MD
Maryland Senate Bill SB674

Maryland 2024 Regular Session

Maryland Senate Bill SB674 Compare Versions

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1- WES MOORE, Governor Ch. 560
21
3-– 1 –
4-Chapter 560
5-(Senate Bill 674)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0674*
89
9-Abandoned or Sunken Vessels and Waterway Improvement Fund Grants
10+SENATE BILL 674
11+M1 4lr3084
12+ CF HB 1461
13+By: Senators Elfreth, Bailey, Ellis, Gile, Jackson, and Salling, and Simonaire
14+Introduced and read first time: January 29, 2024
15+Assigned to: Education, Energy, and the Environment
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: February 29, 2024
1019
11-FOR the purpose of requiring the owner of a vessel that is required to be numbered to
12-include certain contact information with the application for a certificate of number;
13-requiring the Department of Natural Resources, within a certain number of days
14-before and after seizing, removing, or taking an abandoned or sunken vessel into
15-custody, to attempt to contact certain individuals in a certain manner; requiring the
16-Department to provide certain notice by posting certain information on the
17-Department’s website or through social media platforms or by attaching certain
18-information to a vessel under certain circumstances; authorizing the Department to
19-establish and administer a voluntary vessel turn–in program; requiring the
20-Department to distribute each fiscal year at least a certain amount from the
21-Waterway Improvement Fund to a certain organization for certain purposes; and
22-generally relating to abandoned and sunken vessels and the Waterway Improvement
23-Fund.
20+CHAPTER ______
2421
25-BY adding to
26- Article – Natural Resources
27-Section 8–709(e) and 8–721.2
28- Annotated Code of Maryland
29- (2023 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
3023
31-BY repealing and reenacting, with amendments,
32- Article – Natural Resources
33-Section 8–712(b) and 8–721
34- Annotated Code of Maryland
35- (2023 Replacement Volume and 2023 Supplement)
24+Abandoned or Sunken Vessels and Waterway Improvement Fund Grants 2
3625
37- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
38-That the Laws of Maryland read as follows:
26+FOR the purpose of requiring the owner of a vessel that is required to be numbered to 3
27+include certain contact information with the application for a certificate of number; 4
28+requiring the Department of Natural Resources, within a certain number of days 5
29+before and after seizing, removing, or taking an abandoned or sunken vessel into 6
30+custody, to attempt to contact certain individuals in a certain manner; requiring the 7
31+Department to provide certain notice by posting certain information on the 8
32+Department’s website or through social media platforms or by attaching certain 9
33+information to a vessel under certain circumstances; authorizing the Department to 10
34+establish and administer a voluntary vessel turn–in program; requiring the 11
35+Department to distribute each fiscal year at least a certain amount from the 12
36+Waterway Improvement Fund to a certain organization for certain purposes; and 13
37+generally relating to abandoned and sunken vessels and the Waterway Improvement 14
38+Fund. 15
3939
40-Article – Natural Resources
40+BY adding to 16
41+ Article – Natural Resources 17
42+Section 8–709(e) and 8–721.2 18
43+ Annotated Code of Maryland 19
44+ (2023 Replacement Volume and 2023 Supplement) 20
4145
42-8–709.
46+BY repealing and reenacting, with amendments, 21
47+ Article – Natural Resources 22
48+Section 8–712(b) and 8–721 23 2 SENATE BILL 674
4349
44- (E) (1) NOTWITHSTANDING ANY O THER PROVISION OF LA W, FOR FISCAL
45-YEAR 2026 AND EACH FISCAL YEA R THEREAFTER , THE DEPARTMENT SHALL
46-DISTRIBUTE AT LEAST $250,000 FROM THE WATERWAY IMPROVEMENT FUND TO A
47-STATEWIDE MARYLAND–BASED HISTORIC PRESE RVATION NONPROFIT
48-ORGANIZATION WITH DE MONSTRATED EXPERIENC E IN GRANTMAKING . Ch. 560 2024 LAWS OF MARYLAND
4950
50-– 2 –
51+ Annotated Code of Maryland 1
52+ (2023 Replacement Volume and 2023 Supplement) 2
5153
52- (2) A NONPROFIT ORGANIZATI ON SHALL USE ANY FUNDS RECEIV ED
53-UNDER THIS SUBSECTIO N TO ESTABLISH, OPERATE, AND ADMINISTER A MAR ITIME
54-HERITAGE COMPETITIVE GRANT PROGRAM TO PRO VIDE GRANTS TO NONPR OFIT
55-ORGANIZATIONS IN THE STATE AND INSTRUMENTA LITIES OF THE STATE, COUNTIES,
56-OR MUNICIPALITIES EN GAGED IN MARITIME HERI TAGE PRESERVATION ,
57-INTERPRETATION , OR CONSERVATION .
54+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
55+That the Laws of Maryland read as follows: 4
5856
59- (3) ON OR BEFORE NOVEMBER 30 EACH YEAR , A NONPROFIT
60-ORGANIZATION THAT RE CEIVES FUNDS UNDER T HIS SUBSECTION SHALL SUBMIT A
61-REPORT TO THE DEPARTMENT ON THE GUI DELINES, PROMOTION , SELECTION,
62-RECIPIENTS, AND IMPACT OF THE OR GANIZATION’S COMPETITIVE GRANT PROGRAM.
57+Article – Natural Resources 5
6358
64-8–712.
59+8–709. 6
6560
66- (b) (1) The owner of any vessel to be numbered by this subtitle shall file an
67-application for a certificate of number with the Department.
61+ (E) (1) NOTWITHSTANDING ANY O THER PROVISION OF LA W, FOR FISCAL 7
62+YEAR 2026 AND EACH FISCAL YEAR THEREAFTER , THE DEPARTMENT SHALL 8
63+DISTRIBUTE AT LEAST $250,000 FROM THE WATERWAY IMPROVEMENT FUND TO A 9
64+STATEWIDE MARYLAND–BASED HISTORIC PRESE RVATION NONPROFIT 10
65+ORGANIZATION WITH DE MONSTRATED EXPERIENC E IN GRANTMAKING . 11
6866
69- (2) The application is on forms the Department approves, accompanied by
70-the requisite fee, and signed by every vessel owner.
67+ (2) A NONPROFIT ORGANIZATI ON SHALL USE ANY FUN DS RECEIVED 12
68+UNDER THIS SUBSECTIO N TO ESTABLISH, OPERATE, AND ADMINISTER A MAR ITIME 13
69+HERITAGE COMPETITIVE GRANT PROGRAM TO PRO VIDE GRANTS TO NONPR OFIT 14
70+ORGANIZATIONS IN THE STATE AND INSTRUMENTA LITIES OF THE STATE, COUNTIES, 15
71+OR MUNICIPALITIES EN GAGED IN MARITIME HE RITAGE PRESERVATION , 16
72+INTERPRETATION , OR CONSERVATION . 17
7173
72- (3) (I) THE OWNER OF THE VESS EL SHALL INCLUDE WIT H THE
73-APPLICATION CONTACT INFORMATION TO BE US ED:
74+ (3) ON OR BEFORE NOVEMBER 30 EACH YEAR , A NONPROFIT 18
75+ORGANIZATION THAT RE CEIVES FUNDS UNDER T HIS SUBSECTION SHALL SUBMIT A 19
76+REPORT TO THE DEPARTMENT ON TH E GUIDELINES , PROMOTION , SELECTION, 20
77+RECIPIENTS, AND IMPACT OF THE OR GANIZATION’S COMPETITIVE GRANT PROGRAM. 21
7478
75- 1. IN THE EVENT OF AN EM ERGENCY; OR
79+8–712. 22
7680
77- 2. IF THE VESSEL IS AT RIS K OF BECOMING AN
78-ABANDONED OR SUNKEN VESSEL AS DEFINED IN § 8–721 OF THIS SUBTITLE.
81+ (b) (1) The owner of any vessel to be numbered by this subtitle shall file an 23
82+application for a certificate of number with the Department. 24
7983
80- (II) THE CONTACT INFORMATI ON REQUIRED UNDER TH IS
81-PARAGRAPH SHALL INCL UDE THE MAILING ADDR ESS, TELEPHONE NUMBER , AND
82-E–MAIL ADDRESS FOR EAC H OWNER OF THE VESSEL.
84+ (2) The application is on forms the Department approves, accompanied by 25
85+the requisite fee, and signed by every vessel owner. 26
8386
84- (III) THE DEPARTMENT MAY REQUIR E THE OWNER OF THE
85-VESSEL TO PROVIDE AL TERNATE EMERGENCY CO NTACT INFORMATION .
87+ (3) (I) THE OWNER OF THE VESS EL SHALL INCLUDE WIT H THE 27
88+APPLICATION CONTACT INFORMATION TO BE US ED: 28
8689
87-8–721.
90+ 1. IN THE EVENT OF AN EMERGENC Y; OR 29
8891
89- (a) In this section, “abandoned or sunken vessel” means any vessel that:
92+ 2. IF THE VESSEL IS AT R ISK OF BECOMING AN 30
93+ABANDONED OR SUNKEN VESSEL AS DEFINED IN § 8–721 OF THIS SUBTITLE. 31
94+ SENATE BILL 674 3
9095
91- (1) Is left illegally or has remained without permission for more than 30
92-days on public property, including public marinas, docks, or boatyards;
93- WES MOORE, Governor Ch. 560
9496
95-– 3 –
96- (2) Has remained at the following locations for more than 60 days without
97-the consent of the owner or person in control of the property:
97+ (II) THE CONTACT INFORMATI ON REQUIRED UNDER TH IS 1
98+PARAGRAPH SHALL INCL UDE THE MAILING ADDR ESS, TELEPHONE NUMBER , AND 2
99+E–MAIL ADDRESS FOR EAC H OWNER OF THE VESSE L. 3
98100
99- (i) A private marina or property operated by a private marina; or
101+ (III) THE DEPARTMENT MAY REQUIR E THE OWNER OF THE 4
102+VESSEL TO PROVIDE AL TERNATE EMERGENCY CO NTACT INFORMATION . 5
100103
101- (ii) A private boatyard or property operated by a private boatyard;
104+8–721. 6
102105
103- (3) Has remained at the following locations for more than 30 days without
104-the consent of the owner or person in control of the property:
106+ (a) In this section, “abandoned or sunken vessel” means any vessel that: 7
105107
106- (i) A private dock; or
108+ (1) Is left illegally or has remained without permission for more than 30 8
109+days on public property, including public marinas, docks, or boatyards; 9
107110
108- (ii) At or near waters’ edge on private property;
111+ (2) Has remained at the following locations for more than 60 days without 10
112+the consent of the owner or person in control of the property: 11
109113
110- (4) Has remained on private property other than the private property
111-described in items (2) and (3) of this subsection for more than 180 days without the consent
112-of the owner or person in control of the property; or
114+ (i) A private marina or property operated by a private marina; or 12
113115
114- (5) (i) Has been found adrift or unattended in or upon the waters of the
115-State and:
116+ (ii) A private boatyard or property operated by a private boatyard; 13
116117
117- 1. Is found in a condition of disrepair;
118+ (3) Has remained at the following locations for more than 30 days without 14
119+the consent of the owner or person in control of the property: 15
118120
119- 2. Presents a hazard or obstruction to the use of the waters
120-of the State; or
121+ (i) A private dock; or 16
121122
122- 3. Presents a potential health or environmental hazard; and
123+ (ii) At or near waters’ edge on private property; 17
123124
124- (ii) Is not:
125+ (4) Has remained on private property other than the private property 18
126+described in items (2) and (3) of this subsection for more than 180 days without the consent 19
127+of the owner or person in control of the property; or 20
125128
126- 1. Historic property as defined in § 5A–301 of the State
127-Finance and Procurement Article; or
129+ (5) (i) Has been found adrift or unattended in or upon the waters of the 21
130+State and: 22
128131
129- 2. Submerged archaeological historic property as defined in
130-§ 5A–333 of the State Finance and Procurement Article.
132+ 1. Is found in a condition of disrepair; 23
131133
132- (b) (1) The Department may seize, remove, and take into custody any
133-abandoned or sunken vessel.
134+ 2. Presents a hazard or obstruction to the use of the waters 24
135+of the State; or 25
134136
135- (2) For this purpose, the Department may use its own personnel,
136-equipment, and facilities or use other persons, equipment, and facilities for removing,
137-preserving, or storing abandoned or sunken vessels.
137+ 3. Presents a potential health or environmental hazard; and 26
138138
139- (3) The Department, or a person removing, preserving, or storing an
140-abandoned or sunken vessel on behalf of the Department, may not be held liable for any Ch. 560 2024 LAWS OF MARYLAND
139+ (ii) Is not: 27
141140
142-– 4 –
143-damage to an abandoned or sunken vessel which may occur during removal, storage, or
144-custody of the vessel.
141+ 1. Historic property as defined in § 5A–301 of the State 28
142+Finance and Procurement Article; or 29
143+ 4 SENATE BILL 674
145144
146- (c) (1) Except as provided in subsection (g)(2) of this section, not later than 15
147-days before an abandoned or sunken vessel is seized, removed, or taken into custody under
148-subsection (b) of this section, the Department shall [send]:
149145
150- (I) SEND a notice, by certified mail, return receipt requested,
151-bearing a postmark from the United States Postal Service to the [last known] registered
152-owner of the vessel, as shown on the records of the Department; AND
146+ 2. Submerged archaeological historic property as defined in 1
147+§ 5A–333 of the State Finance and Procurement Article. 2
153148
154- (II) ATTEMPT, BY TELEPHONE OR E –MAIL, TO CONTACT:
149+ (b) (1) The Department may seize, remove, and take into custody any 3
150+abandoned or sunken vessel. 4
155151
156- 1. THE REGISTERED OWNER OF THE VESSEL AT THE
157-TELEPHONE NUMBER OR E–MAIL ADDRESS SHOWN O N THE RECORDS OF THE
158-DEPARTMENT ; AND
152+ (2) For this purpose, the Department may use its own personnel, 5
153+equipment, and facilities or use other persons, equipment, and facilities for removing, 6
154+preserving, or storing abandoned or sunken vessels. 7
159155
160- 2. IF THE APPLICATION FO R A CERTIFICATE OF N UMBER
161-UNDER § 8–712(B) OF THIS SUBTITLE INC LUDES AN ALTERNATE E MERGENCY
162-CONTACT, THE ALTERNATE EMERGENCY C ONTACT.
156+ (3) The Department, or a person removing, preserving, or storing an 8
157+abandoned or sunken vessel on behalf of the Department, may not be held liable for any 9
158+damage to an abandoned or sunken vessel which may occur during removal, storage, or 10
159+custody of the vessel. 11
163160
164- (2) (i) Except as provided in subparagraph (ii) of this paragraph, as
165-soon as reasonably possible but not later than 15 days after the Department takes an
166-abandoned or sunken vessel into custody, the Department shall [send]:
161+ (c) (1) Except as provided in subsection (g)(2) of this section, not later than 15 12
162+days before an abandoned or sunken vessel is seized, removed, or taken into custody under 13
163+subsection (b) of this section, the Department shall [send]: 14
167164
168- 1. SEND a notice, by certified mail, return receipt requested,
169-bearing a postmark from the United States Postal Service to the [last known] registered
170-owner of the vessel and to each known secured party, as shown on the records of the
171-Department; AND
165+ (I) SEND a notice, by certified mail, return receipt requested, 15
166+bearing a postmark from the United States Postal Service to the [last known] registered 16
167+owner of the vessel, as shown on the records of the Department; AND 17
172168
173- 2. ATTEMPT, BY TELEPHONE OR E –MAIL, TO CONTACT:
169+ (II) ATTEMPT, BY TELEPHONE OR E –MAIL, TO CONTACT: 18
174170
175- A. THE REGISTERED OWNER OF THE VESSEL AT THE
176-TELEPHONE NUMBER OR E–MAIL ADDRESS SHOWN O N THE RECORDS OF THE
177-DEPARTMENT ; AND
171+ 1. THE REGISTERED OWNER OF THE VESSEL AT THE 19
172+TELEPHONE NUMBER OR E–MAIL ADDRESS SHOWN O N THE RECORDS OF THE 20
173+DEPARTMENT ; AND 21
178174
179- B. IF THE APPLICATION FO R A CERTIFICATE OF N UMBER
180-UNDER § 8–712(B) OF THIS SUBTITLE INCLUD ES AN ALTERNATE EMER GENCY
181-CONTACT, THE ALTERNATE EMERGE NCY CONTACT .
175+ 2. IF THE APPLICATION FO R A CERTIFICATE OF N UMBER 22
176+UNDER § 8–712(B) OF THIS SUBTITLE INC LUDES AN ALTERNATE E MERGENCY 23
177+CONTACT, THE ALTERNATE EMERGE NCY CONTACT . 24
182178
183- (ii) As soon as reasonably possible but not later than 15 days after
184-the Department takes an abandoned or sunken vessel into custody in accordance with
185-subsection (g)(2) of this section, the Department shall [send]:
186- WES MOORE, Governor Ch. 560
179+ (2) (i) Except as provided in subparagraph (ii) of this paragraph, as 25
180+soon as reasonably possible but not later than 15 days after the Department takes an 26
181+abandoned or sunken vessel into custody, the Department shall [send]: 27
187182
188-– 5 –
189- 1. SEND a notice, by certified mail, return receipt requested,
190-bearing a postmark from the United States Postal Service to the last known registered
191-owner of the vessel and to each known secured party, as shown on the records of the
192-Department; AND
183+ 1. SEND a notice, by certified mail, return receipt requested, 28
184+bearing a postmark from the United States Postal Service to the [last known] registered 29
185+owner of the vessel and to each known secured party, as shown on the records of the 30
186+Department; AND 31
193187
194- 2. ATTEMPT, BY TELEPHONE OR E –MAIL, TO CONTACT:
188+ 2. ATTEMPT, BY TELEPHONE OR E –MAIL, TO CONTACT: 32
189+ SENATE BILL 674 5
195190
196- A. THE REGISTERED OWNER OF THE VESSEL AT THE
197-TELEPHONE NUMBER OR E–MAIL ADDRESS SHOWN O N THE RECORDS OF THE
198-DEPARTMENT ; AND
199191
200- B. IF THE APPLICATION FOR A CE RTIFICATE OF NUMBER
201-UNDER § 8–712(B) OF THIS SUBTITLE INC LUDES AN ALTERNATE E MERGENCY
202-CONTACT, THE ALTERNATE EMERGE NCY CONTACT .
192+ A. THE REGISTERED OWNER OF THE VESSEL AT THE 1
193+TELEPHONE NUMBER OR E–MAIL ADDRESS SHOWN ON THE RECORDS OF TH E 2
194+DEPARTMENT ; AND 3
203195
204- (d) The notices required by subsection (c) of this section shall:
196+ B. IF THE APPLICATION FO R A CERTIFICATE OF N UMBER 4
197+UNDER § 8–712(B) OF THIS SUBTITLE INC LUDES AN ALTERNATE E MERGENCY 5
198+CONTACT, THE ALTERNATE EMERGE NCY CONTACT . 6
205199
206- (1) Describe the vessel;
200+ (ii) As soon as reasonably possible but not later than 15 days after 7
201+the Department takes an abandoned or sunken vessel into custody in accordance with 8
202+subsection (g)(2) of this section, the Department shall [send]: 9
207203
208- (2) If the vessel was taken into custody in accordance with subsection (g)(2)
209-of this section, describe the actual or potential hazard mitigated by removal of the vessel;
204+ 1. SEND a notice, by certified mail, return receipt requested, 10
205+bearing a postmark from the United States Postal Service to the last known registered 11
206+owner of the vessel and to each known secured party, as shown on the records of the 12
207+Department; AND 13
210208
211- (3) Give the location where the vessel is being held;
209+ 2. ATTEMPT, BY TELEPHONE OR E –MAIL, TO CONTACT: 14
212210
213- (4) Inform the owner and secured party of a right to reclaim the vessel
214-within 3 weeks of receipt of the notice required in subsection (c)(2) of this section upon
215-payment to the Department of any expenses incurred during removal and custody of the
216-vessel; and
211+ A. THE REGISTERED OWNER OF THE VESSEL AT THE 15
212+TELEPHONE NUMBER OR E–MAIL ADDRESS SHOWN O N THE RECORDS OF THE 16
213+DEPARTMENT ; AND 17
217214
218- (5) State that failure to claim the vessel will constitute:
215+ B. IF THE APPLICATION FO R A CERTIFICATE OF N UMBER 18
216+UNDER § 8–712(B) OF THIS SUBTITLE INC LUDES AN ALTERNATE E MERGENCY 19
217+CONTACT, THE ALTERNATE EMERGE NCY CONTACT . 20
219218
220- (i) A waiver of all right, title, and interest in the vessel; and
219+ (d) The notices required by subsection (c) of this section shall: 21
221220
222- (ii) A consent to the Department’s disposition of the vessel.
221+ (1) Describe the vessel; 22
223222
224- (e) (1) If the Department is unable to determine the last registered owner or
225-the identity of any secured party of the abandoned or sunken vessel, or if the certified mail
226-notice required under subsection (c) of this section is returned as undeliverable AND
227-TELEPHONE CALLS AND E–MAILS ARE UNANSWERED , UNRETURNED , OR
228-UNDELIVERABLE , the Department shall give the required notice [by]:
223+ (2) If the vessel was taken into custody in accordance with subsection (g)(2) 23
224+of this section, describe the actual or potential hazard mitigated by removal of the vessel; 24
229225
230- (I) BY publication in at least 1 newspaper of general circulation in
231-the area where the abandoned or sunken vessel was found; OR
232- Ch. 560 2024 LAWS OF MARYLAND
226+ (3) Give the location where the vessel is being held; 25
233227
234-– 6 –
235- (II) THROUGH DIGITAL MEDIA , INCLUDING POSTING ON THE
236-DEPARTMENT ’S WEBSITE AND SOCIAL MEDIA PLA TFORMS; OR
228+ (4) Inform the owner and secured party of a right to reclaim the vessel 26
229+within 3 weeks of receipt of the notice required in subsection (c)(2) of this section upon 27
230+payment to the Department of any expenses incurred during removal and custody of the 28
231+vessel; and 29
237232
238- (III) BY ATTACHING TO THE V ESSEL IN A CLEARLY V ISIBLE
239-PLACE A DISTINCTIVEL Y COLORED NOTIFICATI ON STICKER OR TAG TH AT CONTAINS
240-THE FOLLOWING INFORM ATION:
233+ (5) State that failure to claim the vessel will constitute: 30
241234
242- 1. THE DATE AND TIME THE NOTIFICATION WAS
243-AFFIXED TO THE VESSEL;
235+ (i) A waiver of all right, title, and interest in the vessel; and 31
244236
245- 2. A STATEMENT THAT , IN ACCORDANCE WITH T HIS
246-SECTION, IF THE VESSEL IS NOT REMOVED WITHIN 60 DAYS AFTER THE DATE THE
247-NOTIFICATION STICKER OR TAG WAS AFFIXED , THE VESSEL MAY BE SE IZED,
248-REMOVED, TAKEN INTO CUSTODY A ND SOLD AT PUBLIC AU CTION, ACQUIRED BY
249-TITLE UNDER § 8–722 OF THIS SUBTITLE, OR OTHERWISE DISPOSE D OF; AND
237+ (ii) A consent to the Department’s disposition of the vessel. 32 6 SENATE BILL 674
250238
251- 3. THE LOCATION AND TELE PHONE NUMBER WHERE
252-ADDITIONAL INFORMATI ON MAY BE OBTAINED .
253239
254- (2) The notice by publication shall contain the information required under
255-subsection (d) of this section and shall be published within 30 days of the seizure of the
256-abandoned or sunken vessel, or within 15 days of [the]:
257240
258- (I) THE return of the certified mail notice as undeliverable; AND
241+ (e) (1) If the Department is unable to determine the last registered owner or 1
242+the identity of any secured party of the abandoned or sunken vessel, or if the certified mail 2
243+notice required under subsection (c) of this section is returned as undeliverable AND 3
244+TELEPHONE CALLS AND E–MAILS ARE UNANSWERED , UNRETURNED , OR 4
245+UNDELIVERABLE , the Department shall give the required notice [by]: 5
259246
260- (II) THE ATTEMPT , BY TELEPHONE OR E –MAIL, TO CONTACT
261-THE REGISTERED OWNER .
247+ (I) BY publication in at least 1 newspaper of general circulation in 6
248+the area where the abandoned or sunken vessel was found; OR 7
262249
263- (f) If the owner or secured party fails to claim the abandoned or sunken vessel
264-within 3 weeks after the [certified mail] notice REQUIRED UNDER SUBSE CTION (C) OF
265-THIS SECTION or after the notice by publication is given OR WITHIN 60 DAYS AFTER THE
266-NOTICE AUTHORIZED UN DER SUBSECTION (E)(1)(III) OF THIS SECTION , the
267-Department may sell the vessel at public auction, proceed to receive title to the vessel
268-pursuant to § 8–722 of this subtitle, or otherwise dispose of the vessel.
250+ (II) THROUGH DIGITAL MEDIA , INCLUDING POSTING ON THE 8
251+DEPARTMENT ’S WEBSITE AND SOCIAL MEDIA PLATFORMS ; OR 9
269252
270- (g) (1) If the abandoned or sunken vessel is in such a condition of disrepair
271-that the Department cannot remove the vessel intact, the Department may dispose of the
272-vessel in whatever manner is reasonable without providing the notice required under
273-subsections (c) through (e) of this section.
253+ (III) BY ATTACHING TO THE V ESSEL IN A CLEARLY V ISIBLE 10
254+PLACE A DISTINCTIVEL Y COLORED NOTIFICATI ON STICKER OR TAG THAT CONTAINS 11
255+THE FOLLOWING INFORM ATION: 12
274256
275- (2) (i) If the Department determines that an abandoned or sunken
276-vessel poses an immediate hazard or obstruction to navigation, a potential health hazard,
277-or a potential environmental hazard, the Department shall take the vessel into custody
278-without providing the notice required under subsection (c)(1) of this section. WES MOORE, Governor Ch. 560
257+ 1. THE DATE AND TIME THE NOTIFICATION WAS 13
258+AFFIXED TO THE VESSE L; 14
279259
280-– 7 –
260+ 2. A STATEMENT THAT , IN ACCORDANCE WITH T HIS 15
261+SECTION, IF THE VESSEL IS NOT REMOVED WITHIN 60 DAYS AFTER THE DATE THE 16
262+NOTIFICATION STICKE R OR TAG WAS AFFIXED , THE VESSEL MAY BE SE IZED, 17
263+REMOVED, TAKEN INTO CUSTODY A ND SOLD AT PUBLIC AU CTION, ACQUIRED BY 18
264+TITLE UNDER § 8–722 OF THIS SUBTITLE, OR OTHERWISE DISPOSE D OF; AND 19
281265
282- (ii) The Department shall keep a written record of a determination
283-made under this paragraph, including the actual or potential hazards mitigated by removal
284-of the vessel.
266+ 3. THE LOCATION AND TELE PHONE NUMBER WHERE 20
267+ADDITIONAL INFORMATI ON MAY BE OBTAINED . 21
285268
286- (h) The Department may delegate the Department’s authority to remove and
287-dispose of abandoned or sunken vessels under this section to any local jurisdiction that
288-consents to the delegation.
269+ (2) The notice by publication shall contain the information required under 22
270+subsection (d) of this section and shall be published within 30 days of the seizure of the 23
271+abandoned or sunken vessel, or within 15 days of [the]: 24
289272
290- (i) The Department, in consultation with the Director of the Maryland Historical
291-Trust, may adopt regulations to implement this section.
273+ (I) THE return of the certified mail notice as undeliverable; AND 25
292274
293- (j) The Department may not use funds budgeted for the Natural Resources Police
294-for the purpose of removing or storing abandoned or sunken vessels under this section.
275+ (II) THE ATTEMPT , BY TELEPHONE OR E –MAIL, TO CONTACT 26
276+THE REGISTERED OWNER . 27
295277
296-8–721.2.
278+ (f) If the owner or secured party fails to claim the abandoned or sunken vessel 28
279+within 3 weeks after the [certified mail] notice REQUIRED UNDER SUBSE CTION (C) OF 29
280+THIS SECTION or after the notice by publication is given OR WITHIN 60 DAYS AFTER THE 30
281+NOTICE AUTHORIZED UN DER SUBSECTION (E)(1)(III) OF THIS SECTION , the 31
282+Department may sell the vessel at public auction, proceed to receive title to the vessel 32
283+pursuant to § 8–722 of this subtitle, or otherwise dispose of the vessel. 33
284+ SENATE BILL 674 7
297285
298- (A) THE DEPARTMENT MAY ESTABL ISH AND ADMINISTER A VOLUNTARY
299-VESSEL TURN–IN PROGRAM THAT ALLO WS THE OWNER OF A VE SSEL DETERMINED
300-BY THE DEPARTMENT TO BE AT R ISK OF BECOMING AN A BANDONED OR SUNKEN
301-VESSEL, AS DEFINED IN § 8–721 OF THIS SUBTITLE, TO TURN THE VESSEL I N TO THE
302-DEPARTMENT TO BE DEST ROYED.
303286
304- (B) TO APPLY TO PARTICIPA TE IN A PROGRAM AUTH ORIZED UNDER THIS
305-SECTION, A VESSEL OWNER SHALL SUBMIT TO THE DEPARTMENT AN APPLICA TION
306-IN THE FORM THAT THE DEPARTMENT REQUIRES .
287+ (g) (1) If the abandoned or sunken vessel is in such a condition of disrepair 1
288+that the Department cannot remove the vessel intact, the Department may dispose of the 2
289+vessel in whatever manner is reasonable without providing the notice required under 3
290+subsections (c) through (e) of this section. 4
307291
308- (C) IN ORDER TO PARTICIPA TE IN A PROGRAM AUTH ORIZED UNDER THIS
309-SECTION, THE OWNER OF A VESSE L SHALL DEMONSTRATE TO THE SATISFACTION OF
310-THE DEPARTMENT THAT : THE APPLICANT IS THE OWNER OF THE VESSEL AND A
311-RESIDENT OF THE STATE.
292+ (2) (i) If the Department determines that an abandoned or sunken 5
293+vessel poses an immediate hazard or obstruction to navigation, a potential health hazard, 6
294+or a potential environmental hazard, the Department shall take the vessel into custody 7
295+without providing the notice required under subsection (c)(1) of this section. 8
312296
313- (1) THE APPLICANT IS THE OWNER OF THE VESSEL;
297+ (ii) The Department shall keep a written record of a determination 9
298+made under this paragraph, including the actual or potential hazards mitigated by removal 10
299+of the vessel. 11
314300
315- (2) THE APPLICANT IS A RE SIDENT OF THE STATE; AND
301+ (h) The Department may delegate the Department’s authority to remove and 12
302+dispose of abandoned or sunken vessels under this section to any local jurisdiction that 13
303+consents to the delegation. 14
316304
317- (3) THE VESSEL IS AT RISK OF BECOMING AN ABAND ONED OR SUNKEN
318-VESSEL.
305+ (i) The Department, in consultation with the Director of the Maryland Historical 15
306+Trust, may adopt regulations to implement this section. 16
319307
320- (D) THE DEPARTMENT MAY DETERM INE THAT A VESSEL IS AT RISK OF
321-BECOMING AN ABANDONE D OR SUNKEN VESSEL , AS DEFINED IN § 8–721 OF THIS
322-SUBTITLE, IF ANY OF THE FOLLOW ING CONDITIONS EXIST :
308+ (j) The Department may not use funds budgeted for the Natural Resources Police 17
309+for the purpose of removing or storing abandoned or sunken vessels under this section. 18
323310
324- (1) THE VESSEL IS TAKING ON OR HAS TAKEN ON W ATER WITHOUT AN
325-EFFECTIVE MEANS TO D RAIN OR EMPTY THE WA TER; Ch. 560 2024 LAWS OF MARYLAND
311+8–721.2. 19
326312
327-– 8 –
313+ (A) THE DEPARTMENT MAY ESTABL ISH AND ADMINISTER A VOLUNTARY 20
314+VESSEL TURN–IN PROGRAM THAT ALLO WS THE OWNER OF A VE SSEL DETERMINED 21
315+BY THE DEPARTMENT TO BE AT R ISK OF BECOMING AN A BANDONED OR SUNKEN 22
316+VESSEL, AS DEFINED IN § 8–721 OF THIS SUBTITLE, TO TURN THE VESSEL I N TO THE 23
317+DEPARTMENT TO BE DEST ROYED. 24
328318
329- (2) SPACES ON THE VESSEL THAT ARE DESIGNED TO BE ENCLOSED
330-ARE INCAPABLE OF BEING SEALED OFF OR REMAIN OPEN TO THE E LEMENTS FOR
331-EXTENDED PERIODS OF TIME;
319+ (B) TO APPLY TO PARTICIPA TE IN A PROGRAM AUTH ORIZED UNDER THIS 25
320+SECTION, A VESSEL OWNER SHALL SUBMIT T O THE DEPARTMENT AN APPLICA TION 26
321+IN THE FORM THAT THE DEPARTMENT REQUIRES . 27
332322
333- (3) THE VESSEL HAS BROKEN FROM OR IS IN DANGER OF BREAKING
334-LOOSE FROM ITS ANCHO R; OR
323+ (C) IN ORDER TO PARTICIPA TE IN A PROGRAM AUTH ORIZED UNDER THIS 28
324+SECTION, THE OWNER OF A VESSE L SHALL DEMONSTRATE TO THE SATISFACTION OF 29
325+THE DEPARTMENT THAT : THE APPLICANT IS THE OWN ER OF THE VESSEL AND A 30
326+RESIDENT OF THE STATE. 31
335327
336- (4) THE VESSEL IS TIED IN AN UNLAWFUL OR UNPER MITTED MANNER
337-TO A STRUCTURE OR MO ORING.
328+ (1) THE APPLICANT IS THE OWNER OF THE VESSEL ; 32
338329
339- (D) IN EVALUATING WHETHER A VESSEL IS ELIGIBLE FOR THE PROGRAM ,
340-THE DEPARTMENT SHALL PRIO RITIZE, IN ORDER OF PRIORITY , THE FOLLOWING
341-VESSELS:
330+ (2) THE APPLICANT IS A RE SIDENT OF THE STATE; AND 33
331+ 8 SENATE BILL 674
342332
343- (1) A VESSEL THAT IS ABAND ONED OR SUNKEN AS DE FINED IN §
344-8–721 OF THIS SUBTITLE ;
345333
346- (2) A VESSEL THAT IS AT RISK OF BECOMING ABA NDONED OR SUNKEN
347-IF:
334+ (3) THE VESSEL IS AT RISK OF BECOMING AN ABAND ONED OR SUNKEN 1
335+VESSEL. 2
348336
349- (I) THE VESSEL IS TAKING ON OR HAS TAKEN ON W ATER
350-WITHOUT AN EFFECTIVE MEANS TO DRAIN OR EM PTY THE WATER ;
337+ (D) THE DEPARTMENT MAY DETERM INE THAT A VESSEL IS AT RISK OF 3
338+BECOMING AN ABANDONE D OR SUNKEN VESSEL , AS DEFINED IN § 8–721 OF THIS 4
339+SUBTITLE, IF ANY OF THE FOLLOW ING CONDITIONS EXIST : 5
351340
352- (II) SPACES ON THE VESSEL THAT ARE DESIGNED TO BE
353-ENCLOSED ARE INCAPAB LE OF BEING SEALED O FF OR REMAI N OPEN TO THE
354-ELEMENTS FOR EXTENDE D PERIODS OF TIME ; OR
341+ (1) THE VESSEL IS TAKING ON OR HAS TAKEN ON W ATER WITHOUT AN 6
342+EFFECTIVE MEANS T O DRAIN OR EMPTY THE WATER; 7
355343
356- (III) THE VESSEL HAS BROKEN FROM OR IS IN DANGER OF
357-BREAKING LOOSE FROM ITS ANCHOR; AND
344+ (2) SPACES ON THE VESSEL THAT ARE DESIGNED TO BE ENCLOSED 8
345+ARE INCAPABLE OF BEI NG SEALED OFF OR REM AIN OPEN TO THE ELEM ENTS FOR 9
346+EXTENDED PERIODS OF TIME; 10
358347
359- (3) ANY OTHER VESSEL THE DEPARTMENT DETERMINES IS ELIGIBLE
360-FOR PARTICIPATION IN THE PROGRAM .
348+ (3) THE VESSEL HAS BROKEN FROM OR IS IN DANGER OF BREAKING 11
349+LOOSE FROM ITS ANCHOR; OR 12
361350
362- (E) THE DEPARTMENT , IN ITS SOLE DISCRETI ON, MAY DETERMINE
363-ELIGIBILITY FOR PART ICIPATION IN A PROGR AM AUTHORIZED UNDER THIS
364-SECTION.
351+ (4) THE VESSEL IS TIED IN AN UNLAWFUL OR UNPER MITTED MANNER 13
352+TO A STRUCTURE OR MO ORING. 14
365353
366- (F) THE DEPARTMENT , OR A PERSON REMOVING , TOWING, STORING, OR
367-DISPOSING OF A VESSE L THAT IS ACCEPTED I NTO A PROGRAM AUTHOR IZED UNDER
368-THIS SECTION ON BEHA LF OF THE DEPARTMENT , MAY NOT BE HELD LIAB LE FOR
369-ANY DAMAGE TO THE VE SSEL WHICH MAY OCCUR DURING REMOVAL , STORAGE, OR
370-CUSTODY OF THE VESSE L. WES MOORE, Governor Ch. 560
354+ (D) IN EVALUATING WHETHER A VESSEL IS ELIGIBLE FOR THE PROGRAM , 15
355+THE DEPARTMENT SHALL PRIO RITIZE, IN ORDER OF PRIORITY , THE FOLLOWING 16
356+VESSELS: 17
371357
372-– 9 –
358+ (1) A VESSEL THAT IS ABAND ONED OR SUNKEN AS DE FINED IN § 18
359+8–721 OF THIS SUBTITLE ; 19
373360
374- (G) IF THE DEPARTMENT ESTABLISHE S A PROGRAM AUTHORIZ ED UNDER
375-THIS SECTION, THE DEPARTMENT SHALL ADOPT REGULATI ONS TO IMPLEMENT AND
376-CARRY OUT THE PROVIS IONS OF THIS SECTION .
361+ (2) A VESSEL THAT IS AT RI SK OF BECOMING ABAND ONED OR SUNKEN 20
362+IF: 21
377363
378- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
379-1, 2024.
364+ (I) THE VESSEL IS TAKING ON OR HAS TAKEN ON W ATER 22
365+WITHOUT AN EFFECTIVE MEANS TO DRAIN OR EM PTY THE WATER ; 23
380366
381-Approved by the Governor, May 9, 2024.
367+ (II) SPACES ON THE VESSEL THAT ARE DESIGNED TO BE 24
368+ENCLOSED ARE INCAPAB LE OF BEING SEALED O FF OR REMAIN OPEN TO THE 25
369+ELEMENTS FOR EXTENDE D PERIODS OF TIME ; OR 26
370+
371+ (III) THE VESSEL HAS BROKEN FROM OR IS IN DANGER OF 27
372+BREAKING LOOSE FROM ITS ANCHOR; AND 28
373+
374+ (3) ANY OTHER VESSEL THE DEPARTMENT DETERMINES IS ELIGIBLE 29
375+FOR PARTICIPATION IN THE PROGRAM . 30
376+ SENATE BILL 674 9
377+
378+
379+ (E) THE DEPARTMENT , IN ITS SOLE DISCRETI ON, MAY DETERMINE 1
380+ELIGIBILITY FOR PART ICIPATION IN A PROGR AM AUTHORIZED UNDER THIS 2
381+SECTION. 3
382+
383+ (F) THE DEPARTMENT , OR A PERSON REMOVING , TOWING, STORING, OR 4
384+DISPOSING OF A VESSE L THAT IS ACCEPTED I NTO A PROGRAM AUTHOR IZED UNDER 5
385+THIS SECTION ON BEHA LF OF THE DEPARTMENT , MAY NOT BE HELD LIAB LE FOR 6
386+ANY DAMAGE TO THE VE SSEL WHICH MAY OCCUR DURING REMOVAL , STORAGE, OR 7
387+CUSTODY OF THE VESSEL. 8
388+
389+ (G) IF THE DEPARTMENT ESTABLISHE S A PROGRAM AUTHORIZ ED UNDER 9
390+THIS SECTION, THE DEPARTMENT SHALL ADOP T REGULATIONS TO IMP LEMENT AND 10
391+CARRY OUT THE PROVIS IONS OF THIS SECTION . 11
392+
393+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take eff ect July 12
394+1, 2024. 13
395+
396+
397+
398+
399+Approved:
400+________________________________________________________________________________
401+ Governor.
402+________________________________________________________________________________
403+ President of the Senate.
404+________________________________________________________________________________
405+ Speaker of the House of Delegates.