Bill Text: HI HB2589 | 2012 | Regular Session | Amended
Bill Title: Vessels; Custody and Disposition
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-06-21 - (S) Act 146, 6/21/2012 (Gov. Msg. No. 1248). [HB2589 Detail]
Download: Hawaii-2012-HB2589-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2589 |
|
TWENTY-SIXTH LEGISLATURE, 2012 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO VESSELS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 200, Hawaii Revised Statutes, is amended by amending part III as follows:
1. By amending section 200-41 to read:
"[[]§200-41[]]
Disposition [by chairperson] of certain abandoned vessels. (a)
Any vessel [which:
(1) Has been
left unattended for a continuous period of more than thirty days; and
(2) Is
within the waters of the State or on public property, or is on private property
without authorization of the owner or occupant of the property,
may be caused by
the chairperson to be taken into custody and disposed of pursuant to this part.] may be deemed abandoned if the vessel has been
moored or otherwise left in the waters of the State or on public property
contrary to law or rules having the force and effect of law, or left on private
property without authorization of the owner or occupant of the property if:
(1) The vessel's registration certificate or marine document has expired and the registered owner no longer resides at the address listed in the vessel registration or marine document records of the department or the United States Coast Guard;
(2) The last registered owner of record disclaims ownership and the current owner's name or address cannot be determined;
(3) The vessel identification numbers and other means of identification have been removed so as to hinder or nullify efforts to locate or identify the owner;
(4) The vessel registration records of the department of land and natural resources and the marine document records of the United States Coast Guard contain no record that the vessel has ever been registered or documented and the owner's name or address cannot be determined; or
(5) The requirements of section 200-52 are met.
(b) The determination whether a vessel is abandoned may be made by:
(1) The chairperson, with regard to public property under the jurisdiction of the department of land and natural resources; or
(2) Any other state department or agency through its director, with regard to public property within the department or agency's respective jurisdiction; or
(3) Any county through its mayor or chief of police, with regard to public property within the respective county's jurisdiction.
Once a vessel is deemed abandoned, the appropriate official under this subsection may direct and cause the vessel to be taken into custody and disposed of pursuant to and in the manner provided in this chapter.
(c) All vessels abandoned on private property shall be the responsibility of the private property owner."
2. By amending section 200-42 to read:
"§200-42
Notice to owner. [Upon] A state or county agency, upon
taking custody of any vessel, [a written notice] shall immediately [be
posted] post a written notice on the vessel and send a
duplicate original [sent] by registered or certified mail, with a return
receipt requested, to [the] any owner registered with the
department or documented by the United States Coast Guard or any lien holder or
operator of the vessel on record with the department of land and natural
resources or the United States Coast Guard at their respective last known
address on record with the department or the United States Coast Guard. The
notice shall contain a brief description of the vessel, the location of
custody, and the intended disposition of the vessel if not repossessed within
twenty days after the mailing of the notice. Such owner, lien holder, or
operator, of the vessel shall have ten days after receipt of the mailed notice
to request in writing an administrative hearing[.] pursuant to
chapter 91 from the state or county agency that took custody of the vessel.
This administrative hearing is solely for the purpose of allowing the owner,
lien holder, or operator of an impounded vessel to contest the basis given [by
the department] for the impoundment of the vessel. The hearing [must]
shall be held within five working days of the [department's] state
or county agency's receipt of the written request."
3. By amending section 200-44, to read:
"§200-44 Possession by interested party. Any
person having an interest in the vessel taken into custody may take
possession of the vessel prior to the date of public auction upon payment to
the [department] state or county agency that took custody of the
vessel of all use fees, towing, handling and storage charges, appraisal and
advertising expenses, and any other expenses incurred by [the department]
that state or county agency in connection with the vessel. If the
person taking possession of the vessel is not the registered or documented
owner, the person, prior to taking possession of the vessel, shall pay the
foregoing expenses and post security satisfactory to the [department] state
or county agency, which shall not exceed the value of the vessel. The
security, if not forfeited, shall be returned to the person posting it within
two years after receipt."
4. By amending section 200-45 to read:
"§200-45 When public auction not required. Public
auction shall not be required when the appraised value of any vessel is less
than $5,000, as determined by an independent appraiser who has at least one
year of experience in the sale or purchase of vessels. Upon that
determination, after public notice of intended disposition has been given at
least once, the [department] state or county agency that took custody
of the vessel may sell the vessel by negotiation, dispose of it as junk, or
donate the vessel to any governmental agency."
5. By amending section 200-46 to read:
"[[]§200-46[]] Effect of sale.
The transfer of interest by sale hereunder shall be evidenced by a bill of sale
from the [department,] appropriate state or county agency, shall
be considered a transfer by operation of law, and shall be governed by
provisions applicable thereto."
6. By amending section 200-47 to read:
"§200-47
Disposition of proceeds. [The department] A state or county
agency that sells a vessel pursuant to this part shall deposit that portion
of the proceeds of the sale of [a] the vessel that represents the
mooring or other fees and charges due the [department] agency,
the expenses of the auction, and any other expense incurred by the [department]agency
in taking into custody and disposing of an abandoned vessel, derelict vessel,
or vessel impounded under section 200-16, into the boating special fund or
other state or county fund, as appropriate, from which the expenses
incurred in connection with the vessel were paid. The balance, if any, shall
be deposited into the general fund of the State. The owner may recover any
balance of the proceeds from the State only if the owner files a claim therefor
with the department of budget and finance within one year after the execution
of the bill of sale. If no claim is made within the year allowed, the money
shall become a state realization. A lien holder shall receive priority in
payment from the balance of the proceeds to the extent of the lien holder's lien
on the vessel. If the proceeds of the sale are insufficient to cover the
mooring and other fees and charges, the expenses of the auction, and the
other expenses incurred by the [department] agency in taking into
custody and disposing of the vessel, the [department] agency may
bring an action for the deficiency in a court of appropriate jurisdiction
against the registered or documented owner or any person who had an interest in
the vessel when custody was taken by the [department] agency."
SECTION 2. Chapter 200, Hawaii Revised Statutes, is amended by amending the title of part IV to read as follows:
"PART IV. VESSELS
ABANDONED ON [BUSINESS] PREMISES
OF PERSONS ENGAGED IN REPAIR BUSINESS,
PRIVATE MARINAS, [AND]
YACHT CLUBS,
OR ON OTHER PRIVATE PROPERTY"
SECTION 3. Section 200-51, Hawaii Revised Statutes, is amended to read as follows:
"§200-51 Disposition of vessels [by
persons in] abandoned on premises of vessel repair business, private
marinas, [or] yacht clubs[.], or other private property.
When any person abandons a vessel upon the premises of a vessel repair
business, a private marina, [or] a yacht club, [the] or other
private property, the owner of the vessel repair business or private
marina, or the owner's representative[, or]; the designated
representative of the yacht club[,]; or the owner of other private
property, may sell or dispose of the vessel in accord with this part."
SECTION 4. Section 200-52, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"§200-52
When vessel deemed abandoned[.] on the premises of a
vessel repair business, private marina, or yacht club." SECTION
5. Section 200-53, Hawaii Revised Statutes, is amended to read as follows:
"§200-53 Sale or disposition of vessel.
When a vessel is abandoned, the owner of the vessel repair business[,]
or private marina, or the owner's authorized representative[, or];
the designated representative of the yacht club[,]; or the owner of
other private property, after one public advertisement in a newspaper of
general circulation in the State, may negotiate a sale of the vessel or dispose
of it; provided that the vessel shall not be sold or disposed of less than five
calendar days after the publication of the advertisement. Upon the sale or
disposal of the vessel under this part, the owner of the vessel repair business[,]
or private marina, or the owner's authorized representative[, or];
the designated representative of the yacht club[,]; or the owner of
other private property, shall file an affidavit with the department of
land and natural resources stating to whom the vessel was sold or, if the
vessel was not sold, the manner in which the vessel was disposed of pursuant to
this part."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
Report Title:
Vessels; Custody and Disposition
Description:
Clarifies responsibility for disposing of vessels and amends the description of an abandoned vessel. (HB2589 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
