Georgia 2023-2024 Regular Session

Georgia House Bill HB957 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 LC 39 4373S
2		-	The Senate Committee on Transportation offered the following
3		-	substitute to HB 957:
	1	+	24 LC 39 4243S
	2	+	House Bill 957 (COMMITTEE SUBSTITUTE)
	3	+	By: Representatives Petrea of the 166
	4	+	th
	5	+	, Stephens of the 164
	6	+	th
	7	+	, Sainz of the 180
	8	+	th
	9	+	, Townsend
	10	+	of the 179
	11	+	th
	12	+	, DeLoach of the 167
	13	+	th
	14	+	, and others
4	15		A BILL TO BE ENTITLED
5	16		AN ACT
6		-	To amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to1
	17	+	To amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to
	18	+	1
7	19		registration, operation, and sale of watercraft, so as to provide for certain notice upon2
8	20		registration of a vessel with the Department of Natural Resources; to provide for3
9	21		performance of unattended vessel checks; to revise procedures for notice to owners of4
10	22		abandoned vessels; to revise procedures for removal of abandoned vessels; to provide for5
11	23		penalties for failure to remove an abandoned vessel from public waters or public property;6
12	24		to establish a criminal violation for failure to retrieve an abandoned vessel from public waters7
13	25		or public property after receipt of notice; to provide for an exception; to authorize restitution8
14	26		to the Department of Natural Resources for the cost of removal, storage, and disposal of9
15	27		abandoned vessels; to provide for definitions; to provide for related matters; to repeal10
16	28		conflicting laws; and for other purposes.11
17	29		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
18	30		SECTION 1.13
19	31		Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration,14
20	32		operation, and sale of watercraft, is amended in Code Section 52-7-5, relating to numbering15
21	33		of vessels, requirements, and fees, by adding a new subsection to read as follows:16
22		-	- 1 - 24 LC 39 4373S
	34	+	H. B. 957 (SUB)
	35	+	- 1 - 24 LC 39 4243S
23	36		"(d.1) The application for registration of vessels pursuant to this Code section shall include17
24	37		a statement informing the applicant of the criminal consequences for failure to remove an18
25		-	abandoned vessel from public waters of this state or public property pursuant ~~to19~~
26		-	~~subsection~~ (d) of Code Section 52-7-72.1."20
	38	+	abandoned vessel from public waters of this state or public property pursuant to subsection19
	39	+	(d) of Code Section 52-7-72.1."20
27	40		SECTION 2.21
28	41		Said chapter is further amended in Code Section 52-7-70, relating to definitions relative to22
29	42		abandoned vessels, by adding a new paragraph to read as follows:23
30	43		"(2.1) 'Public waters' means any waters within the territorial limits of this state and the24
31	44		marginal sea adjacent to this state and the high seas when navigated as a part of a journey25
32		-	or ride to or from the shore of this state. Such term shall not include privately ~~owned26~~
33		-	~~ponds~~ or lakes not open to the public."27
	45	+	or ride to or from the shore of this state. Such term shall not include privately owned ponds26
	46	+	or lakes not open to the public."27
34	47		SECTION 3.28
35	48		Said chapter is further amended by adding a new Code section to read as follows:29
36	49		"52-7-70.1.30
37	50		(a) Any law enforcement officer or individual authorized by the Department of Natural31
38	51		Resources who discovers a vessel on public property or in public waters that has been left32
39	52		unattended shall immediately perform an unattended vessel check on such vessel, unless33
40	53		an unattended vessel check card is displayed on such vessel indicating that such check has34
41	54		been previously performed. For purposes of this Code section, the term 'unattended vessel35
42	55		check' means and consists of such actions as are reasonably necessary to determine that the36
43	56		unattended vessel does not contain an injured or incapacitated person and to determine that37
44	57		the unattended vessel does not pose a threat to public health or safety.38
45	58		(b) Any law enforcement officer or individual authorized by the Department of Natural39
46	59		Resources who completes an unattended vessel check shall attach the completed40
47	60		unattended vessel check card to the vessel. Unattended vessel check cards shall be in such41
48		-	- 2 - 24 LC 39 4373S
	61	+	H. B. 957 (SUB)
	62	+	- 2 - 24 LC 39 4243S
49	63		form and shall be attached to vessels in such manner as determined by the Department of42
50	64		Natural Resources.43
51	65		(c) It shall be unlawful for any person other than a law enforcement officer or individual44
52	66		authorized by the Department of Natural Resources to attach any object purporting to be45
53	67		an unattended vessel check card to a vessel. Any person convicted of violating this46
54	68		subsection shall be guilty of a misdemeanor.47
55	69		(d) Within 24 hours of completing an unattended vessel check or discovering an48
56	70		unattended vessel with an unattended vessel check card attached to such vessel by an49
57	71		authorized individual who is not a law enforcement officer, a law enforcement officer shall50
58	72		query the criminal justice information system to determine if the unattended vessel has51
59	73		been entered into such system as a stolen vessel. If the unattended vessel has been reported52
60	74		as stolen, the law enforcement officer shall notify the Department of Natural Resources and53
61	75		the law enforcement agency that filed such report, providing the location of the vessel. The54
62	76		law enforcement agency receiving such notification shall then notify the owner of the55
63	77		vessel of the location of the vessel.56
64	78		(e) Failure of a law enforcement officer or the Department of Natural Resources to comply57
65	79		with any provision of this Code section shall not limit the remedies available to any person58
66	80		pursuant to this article."59
67	81		SECTION 4.60
68	82		Said chapter is further amended by revising Code Section 52-7-71, relating to removal and61
69	83		storage of vessels and procedure, as follows:62
70	84		"52-7-71.63
71	85		(a) Any person who that removes a vessel from public property or public water at the64
72	86		request of a law enforcement officer or stores such vessel shall, if the owner of the vessel65
73	87		is unknown, seek the identity of and address of the last known registered owner of such66
74	88		vessel from the law enforcement officer requesting removal of such vessel or such officer's67
75		-	- 3 - 24 LC 39 4373S
	89	+	H. B. 957 (SUB)
	90	+	- 3 - 24 LC 39 4243S
76	91		agency Department of Natural Resources within 72 hours of removal. If a person removing68
77	92		or storing the vessel has knowledge of facts which reasonably indicate that the vessel is69
78	93		registered or titled in a certain other state, such person shall check the vessel records of that70
79	94		other state in the attempt to ascertain the identity of the owner of the vessel.71
80	95		(b)(1) Any person who that removes a vessel from private property or private waters at72
81	96		the request of the property owner or stores such vessel shall, if the owner of the vessel is73
82	97		unknown, notify in writing a local law enforcement agency of the location of the vessel,74
83	98		the vessel certificate of number, and the hull identification number, model, year, and75
84	99		make of the vessel, if known or if readily ascertainable, within 72 hours of the removal76
85	100		of such vessel and shall seek from the local law enforcement agency seek the identity of77
86	101		and address of the last known registered owner of such vessel and any information78
87	102		indicating that such vessel is a stolen vessel from the Department of Natural Resources79
88	103		within 72 hours of removal. If a person removing or storing the vessel has knowledge80
89	104		of facts which reasonably indicate that the vessel is registered or titled in a certain other81
90	105		state, such person shall check the vessel records of that other state in the attempt to82
91	106		ascertain the identity of the owner of the vessel.83
92	107		(2) Any person that removes a vessel pursuant to this subsection shall submit notification84
93	108		of the removal by hand delivery, electronic transmission, or telephonic facsimile85
94	109		transmission to the law enforcement agency with jurisdiction over the location from86
95	110		where the vessel was removed no later than one day after submission of the request87
96	111		required by paragraph (1) of this subsection. Within 24 hours of receipt of such88
97	112		notification of removal of a vessel from private property, the local law enforcement89
98	113		agency shall query the criminal justice information system to determine if such vessel has90
99	114		been entered into the criminal justice information system as a stolen vessel. If the vessel91
100	115		has been reported as stolen, the local law enforcement agency shall notify the law92
101	116		enforcement agency that filed such report, providing the name and address of the person93
102	117		who submitted the notice of removal. The law enforcement agency receiving such94
103		-	- 4 - 24 LC 39 4373S
	118	+	H. B. 957 (SUB)
	119	+	- 4 - 24 LC 39 4243S
104	120		notification shall then notify the person who filed the police report for the stolen vessel95
105	121		of the location of such vessel and the contact information for the person that removed the96
106	122		vessel.97
107	123		(c) The Department of Natural Resources may charge a fee of no more than $2.00 for any98
108	124		information requested pursuant to this Code section. Such department shall furnish the99
109	125		requested owner information no later than five days from the date the request was received. 100
110	126		If any vessel removed under conditions set forth in subsection (a) or (b) of this Code101
111	127		section is determined to be a stolen vessel, the local law enforcement officer or agency102
112	128		shall notify the Georgia Crime Information Center and the owner, if known, of the location103
113	129		of such vessel within 72 hours after receiving notice that such vessel is a stolen vessel.104
114	130		(d) If any vessel removed under conditions set forth in subsection (a) or (b) of this Code105
115	131		section is determined not to be a stolen vessel or is not a vessel being repaired by a repair106
116	132		facility or is not being stored by an insurance company providing insurance to cover107
117	133		damages to the vessel, the person removing or storing such vessel shall, within seven108
118	134		calendar days of the day such vessel was removed, notify the owner, if known, by:109
119	135		(1) By certified or registered mail or statutory overnight delivery within seven calendar110
120	136		days of removal, notify the owner of the location of such vessel, the fees connected with111
121	137		removal and storage of such vessel, and the fact that such vessel will be deemed112
122	138		abandoned under this article unless the owner redeems such vessel within 30 days of the113
123	139		date such vessel was removed of its removal, the fact that the person removing or storing114
124	140		the vessel has the right to petition the court to foreclose a lien for all amounts owed, and115
125	141		the fact that a court may order the sale of the vessel to satisfy such debt; or116
126	142		(2) By advertisement in a newspaper of general circulation in the county from where the117
127	143		vessel was removed or, if there is no newspaper in such county, at the county courthouse118
128	144		in such place where other public notices are posted, when an owner cannot be119
129	145		ascertained. Such advertisement shall run in the newspaper once a week for two120
130	146		consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. 121
131		-	- 5 - 24 LC 39 4373S
	147	+	H. B. 957 (SUB)
	148	+	- 5 - 24 LC 39 4243S
132	149		The advertisement shall contain a complete description of the vessel, its certificate of122
133	150		number and hull identification number, the location from where such vessel was initially123
134	151		removed, the present location of such vessel, the fact that if such vessel is not redeemed124
135	152		within 30 days of its removal such vessel shall be deemed abandoned, the fact that the125
136	153		person removing or storing the vessel has the right to petition the court to foreclose a lien126
137	154		for all amounts owed, and the fact that a court may order the sale of the vessel to satisfy127
138	155		such debt.128
139	156		(e) If the person identified as the an owner fails to redeem such vessel as described in129
140	157		subsection (d) of this Code section, or if a vessel being repaired by a repair facility or being130
141	158		stored by an insurance company providing insurance to cover damages to the vessel131
142	159		becomes abandoned, the person removing or storing such vessel shall, within seven132
143	160		calendar days of the day such vessel became an abandoned vessel, give notice in writing,133
144	161		by sworn statement, to the Department of Natural Resources stating the vessel certificate134
145	162		of number, the hull identification number, the fact that such vessel is an abandoned vessel,135
146	163		the model, year, and make of the vessel, if known or if readily ascertainable, the date the136
147	164		vessel became an abandoned vessel, the date the vessel was removed, and the present137
148	165		location of such vessel and requesting the name and address of all owners, lessors, lessees,138
149	166		security interest holders, and lienholders of such vessel. If a person removing or storing139
150	167		the vessel has knowledge of facts which reasonably indicate that the vessel is registered or140
151	168		titled in a certain other state, such person shall check the vessel records of that other state141
152	169		in the attempt to ascertain the identity of the owner of the vessel.142
153	170		(e.1)(f)(1)(A) Upon notice to the Department of Natural Resources as described in143
154	171		subsection (e) of this Code section, then the commissioner may revoke, suspend, deny,144
155	172		or refuse to renew any vessel certificate of number or commercial fishing boat license145
156	173		required by this title or Title 27 which is held by or has been applied for by the person146
157	174		owner who holds the current registration for such vessel, until all fees connected with147
158	175		removal and storage of the vessel have been paid and any lien acquired under Code148
159		-	- 6 - 24 LC 39 4373S
	176	+	H. B. 957 (SUB)
	177	+	- 6 - 24 LC 39 4243S
160	178		Section 52-7-73 for such fees has been satisfied. Such owner The person shall be149
161	179		notified of the proposed order for revocation, suspension, denial, or nonrenewal150
162	180		personally or by a letter sent by certified mail or statutory overnight delivery to the151
163	181		name and address indicated on the application for the certificate of number or license,152
164	182		or both. The proposed order for revocation, suspension, denial, or nonrenewal shall153
165	183		become final 30 days after issuance if not appealed as provided in this paragraph.154
166	184		(B) Any person whose vessel certificate of number or commercial fishing boat license155
167	185		is proposed for revocation, suspension, denial, or nonrenewal under this paragraph shall156
168	186		have the right to enter an appeal in the superior court of the county of his or her157
169	187		residence or in the Superior Court of Fulton County. Such appeal shall name the158
170	188		commissioner as defendant and must shall be filed within 30 days from the date the159
171	189		notice of the proposed order was sent. The person filing the appeal shall neither be160
172	190		required to post any bond nor to pay the costs in advance. If the person so desires, the161
173	191		appeal may be heard by the judge at term or in chambers or by a jury at the first term. 162
174	192		The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of163
175	193		any orders or acts of the department.164
176	194		(2)(A) Upon notice to the Department of Natural Resources as described in165
177	195		subsection (e) of this Code section and delivery of a copy of such notice to the state166
178	196		revenue commissioner, then the state revenue commissioner may revoke, suspend,167
179	197		deny, or refuse to renew any motor vehicle registration required by Title 40 which is168
180	198		held by or has been applied for by the person owner who holds the current registration169
181	199		for such vessel, until all fees connected with removal and storage of the vessel have170
182	200		been paid and any lien acquired under Code Section 52-7-73 for such fees has been171
183	201		satisfied. Such owner The person shall be notified of the proposed order for revocation,172
184	202		suspension, denial, or nonrenewal personally or by a letter sent by certified mail or173
185	203		statutory overnight delivery to the name and address indicated on the application for the174
186		-	- 7 - 24 LC 39 4373S
187		-	registration. The proposed order for revocation, suspension, denial, or nonrenewal shall175
	204	+	H. B. 957 (SUB)
	205	+	- 7 - 24 LC 39 4243S
	206	+	registration. The proposed order for revocation, suspension, denial, or nonrenewal shall
	207	+	175
188	208		become final 30 days after issuance if not appealed as provided in this paragraph.176
189	209		(B) Any person whose motor vehicle registration is proposed for revocation,177
190	210		suspension, denial, or nonrenewal under this paragraph shall have the right to enter an178
191	211		appeal in the superior court of the county of his or her residence or in the Superior179
192	212		Court of Fulton County. Such appeal shall name the state revenue commissioner as180
193		-	defendant and must shall be filed within 30 days from the date the notice of the181
	213	+	defendant and must
	214	+	shall be filed within 30 days from the date the notice of the181
194	215		proposed order was sent. The person filing the appeal shall neither be required to post182
195	216		any bond nor to pay the costs in advance. If the person so desires, the appeal may be183
196	217		heard by the judge at term or in chambers or by a jury at the first term. The hearing on184
197	218		the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or185
198	219		acts of the department.186
199	220		(f) Upon ascertaining the owner of such vessel, the person removing or storing such vessel187
200	221		shall, within five calendar days, by certified or registered mail or statutory overnight188
201	222		delivery, notify the owner, lessors, lessees, security interest holders, and lienholders of the189
202	223		vessel of the location of such vessel and of the fact that such vessel is deemed abandoned190
203	224		and shall be disposed of if not redeemed.191
204	225		(g) If the identity of the owner of such vessel cannot be ascertained, the person removing192
205	226		or storing such vessel shall place an advertisement in a newspaper of general circulation193
206	227		in the county where such vessel was obtained or, if there is no newspaper in such county,194
207	228		shall post such advertisement at the county courthouse in such place where other public195
208	229		notices are posted. Such advertisement shall run in the newspaper once a week for two196
209	230		consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. 197
210	231		The advertisement shall contain a complete description of the vessel, its certificate of198
211	232		number and hull identification number, the location from where such vessel was initially199
212	233		removed, the present location of such vessel, and the fact that such vessel is deemed200
213	234		abandoned and shall be disposed of if not redeemed.201
214		-	- 8 - 24 LC 39 4373S
	235	+	H. B. 957 (SUB)
	236	+	- 8 - 24 LC 39 4243S
215	237		(h) Reserved.202
216	238		(i)(g) Any person storing a vessel under the provisions of this Code section shall notify the203
217	239		Department of Natural Resources if the vessel is recovered, is claimed by the owner, is204
218	240		determined to be stolen, or is for any reason no longer an abandoned vessel. Such notice205
219	241		shall be provided within seven calendar days of such event.206
220	242		(j)(h) If vessel information on the abandoned vessel is not in the files of the Department207
221	243		of Natural Resources, the department may require such other information or confirmation208
222	244		as it determines is necessary or appropriate to determine the identity of the vessel.209
223	245		(k)(i) Any person who does not provide the notice and information required by this Code210
224	246		section shall not be entitled to any storage fees.211
225	247		(l)(j) Any person who knowingly provides false or misleading information when providing212
226	248		any notice or information as required by this Code section shall be guilty of a misdemeanor213
227	249		and, upon conviction thereof, shall be punished as for a misdemeanor."214
228	250		SECTION 5.215
229	251		Said chapter is further amended by revising Code Section 52-7-72, relating to authority of216
230	252		peace officer to cause removal of unattended vessels, notifications, and duties, as follows:217
231	253		"52-7-72.218
232	254		(a) Any peace law enforcement officer who finds a vessel which has been left unattended219
233	255		in or upon any public waters or other public property for a period of at least five days, if220
234	256		such peace officer reasonably believes that the person who left such vessel unattended does221
235	257		not intend to return and remove such vessel, shall notify the Department of Natural222
236	258		Resources of such finding in accordance with subsection (d) of this Code section and as223
237	259		evidenced by the date of issuance on the unattended vessel check card attached to such224
238	260		vessel pursuant to Code Section 52-7-70.1, may cause such vessel to be removed to a225
239	261		garage or other place of safety.226
240		-	- 9 - 24 LC 39 4373S
	262	+	H. B. 957 (SUB)
	263	+	- 9 - 24 LC 39 4243S
241	264		(b)(1) Any peace law enforcement officer who finds a vessel which has been left227
242	265		unattended in or upon any public waters or other public property, when such vessel poses228
243	266		a threat to public health or safety, shall notify the Department of Natural Resources of229
244	267		such finding in accordance with subsection (d) of this Code section and may immediately230
245	268		cause such vessel to be removed to a garage or other place of safety.231
246	269		(2) Within 24 hours of causing an unattended vessel to be removed pursuant to232
247	270		paragraph (1) of this subsection, the law enforcement officer causing such removal shall233
248	271		query the criminal justice information system to determine if the unattended vessel has234
249	272		been entered into the criminal justice information system as a stolen vessel. If the235
250	273		removed vessel has been reported as stolen, the law enforcement officer shall notify the236
251	274		law enforcement agency that filed such report, providing the location of the vessel or the237
252	275		name of the person that removed the vessel. The law enforcement agency receiving such238
253	276		notification shall then notify the person who filed the police report for the stolen vessel239
254	277		of the location of the vessel.240
255	278		(c) Any peace law enforcement officer who, under the provisions of this Code section,241
256	279		causes any vessel to be removed to a garage or other place of safety shall be liable for gross242
257	280		negligence only.243
258	281		(d)(1) Any peace law enforcement officer who finds a vessel under such conditions as244
259	282		described in subsection (a) or (b) of this Code section shall within 72 hours from the time245
260	283		of such finding:246
261	284		(A) Notify notify the Department of Natural Resources of the description of the vessel,247
262	285		whether the vessel has been removed or not, and, if removed, the location to which such248
263	286		vessel has been removed; and.249
264	287		(B) If available on the Georgia Crime Information Center Network, determine the250
265	288		name and address of the last known registered owner of such vessel. If vessel251
266	289		information is not in the files of the Department of Natural Resources, the department252
267		-	- 10 - 24 LC 39 4373S
268		-	may require such other information or confirmation as it determines is necessary or253
	290	+	H. B. 957 (SUB)
	291	+	- 10 - 24 LC 39 4243S
	292	+	may require such other information or confirmation as it determines is necessary or
	293	+	253
269	294		appropriate to determine the identity of the vessel.254
270		-	(2) If any such vessel is determined to be a stolen vessel, the local law enforcement255
	295	+	(2) If any such vessel is determined to be a stolen vessel, the local law enforcement
	296	+	255
271	297		officer or agency shall notify the Georgia Crime Information Center and the owner, if256
272	298		known, of the location of such vessel within 72 hours after receiving notice that such257
273	299		vessel is a stolen vessel.258
274	300		(3) If the vessel is removed and the name and address of the last known registered owner259
275	301		of the vessel is obtained from the Georgia Crime Information Center, the peace officer260
276	302		who causes the vessel to be removed shall, within three calendar days of removal, make261
277	303		available to the person removing such vessel the name and address of the last known262
278	304		registered owner of such vessel. If such information is not available, the peace officer263
279	305		shall, within three calendar days of removal, notify the person removing or storing such264
280	306		vessel of such fact."265
281	307		SECTION 6.266
282	308		Said chapter is further amended by revising Code Section 52-7-72.1, relating to penalty for267
283	309		failing to remove unattended vessel, as follows:268
284	310		"52-7-72.1.269
285	311		(a)(1) If any vessel for which the Department of Natural Resources and the Georgia270
286	312		Crime Information Center have has received notice pursuant to subsection (d) of Code271
287	313		Section 52-7-72 has not been removed and is determined not to be a stolen vessel, the272
288	314		commissioner may proceed to take action against the owner as provided by provisions273
289	315		of this Code section shall apply.274
290	316		(2) If any vessel for which the Department of Natural Resources and the Georgia Crime275
291	317		Information Center have has received notice pursuant to subsection (d) of Code276
292	318		Section 52-7-72 has been removed, the provisions of this Code section shall not apply277
293	319		and the provisions of Code Section 52-7-71 shall apply instead.278
294		-	- 11 - 24 LC 39 4373S
295		-	(b)(1) Within seven calendar days of receipt of the notice required pursuant to279
296		-	subsection (d) of Code Section 52-7-72 that a vessel has not been removed and has been280
297		-	determined not be a stolen vessel, the Department of Natural Resources shall, by certified281
298		-	or registered mail or statutory overnight delivery, notify the owner of the location of such282
	320	+	H. B. 957 (SUB)
	321	+	- 11 - 24 LC 39 4243S
	322	+	(b)(1) Within seven calendar days of receipt of the notice required pursuant to subsection279
	323	+	(d) of Code Section 52-7-72 that a vessel has not been removed and has been determined280
	324	+	not be a stolen vessel, the Department of Natural Resources shall, by certified or281
	325	+	registered mail or statutory overnight delivery, notify the owner of the location of such282
299	326		vessel and that if such vessel is not removed within 30 days the vessel will be deemed283
300	327		abandoned under this article and:284
301	328		(A) Shall be subject to a lien for actual or projected costs for the removal, storage, and285
302	329		sale of such vessel;286
303	330		(B) Failure to remove the vessel may result in the revocation, suspension, denial, or287
304	331		refusal to renew a motor vehicle registration, vessel certificate of number, or288
305	332		commercial fishing boat license of a vessel owner that has registered such vessel with289
306	333		the Department of Natural Resources;290
307	334		(C) That the owner may be liable to the department for damages for the removal,291
308	335		storage, and disposal of the vessel; and292
309	336		(D) Failure to remove the vessel may result in the criminal prosecution of a vessel293
310	337		owner that has registered such vessel with the Department of Natural Resources.294
311	338		(2) The requirement for removal of a vessel within 30 days pursuant to this subsection295
312		-	shall be inapplicable ~~within 36 months of a~~ declaration by the Governor of a state ~~of296~~
313		-	~~emergency due to a~~ natural disaster affecting the location of the vessel.297
	339	+	shall be inapplicable upon declaration by the Governor of a state of emergency due to a296
	340	+	natural disaster affecting the location of the vessel.297
314	341		(b)(c)(1)(A) The commissioner of the Department of Natural Resources shall be298
315	342		authorized to Upon notice to the Department of Natural Resources as described in299
316	343		subsection (d) of Code Section 52-7-72, then the commissioner may revoke, suspend,300
317	344		deny, or refuse to renew any vessel certificate of number or commercial fishing boat301
318	345		license required by this title or Title 27 which is held by or has been applied for by a302
319	346		person who owns the vessel, until the owner a vessel owner that has registered such303
320	347		vessel with the Department of Natural Resources which has become abandoned that has304
321	348		been notified in accordance with subsection (b) of this Code section, until such person305
322		-	- 12 - 24 LC 39 4373S
323		-	restores and resumes operation of the vessel or removes it from public waters or public306
	349	+	H. B. 957 (SUB)
	350	+	- 12 - 24 LC 39 4243S
	351	+	restores and resumes operation of the vessel or removes it from public waters or public
	352	+	306
324	353		property. The person shall be notified of the proposed order for revocation, suspension,307
325	354		denial, or nonrenewal personally or by a letter sent by certified mail or statutory308
326	355		overnight delivery to the name and address indicated on the application for the309
327	356		certificate of number or license, or both. The proposed order for revocation,310
328	357		suspension, denial, or nonrenewal shall become final 30 days after issuance if not311
329	358		appealed as provided in this paragraph.312
330	359		(B) Any person whose vessel certificate of number or commercial fishing boat license313
331	360		is proposed for revocation, suspension, denial, or nonrenewal under this paragraph shall314
332	361		have the right to enter an appeal in the superior court of the county of his or her315
333	362		residence or in the Superior Court of Fulton County. Such appeal shall name the316
334		-	commissioner as defendant and must shall be filed within 30 days from the date the317
	363	+	commissioner as defendant and must
	364	+	shall be filed within 30 days from the date the317
335	365		notice of the proposed order was sent. The person filing the appeal shall neither be318
336	366		required to post any bond nor to pay the costs in advance. If the person so desires, the319
337	367		appeal may be heard by the judge at term or in chambers or by a jury at the first term. 320
338	368		The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of321
339	369		any orders or acts of the department.322
340	370		(2)(A) Upon notice to the Department of Natural Resources as described in323
341	371		subsection (d) of Code Section 52-7-72 and delivery of a copy of such notice to the324
342	372		state revenue commissioner, then the The state revenue commissioner may shall be325
343	373		authorized to revoke, suspend, deny, or refuse to renew any motor vehicle registration326
344	374		required by Title 40 which is held by or has been applied for by a person who owns the327
345	375		vessel, until the owner a vessel owner that has registered such vessel with the328
346	376		Department of Natural Resources which has become abandoned that has been notified329
347	377		in accordance with subsection (b) of this Code section, until such person restores and330
348	378		resumes operation of the vessel or removes it from public waters or public property. 331
349	379		The person shall be notified of the proposed order for revocation, suspension, denial,332
350		-	- 13 - 24 LC 39 4373S
351		-	or nonrenewal personally or by a letter sent by certified mail or statutory overnight333
	380	+	H. B. 957 (SUB)
	381	+	- 13 - 24 LC 39 4243S
	382	+	or nonrenewal personally or by a letter sent by certified mail or statutory overnight
	383	+	333
352	384		delivery to the name and address indicated on the application for the registration. The334
353	385		proposed order for revocation, suspension, denial, or nonrenewal shall become final 30335
354	386		days after issuance if not appealed as provided in this paragraph.336
355	387		(B) Any person whose motor vehicle registration is proposed for revocation,337
356	388		suspension, denial, or nonrenewal under this paragraph shall have the right to enter an338
357	389		appeal in the superior court of the county of his or her residence or in the Superior339
358	390		Court of Fulton County. Such appeal shall name the state revenue commissioner as340
359		-	defendant and must shall be filed within 30 days from the date the notice of the341
	391	+	defendant and must
	392	+	shall be filed within 30 days from the date the notice of the341
360	393		proposed order was sent. The person filing the appeal shall neither be required to post342
361	394		any bond nor to pay the costs in advance. If the person so desires, the appeal may be343
362	395		heard by the judge at term or in chambers or by a jury at the first term. The hearing on344
363	396		the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or345
364	397		acts of the department.346
365	398		(d) Any vessel owner that has registered such vessel with the Department of Natural347
366		-	Resources that negligently fails to remove such vessel from public waters or public348
367		-	property within 30 days receipt of the notice issued pursuant to subsection (b) of this Code349
368		-	section shall be guilty of a misdemeanor of a high and aggravated nature and, upon350
369		-	conviction thereof, shall be punished by a fine not to exceed $5,000.00 or by confinement351
370		-	for a term not to exceed 12 months, or both; provided, however, that the requirement for352
371		-	removal of a vessel within 30 days pursuant to this subsection shall be inapplicable within353
372		-	36 months of a declaration by the Governor of a state of emergency due to a natural354
373		-	disaster affecting the location of the vessel. Upon a second or subsequent offense for355
374		-	failure to remove an abandoned vessel from public waters or public property, a vessel356
375		-	owner that has registered such vessel with the Department of Natural Resources shall be357
376		-	guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed358
377		-	$50,000.00 or by imprisonment for a term not to exceed five years, or both. In addition to359
378		-	- 14 - 24 LC 39 4373S
379		-	any other penalty authorized by law for failure to remove an abandoned vessel from public360
380		-	waters or public property, the court may order a person convicted pursuant to this361
381		-	subsection to make restitution to Department of Natural Resources for the reasonable costs362
382		-	or damages associated with failure to remove the vessel, including the cost of removal,363
383		-	storage, and disposal of such vessel. Restitution made pursuant to this subsection shall not364
384		-	preclude the Department of Natural Resources from obtaining any other civil or criminal365
385		-	remedy available under any other provision of law. The restitution authorized by this Code366
386		-	section shall be supplemental and not exclusive."367
	399	+	Resources that fails to remove such vessel from public waters or public property within 30348
	400	+	days receipt of the notice issued pursuant to subsection (b) of this Code section shall be349
	401	+	guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof,350
	402	+	shall be punished by a fine not to exceed $5,000.00 or by confinement for a term not to351
	403	+	exceed 12 months, or both; provided, however, that the requirement for removal of a vessel352
	404	+	within 30 days pursuant to this subsection shall be inapplicable upon declaration by the353
	405	+	Governor of a state of emergency due to a natural disaster affecting the location of the354
	406	+	vessel. Upon a second or subsequent offense for failure to remove an abandoned vessel355
	407	+	from public waters or public property, a vessel owner that has registered such vessel with356
	408	+	the Department of Natural Resources shall be guilty of a felony and, upon conviction357
	409	+	thereof, shall be punished by a fine not to exceed $50,000.00 or by imprisonment for a term358
	410	+	not to exceed five years, or both. In addition to any other penalty authorized by law for359
	411	+	H. B. 957 (SUB)
	412	+	- 14 - 24 LC 39 4243S
	413	+	failure to remove an abandoned vessel from public waters or public property, the court may360
	414	+	order a person convicted pursuant to this subsection to make restitution to Department of361
	415	+	Natural Resources for the reasonable costs or damages associated with failure to remove362
	416	+	the vessel, including the cost of removal, storage, and disposal of such vessel. Restitution363
	417	+	made pursuant to this subsection shall not preclude the Department of Natural Resources364
	418	+	from obtaining any other civil or criminal remedy available under any other provision of365
	419	+	law. The restitution authorized by this Code section shall be supplemental and not366
	420	+	exclusive."367
387	421		SECTION 7.368
388	422		Said chapter is further amended in Code Section 52-7-74, relating to procedure for369
389	423		foreclosure, by revising paragraph (2) as follows:370
390	424		"(2) The person desiring to foreclose a lien on an abandoned vessel shall, by certified or371
391	425		registered mail or statutory overnight delivery, make a demand upon the owner for the372
392	426		payment of the reasonable fees for removal and storage plus the costs of any373
393	427		advertisement. Such written demand shall include an itemized statement of all charges. 374
394	428		No such written demand shall be required if the identity of the owner cannot be375
395	429		ascertained and the notice requirements of paragraph (2) of subsection (g) (d) of Code376
396	430		Section 52-7-71 have been complied with;"377
397	431		SECTION 8.378
398	432		All laws and parts of laws in conflict with this Act are repealed.379
	433	+	H. B. 957 (SUB)
399	434		- 15 -