MD
Maryland House Bill HB1461

Maryland 2024 Regular Session

Maryland House Bill HB1461 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb1461*
66
77 HOUSE BILL 1461
88 M1 4lr3453
99 CF SB 674
1010 By: Delegate Allen
1111 Introduced and read first time: February 12, 2024
1212 Assigned to: Rules and Executive Nominations
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Abandoned or Sunken Vessels and Waterway Improvement Fund Grants 2
1919
2020 FOR the purpose of requiring the owner of a vessel that is required to be numbered to 3
2121 include certain contact information with the application for a certificate of number; 4
2222 requiring the Department of Natural Resources, within a certain number of days 5
2323 before and after seizing, removing, or taking an abandoned or sunken vessel into 6
2424 custody, to attempt to contact certain individuals in a certain manner; requiring the 7
2525 Department to provide certain notice by posting certain information on the 8
2626 Department’s website or through social media platforms under certain 9
2727 circumstances; authorizing the Department to establish and administer a voluntary 10
2828 vessel turn–in program; requiring the Department to distribute each fiscal year at 11
2929 least a certain amount from the Waterway Improvement Fund to a certain 12
3030 organization; and generally relating to abandoned and sunken vessels and the 13
3131 Waterway Improvement Fund. 14
3232
3333 BY adding to 15
3434 Article – Natural Resources 16
3535 Section 8–709(e) and 8–721.2 17
3636 Annotated Code of Maryland 18
3737 (2023 Replacement Volume and 2023 Supplement) 19
3838
3939 BY repealing and reenacting, with amendments, 20
4040 Article – Natural Resources 21
4141 Section 8–712(b) and 8–721 22
4242 Annotated Code of Maryland 23
4343 (2023 Replacement Volume and 2023 Supplement) 24
4444
4545 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
4646 That the Laws of Maryland read as follows: 26
4747
4848 Article – Natural Resources 27 2 HOUSE BILL 1461
4949
5050
5151
5252 8–709. 1
5353
5454 (E) NOTWITHSTANDING ANY O THER PROVISION OF LA W, FOR FISCAL YEAR 2
5555 2026 AND EACH FISCAL YEAR THEREAFTER , THE DEPARTMENT SHALL DIST RIBUTE 3
5656 AT LEAST $250,000 FROM THE WATERWAY IMPROVEMENT FUND TO A STATEWIDE 4
5757 MARYLAND–BASED HISTORIC PRESE RVATION NONPROFIT OR GANIZATION WITH 5
5858 DEMONSTRATED EXPERIE NCE IN GRANTMAKING . 6
5959
6060 8–712. 7
6161
6262 (b) (1) The owner of any vessel to be numbered by this subtitle shall file an 8
6363 application for a certificate of number with the Department. 9
6464
6565 (2) The application is on forms the Department approves, accompanied by 10
6666 the requisite fee, and signed by every vessel owner. 11
6767
6868 (3) (I) THE OWNER OF THE VESS EL SHALL INCLUDE WIT H THE 12
6969 APPLICATION CONTACT INFORMATION TO BE US ED: 13
7070
7171 1. IN THE EVENT OF AN EM ERGENCY; OR 14
7272
7373 2. IF THE VESSEL IS AT R ISK OF BECOMING AN 15
7474 ABANDONED OR SUNKEN VESSEL AS DEFINED IN § 8–721 OF THIS SUBTITLE. 16
7575
7676 (II) THE CONTACT INFORMATI ON REQUIRED UNDER TH IS 17
7777 PARAGRAPH SHALL INCL UDE THE MAILING ADDR ESS, TELEPHONE NUMBER , AND 18
7878 E–MAIL ADDRESS FOR EAC H OWNER OF THE VESSE L. 19
7979
8080 (III) THE DEPARTMENT MAY REQUIR E THE OWNER OF THE 20
8181 VESSEL TO PROVIDE ALTERNATE EM ERGENCY CONTACT INFO RMATION. 21
8282
8383 8–721. 22
8484
8585 (a) In this section, “abandoned or sunken vessel” means any vessel that: 23
8686
8787 (1) Is left illegally or has remained without permission for more than 30 24
8888 days on public property, including public marinas, docks, or boatyards; 25
8989
9090 (2) Has remained at the following locations for more than 60 days without 26
9191 the consent of the owner or person in control of the property: 27
9292
9393 (i) A private marina or property operated by a private marina; or 28
9494
9595 (ii) A private boatyard or property operated by a private boatyard; 29 HOUSE BILL 1461 3
9696
9797
9898
9999 (3) Has remained at the following locations for more than 30 days without 1
100100 the consent of the owner or person in control of the property: 2
101101
102102 (i) A private dock; or 3
103103
104104 (ii) At or near waters’ edge on private property; 4
105105
106106 (4) Has remained on private property other than the private property 5
107107 described in items (2) and (3) of this subsection for more than 180 days without the consent 6
108108 of the owner or person in control of the property; or 7
109109
110110 (5) (i) Has been found adrift or unattended in or upon the waters of the 8
111111 State and: 9
112112
113113 1. Is found in a condition of disrepair; 10
114114
115115 2. Presents a hazard or obstruction to the use of the waters 11
116116 of the State; or 12
117117
118118 3. Presents a potential health or environmental hazard; and 13
119119
120120 (ii) Is not: 14
121121
122122 1. Historic property as defined in § 5A–301 of the State 15
123123 Finance and Procurement Article; or 16
124124
125125 2. Submerged archaeological historic property as defined in 17
126126 § 5A–333 of the State Finance and Procurement Article. 18
127127
128128 (b) (1) The Department may seize, remove, and take into custody any 19
129129 abandoned or sunken vessel. 20
130130
131131 (2) For this purpose, the Department may use its own personnel, 21
132132 equipment, and facilities or use other persons, equipment, and facilities for removing, 22
133133 preserving, or storing abandoned or sunken vessels. 23
134134
135135 (3) The Department, or a person removing, preserving, or storing an 24
136136 abandoned or sunken vessel on behalf of the Department, may not be held liable for any 25
137137 damage to an abandoned or sunken vessel which may occur during removal, storage, or 26
138138 custody of the vessel. 27
139139
140140 (c) (1) Except as provided in subsection (g)(2) of this section, not later than 15 28
141141 days before an abandoned or sunken vessel is seized, removed, or taken into custody under 29
142142 subsection (b) of this section, the Department shall [send]: 30
143143
144144 (I) SEND a notice, by certified mail, return receipt requested, 31 4 HOUSE BILL 1461
145145
146146
147147 bearing a postmark from the United States Postal Service to the [last known] registered 1
148148 owner of the vessel, as shown on the records of the Department; AND 2
149149
150150 (II) ATTEMPT, BY TELEPHONE OR E –MAIL, TO CONTACT: 3
151151
152152 1. THE REGISTERED OWNER OF THE VESSEL AT THE 4
153153 TELEPHONE NUMBER OR E–MAIL ADDRESS SHOWN O N THE RECORDS OF THE 5
154154 DEPARTMENT ; AND 6
155155
156156 2. IF THE APPLICATION FO R A CERTIFICATE OF N UMBER 7
157157 UNDER § 8–712(B) OF THIS SU BTITLE INCLUDES AN A LTERNATE EMERGENCY 8
158158 CONTACT, THE ALTERNATE EMERGE NCY CONTACT . 9
159159
160160 (2) (i) Except as provided in subparagraph (ii) of this paragraph, as 10
161161 soon as reasonably possible but not later than 15 days after the Department takes an 11
162162 abandoned or sunken vessel into custody, the Department shall [send]: 12
163163
164164 1. SEND a notice, by certified mail, return receipt requested, 13
165165 bearing a postmark from the United States Postal Service to the [last known] registered 14
166166 owner of the vessel and to each known secured party, as shown on the records of the 15
167167 Department; AND 16
168168
169169 2. ATTEMPT, BY TELEPHONE OR E –MAIL, TO CONTACT: 17
170170
171171 A. THE REGISTERED OWNER OF THE VESSEL AT THE 18
172172 TELEPHONE NUMBER OR E–MAIL ADDRESS SHOWN O N THE RECORDS OF THE 19
173173 DEPARTMENT ; AND 20
174174
175175 B. IF THE APPLICATION FOR A CERTIFIC ATE OF NUMBER 21
176176 UNDER § 8–712(B) OF THIS SUBTITLE INC LUDES AN ALTERNATE E MERGENCY 22
177177 CONTACT, THE ALTERNATE EMERGE NCY CONTACT . 23
178178
179179 (ii) As soon as reasonably possible but not later than 15 days after 24
180180 the Department takes an abandoned or sunken vessel into custody in accordance with 25
181181 subsection (g)(2) of this section, the Department shall [send]: 26
182182
183183 1. SEND a notice, by certified mail, return receipt requested, 27
184184 bearing a postmark from the United States Postal Service to the last known registered 28
185185 owner of the vessel and to each known secured party, as shown on the records of the 29
186186 Department; AND 30
187187
188188 2. ATTEMPT, BY TELEPHONE OR E –MAIL, TO CONTACT: 31
189189
190190 A. THE REGISTERED OWNER OF THE VESSEL AT THE 32 HOUSE BILL 1461 5
191191
192192
193193 TELEPHONE NUMBER OR E–MAIL ADDRESS SHOWN O N THE RECORDS OF THE 1
194194 DEPARTMENT ; AND 2
195195
196196 B. IF THE APPLICATION FO R A CERTIFICATE OF N UMBER 3
197197 UNDER § 8–712(B) OF THIS SUBTITLE INC LUDES AN ALTERNATE E MERGENCY 4
198198 CONTACT, THE ALTERNATE EMERGE NCY CONTACT . 5
199199
200200 (d) The notices required by subsection (c) of this section shall: 6
201201
202202 (1) Describe the vessel; 7
203203
204204 (2) If the vessel was taken into custody in accordance with subsection (g)(2) 8
205205 of this section, describe the actual or potential hazard mitigated by removal of the vessel; 9
206206
207207 (3) Give the location where the vessel is being held; 10
208208
209209 (4) Inform the owner and secured party of a right to reclaim the vessel 11
210210 within 3 weeks of receipt of the notice required in subsection (c)(2) of this section upon 12
211211 payment to the Department of any expenses incurred during removal and custody of the 13
212212 vessel; and 14
213213
214214 (5) State that failure to claim the vessel will constitute: 15
215215
216216 (i) A waiver of all right, title, and interest in the vessel; and 16
217217
218218 (ii) A consent to the Department’s disposition of the vessel. 17
219219
220220 (e) (1) If the Department is unable to determine the last registered owner or 18
221221 the identity of any secured party of the abandoned or sunken vessel, or if the certified mail 19
222222 notice required under subsection (c) of this section is returned as undeliverable AND 20
223223 TELEPHONE CALLS AND E–MAILS ARE UNAN SWERED, UNRETURNED , OR 21
224224 UNDELIVERABLE , the Department shall give the required notice [by]: 22
225225
226226 (I) BY publication in at least 1 newspaper of general circulation in 23
227227 the area where the abandoned or sunken vessel was found; OR 24
228228
229229 (II) THROUGH DIGITAL MEDIA , INCLUDING POSTING ON THE 25
230230 DEPARTMENT ’S WEBSITE AND SOCIAL MEDIA PLATFORMS . 26
231231
232232 (2) The notice by publication shall contain the information required under 27
233233 subsection (d) of this section and shall be published within 30 days of the seizure of the 28
234234 abandoned or sunken vessel, or within 15 days of [the]: 29
235235
236236 (I) THE return of the certified mail notice as undeliverable; AND 30
237237 6 HOUSE BILL 1461
238238
239239
240240 (II) THE ATTEMPT , BY TELEPHONE OR E –MAIL, TO CONTACT 1
241241 THE REGISTERED OWNER . 2
242242
243243 (f) If the owner or secured party fails to claim the abandoned or sunken vessel 3
244244 within 3 weeks after the [certified mail] notice REQUIRED UNDER SUBSE CTION (C) OF 4
245245 THIS SECTION or after the notice by publication is given, the Department may sell the 5
246246 vessel at public auction, proceed to receive title to the vessel pursuant to § 8–722 of this 6
247247 subtitle, or otherwise dispose of the vessel. 7
248248
249249 (g) (1) If the abandoned or sunken vessel is in such a condition of disrepair 8
250250 that the Department cannot remove the vessel intact, the Department may dispose of the 9
251251 vessel in whatever manner is reasonable without providing the notice required under 10
252252 subsections (c) through (e) of this section. 11
253253
254254 (2) (i) If the Department determines that an abandoned or sunken 12
255255 vessel poses an immediate hazard or obstruction to navigation, a potential health hazard, 13
256256 or a potential environmental hazard, the Department shall take the vessel into custody 14
257257 without providing the notice required under subsection (c)(1) of this section. 15
258258
259259 (ii) The Department shall keep a written record of a determination 16
260260 made under this paragraph, including the actual or potential hazards mitigated by removal 17
261261 of the vessel. 18
262262
263263 (h) The Department may delegate the Department’s authority to remove and 19
264264 dispose of abandoned or sunken vessels under this section to any local jurisdiction that 20
265265 consents to the delegation. 21
266266
267267 (i) The Department, in consultation with the Director of the Maryland Historical 22
268268 Trust, may adopt regulations to implement this section. 23
269269
270270 (j) The Department may not use funds budgeted for the Natural Resources Police 24
271271 for the purpose of removing or storing abandoned or sunken vessels under this section. 25
272272
273273 8–721.2. 26
274274
275275 (A) THE DEPARTMENT MAY ESTABL ISH AND ADMINISTER A VOLUNTARY 27
276276 VESSEL TURN–IN PROGRAM THAT ALLO WS THE OWN ER OF A VESSEL DETER MINED 28
277277 BY THE DEPARTMENT TO BE AT R ISK OF BECOMING AN A BANDONED OR SUNKEN 29
278278 VESSEL, AS DEFINED IN § 8–721 OF THIS SUBTITLE, TO TURN THE VESSEL I N TO THE 30
279279 DEPARTMENT TO BE DEST ROYED. 31
280280
281281 (B) TO APPLY TO PARTICIPA TE IN A PROGRAM AUTH ORIZED UNDE R THIS 32
282282 SECTION, A VESSEL OWNER SHALL SUBMIT TO THE DEPARTMENT AN APPLICA TION 33
283283 IN THE FORM THAT THE DEPARTMENT REQUIRES . 34
284284
285285 (C) IN ORDER TO PARTICIPA TE IN A PROGRAM AUTH ORIZED UNDER THIS 35 HOUSE BILL 1461 7
286286
287287
288288 SECTION, THE OWNER OF A VESSE L SHALL DEMONSTRATE TO THE SATISFACTION OF 1
289289 THE DEPARTMENT THAT : 2
290290
291291 (1) THE APPLICANT IS THE OWNER OF THE VESSEL ; 3
292292
293293 (2) THE APPLICANT IS A RE SIDENT OF THE STATE; AND 4
294294
295295 (3) THE VESSEL IS AT RISK OF BECOMING AN ABAND ONED OR SUNKEN 5
296296 VESSEL. 6
297297
298298 (D) THE DEPARTMENT MAY DETERM INE THAT A VESSEL IS AT RISK OF 7
299299 BECOMING AN ABANDONE D OR SUNKEN VESSEL , AS DEFINED IN § 8–721 OF THIS 8
300300 SUBTITLE, IF ANY OF THE FOLLOW ING CONDITIONS EXIST : 9
301301
302302 (1) THE VESSEL IS TAKING ON OR HAS TAKEN ON W ATER WITHOUT AN 10
303303 EFFECTIVE MEANS TO D RAIN OR EMPTY THE WA TER; 11
304304
305305 (2) SPACES ON THE V ESSEL THAT ARE DESIG NED TO BE ENCLOSED 12
306306 ARE INCAPABLE OF BEI NG SEALED OFF OR REM AIN OPEN TO THE ELEM ENTS FOR 13
307307 EXTENDED PERIODS OF TIME; 14
308308
309309 (3) THE VESSEL HAS BROKEN FROM OR IS IN DANGER OF BREAKING 15
310310 LOOSE FROM ITS ANCHO R; OR 16
311311
312312 (4) THE VESSEL IS TIED IN AN UNLAWFUL OR UNPERMITTE D MANNER 17
313313 TO A STRUCTURE OR MO ORING. 18
314314
315315 (E) THE DEPARTMENT , IN ITS SOLE DISCRETI ON, MAY DETERMINE 19
316316 ELIGIBILITY FOR PART ICIPATION IN A PROGR AM AUTHORIZED UNDER THIS 20
317317 SECTION. 21
318318
319319 (F) THE DEPARTMENT , OR A PERSON REMOVING , TOWING, STORING, OR 22
320320 DISPOSING OF A VESSEL THAT IS ACCEPTED INT O A PROGRAM AUTHORIZ ED UNDER 23
321321 THIS SECTION ON BEHA LF OF THE DEPARTMENT , MAY NOT BE HELD LIAB LE FOR 24
322322 ANY DAMAGE TO THE VE SSEL WHICH MAY OCCUR DURING REMOVAL , STORAGE, OR 25
323323 CUSTODY OF THE VESSE L. 26
324324
325325 (G) IF THE DEPARTMENT ES TABLISHES A PROGRAM AUTHORIZED UNDER 27
326326 THIS SECTION, THE DEPARTMENT SHALL ADOP T REGULATIONS TO IMP LEMENT AND 28
327327 CARRY OUT THE PROVIS IONS OF THIS SECTION . 29
328328
329329 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
330330 1, 2024. 31
331331