Report Title:
Ocean Vessels in Distress; Removal from State Waters
Description:
Requires DLNR to remove vessels in distress from state waters within twenty-four hours of obtaining the owner's written authorization.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2671 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to ocean vessels.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 200-49, Hawaii Revised Statutes, is amended to read as follows:
"§200-49 Disposition of derelict vessel[.] or vessel in distress. (a) The chairperson may cause a derelict vessel to be immediately taken into custody. Upon taking custody of a derelict vessel, the department, as soon as reasonably possible shall:
(1) Give public notice of intended disposition and procedure for requesting an administrative hearing;
(2) When possible, post a notice of intended disposition and procedure for requesting an administrative hearing on the vessel; and
(3) Serve a duplicate original of the notice of intended disposition and procedure for requesting an administrative hearing by certified mail, return receipt requested on:
(A) The registered or documented owner of the vessel, if known, at the owner's last known address on record with the department or the United States Coast Guard;
(B) All lien holders who have properly filed a financing statement, referencing the name of the registered or documented owner, in the bureau of conveyances or who are shown on the records of the department or the United States Coast Guard; and
(C) Any operator of the vessel on record with the department or the United States Coast Guard.
(b) The owner, lien holder, or operator of [the] a derelict vessel shall have ten days after the date of the public notice or receipt of the mailed notice[,] pursuant to subsection (a), whichever occurs later, to request in writing an administrative hearing. This administrative hearing is solely for the purpose of allowing the owner, lien holder, or operator of an impounded vessel to contest the basis given by the department for the impoundment of the vessel. The hearing [must] shall be held within five working days of the department's receipt of the written request.
(c) [If the] Any derelict vessel [is] not repossessed within twenty days after the date of the public notice or mailing of the notice, whichever occurs later, [the vessel] may be disposed of by negotiated sale except that, when two or more purchasers indicate an interest in purchasing the vessel, the vessel [will] shall be sold at public auction to the highest bidder, unless the vessel is exempt from public auction under section 200-45. If no purchaser expresses a desire to purchase the vessel, the vessel may be destroyed or donated to any governmental agency.
(d) Within twenty-four hours of obtaining the written authorization of the owner of any vessel that is within ocean waters and:
(1) Sunk or in immediate danger of sinking;
(2) Obstructing a waterway; or
(3) Endangering life or property,
the chairperson shall take into custody and dispose of the vessel by public auction or otherwise in accordance with the procedures set forth in this part for the disposition of abandoned vessels."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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