Legislature(2017 - 2018)ADAMS ROOM 519
03/28/2018 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB219 | |
| HB217 | |
| HJR29 | |
| HB386 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 219 | TELECONFERENCED | |
| + | HB 386 | TELECONFERENCED | |
| += | HB 217 | TELECONFERENCED | |
| + | HJR 29 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 386
"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."
3:27:30 PM
Co-Chair Foster discussed the schedule.
3:28:05 PM
AT EASE
3:28:33 PM
RECONVENED
REPRESENTATIVE PAUL SEATON, SPONSOR, provided background
information about the impetus for the bill. He stated that
in 2012 there was an emergency, because someone had
purchased two old boats, but could not put them in the
water. He stated that those boats sank in the swamp. He
stated that the clean up of the vessels was a long
expensive process. He shared that it was a state
responsibility, because it was difficult to determine who
owned and who was responsible for the vessels. He stated
that he had sponsored bill that said that if vessels were
denied entry into harbor, they could not be stored in state
waters for over two weeks without removing the hazardous
waste from the vessels. He felt that the legislation was
difficult to enforce.
3:33:50 PM
Co-Chair Seaton continued to discuss the need for the bill.
PATRICIA NICKELL-ZIMMERMAN, STAFF, REPRESENTATIVE PAUL
SEATON, provided a PowerPoint presentation titled "HB 386
Vessels: Registration/Titles; Derelicts" (copy on file).
Ms. Nickell-Zimmerman moved to slide 3, "Title 05. Chapter
25. Watercraft:
Undocumented Vessels:
Adds Title requirement @20.00 for vessels that
are: (AS 05.25.096(a)(6))
20 feet or more; and
commercially used (AS 05.25.056(g))
Increases boat registration fee to $30.00
[$24.00] for 3 years. (AS 05.25.096(a)(1))
List of exemptions to Title and Registration
requirements. (AS 05.25.056), (AS 05.25.055(i))
Documented Vessels:
No Title required (AS 05.25.055(i)(1)(c))
Adds Registration of $30.00 for 3 years. (AS
05.25.096(a)(1))
Barges
Adds definition of barge (AS 05.25.100(16))
Adds Barge registration of $75.00 for 3 years.
(AS 05.25.096(5))
3:39:23 PM
Ms. Nickell-Zimmerman turned to slide 4, "Title 30. Chapter
30. Abandoned and Derelict Vessels":
? Adds state or municipal property to areas that a
person may not store a derelict vessel.
AS 30.30.010 (a)(1)
? Amends statute upon conviction, increases fine to
not less than 5K or more than 10K and/or not more than
90 days imprisonment and/or forfeiture of vessel. AS
30.30.010(e)
? Adds DNR duties and powers to establish and
administer Derelict Vessel Prevention Program Fund.
AS 30.30.095 and 096
? Adds regulated process for impoundment, through
notice and hearings prior to disposition. AS
30.30.040, 045, 055, 060, 065, 075
Ms. Nickell-Zimmerman addressed slide 5 titled "What is
Derelict?":
DERELICT VESSEL 30.30.090
Sunk or sinking, obstructing or endangering
health, safety, or environment
number obliterated
Owner of record disclaims and current owner
cannot be determined
Moored, anchored, stored, abandoned (see
definition) or left contrary to law
No record of documentation or registration and
ownership cannot be determined
Moored, anchored, stored, abandoned (see
definition) without authorization on private
property.
Expired registration or document number and owner
no longer at address
Ms. Nickell-Zimmerman moved to slide 6 titled "Process to
Impoundment":
20 days prior to impoundment, written notice and
posted on agencies website AS 30.30.040
Within 15 days after postmark on written notice, owner
may request informal pre-impoundment hearing AS
30.30.040(c)
10 business days (or longer per request of
owner) after receipt of written request by owner,
jurisdiction schedules informal hearing. AS
30.30.040(d)
Jurisdiction to provide written decision to
owner, showing "substantial evidence that vessel
is derelict". AS 30.30.040(f)
If found to be derelict, jurisdiction may impound
AS 30.30.055
Owner may take possession upon reimbursement
to State or municipality of incurred costs.
(notices costs, harbor fees, storage fees, etc.)
AS 30.30.060
Jurisdiction may sell, donate or destroy if
not repossessed within 30 days after postmark on
written notice AS30.30.055(b) after posting
disposition. AS 30.30.045
Ms. Nickell-Zimmerman addressed slide 7, "Appropriation of
Title Fees and Barge Fees created through this
legislation":
Derelict Vessel Prevention Program Fund AS 30.30.096
Money is appropriated into the fund, no further
appropriation is needed to move funds out.
Appropriations do not lapse.
3:44:41 PM
Representative Wilson MOVED to ADOPT the proposed committee
substitute for HB 386, Work Draft 30-LS1475\D (Bruce,
3/21/18). There being NO OBJECTION, it was so ordered.
Vice-Chair Gara supported the bill. He remarked on the
short title of the bill, which he believed should be
changed.
Representative Kawasaki asked about the collection from
people who had left derelict vehicles.
Co-Chair Foster listed individuals available for questions.
Co-Chair Seaton deferred to the Department of Law.
3:47:25 PM
PETER CALTAGIRONE, ATTORNEY, CIVIL DIVISION, ENVIRONMENTAL
SECTION, DEPARTMENT OF LAW (via teleconference), asked to
hear the question.
Representative Kawasaki wondered why it was difficult to
prosecute the owner in removing their "junk."
Mr. Caltagirone replied that the current penalty in statute
was not very high. The bill as presented increased both the
fines, and punishment as an unclassified misdemeanor. He
remarked that the difficulty in removing the vessel was
primarily the cost. He shared that the current statute gave
the Department of Natural Resources (DNR) and the
municipality the ability to take the vessel, but did not
address the high cost. He shared that the current bill
created a titling requirement, which would help tracking
the owner. He furthered that even knowing the owner of the
vessel did not guarantee removal of the vessel. He stated
that there was a high cost to remove even a smaller vessel.
3:51:10 PM
Representative Kawasaki asked about past legislation about
derelict mining equipment on state lands.
Mr. Caltagirone was not familiar with the mentioned
legislation.
Representative Guttenberg noted that the registration
process sat on top of the Division of Motor Vehicles (DMV)
process. He asked if there was a way for a party to take a
vessel before it derelict and take ownership.
Mr. Caltagirone replied in the negative. The current law as
written did not allow it. There was no current titling
requirement in Alaska.
Representative Guttenberg asked if a person would have an
opportunity to bid on the item.
Mr. Caltagirone asked what Representative Guttenberg meant
by his use of the word "you."
Representative Guttenberg clarified.
Mr. Caltagirone replied it would be his understanding. For
the state to get involved he believed it would have to be
on trespassing.
3:54:38 PM
Co-Chair Seaton requested to hear about the process from
his staff.
Ms. Nickel-Zimmerman shared that one of the questions that
had arisen when DMV had approached the sponsor was related
to titling. Titling would be new for boat owners, and was
proof of ownership. They had been told there would be
another process for the potential of an affidavit.
Representative Wilson asked for verification they were
speaking about boats 20 feet or larger.
Ms. Nickel-Zimmerman replied in the affirmative.
HB 386 was HEARD and HELD in committee for further
consideration.
Co-Chair Foster reviewed the meeting schedule for the
following day.