25 LC 39 4617S
House Bill 115 (COMMITTEE SUBSTITUTE)
By: Representatives Petrea of the 166
th
, Stephens of the 164
th
, Franklin of the 160
th
,
Townsend of the 179
th
, DeLoach of the 167
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to
1
registration, operation, and sale of watercraft, so as to provide for certain notice upon2
registration of a vessel with the Department of Natural Resources; to provide for3
performance of unattended vessel checks; to revise procedures for notice to owners of4
abandoned vessels; to revise procedures for removal of abandoned vessels; to provide for5
penalties for failure to remove an abandoned vessel from public waters or public property;6
to establish a criminal violation for failure to retrieve an abandoned vessel from public waters7
or public property after receipt of notice; to provide for an exception; to authorize restitution8
to the Department of Natural Resources for the cost of removal, storage, and disposal of9
abandoned vessels; to provide for definitions; to provide for related matters; to repeal10
conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration,14
operation, and sale of watercraft, is amended in Code Section 52-7-5, relating to numbering15
of vessels, requirements, and fees, by adding a new subsection to read as follows:16
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"(d.1) The application for registration of vessels pursuant to this Code section shall include17
a statement informing the applicant of the criminal consequences for failure to remove an18
abandoned vessel from public waters of this state or public property pursuant to19
subsection (d) of Code Section 52-7-72.1."20
SECTION 2.21
Said chapter is further amended in Code Section 52-7-70, relating to definitions relative to22
abandoned vessels, by adding a new paragraph to read as follows:23
"(2.1) 'Public waters' means any waters within the territorial limits of this state and the24
marginal sea adjacent to this state and the high seas when navigated as a part of a journey25
or ride to or from the shore of this state. Such term shall not include privately owned26
ponds or lakes not open to the public."27
SECTION 3.28
Said chapter is further amended by adding a new Code section to read as follows:29
"52-7-70.1.30
(a) Any law enforcement officer or individual authorized by the Department of Natural31
Resources who discovers a vessel on public property or in public waters that has been left32
unattended shall immediately perform an unattended vessel check on such vessel, unless33
an unattended vessel check card is displayed on such vessel indicating that such check has34
been previously performed. For purposes of this Code section, the term 'unattended vessel35
check' means and consists of such actions as are reasonably necessary to determine that the36
unattended vessel does not contain an injured or incapacitated person and to determine that37
the unattended vessel does not pose a threat to public health or safety.38
(b) Any law enforcement officer or individual authorized by the Department of Natural39
Resources who completes an unattended vessel check shall attach the completed40
unattended vessel check card to the vessel. Unattended vessel check cards shall be in such41
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form and shall be attached to vessels in such manner as determined by the Department of42
Natural Resources.43
(c) It shall be unlawful for any person other than a law enforcement officer or individual44
authorized by the Department of Natural Resources to attach any object purporting to be45
an unattended vessel check card to a vessel. Any person convicted of violating this46
subsection shall be guilty of a misdemeanor.47
(d) Within 24 hours of completing an unattended vessel check or discovering an48
unattended vessel which displays an unattended vessel check card issued by a law49
enforcement officer or individual authorized by the Department of Natural Resources, a50
law enforcement officer shall query the criminal justice information system to determine51
if the unattended vessel has been entered into such system as a stolen vessel. If the52
unattended vessel has been reported as stolen, the law enforcement officer shall notify the53
Department of Natural Resources and the law enforcement agency that filed such report,54
providing the location of the vessel. The law enforcement agency receiving such55
notification shall then notify the owner of the vessel of the location of the vessel.56
(e) Failure of a law enforcement officer or the Department of Natural Resources to comply57
with any provision of this Code section shall not limit the remedies available to any person58
pursuant to this article."59
SECTION 4.60
Said chapter is further amended by revising Code Section 52-7-71, relating to removal and61
storage of vessels and procedure, as follows:62
"52-7-71.63
(a) Any person who that removes a vessel from public property or public water at the64
request of a law enforcement officer or stores such vessel shall, if the owner of the vessel65
is unknown, seek the identity of and address of the last known registered owner of such66
vessel from the law enforcement officer requesting removal of such vessel or such officer's67
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agency Department of Natural Resources within 72 hours of removal. If a person removing68
or storing the vessel has knowledge of facts which reasonably indicate that the vessel is69
registered or titled in a certain other state, such person shall check the vessel records of that70
other state in the attempt to ascertain the identity of the owner of the vessel.71
(b)(1) Any person who that removes a vessel from private property or private waters at72
the request of the property owner or stores such vessel shall, if the owner of the vessel is73
unknown, notify in writing a local law enforcement agency of the location of the vessel,74
the vessel certificate of number, and the hull identification number, model, year, and75
make of the vessel, if known or if readily ascertainable, within 72 hours of the removal76
of such vessel and shall seek from the local law enforcement agency seek the identity of77
and address of the last known registered owner of such vessel and any information78
indicating that such vessel is a stolen vessel from the Department of Natural Resources79
within 72 hours of removal. If a person removing or storing the vessel has knowledge80
of facts which reasonably indicate that the vessel is registered or titled in a certain other81
state, such person shall check the vessel records of that other state in the attempt to82
ascertain the identity of the owner of the vessel.83
(2) Any person that removes a vessel pursuant to this subsection shall submit notification84
of the removal by hand delivery, electronic transmission, or telephonic facsimile85
transmission to the law enforcement agency with jurisdiction over the location from86
where the vessel was removed no later than one day after submission of the request87
required by paragraph (1) of this subsection. Within 24 hours of receipt of such88
notification of removal of a vessel from private property, the local law enforcement89
agency shall query the criminal justice information system to determine if such vessel has90
been entered into the criminal justice information system as a stolen vessel. If the vessel91
has been reported as stolen, the local law enforcement agency shall notify the law92
enforcement agency that filed such report, providing the name and address of the person93
who submitted the notice of removal. The law enforcement agency receiving such94
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notification shall then notify the person who filed the police report for the stolen vessel95
of the location of such vessel and the contact information for the person that removed the96
vessel.97
(c) The Department of Natural Resources may charge a fee of no more than $2.00 for any98
information requested pursuant to this Code section. Such department shall furnish the99
requested owner information no later than five days from the date the request was received100
or when the information is made available. If any vessel removed under conditions set101
forth in subsection (a) or (b) of this Code section is determined to be a stolen vessel, the102
local law enforcement officer or agency shall notify the Georgia Crime Information Center103
and the owner, if known, of the location of such vessel within 72 hours after receiving104
notice that such vessel is a stolen vessel.105
(d) If any vessel removed under conditions set forth in subsection (a) or (b) of this Code106
section is determined not to be a stolen vessel or is not a vessel being repaired by a repair107
facility or is not being stored by an insurance company providing insurance to cover108
damages to the vessel, the person removing or storing such vessel shall, within seven109
calendar days of the day such vessel was removed, notify the owner, if known, by:110
(1) By certified or registered mail or statutory overnight delivery within seven calendar111
days of removal, notify the owner of the location of such vessel, the fees connected with112
removal and storage of such vessel, and the fact that such vessel will be deemed113
abandoned under this article unless the owner redeems such vessel within 30 days of the114
date such vessel was removed of its removal, the fact that the person removing or storing115
the vessel has the right to petition the court to foreclose a lien for all amounts owed, and116
the fact that a court may order the sale of the vessel to satisfy such debt; or117
(2) By advertisement in a newspaper of general circulation in the county from where the118
vessel was removed or, if there is no newspaper in such county, at the county courthouse119
in such place where other public notices are posted, when an owner cannot be120
ascertained. Such advertisement shall run in the newspaper once a week for two121
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consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. 122
The advertisement shall contain a complete description of the vessel, its certificate of123
number and hull identification number, the location from where such vessel was initially124
removed, the present location of such vessel, the fact that if such vessel is not redeemed125
within 30 days of its removal such vessel shall be deemed abandoned, the fact that the126
person removing or storing the vessel has the right to petition the court to foreclose a lien127
for all amounts owed, and the fact that a court may order the sale of the vessel to satisfy128
such debt.129
(e) If the person identified as the an owner fails to redeem such vessel as described in130
subsection (d) of this Code section, or if a vessel being repaired by a repair facility or being131
stored by an insurance company providing insurance to cover damages to the vessel132
becomes abandoned, the person removing or storing such vessel shall, within seven133
calendar days of the day such vessel became an abandoned vessel, give notice in writing,134
by sworn statement, to the Department of Natural Resources stating the vessel certificate135
of number, the hull identification number, the fact that such vessel is an abandoned vessel,136
the model, year, and make of the vessel, if known or if readily ascertainable, the date the137
vessel became an abandoned vessel, the date the vessel was removed, and the present138
location of such vessel and requesting the name and address of all owners, lessors, lessees,139
security interest holders, and lienholders of such vessel. If a person removing or storing140
the vessel has knowledge of facts which reasonably indicate that the vessel is registered or141
titled in a certain other state, such person shall check the vessel records of that other state142
in the attempt to ascertain the identity of the owner of the vessel.143
(e.1)(f)(1)(A) Upon notice to the Department of Natural Resources as described in144
subsection (e) of this Code section, then the commissioner may revoke, suspend, deny,145
or refuse to renew any vessel certificate of number or commercial fishing boat license146
required by this title or Title 27 which is held by or has been applied for by the person147
owner who holds the current registration for such vessel, until all fees connected with148
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removal and storage of the vessel have been paid and any lien acquired under Code
149
Section 52-7-73 for such fees has been satisfied. Such owner
The person shall be150
notified of the proposed order for revocation, suspension, denial, or nonrenewal151
personally or by a letter sent by certified mail or statutory overnight delivery to the152
name and address indicated on the application for the certificate of number or license,153
or both. The proposed order for revocation, suspension, denial, or nonrenewal shall154
become final 30 days after issuance if not appealed as provided in this paragraph.155
(B) Any person whose vessel certificate of number or commercial fishing boat license156
is proposed for revocation, suspension, denial, or nonrenewal under this paragraph shall157
have the right to enter an appeal in the superior court of the county of his or her158
residence or in the Superior Court of Fulton County. Such appeal shall name the159
commissioner as defendant and must shall be filed within 30 days from the date the160
notice of the proposed order was sent. The person filing the appeal shall neither be161
required to post any bond nor to pay the costs in advance. If the person so desires, the162
appeal may be heard by the judge at term or in chambers or by a jury at the first term. 163
The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of164
any orders or acts of the department.165
(2)(A) Upon notice to the Department of Natural Resources as described in166
subsection (e) of this Code section and delivery of a copy of such notice to the state167
revenue commissioner, then the state revenue commissioner may revoke, suspend,168
deny, or refuse to renew any motor vehicle registration required by Title 40 which is169
held by or has been applied for by the person owner who holds the current registration170
for such vessel, until all fees connected with removal and storage of the vessel have171
been paid and any lien acquired under Code Section 52-7-73 for such fees has been172
satisfied. Such owner The person shall be notified of the proposed order for revocation,173
suspension, denial, or nonrenewal personally or by a letter sent by certified mail or174
statutory overnight delivery to the name and address indicated on the application for the175
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registration. The proposed order for revocation, suspension, denial, or nonrenewal shall
176
become final 30 days after issuance if not appealed as provided in this paragraph.177
(B) Any person whose motor vehicle registration is proposed for revocation,178
suspension, denial, or nonrenewal under this paragraph shall have the right to enter an179
appeal in the superior court of the county of his or her residence or in the Superior180
Court of Fulton County. Such appeal shall name the state revenue commissioner as181
defendant and must
shall be filed within 30 days from the date the notice of the182
proposed order was sent. The person filing the appeal shall neither be required to post183
any bond nor to pay the costs in advance. If the person so desires, the appeal may be184
heard by the judge at term or in chambers or by a jury at the first term. The hearing on185
the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or186
acts of the department.187
(f) Upon ascertaining the owner of such vessel, the person removing or storing such vessel188
shall, within five calendar days, by certified or registered mail or statutory overnight189
delivery, notify the owner, lessors, lessees, security interest holders, and lienholders of the190
vessel of the location of such vessel and of the fact that such vessel is deemed abandoned191
and shall be disposed of if not redeemed.192
(g) If the identity of the owner of such vessel cannot be ascertained, the person removing193
or storing such vessel shall place an advertisement in a newspaper of general circulation194
in the county where such vessel was obtained or, if there is no newspaper in such county,195
shall post such advertisement at the county courthouse in such place where other public196
notices are posted. Such advertisement shall run in the newspaper once a week for two197
consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. 198
The advertisement shall contain a complete description of the vessel, its certificate of199
number and hull identification number, the location from where such vessel was initially200
removed, the present location of such vessel, and the fact that such vessel is deemed201
abandoned and shall be disposed of if not redeemed.202
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(h) Reserved.203
(i)(g) Any person storing a vessel under the provisions of this Code section shall notify the204
Department of Natural Resources if the vessel is recovered, is claimed by the owner, is205
determined to be stolen, or is for any reason no longer an abandoned vessel. Such notice206
shall be provided within seven calendar days of such event.207
(j)(h) If vessel information on the abandoned vessel is not in the files of the Department208
of Natural Resources, the department may require such other information or confirmation209
as it determines is necessary or appropriate to determine the identity of the vessel.210
(k)(i) Any person who does not provide the notice and information required by this Code211
section shall not be entitled to any storage fees.212
(l)(j) Any person who knowingly provides false or misleading information when providing213
any notice or information as required by this Code section shall be guilty of a misdemeanor214
and, upon conviction thereof, shall be punished as for a misdemeanor."215
SECTION 5.216
Said chapter is further amended by revising Code Section 52-7-72, relating to authority of217
peace officer to cause removal of unattended vessels, notifications, and duties, as follows:218
"52-7-72.219
(a) Any peace law enforcement officer who finds a vessel which has been left unattended220
in or upon any public waters or other public property for a period of at least five days, if221
such peace officer reasonably believes that the person who left such vessel unattended does222
not intend to return and remove such vessel, shall notify the Department of Natural223
Resources of such finding in accordance with subsection (d) of this Code section and as224
evidenced by the date of issuance on the unattended vessel check card attached to such225
vessel pursuant to Code Section 52-7-70.1, may cause such vessel to be removed to a226
garage or other place of safety.227
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(b)(1) Any peace law enforcement officer who finds a vessel which has been left228
unattended in or upon any public waters or other public property, when such vessel poses229
a threat to public health or safety, shall notify the Department of Natural Resources of230
such finding in accordance with subsection (d) of this Code section and may immediately231
cause such vessel to be removed to a garage or other place of safety.232
(2) Within 24 hours of causing an unattended vessel to be removed pursuant to233
paragraph (1) of this subsection, the law enforcement officer causing such removal shall234
query the criminal justice information system to determine if the unattended vessel has235
been entered into the criminal justice information system as a stolen vessel. If the236
removed vessel has been reported as stolen, the law enforcement officer shall notify the237
law enforcement agency that filed such report, providing the location of the vessel or the238
name of the person that removed the vessel. The law enforcement agency receiving such239
notification shall then notify the person who filed the police report for the stolen vessel240
of the location of the vessel.241
(c) Any peace law enforcement officer who, under the provisions of this Code section,242
causes any vessel to be removed to a garage or other place of safety shall be liable for gross243
negligence only.244
(d)(1) Any peace law enforcement officer who finds a vessel under such conditions as245
described in subsection (a) or (b) of this Code section shall within 72 hours from the time246
of such finding:247
(A) Notify notify the Department of Natural Resources of the description of the vessel,248
whether the vessel has been removed or not, and, if removed, the location to which such249
vessel has been removed; and.250
(B) If available on the Georgia Crime Information Center Network, determine the251
name and address of the last known registered owner of such vessel. If vessel252
information is not in the files of the Department of Natural Resources, the department253
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may require such other information or confirmation as it determines is necessary or
254
appropriate to determine the identity of the vessel.255
(2) If any such vessel is determined to be a stolen vessel, the local law enforcement
256
officer or agency shall notify the Georgia Crime Information Center and the owner, if257
known, of the location of such vessel within 72 hours after receiving notice that such258
vessel is a stolen vessel.259
(3) If the vessel is removed and the name and address of the last known registered owner260
of the vessel is obtained from the Georgia Crime Information Center, the peace officer261
who causes the vessel to be removed shall, within three calendar days of removal, make262
available to the person removing such vessel the name and address of the last known263
registered owner of such vessel. If such information is not available, the peace officer264
shall, within three calendar days of removal, notify the person removing or storing such265
vessel of such fact."266
SECTION 6.267
Said chapter is further amended by revising Code Section 52-7-72.1, relating to penalty for268
failing to remove unattended vessel, as follows:269
"52-7-72.1.270
(a)(1) If any vessel for which the Department of Natural Resources and the Georgia271
Crime Information Center have has received notice pursuant to subsection (d) of Code272
Section 52-7-72 has not been removed and is determined not to be a stolen vessel, the273
commissioner may proceed to take action against the owner as provided by provisions274
of this Code section shall apply.275
(2) If any vessel for which the Department of Natural Resources and the Georgia Crime276
Information Center have has received notice pursuant to subsection (d) of Code277
Section 52-7-72 has been removed, the provisions of this Code section shall not apply278
and the provisions of Code Section 52-7-71 shall apply instead.279
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(b)(1) Within seven calendar days of receipt of the notice required pursuant to280
subsection (d) of Code Section 52-7-72 that a vessel has not been removed and has been281
determined not be a stolen vessel, the Department of Natural Resources shall, by certified282
or registered mail or statutory overnight delivery, notify the owner of the location of such283
vessel and that if such vessel is not removed within 30 days the vessel will be deemed284
abandoned under this article and:285
(A) Shall be subject to a lien for actual or projected costs for the removal, storage, and286
sale of such vessel;287
(B) Failure to remove the vessel may result in the revocation, suspension, denial, or288
refusal to renew a motor vehicle registration, vessel certificate of number, or289
commercial fishing boat license of a vessel owner that has registered such vessel with290
the Department of Natural Resources;291
(C) That the owner shall be liable to the department for damages for the removal,292
storage, and disposal of the vessel; and293
(D) Failure to remove the vessel may result in the criminal prosecution of a vessel294
owner that has registered such vessel with the Department of Natural Resources.295
(2) The requirement for removal of a vessel within 30 days pursuant to this subsection296
shall be inapplicable within 36 months of a declaration by the Governor of a state of297
emergency due to a natural disaster affecting the location of the vessel.298
(b)(c)(1)(A) The commissioner of the Department of Natural Resources shall be299
authorized to Upon notice to the Department of Natural Resources as described in300
subsection (d) of Code Section 52-7-72, then the commissioner may revoke, suspend,301
deny, or refuse to renew any vessel certificate of number or commercial fishing boat302
license required by this title or Title 27 which is held by or has been applied for by a303
person who owns the vessel, until the owner a vessel owner that has registered such304
vessel with the Department of Natural Resources which has become abandoned that has305
been notified in accordance with subsection (b) of this Code section, until such person306
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restores and resumes operation of the vessel or removes it from public waters or public
307
property. The person shall be notified of the proposed order for revocation, suspension,308
denial, or nonrenewal personally or by a letter sent by certified mail or statutory309
overnight delivery to the name and address indicated on the application for the310
certificate of number or license, or both. The proposed order for revocation,311
suspension, denial, or nonrenewal shall become final 30 days after issuance if not312
appealed as provided in this paragraph.313
(B) Any person whose vessel certificate of number or commercial fishing boat license314
is proposed for revocation, suspension, denial, or nonrenewal under this paragraph shall315
have the right to enter an appeal in the superior court of the county of his or her316
residence or in the Superior Court of Fulton County. Such appeal shall name the317
commissioner as defendant and must
shall be filed within 30 days from the date the318
notice of the proposed order was sent. The person filing the appeal shall neither be319
required to post any bond nor to pay the costs in advance. If the person so desires, the320
appeal may be heard by the judge at term or in chambers or by a jury at the first term. 321
The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of322
any orders or acts of the department.323
(2)(A) Upon notice to the Department of Natural Resources as described in324
subsection (d) of Code Section 52-7-72 and delivery of a copy of such notice to the325
state revenue commissioner, then the The state revenue commissioner may shall be326
authorized to revoke, suspend, deny, or refuse to renew any motor vehicle registration327
required by Title 40 which is held by or has been applied for by a person who owns the328
vessel, until the owner a vessel owner that has registered such vessel with the329
Department of Natural Resources which has become abandoned that has been notified330
in accordance with subsection (b) of this Code section, until such person restores and331
resumes operation of the vessel or removes it from public waters or public property. 332
The person shall be notified of the proposed order for revocation, suspension, denial,333
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or nonrenewal personally or by a letter sent by certified mail or statutory overnight
334
delivery to the name and address indicated on the application for the registration. The335
proposed order for revocation, suspension, denial, or nonrenewal shall become final 30336
days after issuance if not appealed as provided in this paragraph.337
(B) Any person whose motor vehicle registration is proposed for revocation,338
suspension, denial, or nonrenewal under this paragraph shall have the right to enter an339
appeal in the superior court of the county of his or her residence or in the Superior340
Court of Fulton County. Such appeal shall name the state revenue commissioner as341
defendant and must
shall be filed within 30 days from the date the notice of the342
proposed order was sent. The person filing the appeal shall neither be required to post343
any bond nor to pay the costs in advance. If the person so desires, the appeal may be344
heard by the judge at term or in chambers or by a jury at the first term. The hearing on345
the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or346
acts of the department.347
(d) Any vessel owner that has registered such vessel with the Department of Natural348
Resources that fails to remove such vessel from public waters or public property within 30349
days receipt of the notice issued pursuant to subsection (b) of this Code section shall be350
guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof,351
shall be punished by a fine not to exceed $5,000.00 or by confinement for a term not to352
exceed 12 months, or both; provided, however, that the requirement for removal of a vessel353
within 30 days pursuant to this subsection shall be inapplicable within 36 months of a354
declaration by the Governor of a state of emergency due to a natural disaster affecting the355
location of the vessel. Upon a second or subsequent offense for failure to remove an356
abandoned vessel from public waters or public property, a vessel owner that has registered357
such vessel with the Department of Natural Resources shall be guilty of a felony and, upon358
conviction thereof, shall be punished by a fine not to exceed $50,000.00 or by359
imprisonment for a term not to exceed five years, or both. In addition to any other penalty360
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authorized by law for failure to remove an abandoned vessel from public waters or public361
property, the court may order a person convicted pursuant to this subsection to make362
restitution to Department of Natural Resources for the reasonable costs or damages363
associated with failure to remove the vessel, including the cost of removal, storage, and364
disposal of such vessel. Restitution made pursuant to this subsection shall not preclude the365
Department of Natural Resources from obtaining any other civil or criminal remedy366
available under any other provision of law. The restitution authorized by this Code section367
shall be supplemental and not exclusive."368
SECTION 7.369
Said chapter is further amended in Code Section 52-7-74, relating to procedure for370
foreclosure, by revising paragraph (2) as follows:371
"(2) The person desiring to foreclose a lien on an abandoned vessel shall, by certified or372
registered mail or statutory overnight delivery, make a demand upon the owner for the373
payment of the reasonable fees for removal and storage plus the costs of any374
advertisement. Such written demand shall include an itemized statement of all charges. 375
No such written demand shall be required if the identity of the owner cannot be376
ascertained and the notice requirements of paragraph (2) of subsection (g) (d) of Code377
Section 52-7-71 have been complied with;"378
SECTION 8.379
All laws and parts of laws in conflict with this Act are repealed.380
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