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
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2589 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO VESSELS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 200-41, Hawaii Revised Statutes, is amended to read as follows:
"[[]§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 on public property may be made by:
(1) The chairperson, with regard to public property under the jurisdiction of the department of land and natural resources;
(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 the mayor's designee, or chief of police, with regard to public property within the respective county's jurisdiction; provided that the department shall provide to the respective county access to the department's vessel registration and marine document records or those of the United States Coast Guard for the purposes of this section.
Once a vessel is deemed abandoned, the official designated in 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."
SECTION 2. Section 200-42, Hawaii Revised Statutes, is amended to read as follows:
"§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 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."
SECTION 3. Section 200-44, Hawaii Revised Statutes, is amended to read as follows:
"§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."
SECTION 4. Section 200-45, Hawaii Revised Statutes, is amended to read as follows:
"§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."
SECTION 5. Section 200-46, Hawaii Revised Statutes, is amended to read as follows:
"[[]§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."
SECTION 6. Section 200-47, Hawaii Revised Statutes, is amended to read as follows:
"§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 7. 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 8. Section 200-51, Hawaii Revised Statutes, is amended to read as follows:
"§200-51
Disposition of vessels [by persons in] abandoned on the premises of a
vessel repair business, private [marinas, or] marina, yacht [clubs.]
club, 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, 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] accordance
with this part."
SECTION 9. 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 10. 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 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 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 12. This Act shall take effect on July 1, 2050; provided that county responsibility under this Act for each county shall commence:
(1) Upon a county's access to vessel registration and marine document records of the department of land and natural resources or the United States Coast Guard as required in section 200-41, Hawaii Revised Statutes, in section 1 of this Act; or
(2) On January 1, 2013; whichever is earlier.
Report Title:
Vessels; Custody and Disposition
Description:
Clarifies responsibility for disposing of vessels and amends the description of an abandoned vessel. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
