Bill Text: HI SB717 | 2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Abandoned Vessels; Disposition

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB717 Detail]

Download: Hawaii-2012-SB717-Amended.html

THE SENATE

S.B. NO.

717

TWENTY-SIXTH LEGISLATURE, 2011

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ABANDONED 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.  Any vessel [which] that:

     (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] shall be taken by the chairperson into custody and disposed of pursuant to this part.  All other vessels abandoned on private property shall be the responsibility of the owner of the private property on which the vessel is abandoned."

     SECTION 2.  Chapter 200, Hawaii Revised Statutes, is amended by amending the title of part IV to read:

"PART IV.  VESSELS ABANDONED ON [BUSINESS] PREMISES OF [PERSONS ENGAGED IN] VESSEL 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] upon premises of vessel repair business, private marinas, [or] yacht clubs[.], or on 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 on 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 the other private property may sell or dispose of the vessel in accord with this part."

     SECTION 4.  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] or other private property; the owner's authorized representative[,]; or the designated representative of the yacht club, 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] or other private property; the owner's authorized representative[,]; or the designated representative of the yacht club[,] 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 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 



 

Report Title:

Abandoned Vessels; Disposition

 

Description:

Clarifies the responsibility for disposing of an abandoned vessel on private property.  (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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