24 LC 39 4064
House Bill 957
By: Representatives Petrea of the 166
th
, Stephens of the 164
th
, Sainz of the 180
th
, Townsend
of the 179
th
, DeLoach of the 167
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 3 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated,
1
relating to abandoned vessels, so as to revise penalties for failing to remove an abandoned2
vessel; to provide for notice; to provide for appeal and hearing; to provide for related matters;3
to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Article 3 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to7
abandoned vessels, is amended by revising Code Section 52-7-72, relating to authority of8
peace officer to cause removal of unattended vessels, notifications, and duties, as follows:9
"52-7-72.10
(a) Any peace officer who finds a vessel which has been left unattended in or upon any11
public waters or other public property for a period of at least five days, if such peace officer12
reasonably believes that the person who left such vessel unattended does not intend to13
return and remove such vessel, shall notify the owner of the vessel and the
Department of14
Natural Resources of such finding in accordance with subsection (d) of this Code section15
and may cause such vessel to be removed to a garage or other place of safety.16
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(b) Any peace officer who finds a vessel which has been left unattended in or upon any
17
public waters or other public property, when such vessel poses a threat to public health or18
safety, shall notify the owner of the vessel and the
Department of Natural Resources of19
such finding in accordance with subsection (d) of this Code section and may immediately20
cause such vessel to be removed to a garage or other place of safety.21
(c) Any peace officer who, under the provisions of this Code section, causes any vessel to22
be removed to a garage or other place of safety shall be liable for gross negligence only.23
(d)(1) Any peace officer who finds a vessel under such conditions as described in24
subsection (a) or (b) of this Code section shall within 72 hours from the time of such25
finding:26
(A) Notify the Department of Natural Resources of the description of the vessel,27
whether the vessel has been removed or not, and, if removed, the location to which such28
vessel has been removed; and29
(B) Perform a check against information in If available on the Georgia Crime30
Information Center Network, determine the name and address of the last known31
registered owner of such vessel criminal justice information system to determine32
whether such vessel has been reported as stolen; and33
(C) Determine, based on information from the Department of Natural Resources, the34
name and address of the last known registered owner of such vessel and if such vessel35
has not been removed, notify such owner by certified mail or statutory overnight36
delivery that such vessel is required to be removed within 30 calendar days from such37
notification or such owner shall be liable for a civil monetary penalty pursuant to Code38
Section 52-7-72.1.39
If vessel information is not in the files of the Department of Natural Resources, the40
department may require such other information or confirmation as it determines is41
necessary or appropriate to determine the identity of the vessel.42
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(2) If any such vessel is determined to be a stolen vessel, the local law enforcement43
peace officer or his or her agency shall notify the Georgia Crime Information Center and44
the owner, if known, of the location of such vessel within 72 hours after receiving notice45
that such vessel is a stolen vessel.46
(3) If the vessel is removed and the name and address of the last known registered owner47
of the vessel is obtained from the Georgia Crime Information Center, the peace officer48
who causes the vessel to be removed shall, within three calendar days of removal, make49
available to the person removing such vessel the name and address of the last known50
registered owner of such vessel. If such information is not available, the peace officer51
shall, within three calendar days of removal, notify the person removing or storing such52
vessel of such fact."53
SECTION 2.54
Said article is further amended by revising Code Section 52-7-72.1, relating to penalty for55
failing to remove unattended vessel, as follows:56
"52-7-72.1.57
(a)(1) If any vessel for which the Department of Natural Resources and the Georgia58
Crime Information Center have received notice has been issued pursuant to subsection (d)59
of Code Section 52-7-72 has not been removed and is determined not to be a stolen60
vessel, the commissioner may proceed to take action against the owner as provided by61
provisions of this Code section shall apply.62
(2) If any vessel for which the Department of Natural Resources and the Georgia Crime63
Information Center have received notice has been issued pursuant to subsection (d) of64
Code Section 52-7-72 has been removed, the provisions of this Code section shall not65
apply and the provisions of Code Section 52-7-71 shall apply instead.66
(b) Any person receiving notice pursuant to subsection (d) of Code Section 52-7-72 who67
fails to remove an abandoned vessel which has been determined not to be a stolen vessel68
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within 30 calendar days of receipt of such notice shall be liable for the costs incurred for69
the removal, storage, and disposal of the vessel and may be punished with a civil monetary70
penalty of up to $30,000.00. Such person shall be entitled to a hearing upon request which71
shall be held within 30 days of receipt of such request and shall follow the procedures72
required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Appeal73
from such hearing shall be in accordance with such chapter.74
(b)(c)(1)(A) Upon notice to the Department of Natural Resources as described in75
subsection (d) of Code Section 52-7-72, then the commissioner may revoke, suspend,76
deny, or refuse to renew any vessel certificate of number or commercial fishing boat77
license required by this title or Title 27 which is held by or has been applied for by a78
person who owns the vessel, until the owner restores and resumes operation of the79
vessel or removes it from public waters or public property. The person shall be notified80
of the proposed order for revocation, suspension, denial, or nonrenewal personally or81
by a letter sent by certified mail or statutory overnight delivery to the name and address82
indicated on the application for the certificate of number or license, or both. The83
proposed order for revocation, suspension, denial, or nonrenewal shall become final84
30 days after issuance if not appealed as provided in this paragraph.85
(B) Any person whose vessel certificate of number or commercial fishing boat license86
is proposed for revocation, suspension, denial, or nonrenewal under this paragraph shall87
have the right to enter an appeal in the superior court of the county of his or her88
residence or in the Superior Court of Fulton County. Such appeal shall name the89
commissioner as defendant and must shall be filed within 30 days from the date the90
notice of the proposed order was sent. The person filing the appeal shall neither be91
required to post any bond nor to pay the costs in advance. If the person so desires, the92
appeal may be heard by the judge at term or in chambers or by a jury at the first term. 93
The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of94
any orders or acts of the department.95
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(2)(A) Upon notice to the Department of Natural Resources as described in
96
subsection (d) of Code Section 52-7-72 and delivery of a copy of such notice to the97
state revenue commissioner, then
the state revenue commissioner may revoke, suspend,98
deny, or refuse to renew any motor vehicle registration required by Title 40 which is99
held by or has been applied for by a person who owns the vessel, until the owner100
restores and resumes operation of the vessel or removes it from public waters or public101
property. The person shall be notified of the proposed order for revocation, suspension,102
denial, or nonrenewal personally or by a letter sent by certified mail or statutory103
overnight delivery to the name and address indicated on the application for the104
registration. The proposed order for revocation, suspension, denial, or nonrenewal shall105
become final 30 days after issuance if not appealed as provided in this paragraph.106
(B) Any person whose motor vehicle registration is proposed for revocation,107
suspension, denial, or nonrenewal under this paragraph shall have the right to enter an108
appeal in the superior court of the county of his or her residence or in the Superior109
Court of Fulton County. Such appeal shall name the state revenue commissioner as110
defendant and must shall be filed within 30 days from the date the notice of the111
proposed order was sent. The person filing the appeal shall neither be required to post112
any bond nor to pay the costs in advance. If the person so desires, the appeal may be113
heard by the judge at term or in chambers or by a jury at the first term. The hearing on114
the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or115
acts of the department."116
SECTION 3.117
All laws and parts of laws in conflict with this Act are repealed.118
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