Georgia 2025-2026 Regular Session

Georgia House Bill HB115 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		25 LC 39 4617S
2		-	House Bill 115 (COMMITTEE SUBSTITUTE)
3		-	By: Representatives Petrea of the 166
4		-	th
5		-	, Stephens of the 164
6		-	th
7		-	, Franklin of the 160
8		-	th
9		-	,
10		-	Townsend of the 179
11		-	th
12		-	, DeLoach of the 167
13		-	th
14		-	, and others
	2	+	The House Committee on Game, Fish and Parks offers the following substitute to HB 115:
15	3		A BILL TO BE ENTITLED
16	4		AN ACT
17		-	To amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to
18		-	1
	5	+	To amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to1
19	6		registration, operation, and sale of watercraft, so as to provide for certain notice upon2
20	7		registration of a vessel with the Department of Natural Resources; to provide for3
21	8		performance of unattended vessel checks; to revise procedures for notice to owners of4
22	9		abandoned vessels; to revise procedures for removal of abandoned vessels; to provide for5
23	10		penalties for failure to remove an abandoned vessel from public waters or public property;6
24	11		to establish a criminal violation for failure to retrieve an abandoned vessel from public waters7
25	12		or public property after receipt of notice; to provide for an exception; to authorize restitution8
26	13		to the Department of Natural Resources for the cost of removal, storage, and disposal of9
27	14		abandoned vessels; to provide for definitions; to provide for related matters; to repeal10
28	15		conflicting laws; and for other purposes.11
29	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
30	17		SECTION 1.13
31	18		Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration,14
32	19		operation, and sale of watercraft, is amended in Code Section 52-7-5, relating to numbering15
33	20		of vessels, requirements, and fees, by adding a new subsection to read as follows:16
34	21		H. B. 115 (SUB)
35	22		- 1 - 25 LC 39 4617S
36	23		"(d.1) The application for registration of vessels pursuant to this Code section shall include17
37	24		a statement informing the applicant of the criminal consequences for failure to remove an18
38	25		abandoned vessel from public waters of this state or public property pursuant to19
39	26		subsection (d) of Code Section 52-7-72.1."20
40	27		SECTION 2.21
41	28		Said chapter is further amended in Code Section 52-7-70, relating to definitions relative to22
42	29		abandoned vessels, by adding a new paragraph to read as follows:23
43	30		"(2.1) 'Public waters' means any waters within the territorial limits of this state and the24
44	31		marginal sea adjacent to this state and the high seas when navigated as a part of a journey25
45	32		or ride to or from the shore of this state. Such term shall not include privately owned26
46	33		ponds or lakes not open to the public."27
47	34		SECTION 3.28
48	35		Said chapter is further amended by adding a new Code section to read as follows:29
49	36		"52-7-70.1.30
50	37		(a) Any law enforcement officer or individual authorized by the Department of Natural31
51	38		Resources who discovers a vessel on public property or in public waters that has been left32
52	39		unattended shall immediately perform an unattended vessel check on such vessel, unless33
53	40		an unattended vessel check card is displayed on such vessel indicating that such check has34
54	41		been previously performed. For purposes of this Code section, the term 'unattended vessel35
55	42		check' means and consists of such actions as are reasonably necessary to determine that the36
56	43		unattended vessel does not contain an injured or incapacitated person and to determine that37
57	44		the unattended vessel does not pose a threat to public health or safety.38
58	45		(b) Any law enforcement officer or individual authorized by the Department of Natural39
59	46		Resources who completes an unattended vessel check shall attach the completed40
60	47		unattended vessel check card to the vessel. Unattended vessel check cards shall be in such41
61	48		H. B. 115 (SUB)
62	49		- 2 - 25 LC 39 4617S
63	50		form and shall be attached to vessels in such manner as determined by the Department of42
64	51		Natural Resources.43
65	52		(c) It shall be unlawful for any person other than a law enforcement officer or individual44
66	53		authorized by the Department of Natural Resources to attach any object purporting to be45
67	54		an unattended vessel check card to a vessel. Any person convicted of violating this46
68	55		subsection shall be guilty of a misdemeanor.47
69	56		(d) Within 24 hours of completing an unattended vessel check or discovering an48
70	57		unattended vessel which displays an unattended vessel check card issued by a law49
71	58		enforcement officer or individual authorized by the Department of Natural Resources, a50
72	59		law enforcement officer shall query the criminal justice information system to determine51
73	60		if the unattended vessel has been entered into such system as a stolen vessel. If the52
74	61		unattended vessel has been reported as stolen, the law enforcement officer shall notify the53
75	62		Department of Natural Resources and the law enforcement agency that filed such report,54
76	63		providing the location of the vessel. The law enforcement agency receiving such55
77	64		notification shall then notify the owner of the vessel of the location of the vessel.56
78	65		(e) Failure of a law enforcement officer or the Department of Natural Resources to comply57
79	66		with any provision of this Code section shall not limit the remedies available to any person58
80	67		pursuant to this article."59
81	68		SECTION 4.60
82	69		Said chapter is further amended by revising Code Section 52-7-71, relating to removal and61
83	70		storage of vessels and procedure, as follows:62
84	71		"52-7-71.63
85	72		(a) Any person who that removes a vessel from public property or public water at the64
86	73		request of a law enforcement officer or stores such vessel shall, if the owner of the vessel65
87	74		is unknown, seek the identity of and address of the last known registered owner of such66
88	75		vessel from the law enforcement officer requesting removal of such vessel or such officer's67
89	76		H. B. 115 (SUB)
90	77		- 3 - 25 LC 39 4617S
91	78		agency Department of Natural Resources within 72 hours of removal. If a person removing68
92	79		or storing the vessel has knowledge of facts which reasonably indicate that the vessel is69
93	80		registered or titled in a certain other state, such person shall check the vessel records of that70
94	81		other state in the attempt to ascertain the identity of the owner of the vessel.71
95	82		(b)(1) Any person who that removes a vessel from private property or private waters at72
96	83		the request of the property owner or stores such vessel shall, if the owner of the vessel is73
97	84		unknown, notify in writing a local law enforcement agency of the location of the vessel,74
98	85		the vessel certificate of number, and the hull identification number, model, year, and75
99	86		make of the vessel, if known or if readily ascertainable, within 72 hours of the removal76
100	87		of such vessel and shall seek from the local law enforcement agency seek the identity of77
101	88		and address of the last known registered owner of such vessel and any information78
102	89		indicating that such vessel is a stolen vessel from the Department of Natural Resources79
103	90		within 72 hours of removal. If a person removing or storing the vessel has knowledge80
104	91		of facts which reasonably indicate that the vessel is registered or titled in a certain other81
105	92		state, such person shall check the vessel records of that other state in the attempt to82
106	93		ascertain the identity of the owner of the vessel.83
107	94		(2) Any person that removes a vessel pursuant to this subsection shall submit notification84
108	95		of the removal by hand delivery, electronic transmission, or telephonic facsimile85
109	96		transmission to the law enforcement agency with jurisdiction over the location from86
110	97		where the vessel was removed no later than one day after submission of the request87
111	98		required by paragraph (1) of this subsection. Within 24 hours of receipt of such88
112	99		notification of removal of a vessel from private property, the local law enforcement89
113	100		agency shall query the criminal justice information system to determine if such vessel has90
114	101		been entered into the criminal justice information system as a stolen vessel. If the vessel91
115	102		has been reported as stolen, the local law enforcement agency shall notify the law92
116	103		enforcement agency that filed such report, providing the name and address of the person93
117	104		who submitted the notice of removal. The law enforcement agency receiving such94
118	105		H. B. 115 (SUB)
119	106		- 4 - 25 LC 39 4617S
120	107		notification shall then notify the person who filed the police report for the stolen vessel95
121	108		of the location of such vessel and the contact information for the person that removed the96
122	109		vessel.97
123	110		(c) The Department of Natural Resources may charge a fee of no more than $2.00 for any98
124	111		information requested pursuant to this Code section. Such department shall furnish the99
125	112		requested owner information no later than five days from the date the request was received100
126	113		or when the information is made available. If any vessel removed under conditions set101
127	114		forth in subsection (a) or (b) of this Code section is determined to be a stolen vessel, the102
128	115		local law enforcement officer or agency shall notify the Georgia Crime Information Center103
129	116		and the owner, if known, of the location of such vessel within 72 hours after receiving104
130	117		notice that such vessel is a stolen vessel.105
131	118		(d) If any vessel removed under conditions set forth in subsection (a) or (b) of this Code106
132	119		section is determined not to be a stolen vessel or is not a vessel being repaired by a repair107
133	120		facility or is not being stored by an insurance company providing insurance to cover108
134	121		damages to the vessel, the person removing or storing such vessel shall, within seven109
135	122		calendar days of the day such vessel was removed, notify the owner, if known, by:110
136	123		(1) By certified or registered mail or statutory overnight delivery within seven calendar111
137	124		days of removal, notify the owner of the location of such vessel, the fees connected with112
138	125		removal and storage of such vessel, and the fact that such vessel will be deemed113
139	126		abandoned under this article unless the owner redeems such vessel within 30 days of the114
140	127		date such vessel was removed of its removal, the fact that the person removing or storing115
141	128		the vessel has the right to petition the court to foreclose a lien for all amounts owed, and116
142	129		the fact that a court may order the sale of the vessel to satisfy such debt; or117
143	130		(2) By advertisement in a newspaper of general circulation in the county from where the118
144	131		vessel was removed or, if there is no newspaper in such county, at the county courthouse119
145	132		in such place where other public notices are posted, when an owner cannot be120
146	133		ascertained. Such advertisement shall run in the newspaper once a week for two121
147	134		H. B. 115 (SUB)
148	135		- 5 - 25 LC 39 4617S
149	136		consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. 122
150	137		The advertisement shall contain a complete description of the vessel, its certificate of123
151	138		number and hull identification number, the location from where such vessel was initially124
152	139		removed, the present location of such vessel, the fact that if such vessel is not redeemed125
153	140		within 30 days of its removal such vessel shall be deemed abandoned, the fact that the126
154	141		person removing or storing the vessel has the right to petition the court to foreclose a lien127
155	142		for all amounts owed, and the fact that a court may order the sale of the vessel to satisfy128
156	143		such debt.129
157	144		(e) If the person identified as the an owner fails to redeem such vessel as described in130
158	145		subsection (d) of this Code section, or if a vessel being repaired by a repair facility or being131
159	146		stored by an insurance company providing insurance to cover damages to the vessel132
160	147		becomes abandoned, the person removing or storing such vessel shall, within seven133
161	148		calendar days of the day such vessel became an abandoned vessel, give notice in writing,134
162	149		by sworn statement, to the Department of Natural Resources stating the vessel certificate135
163	150		of number, the hull identification number, the fact that such vessel is an abandoned vessel,136
164	151		the model, year, and make of the vessel, if known or if readily ascertainable, the date the137
165	152		vessel became an abandoned vessel, the date the vessel was removed, and the present138
166	153		location of such vessel and requesting the name and address of all owners, lessors, lessees,139
167	154		security interest holders, and lienholders of such vessel. If a person removing or storing140
168	155		the vessel has knowledge of facts which reasonably indicate that the vessel is registered or141
169	156		titled in a certain other state, such person shall check the vessel records of that other state142
170	157		in the attempt to ascertain the identity of the owner of the vessel.143
171	158		(e.1)(f)(1)(A) Upon notice to the Department of Natural Resources as described in144
172	159		subsection (e) of this Code section, then the commissioner may revoke, suspend, deny,145
173	160		or refuse to renew any vessel certificate of number or commercial fishing boat license146
174	161		required by this title or Title 27 which is held by or has been applied for by the person147
175	162		owner who holds the current registration for such vessel, until all fees connected with148
176	163		H. B. 115 (SUB)
177	164		- 6 - 25 LC 39 4617S
178		-	removal and storage of the vessel have been paid and any lien acquired under Code
179		-	149
180		-	Section 52-7-73 for such fees has been satisfied. Such owner
181		-	The person shall be150
	165	+	removal and storage of the vessel have been paid and any lien acquired under Code149
	166	+	Section 52-7-73 for such fees has been satisfied. Such owner The person shall be150
182	167		notified of the proposed order for revocation, suspension, denial, or nonrenewal151
183	168		personally or by a letter sent by certified mail or statutory overnight delivery to the152
184	169		name and address indicated on the application for the certificate of number or license,153
185	170		or both. The proposed order for revocation, suspension, denial, or nonrenewal shall154
186	171		become final 30 days after issuance if not appealed as provided in this paragraph.155
187	172		(B) Any person whose vessel certificate of number or commercial fishing boat license156
188	173		is proposed for revocation, suspension, denial, or nonrenewal under this paragraph shall157
189	174		have the right to enter an appeal in the superior court of the county of his or her158
190	175		residence or in the Superior Court of Fulton County. Such appeal shall name the159
191	176		commissioner as defendant and must shall be filed within 30 days from the date the160
192	177		notice of the proposed order was sent. The person filing the appeal shall neither be161
193	178		required to post any bond nor to pay the costs in advance. If the person so desires, the162
194	179		appeal may be heard by the judge at term or in chambers or by a jury at the first term. 163
195	180		The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of164
196	181		any orders or acts of the department.165
197	182		(2)(A) Upon notice to the Department of Natural Resources as described in166
198	183		subsection (e) of this Code section and delivery of a copy of such notice to the state167
199	184		revenue commissioner, then the state revenue commissioner may revoke, suspend,168
200	185		deny, or refuse to renew any motor vehicle registration required by Title 40 which is169
201	186		held by or has been applied for by the person owner who holds the current registration170
202	187		for such vessel, until all fees connected with removal and storage of the vessel have171
203	188		been paid and any lien acquired under Code Section 52-7-73 for such fees has been172
204	189		satisfied. Such owner The person shall be notified of the proposed order for revocation,173
205	190		suspension, denial, or nonrenewal personally or by a letter sent by certified mail or174
206	191		statutory overnight delivery to the name and address indicated on the application for the175
207	192		H. B. 115 (SUB)
208	193		- 7 - 25 LC 39 4617S
209		-	registration. The proposed order for revocation, suspension, denial, or nonrenewal shall
210		-	176
	194	+	registration. The proposed order for revocation, suspension, denial, or nonrenewal shall176
211	195		become final 30 days after issuance if not appealed as provided in this paragraph.177
212	196		(B) Any person whose motor vehicle registration is proposed for revocation,178
213	197		suspension, denial, or nonrenewal under this paragraph shall have the right to enter an179
214	198		appeal in the superior court of the county of his or her residence or in the Superior180
215	199		Court of Fulton County. Such appeal shall name the state revenue commissioner as181
216		-	defendant and must
217		-	shall be filed within 30 days from the date the notice of the182
	200	+	defendant and must shall be filed within 30 days from the date the notice of the182
218	201		proposed order was sent. The person filing the appeal shall neither be required to post183
219	202		any bond nor to pay the costs in advance. If the person so desires, the appeal may be184
220	203		heard by the judge at term or in chambers or by a jury at the first term. The hearing on185
221	204		the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or186
222	205		acts of the department.187
223	206		(f) Upon ascertaining the owner of such vessel, the person removing or storing such vessel188
224	207		shall, within five calendar days, by certified or registered mail or statutory overnight189
225	208		delivery, notify the owner, lessors, lessees, security interest holders, and lienholders of the190
226	209		vessel of the location of such vessel and of the fact that such vessel is deemed abandoned191
227	210		and shall be disposed of if not redeemed.192
228	211		(g) If the identity of the owner of such vessel cannot be ascertained, the person removing193
229	212		or storing such vessel shall place an advertisement in a newspaper of general circulation194
230	213		in the county where such vessel was obtained or, if there is no newspaper in such county,195
231	214		shall post such advertisement at the county courthouse in such place where other public196
232	215		notices are posted. Such advertisement shall run in the newspaper once a week for two197
233	216		consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. 198
234	217		The advertisement shall contain a complete description of the vessel, its certificate of199
235	218		number and hull identification number, the location from where such vessel was initially200
236	219		removed, the present location of such vessel, and the fact that such vessel is deemed201
237	220		abandoned and shall be disposed of if not redeemed.202
238	221		H. B. 115 (SUB)
239	222		- 8 - 25 LC 39 4617S
240	223		(h) Reserved.203
241	224		(i)(g) Any person storing a vessel under the provisions of this Code section shall notify the204
242	225		Department of Natural Resources if the vessel is recovered, is claimed by the owner, is205
243	226		determined to be stolen, or is for any reason no longer an abandoned vessel. Such notice206
244	227		shall be provided within seven calendar days of such event.207
245	228		(j)(h) If vessel information on the abandoned vessel is not in the files of the Department208
246	229		of Natural Resources, the department may require such other information or confirmation209
247	230		as it determines is necessary or appropriate to determine the identity of the vessel.210
248	231		(k)(i) Any person who does not provide the notice and information required by this Code211
249	232		section shall not be entitled to any storage fees.212
250	233		(l)(j) Any person who knowingly provides false or misleading information when providing213
251	234		any notice or information as required by this Code section shall be guilty of a misdemeanor214
252	235		and, upon conviction thereof, shall be punished as for a misdemeanor."215
253	236		SECTION 5.216
254	237		Said chapter is further amended by revising Code Section 52-7-72, relating to authority of217
255	238		peace officer to cause removal of unattended vessels, notifications, and duties, as follows:218
256	239		"52-7-72.219
257	240		(a) Any peace law enforcement officer who finds a vessel which has been left unattended220
258	241		in or upon any public waters or other public property for a period of at least five days, if221
259	242		such peace officer reasonably believes that the person who left such vessel unattended does222
260	243		not intend to return and remove such vessel, shall notify the Department of Natural223
261	244		Resources of such finding in accordance with subsection (d) of this Code section and as224
262	245		evidenced by the date of issuance on the unattended vessel check card attached to such225
263	246		vessel pursuant to Code Section 52-7-70.1, may cause such vessel to be removed to a226
264	247		garage or other place of safety.227
265	248		H. B. 115 (SUB)
266	249		- 9 - 25 LC 39 4617S
267	250		(b)(1) Any peace law enforcement officer who finds a vessel which has been left228
268	251		unattended in or upon any public waters or other public property, when such vessel poses229
269	252		a threat to public health or safety, shall notify the Department of Natural Resources of230
270	253		such finding in accordance with subsection (d) of this Code section and may immediately231
271	254		cause such vessel to be removed to a garage or other place of safety.232
272	255		(2) Within 24 hours of causing an unattended vessel to be removed pursuant to233
273	256		paragraph (1) of this subsection, the law enforcement officer causing such removal shall234
274	257		query the criminal justice information system to determine if the unattended vessel has235
275	258		been entered into the criminal justice information system as a stolen vessel. If the236
276	259		removed vessel has been reported as stolen, the law enforcement officer shall notify the237
277	260		law enforcement agency that filed such report, providing the location of the vessel or the238
278	261		name of the person that removed the vessel. The law enforcement agency receiving such239
279	262		notification shall then notify the person who filed the police report for the stolen vessel240
280	263		of the location of the vessel.241
281	264		(c) Any peace law enforcement officer who, under the provisions of this Code section,242
282	265		causes any vessel to be removed to a garage or other place of safety shall be liable for gross243
283	266		negligence only.244
284	267		(d)(1) Any peace law enforcement officer who finds a vessel under such conditions as245
285	268		described in subsection (a) or (b) of this Code section shall within 72 hours from the time246
286	269		of such finding:247
287	270		(A) Notify notify the Department of Natural Resources of the description of the vessel,248
288	271		whether the vessel has been removed or not, and, if removed, the location to which such249
289	272		vessel has been removed; and.250
290	273		(B) If available on the Georgia Crime Information Center Network, determine the251
291	274		name and address of the last known registered owner of such vessel. If vessel252
292	275		information is not in the files of the Department of Natural Resources, the department253
293	276		H. B. 115 (SUB)
294	277		- 10 - 25 LC 39 4617S
295		-	may require such other information or confirmation as it determines is necessary or
296		-	254
	278	+	may require such other information or confirmation as it determines is necessary or254
297	279		appropriate to determine the identity of the vessel.255
298		-	(2) If any such vessel is determined to be a stolen vessel, the local law enforcement
299		-	256
	280	+	(2) If any such vessel is determined to be a stolen vessel, the local law enforcement256
300	281		officer or agency shall notify the Georgia Crime Information Center and the owner, if257
301	282		known, of the location of such vessel within 72 hours after receiving notice that such258
302	283		vessel is a stolen vessel.259
303	284		(3) If the vessel is removed and the name and address of the last known registered owner260
304	285		of the vessel is obtained from the Georgia Crime Information Center, the peace officer261
305	286		who causes the vessel to be removed shall, within three calendar days of removal, make262
306	287		available to the person removing such vessel the name and address of the last known263
307	288		registered owner of such vessel. If such information is not available, the peace officer264
308	289		shall, within three calendar days of removal, notify the person removing or storing such265
309	290		vessel of such fact."266
310	291		SECTION 6.267
311	292		Said chapter is further amended by revising Code Section 52-7-72.1, relating to penalty for268
312	293		failing to remove unattended vessel, as follows:269
313	294		"52-7-72.1.270
314	295		(a)(1) If any vessel for which the Department of Natural Resources and the Georgia271
315	296		Crime Information Center have has received notice pursuant to subsection (d) of Code272
316	297		Section 52-7-72 has not been removed and is determined not to be a stolen vessel, the273
317	298		commissioner may proceed to take action against the owner as provided by provisions274
318	299		of this Code section shall apply.275
319	300		(2) If any vessel for which the Department of Natural Resources and the Georgia Crime276
320	301		Information Center have has received notice pursuant to subsection (d) of Code277
321	302		Section 52-7-72 has been removed, the provisions of this Code section shall not apply278
322	303		and the provisions of Code Section 52-7-71 shall apply instead.279
323	304		H. B. 115 (SUB)
324	305		- 11 - 25 LC 39 4617S
325	306		(b)(1) Within seven calendar days of receipt of the notice required pursuant to280
326	307		subsection (d) of Code Section 52-7-72 that a vessel has not been removed and has been281
327	308		determined not be a stolen vessel, the Department of Natural Resources shall, by certified282
328	309		or registered mail or statutory overnight delivery, notify the owner of the location of such283
329	310		vessel and that if such vessel is not removed within 30 days the vessel will be deemed284
330	311		abandoned under this article and:285
331	312		(A) Shall be subject to a lien for actual or projected costs for the removal, storage, and286
332	313		sale of such vessel;287
333	314		(B) Failure to remove the vessel may result in the revocation, suspension, denial, or288
334	315		refusal to renew a motor vehicle registration, vessel certificate of number, or289
335	316		commercial fishing boat license of a vessel owner that has registered such vessel with290
336	317		the Department of Natural Resources;291
337	318		(C) That the owner shall be liable to the department for damages for the removal,292
338	319		storage, and disposal of the vessel; and293
339	320		(D) Failure to remove the vessel may result in the criminal prosecution of a vessel294
340	321		owner that has registered such vessel with the Department of Natural Resources.295
341	322		(2) The requirement for removal of a vessel within 30 days pursuant to this subsection296
342	323		shall be inapplicable within 36 months of a declaration by the Governor of a state of297
343	324		emergency due to a natural disaster affecting the location of the vessel.298
344	325		(b)(c)(1)(A) The commissioner of the Department of Natural Resources shall be299
345	326		authorized to Upon notice to the Department of Natural Resources as described in300
346	327		subsection (d) of Code Section 52-7-72, then the commissioner may revoke, suspend,301
347	328		deny, or refuse to renew any vessel certificate of number or commercial fishing boat302
348	329		license required by this title or Title 27 which is held by or has been applied for by a303
349	330		person who owns the vessel, until the owner a vessel owner that has registered such304
350	331		vessel with the Department of Natural Resources which has become abandoned that has305
351	332		been notified in accordance with subsection (b) of this Code section, until such person306
352	333		H. B. 115 (SUB)
353	334		- 12 - 25 LC 39 4617S
354		-	restores and resumes operation of the vessel or removes it from public waters or public
355		-	307
	335	+	restores and resumes operation of the vessel or removes it from public waters or public307
356	336		property. The person shall be notified of the proposed order for revocation, suspension,308
357	337		denial, or nonrenewal personally or by a letter sent by certified mail or statutory309
358	338		overnight delivery to the name and address indicated on the application for the310
359	339		certificate of number or license, or both. The proposed order for revocation,311
360	340		suspension, denial, or nonrenewal shall become final 30 days after issuance if not312
361	341		appealed as provided in this paragraph.313
362	342		(B) Any person whose vessel certificate of number or commercial fishing boat license314
363	343		is proposed for revocation, suspension, denial, or nonrenewal under this paragraph shall315
364	344		have the right to enter an appeal in the superior court of the county of his or her316
365	345		residence or in the Superior Court of Fulton County. Such appeal shall name the317
366		-	commissioner as defendant and must
367		-	shall be filed within 30 days from the date the318
	346	+	commissioner as defendant and must shall be filed within 30 days from the date the318
368	347		notice of the proposed order was sent. The person filing the appeal shall neither be319
369	348		required to post any bond nor to pay the costs in advance. If the person so desires, the320
370	349		appeal may be heard by the judge at term or in chambers or by a jury at the first term. 321
371	350		The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of322
372	351		any orders or acts of the department.323
373	352		(2)(A) Upon notice to the Department of Natural Resources as described in324
374	353		subsection (d) of Code Section 52-7-72 and delivery of a copy of such notice to the325
375	354		state revenue commissioner, then the The state revenue commissioner may shall be326
376	355		authorized to revoke, suspend, deny, or refuse to renew any motor vehicle registration327
377	356		required by Title 40 which is held by or has been applied for by a person who owns the328
378	357		vessel, until the owner a vessel owner that has registered such vessel with the329
379	358		Department of Natural Resources which has become abandoned that has been notified330
380	359		in accordance with subsection (b) of this Code section, until such person restores and331
381	360		resumes operation of the vessel or removes it from public waters or public property. 332
382	361		The person shall be notified of the proposed order for revocation, suspension, denial,333
383	362		H. B. 115 (SUB)
384	363		- 13 - 25 LC 39 4617S
385		-	or nonrenewal personally or by a letter sent by certified mail or statutory overnight
386		-	334
	364	+	or nonrenewal personally or by a letter sent by certified mail or statutory overnight334
387	365		delivery to the name and address indicated on the application for the registration. The335
388	366		proposed order for revocation, suspension, denial, or nonrenewal shall become final 30336
389	367		days after issuance if not appealed as provided in this paragraph.337
390	368		(B) Any person whose motor vehicle registration is proposed for revocation,338
391	369		suspension, denial, or nonrenewal under this paragraph shall have the right to enter an339
392	370		appeal in the superior court of the county of his or her residence or in the Superior340
393	371		Court of Fulton County. Such appeal shall name the state revenue commissioner as341
394		-	defendant and must
395		-	shall be filed within 30 days from the date the notice of the342
	372	+	defendant and must shall be filed within 30 days from the date the notice of the342
396	373		proposed order was sent. The person filing the appeal shall neither be required to post343
397	374		any bond nor to pay the costs in advance. If the person so desires, the appeal may be344
398	375		heard by the judge at term or in chambers or by a jury at the first term. The hearing on345
399	376		the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or346
400	377		acts of the department.347
401	378		(d) Any vessel owner that has registered such vessel with the Department of Natural348
402	379		Resources that fails to remove such vessel from public waters or public property within 30349
403	380		days receipt of the notice issued pursuant to subsection (b) of this Code section shall be350
404	381		guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof,351
405	382		shall be punished by a fine not to exceed $5,000.00 or by confinement for a term not to352
406	383		exceed 12 months, or both; provided, however, that the requirement for removal of a vessel353
407	384		within 30 days pursuant to this subsection shall be inapplicable within 36 months of a354
408	385		declaration by the Governor of a state of emergency due to a natural disaster affecting the355
409	386		location of the vessel. Upon a second or subsequent offense for failure to remove an356
410	387		abandoned vessel from public waters or public property, a vessel owner that has registered357
411	388		such vessel with the Department of Natural Resources shall be guilty of a felony and, upon358
412	389		conviction thereof, shall be punished by a fine not to exceed $50,000.00 or by359
413	390		imprisonment for a term not to exceed five years, or both. In addition to any other penalty360
414	391		H. B. 115 (SUB)
415	392		- 14 - 25 LC 39 4617S
416	393		authorized by law for failure to remove an abandoned vessel from public waters or public361
417	394		property, the court may order a person convicted pursuant to this subsection to make362
418	395		restitution to Department of Natural Resources for the reasonable costs or damages363
419	396		associated with failure to remove the vessel, including the cost of removal, storage, and364
420	397		disposal of such vessel. Restitution made pursuant to this subsection shall not preclude the365
421	398		Department of Natural Resources from obtaining any other civil or criminal remedy366
422	399		available under any other provision of law. The restitution authorized by this Code section367
423	400		shall be supplemental and not exclusive."368
424	401		SECTION 7.369
425	402		Said chapter is further amended in Code Section 52-7-74, relating to procedure for370
426	403		foreclosure, by revising paragraph (2) as follows:371
427	404		"(2) The person desiring to foreclose a lien on an abandoned vessel shall, by certified or372
428	405		registered mail or statutory overnight delivery, make a demand upon the owner for the373
429	406		payment of the reasonable fees for removal and storage plus the costs of any374
430	407		advertisement. Such written demand shall include an itemized statement of all charges. 375
431	408		No such written demand shall be required if the identity of the owner cannot be376
432	409		ascertained and the notice requirements of paragraph (2) of subsection (g) (d) of Code377
433	410		Section 52-7-71 have been complied with;"378
434	411		SECTION 8.379
435	412		All laws and parts of laws in conflict with this Act are repealed.380
436	413		H. B. 115 (SUB)
437	414		- 15 -