipality may report a violation of this section to                                         
17 the attorney general, who may institute the proper proceedings to enforce the criminal                                  
18       penalties provided in (e) of this section.                                                                        
19    * Sec. 13. AS 30.30 is amended by adding a new section to read:                                                      
20 Sec. 30.30.015. Civil penalties. (a) The department, a municipality, or an                                              
21 aggrieved person may institute a civil action against a person who violates                                             
22 AS 30.30.010. In addition to injunctive and compensatory relief, a civil penalty of not                                 
23 more than $1,000 may be imposed for each violation. An action to enjoin a violation                                     
24 may be brought notwithstanding the availability of any other remedy. On application                                     
25 for injunctive relief and a finding that a person has violated AS 30.30.010, the superior                               
26 court may grant the injunction. Each day that a violation occurs constitutes a separate                                 
27       violation.                                                                                                        
28 (b)  The department may provide for the payment of a civil penalty under this                                           
29       section by mail.                                                                                                  
30    * Sec. 14. AS 30.30.030 is amended to read:                                                                          
31 Sec. 30.30.030. Limitation on applicability. A vessel does not constitute a                                           
01       derelict vessel under this chapter if the                                                                       
02                 (1)  department provides written authorization for the owner to                                       
03       anchor, moor, store, or otherwise leave the vessel within 14 days after the owner                               
04       anchors, moors, stores, or leaves the vessel; and                                                               
05                 (2)  vessel is anchored, moored, stored, or otherwise left unattended                                 
06       for more than 14 days                                                                                           
07 (A)  [WHEREVER] outside of an organized municipality                                                                  
08 where [IN THE STATE] it is [, OR HAS BECOME,] the custom, common, or                                                
09 accepted practice to anchor, moor, store, or otherwise leave a vessel in a port                                       
10            or harbor or in [THE] waters of the state;                                                                 
11 (B)  because [OF THE STATE IN SUCH A MANNER THAT                                                                      
12 IT DOES NOT THREATEN OR OBSTRUCT NAVIGATION, OR TO                                                                      
13 STORE OR OTHERWISE LEAVE A VESSEL WITHOUT PERMISSION                                                                    
14 ON PUBLIC OR PRIVATE PROPERTY, UNATTENDED FOR MORE                                                                      
15 THAN 30 DAYS, WHERE] climatic conditions make use of the vessel                                                         
16            impracticable; or                                                                                          
17 (C)  because other applicable provisions of law prohibit                                                            
18 [PRECLUDE] use of the vessel during that period of time [, THE                                                          
19 UNATTENDED ANCHORING, MOORING, STORING, OR LEAVING OF                                                                   
20 THE VESSEL DOES NOT CONSTITUTE ABANDONMENT OF THE                                                                       
21            VESSEL AS THAT TERM IS USED IN AS 30.30.010 - 30.30.100].                                                    
22    * Sec. 15. AS 30.30.040 is amended to read:                                                                          
23 Sec. 30.30.040. Pre-impoundment notice and hearing [NOTICE TO                                                         
24 OWNER]. Except as otherwise provided in this chapter, at least 20 days before                                         
25 impounding a vessel, the state agency or municipality responsible for impounding                                      
26 the vessel shall post [ON TAKING CUSTODY OF AN ABANDONED VESSEL,] a                                                   
27 written notice [IMMEDIATELY SHALL BE POSTED] on the vessel, if possible, and                                          
28 on the Alaska Online Public Notice System or the municipality's official website.                                     
29 A copy [A DUPLICATE] of that notice must be sent by [REGISTERED OR]                                                 
30 certified mail, with a return receipt, to the [REGISTERED] owner of the vessel at the                                   
31 [REGISTERED] owner's last known address or the address on record with the                                             
01 United States Coast Guard or the Department of Administration and to all                                              
02 lienholders shown on the records of the United States Coast Guard or a state [OR                                      
03 FEDERAL] agency. [THE NOTICE MUST CONTAIN A BRIEF DESCRIPTION OF                                                        
04 THE VESSEL, THE LOCATION OF CUSTODY, AND THE INTENDED                                                                   
05 DISPOSITION OF THE VESSEL IF NOT REPOSSESSED WITHIN 20 DAYS                                                             
06 AFTER THE MAILING OF THE NOTICE. A NOTICE NEED NOT BE SENT TO                                                           
07 THE PURPORTED OWNER OR ANY OTHER PERSON WHOSE INTEREST IN                                                               
08 THE VESSEL IS NOT RECORDED WITH A STATE AGENCY OR A FEDERAL                                                             
09       AGENCY.]                                                                                                          
10    * Sec. 16. AS 30.30.040 is amended by adding new subsections to read:                                                
11            (b)  The notice must contain the                                                                             
12                 (1)  name or number of the vessel, if known;                                                            
13                 (2)  name and address of the owner, if known;                                                           
14                 (3)  intended action against the vessel; and                                                            
15                 (4)  hearing procedure under (c) of this section.                                                       
16 (c)  Except as provided in AS 30.30.065, the owner of a vessel may file a                                               
17 written demand for a pre-impoundment hearing with the state agency or municipality                                      
18 that sent the notice within 15 days after the postmark date of the notice required under                                
19 (a) of this section. If the written demand is made by a person who is not the owner of                                  
20 the vessel, the written demand must establish that the person requesting the hearing                                    
21 has an interest in the vessel. An owner or a person with a financial or security interest                               
22 in a vessel who fails to request or attend a scheduled hearing waives the right to a                                    
23       hearing.                                                                                                          
24 (d)  A pre-impoundment hearing must be conducted within 10 business days                                                
25 after the receipt of a written demand for a pre-impoundment hearing unless the person                                   
26       requesting the hearing consents to a later date.                                                                  
27 (e)  An individual who has authority to direct the impoundment of a vessel at                                           
28 issue in a pre-impoundment hearing may not serve as the hearing officer. The hearing                                    
29 shall be conducted in an informal manner. The provisions of AS 44.62 (Administrative                                    
30       Procedure Act) do not apply to a hearing conducted under this section.                                            
31 (f)  The state agency or municipality responsible for impounding a vessel has                                           
01 the burden of showing substantial evidence that the vessel is derelict. After the                                       
02 hearing, the hearing officer shall issue a written decision of whether there is                                         
03 substantial evidence that the vessel is derelict. A copy of the decision shall be                                       
04 provided to the vessel owner and the person requesting the hearing, if other than the                                   
05       vessel owner.                                                                                                     
06 (g)  If the hearing officer determines that there is substantial evidence                                               
07 establishing that the vessel is derelict, then the state agency or municipality may                                     
08 impound the vessel and proceed with disposition of the vessel as provided under                                         
09       AS 30.30.055.                                                                                                     
10    * Sec. 17. AS 30.30 is amended by adding a new section to read:                                                      
11 Sec. 30.30.045. Notice of disposition of derelict vessel. (a) After impounding                                          
12 a derelict vessel, the state agency or municipality shall post a notice of disposition on                               
13 the Alaska Online Public Notice System or the municipality's website and, if possible,                                  
14       on the vessel itself at least 20 days before disposing of the vessel.                                             
15 (b)  A duplicate of the notice must be served by certified mail, return receipt                                         
16       requested, on                                                                                                     
17 (1)  the owner of the vessel, if known, at the address on record with the                                               
18       United States Coast Guard or the Department of Administration; and                                                
19 (2)  all lienholders who have filed a financing statement indexed in the                                                
20 name of the owner or who are shown on the records of a state agency or the United                                       
21       States Coast Guard.                                                                                               
22            (c)  The notice of disposition must include                                                                  
23                 (1)  a description of the vessel;                                                                       
24                 (2)  the name or number of the vessel, if known;                                                        
25                 (3)  the name and address of the owner, if known;                                                       
26                 (4)  the location of the vessel;                                                                        
27                 (5)  the means of disposition; and                                                                      
28 (6)  the location, date, and time of a public auction if an auction will be                                             
29       held to dispose of the vessel.                                                                                    
30    * Sec. 18. AS 30.30 is amended by adding a new section to read:                                                      
31 Sec. 30.30.055. Impoundment and disposition of derelict vessel. (a) A state                                             
01       agency or municipality may impound a derelict vessel by                                                           
02                 (1)  securing the vessel in place;                                                                      
03                 (2)  towing or sailing the vessel to a secure mooring in a location that is                             
04       authorized by the state agency or municipality; or                                                                
05                 (3)  removing the vessel from the water and placing it in storage.                                      
06 (b)  The state agency or municipality that impounds a vessel may sell, donate,                                          
07 or destroy the vessel if the vessel is not repossessed by the owner or a person with a                                  
08 financial or security interest in the vessel within 20 days after the postmark date of the                              
09 notice mailed under AS 30.30.045(a). The sale of a vessel may be by public auction or                                   
10       by sealed bids or, if no bids are received, by negotiated sale.                                                   
11 (c)  A state agency or municipality may, by regulation or ordinance, adopt sale                                         
12       or disposal methods that are consistent with the provisions of this chapter.                                      
13 (d)  A state agency or municipality shall apply the proceeds from the sale of a                                         
14       vessel under this chapter in the following order:                                                                 
15                 (1)  to the administrative costs associated with impounding the vessel;                                 
16                 (2)  to the costs of towing, handling, and storing the vessel;                                          
17                 (3)  to the administrative costs of conducting the sale;                                                
18                 (4)  to a lienholder to the extent of the lien;                                                         
19 (5)  to the owner of the vessel if the owner can be found; if the owner                                                 
20 cannot be found, the balance shall be deposited into the derelict vessel prevention                                     
21       program fund under AS 30.30.096.                                                                                  
22 (e)  A state agency or municipality shall disperse the proceeds of the sale of a                                        
23       vessel at a public auction under federal law in accordance with federal law.                                      
24 (f)  The state agency or municipality or its designees, employees, or agents are                                        
25 not liable for the disposition of a vessel to the owner, operator, or any lienholder of the                             
26       vessel.                                                                                                           
27 (g)  The transfer of title and interest by sale under this section is a transfer by                                     
28 operation of law. However, a bill of sale executed by an authorized seller is                                           
29       satisfactory evidence authorizing the transfer of the title or interest.                                          
30    * Sec. 19. AS 30.30.060 is amended to read:                                                                          
31 Sec. 30.30.060. Possession by interested party. An owner or a [A] person                                              
01 having a financial or security [AN] interest in a derelict [AN ABANDONED] vessel                                    
02 may take possession of it before the date of the public auction, destruction, or                                      
03 donation of the vessel upon payment to the state agency or municipality of all port or                                
04 harbor use fees, towing, handling, storage, appraisal, advertising, and any other                                       
05 expenses incurred by the state agency or municipality in connection with the vessel.                                    
06 [IF THE PERSON TAKING POSSESSION OF THE VESSEL IS NOT THE                                                               
07 REGISTERED OWNER, THE PERSON SHALL, BEFORE TAKING POSSESSION                                                            
08 OF THE VESSEL, PAY THE EXPENSES INCURRED BY THE STATE AGENCY                                                            
09 OR MUNICIPALITY AND POST ADEQUATE SECURITY, WHICH MAY NOT                                                               
10 EXCEED THE APPRAISED VALUE OF THE VESSEL. THE SECURITY, IF NOT                                                          
11 FORFEITED, SHALL BE RETURNED TO THE PERSON ONE YEAR AFTER                                                               
12       RECEIPT.]                                                                                                         
13    * Sec. 20. AS 30.30 is amended by adding a new section to read:                                                      
14 Sec. 30.30.065. Impoundment of derelict vessels posing imminent clear                                                   
15 and present danger. (a) Notwithstanding any other provision of law, a state agency or                                   
16 municipality may impound a derelict vessel immediately if the vessel constitutes a                                      
17       clear and present danger to public health, safety, or general welfare.                                            
18 (b)  When action is taken to impound a derelict vessel under (a) of this section,                                       
19 the state agency or municipality impounding the vessel shall, after 24 hours of the                                     
20 impoundment, provide notice of the action and the opportunity for a post-                                               
21 impoundment hearing by hand-delivery or certified mail, return receipt requested, to                                    
22       the owner of the vessel if the name and location of the owner is known.                                           
23 (c)  The owner of the vessel or a person with a financial or security interest in                                       
24 the vessel may file a written demand for a post-impoundment hearing within 15 days                                      
25 after the postmark date of the notice of impoundment under (b) of this section. An                                      
26 owner or a person with a financial or security interest in the vessel who fails to request                              
27       or attend a scheduled post-impoundment hearing waives the right to the hearing.                                   
28 (d)  The state agency or municipality that impounded the vessel shall conduct a                                         
29 post-impoundment hearing within 48 hours after receiving a written demand for a                                         
30 post-impoundment hearing. The 48-hour period does not include Saturdays, Sundays,                                       
31 days that the state agency or municipality that impounded the vessel is officially                                      
01 closed, and legal holidays. The state agency or municipality shall conduct the post-                                    
02 impoundment hearing in an informal manner. The provisions of AS 44.62                                                   
03       (Administrative Procedure Act) do not apply to a post-impoundment hearing.                                        
04 (e)  A post-impoundment hearing officer shall determine whether there is                                                
05 substantial evidence establishing that the derelict vessel constituted a clear and present                              
06 danger. If the hearing officer determines that there is substantial evidence to impound                                 
07 the vessel, the state agency or municipality or its designee may proceed to dispose of                                  
08 the vessel as provided under AS 30.30.055. If the hearing officer determines that there                                 
09 was not substantial evidence to impound the vessel, the state agency or municipality                                    
10       that impounded the vessel                                                                                         
11                 (1)  shall release the vessel to the owner;                                                             
12 (2)  may not require the owner to pay the towing, storage,                                                              
13       impoundment, or abatement charges; and                                                                            
14 (3)  shall refund or reimburse any towing, storage, impoundment, or                                                     
15       abatement charges previously paid by the owner.                                                                   
16    * Sec. 21. AS 30.30 is amended by adding a new section to read:                                                      
17 Sec. 30.30.075. Liability for derelict vessels. Except as provided in                                                   
18 AS 30.30.065(e), the owner of a vessel and a person entitled to possession of a vessel                                  
19 impounded under this chapter are jointly and severally liable for all costs incurred by                                 
20 the state agency or municipality in connection with the impoundment, storage, and                                       
21       removal of the vessel.                                                                                            
22    * Sec. 22. AS 30.30.090 is amended to read:                                                                          
23 Sec. 30.30.090. Derelict vessel. A vessel [THAT HAS BEEN LEFT                                                           
24 UNATTENDED FOR MORE THAN 24 CONSECUTIVE HOURS] is a derelict                                                            
25       vessel if                                                                                                       
26 (1)  the vessel is sunk or in immediate danger of sinking, is obstructing                                               
27 a waterway, or is endangering public health, safety, [LIFE OR] property, or the                                     
28       environment; [OR]                                                                                               
29 (2)  the vessel has been anchored, moored, stored, abandoned, or                                                    
30 otherwise left in the waters of the state or on state or municipal [PUBLIC] property                                  
31       contrary to law;                                                                                                
01 (3)  [OR REGULATIONS ADOPTED BY A STATE AGENCY OR                                                                     
02 MUNICIPALITY OR THE VESSEL HAS BEEN LEFT ON PRIVATE PROPERTY                                                            
03 WITHOUT AUTHORIZATION OF THE OWNER OR OCCUPANT OF THE                                                                   
04       PROPERTY, AND IF                                                                                                  
05 (A)]  the vessel's certificate [OF] number or marine document                                                           
06 number has expired and the [REGISTERED] owner no longer resides at the                                                
07 address listed in the vessel registration or marine document records of a state                                         
08            agency or the United States Coast Guard;                                                                     
09 (4) [(B)]  the last [REGISTERED] owner of record disclaims                                                            
10       ownership and the current owner's name or address cannot be determined;                                           
11 (5) [(C)]  the vessel identification numbers and other means of                                                       
12 identification have been obliterated or removed in a manner that nullifies or precludes                                 
13       efforts to locate or identify the owner;                                                                          
14 (6)  [OR (D)] the vessel registration records of a state agency and the                                               
15 marine document records of the United States Coast Guard contain no record that the                                     
16 vessel ever has been registered or documented, and the owner's name or address                                          
17       cannot be determined; or                                                                                        
18 (7)  the vessel has been anchored, moored, stored, abandoned, or                                                      
19 otherwise left unattended on private property without authorization by the                                            
20       owner or occupant of the property.                                                                              
21    * Sec. 23. AS 30.30 is amended by adding new sections to read:                                                       
22 Sec. 30.30.095. Duties and powers of the department. The department shall,                                              
23 to the extent that funds are available from the derelict vessel prevention program fund                                 
24       (AS 30.30.096),                                                                                                   
25 (1)  establish and administer the derelict vessel prevention program to                                                 
26 prevent and deter the abandonment and operation of derelict vessels in the waters of                                    
27 the state and on state, municipal, and private property and to ensure that all state and                                
28 municipal entities have the authority to identify, remove, and discourage derelict                                      
29 vessels from being stored, operated, or abandoned on the waters of the state and on                                     
30       state or municipal property;                                                                                      
31                 (2)  establish                                                                                          
01                      (A)  education and community outreach programs, derelict                                           
02            vessel disposal programs, and funding options for derelict vessel removal                                    
03            efforts; and                                                                                                 
04                      (B)  a derelict vessel advisory council to implement education                                     
05            and community outreach programs that inform and incentivize the removal of                                   
06            derelict vessels from the waters of the state;                                                               
07                 (3)  develop and maintain a publicly available database of known                                        
08       derelict vessels in the state.                                                                                    
09            Sec. 30.30.096. Derelict vessel prevention program fund. (a) The derelict                                    
10 vessel prevention program fund is created in the general fund. The purpose of the fund                                  
11       is to provide a source from which the department may                                                              
12 (1)  reimburse state agencies and municipalities for expenses related to                                                
13 removal of derelict vessels from waters of the state and from state or municipal                                        
14       property;                                                                                                         
15 (2)  pay for development and implementation of programs that                                                            
16       incentivize compliance with this chapter;                                                                         
17 (3)  subsidize projects directly related to the derelict vessel prevention                                              
18       program; and                                                                                                      
19                 (4)  pay the costs of administering the fund.                                                           
20            (b)  The fund consists of money appropriated to the fund, including                                          
21                 (1)  donations;                                                                                         
22                 (2)  money received from the sale of a vessel under this chapter;                                       
23                 (3)  income from the fund and other program receipts;                                                   
24                 (4)  money collected under AS 05.25.096(a)(5) and (6);                                                  
25                 (5)  civil penalties collected under AS 30.30.015.                                                      
26            (c)  Appropriations to the derelict vessel prevention program fund do not lapse.                             
27 (d)  Money appropriated to the fund may be used by the department for the                                               
28       purposes of the fund without further appropriation.                                                               
29            (e)  Nothing in this section creates a dedicated fund.                                                       
30    * Sec. 24. AS 30.30.110 is amended to read:                                                                          
31 Sec. 30.30.110. Disposition of vessels by persons in vessel storage or repair                                         
01       business. When a person abandons a vessel on the premises of a vessel storage or                                
02       repair business, the owner of the business or the business owner's authorized                                     
03       representative may                                                                                                
04                 (1)  sell or dispose of the vessel under AS 30.30.110 - 30.30.150; or                               
05                 (2)  notify a state agency, municipality, or peace officer that the                                   
06       vessel is a derelict vessel subject to impoundment under AS 30.30.010 - 30.30.090.                              
07    * Sec. 25. 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 storage or repair business when all of the following conditions                            
10       have been satisfied:                                                                                              
11 (1)  the service requested or required by a person whose vessel is towed                                                
12 or brought to a vessel storage or repair business, including [BUT NOT LIMITED                                         
13       TO] towing and 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 storage or repair business premises;                       
16 (3)  the owner of the storage or repair business or the business owner's                                              
17 authorized representative has given notice by registered or certified mail, with a return                               
18 receipt, to the registered owner of the vessel at the address on record at the vessel                                   
19 storage or repair business and the address on record in a state agency or the United                                  
20 States Coast Guard, and to any person with a recorded interest in the vessel, stating                                   
21 that, if the vessel is not repossessed within 30 days after the mailing of the notice, it                               
22 will be sold or disposed of; the notice also must contain a description of the vessel and                               
23 its location, and it need not be sent to an owner or a person with an unrecorded interest                               
24       in 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. 26. AS 30.30.130 is amended to read:                                                                          
28 Sec. 30.30.130. Sale or disposition of vessel. When a vessel is abandoned, the                                          
29 owner of the vessel storage or repair business, or the business owner's authorized                                    
30 representative, after one public advertisement in a newspaper of general circulation in                                 
31 the state, may negotiate a sale of the vessel or dispose of it. However, the vessel may                                 
01       not be sold or disposed of within less than 30 [FIVE] days after publication of the                             
02       advertisement.                                                                                                    
03    * Sec. 27. AS 30.30 is amended by adding a new section to article 4 to read:                                         
04            Sec. 30.30.165. Enforcement authority. (a) The following persons are peace                                   
05       officers of the state for the purpose of enforcing the provisions of this chapter and                             
06       regulations adopted under this chapter on the waters of the state:                                                
07                 (1)  an employee of the department or other person authorized by the                                    
08       commissioner of natural resources;                                                                                
09                 (2)  an employee of a municipality authorized by the chief executive                                    
10       officer of the municipality; or                                                                                   
11                 (3)  a peace officer, as that term is defined in AS 01.10.060.                                          
12 (b)  A person designated in (a) of this section, when enforcing the provisions of                                       
13       this chapter or a regulation adopted under this chapter, may                                                      
14 (1)  execute a warrant or other process issued by an officer or court of                                                
15       competent jurisdiction;                                                                                           
16                 (2)  administer or take an oath, affirmation, or affidavit; and                                         
17 (3)  issue a citation or arrest a person who violates a provision of this                                               
18       chapter or a regulation adopted under this chapter.                                                               
19 (c)  A citation issued under (b) of this section must comply with the provisions                                        
20       of AS 12.25.175 - 12.25.230.                                                                                      
21    * Sec. 28. AS 30.30.170(3) is amended to read:                                                                       
22 (3)  "vessel" means every description of watercraft, floating facility, or                                            
23 other artificial contrivance, other than a seaplane on the water, used or capable of                                    
24       being used as a means of transportation on or through the water;                                                  
25    * Sec. 29. AS 30.30.170 is amended by adding new paragraphs to read:                                                 
26 (5)  "abandoned" means a vessel has been left unattended on private,                                                    
27 state, or municipal land or waters of the state without the consent of the landowner or                                 
28       lessee for more than 30 days;                                                                                     
29                 (6)  "department" means the Department of Natural Resources;                                            
30                 (7)  "owner" means a person who                                                                         
31 (A)  has a property interest, other than a financial or security                                                        
01            interest, in a vessel;                                                                                       
02                      (B)  is the last named owner of a vessel with the Department of                                    
03            Administration or the United States Coast Guard; or                                                          
04                      (C)  is designated as having an interest in a vessel in an                                         
05            agreement with a municipality, state agency, or political subdivision of the                                 
06            state;                                                                                                       
07                 (8)  "state agency" means a department, agency, division, or office in                                  
08       the executive branch of state government.                                                                         
09    * Sec. 30. AS 30.30.180 is amended to read:                                                                          
10 Sec. 30.30.180. Short title. This chapter may be cited as the [ABANDONED                                                
11       AND] Derelict Vessels Act.                                                                                        
12    * Sec. 31. AS 37.05.146(c)(45) is amended to read:                                                                   
13 (45)  receipts of the Department of Administration from the boat                                                        
14       registration and titling program under AS 05.25.096;                                                            
15    * Sec. 32. AS 37.05.146(c) is amended by adding a new paragraph to read:                                             
16 (90)  civil penalties collected under AS 30.30.015, money received                                                      
17 from the sale of vessels under AS 30.30, and donations and other receipts deposited to                                  
18       the derelict vessel prevention program fund under AS 30.30.096.                                                   
19    * Sec. 33. Section 27, ch. 28, SLA 2000, is amended to read:                                                         
20 Sec. 27. AS 05.25.052, 05.25.053, [05.25.055,] 05.25.057, 05.25.095 [,                                                  
21       05.25.096]; and AS 09.25.120(a)(9) are repealed.                                                                  
22    * Sec. 34. AS 30.30.010(d), 30.30.020, 30.30.050, 30.30.070, 30.30.080, and 30.30.100 are                            
23 repealed.                                                                                                               
24    * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to                           
25 read:                                                                                                                   
26 TRANSITION: REGULATIONS. The Department of Natural Resources and the                                                    
27 Department of Administration may adopt regulations necessary to implement the changes                                   
28 made by this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act),                            
29 but not before the effective date of the law implemented by the regulation.                                             
30    * Sec. 36. Section 35 of this Act takes effect immediately under AS 01.10.070(c).                                    
31    * Sec. 37. Section 5 of this Act takes effect on the date that sec. 20, ch. 28, SLA 2000, takes                      
01 effect under sec. 30, ch. 28, SLA 2000, as amended by sec. 3, ch. 34, SLA 2004, by sec. 1, ch.                          
02 19, SLA 2009, by sec. 1, ch. 47, SLA 2010, and by sec. 3, ch. 31, SLA 2012.                                             
03    * Sec. 38. Section 8 of this Act takes effect on the date that sec. 23, 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. 39. Except as provided in secs. 36 - 38 of this Act, this Act takes effect January 1,                         
07 2019.                                                                                                                   
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