REPORT TITLE:
Abandoned Vessels

DESCRIPTION:
Allows a private marina or club to take into custody and dispose
of vessels abandoned on their premises.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1087
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ABANDONED VESSELS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 200, Hawaii Revised Statutes, is amended
 
 2 by amending the title of part IV to read as follows:
 
 3   "PART IV.  VESSELS ABANDONED ON BUSINESS PREMISES OF PERSONS
 
 4   ENGAGED IN REPAIR BUSINESS, PRIVATE MARINAS, AND YACHT CLUBS"
 
 5      SECTION 2.  Section 200-51, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "[[]200-51[]]  Disposition of vessels by persons in vessel
 
 8 repair business[.], private marinas, or yacht clubs.  When any
 
 9 person abandons a vessel upon the premises of a vessel repair
 
10 business, a private marina, or a yacht club, the owner of the
 
11 business or private marina, or the owner's representative, or the
 
12 designated representative of the yacht club, may sell or dispose
 
13 of the vessel in accord with this part."
 
14      SECTION 3.  Section 200-52, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "[[]200-52[]]  When vessel deemed abandoned.  A vessel
 
17 shall be deemed to be abandoned upon satisfaction of all the
 
18 following conditions:
 
19      (1)  The service requested or required by a person whose
 

 
Page 2                                                     1087
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           vessel is navigated, towed, or brought to a vessel
 
 2           repair business, private marina, or yacht club, such as
 
 3           mooring, storage, towing, and rendering estimates of
 
 4           the cost of repairs, has been performed;
 
 5      (2)  No authorization is given to perform any further
 
 6           service respecting the vessel, or to allow mooring, or
 
 7           storage, but the vessel is left on the repair business,
 
 8           private marina, or yacht club premises;
 
 9      (3)  The owner of the repair business or private marina, or
 
10           the owner's authorized representative, or the
 
11           designated representative of the yacht club, has given
 
12           notice by registered or certified mail, to the
 
13           registered owner of the vessel at the address on record
 
14           at the vessel repair business, private marina, or yacht
 
15           club, and the address on record [in] at the department
 
16           or United States Coast Guard, and to any person with a
 
17           recorded interest in the vessel stating that, if the
 
18           vessel is not repossessed within thirty days after the
 
19           mailing of the notice, it will be sold or disposed of.
 
20           The notice also shall contain a description of the
 
21           vessel and its location.  The notice need not be sent
 
22           to an owner or any person with an unrecorded interest
 
23           in the vessel whose name or address cannot be
 

 
Page 3                                                     1087
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           determined[;] and, absent evidence to the contrary, a
 
 2           notice shall be deemed received by the legal or
 
 3           registered owner five calendar days after the mailing;
 
 4           and
 
 5      (4)  The vessel is not repossessed within the thirty-day
 
 6           period."
 
 7      SECTION 4.  Section 200-53, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "[[]200-53[]]  Sale or disposition of vessel.  When a
 
10 vessel is abandoned, the owner of the vessel repair business, or
 
11 private marina, or the owner's authorized representative, or the
 
12 designated representative of the yacht club, after one public
 
13 advertisement in a newspaper of general circulation in the State,
 
14 may negotiate a sale of the vessel or dispose of it; provided
 
15 that the vessel shall not be sold or disposed of less than five
 
16 calendar days after the publication of the advertisement."
 
17      SECTION 5.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 6.  This Act shall take effect upon its approval.