House Bill 115 (AS PASSED HOUSE AND SENATE)
By: Representatives Petrea of the 166th, Stephens of the 164th, Franklin of the 160th,
Townsend of the 179th, DeLoach of the 167th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to
registration, operation, and sale of watercraft, so as to provide for certain notice upon
registration of a vessel with the Department of Natural Resources; to provide for
performance of unattended vessel checks; to revise procedures for notice to owners of
abandoned vessels; to revise procedures for removal of abandoned vessels; to provide for
penalties for failure to remove an abandoned vessel from public waters or public property;
to establish a criminal violation for failure to retrieve an abandoned vessel from public waters
or public property after receipt of notice; to provide for an exception; to authorize restitution
to the Department of Natural Resources for the cost of removal, storage, and disposal of
abandoned vessels; to provide for definitions; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration,
operation, and sale of watercraft, is amended in Code Section 52-7-5, relating to numbering
of vessels, requirements, and fees, by adding a new subsection to read as follows:
<ins>"(d.1) The application for registration of vessels pursuant to this Code section shall include
a statement informing the applicant of the criminal consequences for failure to remove an
abandoned vessel from public waters of this state or public property pursuant to
subsection (d) of Code Section 52-7-72.1."
</ins> SECTION 2.
Said chapter is further amended in Code Section 52-7-70, relating to definitions relative to
abandoned vessels, by adding a new paragraph to read as follows:
<ins>"(2.1) 'Public waters' means any waters within the territorial limits of this state and the
marginal sea adjacent to this state and the high seas when navigated as a part of a journey
or ride to or from the shore of this state. Such term shall not include privately owned
ponds or lakes not open to the public."
</ins> SECTION 3.
Said chapter is further amended by adding a new Code section to read as follows:
<ins>"52-7-70.1.
(a) Any law enforcement officer or individual authorized by the Department of Natural
Resources who discovers a vessel on public property or in public waters that has been left
unattended shall immediately perform an unattended vessel check on such vessel, unless
an unattended vessel check card is displayed on such vessel indicating that such check has
been previously performed. For purposes of this Code section, the term 'unattended vessel
check' means and consists of such actions as are reasonably necessary to determine that the
unattended vessel does not contain an injured or incapacitated person and to determine that
the unattended vessel does not pose a threat to public health or safety.
(b) Any law enforcement officer or individual authorized by the Department of Natural
Resources who completes an unattended vessel check shall attach the completed
unattended vessel check card to the vessel. Unattended vessel check cards shall be in such
</ins>
<ins>form and shall be attached to vessels in such manner as determined by the Department of
Natural Resources.
(c) It shall be unlawful for any person other than a law enforcement officer or individual
authorized by the Department of Natural Resources to attach any object purporting to be
an unattended vessel check card to a vessel. Any person convicted of violating this
subsection shall be guilty of a misdemeanor.
(d) Within 24 hours of completing an unattended vessel check or discovering an
unattended vessel which displays an unattended vessel check card issued by a law
enforcement officer or individual authorized by the Department of Natural Resources, a
law enforcement officer shall query the criminal justice information system to determine
if the unattended vessel has been entered into such system as a stolen vessel. If the
unattended vessel has been reported as stolen, the law enforcement officer shall notify the
Department of Natural Resources and the law enforcement agency that filed such report,
providing the location of the vessel. The law enforcement agency receiving such
notification shall then notify the owner of the vessel of the location of the vessel.
(e) Failure of a law enforcement officer or the Department of Natural Resources to comply
with any provision of this Code section shall not limit the remedies available to any person
pursuant to this article."
</ins> SECTION 4.
Said chapter is further amended by revising Code Section 52-7-71, relating to removal and
storage of vessels and procedure, as follows:
"52-7-71.
(a) Any person <del>who</del> <ins>that</ins> removes a vessel from public property or public water at the
request of a law enforcement officer or stores such vessel shall, if the owner of the vessel
is unknown, seek the identity of and address of the <del>last known registered</del> owner of such
vessel from the <del>law enforcement officer requesting removal of such vessel or such officer's
</del>
<del>agency</del> <ins>Department of Natural Resources</ins> within 72 hours of removal. <ins>If a person removing
or storing the vessel has knowledge of facts which reasonably indicate that the vessel is
registered or titled in a certain other state, such person shall check the vessel records of that
other state in the attempt to ascertain the identity of the owner of the vessel.
</ins> (b)(1) Any person <del>who</del> <ins>that</ins> removes a vessel from private property or private waters at
the request of the property owner or stores such vessel shall, if the owner of the vessel is
unknown, <del>notify in writing a local law enforcement agency of the location of the vessel,
the vessel certificate of number, and the hull identification number, model, year, and
make of the vessel, if known or if readily ascertainable, within 72 hours of the removal
of such vessel and shall seek from the local law enforcement agency</del> <ins>seek</ins> the identity <ins>of
</ins> and address of the <del>last known registered</del> owner of such vessel <del>and any information
indicating that such vessel is a stolen vessel</del> <ins>from the Department of Natural Resources
within 72 hours of removal. If a person removing or storing the vessel has knowledge
of facts which reasonably indicate that the vessel is registered or titled in a certain other
state, such person shall check the vessel records of that other state in the attempt to
ascertain the identity of the owner of the vessel.
(2) Any person that removes a vessel pursuant to this subsection shall submit notification
of the removal by hand delivery, electronic transmission, or telephonic facsimile
transmission to the law enforcement agency with jurisdiction over the location from
where the vessel was removed no later than one day after submission of the request
required by paragraph (1) of this subsection. Within 24 hours of receipt of such
notification of removal of a vessel from private property, the local law enforcement
agency shall query the criminal justice information system to determine if such vessel has
been entered into the criminal justice information system as a stolen vessel. If the vessel
has been reported as stolen, the local law enforcement agency shall notify the law
enforcement agency that filed such report, providing the name and address of the person
who submitted the notice of removal. The law enforcement agency receiving such
</ins>
<ins>notification shall then notify the person who filed the police report for the stolen vessel
of the location of such vessel and the contact information for the person that removed the
vessel.
</ins> (c) <ins>The Department of Natural Resources may charge a fee of no more than $2.00 for any
information requested pursuant to this Code section. Such department shall furnish the
requested owner information no later than five days from the date the request was received
or when the information is made available.</ins> <del>If any vessel removed under conditions set
forth in subsection (a) or (b) of this Code section is determined to be a stolen vessel, the
local law enforcement officer or agency shall notify the Georgia Crime Information Center
and the owner, if known, of the location of such vessel within 72 hours after receiving
notice that such vessel is a stolen vessel.
</del> (d) If any vessel removed under conditions set forth in subsection (a) or (b) of this Code
section is determined not to be a stolen vessel or is not a vessel being repaired by a repair
facility or is not being stored by an insurance company providing insurance to cover
damages to the vessel, the person removing or storing such vessel shall, <del>within seven
calendar days of the day such vessel was removed, notify the owner, if known, by:
</del> <ins>(1) By</ins> certified or registered mail or statutory overnight delivery <ins>within seven calendar
days of removal, notify the owner</ins> of the location of such vessel, the fees connected with
removal and storage of such vessel, <del>and</del> the fact that such vessel will be deemed
abandoned under this article unless the owner redeems such vessel within 30 days of the
date <del>such vessel was removed</del> <ins>of its removal, the fact that the person removing or storing
the vessel has the right to petition the court to foreclose a lien for all amounts owed, and
the fact that a court may order the sale of the vessel to satisfy such debt; or
(2) By advertisement in a newspaper of general circulation in the county from where the
vessel was removed or, if there is no newspaper in such county, at the county courthouse
in such place where other public notices are posted, when an owner cannot be
ascertained. Such advertisement shall run in the newspaper once a week for two
</ins>
<ins>consecutive weeks or shall remain posted at the courthouse for two consecutive weeks.
The advertisement shall contain a complete description of the vessel, its certificate of
number and hull identification number, the location from where such vessel was initially
removed, the present location of such vessel, the fact that if such vessel is not redeemed
within 30 days of its removal such vessel shall be deemed abandoned, the fact that the
person removing or storing the vessel has the right to petition the court to foreclose a lien
for all amounts owed, and the fact that a court may order the sale of the vessel to satisfy
such debt.
</ins> (e) If <del>the person identified as the</del> <ins>an</ins> owner fails to redeem such vessel as described in
subsection (d) of this Code section, or if a vessel being repaired by a repair facility or being
stored by an insurance company providing insurance to cover damages to the vessel
becomes abandoned, the person removing or storing such vessel shall, within seven
calendar days of the day such vessel became an abandoned vessel, give notice in writing,
by sworn statement, to the Department of Natural Resources stating the vessel certificate
of number, the hull identification number, the fact that such vessel is an abandoned vessel,
the model, year, and make of the vessel, if known or if readily ascertainable, the date the
vessel became an abandoned vessel, the date the vessel was removed, and the present
location of such vessel and requesting the name and address of all owners, lessors, lessees,
security interest holders, and lienholders of such vessel. If a person removing or storing
the vessel has knowledge of facts which reasonably indicate that the vessel is registered or
titled in a certain other state, such person shall check the vessel records of that other state
in the attempt to ascertain the identity of the owner of the vessel.
(e.1)(f)(1)(A) Upon notice to the Department of Natural Resources as described in
subsection (e) of this Code section, then the commissioner may revoke, suspend, deny,
or refuse to renew any vessel certificate of number or commercial fishing boat license
required by this title or Title 27 which is held by or has been applied for by the <del>person
</del> <ins>owner who holds the current registration for such vessel,</ins> until all fees connected with
removal and storage of the vessel have been paid and any lien acquired under Code
Section 52-7-73 for such fees has been satisfied. <ins>Such owner</ins> <del>The person</del> shall be
notified of the proposed order for revocation, suspension, denial, or nonrenewal
personally or by a letter sent by certified mail or statutory overnight delivery to the
name and address indicated on the application for the certificate of number or license,
or both. The proposed order for revocation, suspension, denial, or nonrenewal shall
become final 30 days after issuance if not appealed as provided in this paragraph.
(B) Any person whose vessel certificate of number or commercial fishing boat license
is proposed for revocation, suspension, denial, or nonrenewal under this paragraph shall
have the right to enter an appeal in the superior court of the county of his or her
residence or in the Superior Court of Fulton County. Such appeal shall name the
commissioner as defendant and <del>must</del> <ins>shall</ins> be filed within 30 days from the date the
notice of the proposed order was sent. The person filing the appeal shall neither be
required to post any bond nor to pay the costs in advance. If the person so desires, the
appeal may be heard by the judge at term or in chambers or by a jury at the first term.
The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of
any orders or acts of the department.
(2)(A) Upon notice to the Department of Natural Resources as described in
subsection (e) of this Code section and delivery of a copy of such notice to the state
revenue commissioner, then the state revenue commissioner may revoke, suspend,
deny, or refuse to renew any motor vehicle registration required by Title 40 which is
held by or has been applied for by the <del>person</del> <ins>owner who holds the current registration
for such vessel,</ins> until all fees connected with removal and storage of the vessel have
been paid and any lien acquired under Code Section 52-7-73 for such fees has been
satisfied. <ins>Such owner</ins> <del>The person</del> shall be notified of the proposed order for revocation,
suspension, denial, or nonrenewal personally or by a letter sent by certified mail or
statutory overnight delivery to the name and address indicated on the application for the
registration. The proposed order for revocation, suspension, denial, or nonrenewal shall
become final 30 days after issuance if not appealed as provided in this paragraph.
(B) Any person whose motor vehicle registration is proposed for revocation,
suspension, denial, or nonrenewal under this paragraph shall have the right to enter an
appeal in the superior court of the county of his or her residence or in the Superior
Court of Fulton County. Such appeal shall name the state revenue commissioner as
defendant and <del>must</del> <ins>shall</ins> be filed within 30 days from the date the notice of the
proposed order was sent. The person filing the appeal shall neither be required to post
any bond nor to pay the costs in advance. If the person so desires, the appeal may be
heard by the judge at term or in chambers or by a jury at the first term. The hearing on
the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or
acts of the department.
<del>(f) Upon ascertaining the owner of such vessel, the person removing or storing such vessel
shall, within five calendar days, by certified or registered mail or statutory overnight
delivery, notify the owner, lessors, lessees, security interest holders, and lienholders of the
vessel of the location of such vessel and of the fact that such vessel is deemed abandoned
and shall be disposed of if not redeemed.
(g) If the identity of the owner of such vessel cannot be ascertained, the person removing
or storing such vessel shall place an advertisement in a newspaper of general circulation
in the county where such vessel was obtained or, if there is no newspaper in such county,
shall post such advertisement at the county courthouse in such place where other public
notices are posted. Such advertisement shall run in the newspaper once a week for two
consecutive weeks or shall remain posted at the courthouse for two consecutive weeks.
The advertisement shall contain a complete description of the vessel, its certificate of
number and hull identification number, the location from where such vessel was initially
removed, the present location of such vessel, and the fact that such vessel is deemed
abandoned and shall be disposed of if not redeemed.
</del>
<del>(h) Reserved.
</del> <ins>(i)(g)</ins> Any person storing a vessel under the provisions of this Code section shall notify the
Department of Natural Resources if the vessel is recovered, is claimed by the owner, is
determined to be stolen, or is for any reason no longer an abandoned vessel. Such notice
shall be provided within seven calendar days of such event.
<ins>(j)(h)</ins> If vessel information on the abandoned vessel is not in the files of the Department
of Natural Resources, the department may require such other information or confirmation
as it determines is necessary or appropriate to determine the identity of the vessel.
<del>(k)(i)</del> Any person who does not provide the notice and information required by this Code
section shall not be entitled to any storage fees.
<del>(l)(j)</del> Any person who knowingly provides false or misleading information when providing
any notice or information as required by this Code section shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished as for a misdemeanor."
SECTION 5.
Said chapter is further amended by revising Code Section 52-7-72, relating to authority of
peace officer to cause removal of unattended vessels, notifications, and duties, as follows:
"52-7-72.
(a) Any <del>peace</del> <ins>law enforcement</ins> officer who finds a vessel which has been left unattended
in or upon any public waters or other public property for a period of at least five days, <del>if
such peace officer reasonably believes that the person who left such vessel unattended does
not intend to return and remove such vessel, shall notify the Department of Natural
Resources of such finding in accordance with subsection (d) of this Code section and</del> <ins>as
evidenced by the date of issuance on the unattended vessel check card attached to such
vessel pursuant to Code Section 52-7-70.1,</ins> may cause such vessel to be removed to a
garage or other place of safety.
(b)(1) Any <del>peace</del> <ins>law enforcement</ins> officer who finds a vessel which has been left
unattended in or upon any public waters or other public property, when such vessel poses
a threat to public health or safety, <del>shall notify the Department of Natural Resources of
such finding in accordance with subsection (d) of this Code section and</del> may immediately
cause such vessel to be removed to a garage or other place of safety.
<ins>(2) Within 24 hours of causing an unattended vessel to be removed pursuant to
paragraph (1) of this subsection, the law enforcement officer causing such removal shall
query the criminal justice information system to determine if the unattended vessel has
been entered into the criminal justice information system as a stolen vessel. If the
removed vessel has been reported as stolen, the law enforcement officer shall notify the
law enforcement agency that filed such report, providing the location of the vessel or the
name of the person that removed the vessel. The law enforcement agency receiving such
notification shall then notify the person who filed the police report for the stolen vessel
of the location of the vessel.
</ins> (c) Any <del>peace</del> <ins>law enforcement</ins> officer who, under the provisions of this Code section,
causes any vessel to be removed to a garage or other place of safety shall be liable for gross
negligence only.
(d)(1) Any <del>peace</del> <ins>law enforcement</ins> officer who finds a vessel under such conditions as
described in subsection (a) or (b) of this Code section shall within 72 hours from the time
of such finding:
<del>(A) Notify</del> <ins>notify</ins> the Department of Natural Resources of the description of the vessel,
whether the vessel has been removed or not, and, if removed, the location to which such
vessel has been removed; <del>and.
(B) If available on the Georgia Crime Information Center Network, determine the
name and address of the last known registered owner of such vessel.</del> If vessel
information is not in the files of the Department of Natural Resources, the department
may require such other information or confirmation as it determines is necessary or
appropriate to determine the identity of the vessel.
<del>(2) If any such vessel is determined to be a stolen vessel, the local law enforcement
officer or agency shall notify the Georgia Crime Information Center and the owner, if
known, of the location of such vessel within 72 hours after receiving notice that such
vessel is a stolen vessel.
(3) If the vessel is removed and the name and address of the last known registered owner
of the vessel is obtained from the Georgia Crime Information Center, the peace officer
who causes the vessel to be removed shall, within three calendar days of removal, make
available to the person removing such vessel the name and address of the last known
registered owner of such vessel. If such information is not available, the peace officer
shall, within three calendar days of removal, notify the person removing or storing such
vessel of such fact."
</del> SECTION 6.
Said chapter is further amended by revising Code Section 52-7-72.1, relating to penalty for
failing to remove unattended vessel, as follows:
"52-7-72.1.
(a)(1) If any vessel for which the Department of Natural Resources <del>and the Georgia
Crime Information Center have</del> <ins>has</ins> received notice pursuant to subsection (d) of Code
Section 52-7-72 has not been removed and is determined not to be a stolen vessel, the
<del>commissioner may proceed to take action against the owner as provided by</del> <ins>provisions
of</ins> this Code section <ins>shall apply.
</ins> (2) If any vessel for which the Department of Natural Resources <del>and the Georgia Crime
Information Center have</del> <ins>has</ins> received notice pursuant to subsection (d) of Code
Section 52-7-72 has been removed, the provisions of this Code section shall not apply
and the provisions of Code Section 52-7-71 shall apply instead.
<ins>(b)(1) Within seven calendar days of receipt of the notice required pursuant to
subsection (d) of Code Section 52-7-72 that a vessel has not been removed and has been
determined not be a stolen vessel, the Department of Natural Resources shall, by certified
or registered mail or statutory overnight delivery, notify the owner of the location of such
vessel and that if such vessel is not removed within 30 days the vessel will be deemed
abandoned under this article and:
(A) Shall be subject to a lien for actual or projected costs for the removal, storage, and
sale of such vessel;
(B) Failure to remove the vessel may result in the revocation, suspension, denial, or
refusal to renew a motor vehicle registration, vessel certificate of number, or
commercial fishing boat license of a vessel owner that has registered such vessel with
the Department of Natural Resources;
(C) That the owner shall be liable to the department for damages for the removal,
storage, and disposal of the vessel; and
(D) Failure to remove the vessel may result in the criminal prosecution of a vessel
owner that has registered such vessel with the Department of Natural Resources.
(2) The requirement for removal of a vessel within 30 days pursuant to this subsection
shall be inapplicable within 36 months of a declaration by the Governor of a state of
emergency due to a natural disaster affecting the location of the vessel.
</ins> (b)(c)(1)(A) <ins>The commissioner of the Department of Natural Resources shall be
authorized to</ins> <del>Upon notice to the Department of Natural Resources as described in
subsection (d) of Code Section 52-7-72, then the commissioner may</del> revoke, suspend,
deny, or refuse to renew any vessel certificate of number or commercial fishing boat
license required by this title or Title 27 which is held by or has been applied for by <del>a
person who owns the vessel, until the owner</del> <ins>a vessel owner that has registered such
vessel with the Department of Natural Resources which has become abandoned that has
been notified in accordance with subsection (b) of this Code section, until such person
</ins>
restores and resumes operation of the vessel or removes it from public waters or public
property. The person shall be notified of the proposed order for revocation, suspension,
denial, or nonrenewal personally or by a letter sent by certified mail or statutory
overnight delivery to the name and address indicated on the application for the
certificate of number or license, or both. The proposed order for revocation,
suspension, denial, or nonrenewal shall become final 30 days after issuance if not
appealed as provided in this paragraph.
(B) Any person whose vessel certificate of number or commercial fishing boat license
is proposed for revocation, suspension, denial, or nonrenewal under this paragraph shall
have the right to enter an appeal in the superior court of the county of his or her
residence or in the Superior Court of Fulton County. Such appeal shall name the
commissioner as defendant and <del>must</del> <ins>shall</ins> be filed within 30 days from the date the
notice of the proposed order was sent. The person filing the appeal shall neither be
required to post any bond nor to pay the costs in advance. If the person so desires, the
appeal may be heard by the judge at term or in chambers or by a jury at the first term.
The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of
any orders or acts of the department.
(2)(A) <del>Upon notice to the Department of Natural Resources as described in
subsection (d) of Code Section 52-7-72 and delivery of a copy of such notice to the
state revenue commissioner, then the</del> <ins>The</ins> state revenue commissioner <del>may</del> <ins>shall be
authorized to</ins> revoke, suspend, deny, or refuse to renew any motor vehicle registration
required by Title 40 which is held by or has been applied for by <del>a person who owns the
vessel, until the owner</del> <ins>a vessel owner that has registered such vessel with the
Department of Natural Resources which has become abandoned that has been notified
in accordance with subsection (b) of this Code section, until such person</ins> restores and
resumes operation of the vessel or removes it from public waters or public property.
The person shall be notified of the proposed order for revocation, suspension, denial,
or nonrenewal personally or by a letter sent by certified mail or statutory overnight
delivery to the name and address indicated on the application for the registration. The
proposed order for revocation, suspension, denial, or nonrenewal shall become final 30
days after issuance if not appealed as provided in this paragraph.
(B) Any person whose motor vehicle registration is proposed for revocation,
suspension, denial, or nonrenewal under this paragraph shall have the right to enter an
appeal in the superior court of the county of his or her residence or in the Superior
Court of Fulton County. Such appeal shall name the state revenue commissioner as
defendant and <del>must</del> <ins>shall</ins> be filed within 30 days from the date the notice of the
proposed order was sent. The person filing the appeal shall neither be required to post
any bond nor to pay the costs in advance. If the person so desires, the appeal may be
heard by the judge at term or in chambers or by a jury at the first term. The hearing on
the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or
acts of the department.
<ins>(d) Any vessel owner that has registered such vessel with the Department of Natural
Resources that fails to remove such vessel from public waters or public property within 30
days receipt of the notice issued pursuant to subsection (b) of this Code section shall be
guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof,
shall be punished by a fine not to exceed $5,000.00 or by confinement for a term not to
exceed 12 months, or both; provided, however, that the requirement for removal of a vessel
within 30 days pursuant to this subsection shall be inapplicable within 36 months of a
declaration by the Governor of a state of emergency due to a natural disaster affecting the
location of the vessel. Upon a second or subsequent offense for failure to remove an
abandoned vessel from public waters or public property, a vessel owner that has registered
such vessel with the Department of Natural Resources shall be guilty of a felony and, upon
conviction thereof, shall be punished by a fine not to exceed $50,000.00 or by
imprisonment for a term not to exceed five years, or both. In addition to any other penalty
</ins>
<ins>authorized by law for failure to remove an abandoned vessel from public waters or public
property, the court may order a person convicted pursuant to this subsection to make
restitution to Department of Natural Resources for the reasonable costs or damages
associated with failure to remove the vessel, including the cost of removal, storage, and
disposal of such vessel. Restitution made pursuant to this subsection shall not preclude the
Department of Natural Resources from obtaining any other civil or criminal remedy
available under any other provision of law. The restitution authorized by this Code section
shall be supplemental and not exclusive."
</ins> SECTION 7.
Said chapter is further amended in Code Section 52-7-74, relating to procedure for
foreclosure, by revising paragraph (2) as follows:
"(2) The person desiring to foreclose a lien on an abandoned vessel shall, by certified or
registered mail or statutory overnight delivery, make a demand upon the owner for the
payment of the reasonable fees for removal and storage plus the costs of any
advertisement. Such written demand shall include an itemized statement of all charges.
No such written demand shall be required if the identity of the owner cannot be
ascertained and the notice requirements of <ins>paragraph (2) of</ins> subsection <del>(g)</del> <ins>(d)</ins> of Code
Section 52-7-71 have been complied with;"
SECTION 8.
All laws and parts of laws in conflict with this Act are repealed.