Assembly Bill No. 438–Committee on Natural Resources, Agriculture and Mining
(On Behalf of Division of Wildlife)
March 10, 1999
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Referred to Committee on Natural Resources,
Agriculture and Mining
SUMMARY—Makes various changes to provisions governing abandoned vessels. (BDR 43-437)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 488.293 is hereby amended to read as follows: 488.293 1. A peace officer may attempt to identify the registered1-3
owner of a vessel abandoned on private property by inspection of the1-4
vessel and any trailer to which it is attached and may supply the1-5
information to the property owner. The property owner must declare by1-6
affidavit the reasons why he believes the property to be abandoned. The1-7
property owner must give 5 days’ notice to the last registered owner before1-8
causing the removal of the vessel. If the last registered owner is unknown1-9
or cannot be notified, the vessel may immediately be removed to a secure1-10
location designated by a peace officer.1-11
2. A peace officer shall1-12
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abandoned vessel on a public waterway or public or private property,1-14
notify the division of wildlife of the state department of conservation and1-15
natural resources of the2-1
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of the vessel.2-7
3. A law enforcement agency that has custody of an abandoned2-8
vessel shall, if the agency knows or can reasonably discover the name2-9
and address of the owner of the vessel or any person who holds a security2-10
interest in the vessel, notify the owner or the holder of the security2-11
interest of the location of the vessel and the method by which the vessel2-12
may be claimed. The notice must be sent by certified or registered mail.2-13
4. If the abandoned vessel is held by a law enforcement agency as2-14
evidence in the investigation or prosecution of a criminal offense, the2-15
notice required by subsection 3 must be sent:2-16
(a) Upon the decision of the law enforcement agency or district2-17
attorney not to pursue or prosecute the case;2-18
(b) Upon the conviction of the person who committed the offense; or2-19
(c) If the case is otherwise terminated.2-20
5. Failure to reclaim the vessel within 180 days after the date the2-21
notice is mailed constitutes a waiver of interest in the vessel by any person2-22
having an interest in the vessel and the vessel shall be deemed abandoned2-23
for all purposes.2-24
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subsection2-26
a certificate of ownership to the law enforcement agency that2-27
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may assign a hull number to the vessel. This subsection does not preclude2-33
the subsequent return of a vessel, or any component part thereof, by a2-34
law enforcement agency to the registered owner of the vessel upon2-35
presentation by the registered owner of satisfactory proof of ownership.2-36
7. A law enforcement agency to which a certificate of ownership is2-37
issued pursuant to subsection 6 may use, sell or destroy the vessel, and2-38
shall keep a record of the disposition of the vessel. If the law enforcement2-39
agency:3-1
(a) Sells the vessel, all proceeds from the sale of the vessel become the3-2
property of the law enforcement agency.3-3
(b) Destroys the vessel, the law enforcement agency shall, within 103-4
days, give notice of the destruction of the vessel to the division of wildlife.~