Assembly Bill No. 438–Committee on Natural Resources, Agriculture and Mining

(On Behalf of Division of Wildlife)

March 10, 1999

____________

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.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to watercraft; making various changes to the provisions governing abandoned vessels; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 488.293 is hereby amended to read as follows:

1-2 488.293 1. A peace officer may attempt to identify the registered

1-3 owner of a vessel abandoned on private property by inspection of the

1-4 vessel and any trailer to which it is attached and may supply the

1-5 information to the property owner. The property owner must declare by

1-6 affidavit the reasons why he believes the property to be abandoned. The

1-7 property owner must give 5 days’ notice to the last registered owner before

1-8 causing the removal of the vessel. If the last registered owner is unknown

1-9 or cannot be notified, the vessel may immediately be removed to a secure

1-10 location designated by a peace officer.

1-11 2. A peace officer shall [:

1-12 (a) Within] , within 48 hours after directing the removal of an

1-13 abandoned vessel on a public waterway or public or private property,

1-14 notify the division of wildlife of the state department of conservation and

1-15 natural resources of the [vessel’s status; and

2-1 (b) Notify the last registered owner and any person known to have a

2-2 security interest in the vessel by registered or certified mail that the vessel

2-3 has been removed as abandoned and may be disposed of by sale pursuant

2-4 to NRS 108.670 to 108.760, inclusive, or destroyed, unless the owner or a

2-5 holder of a security interest pays the costs of removal and storage.] status

2-6 of the vessel.

2-7 3. A law enforcement agency that has custody of an abandoned

2-8 vessel shall, if the agency knows or can reasonably discover the name

2-9 and address of the owner of the vessel or any person who holds a security

2-10 interest in the vessel, notify the owner or the holder of the security

2-11 interest of the location of the vessel and the method by which the vessel

2-12 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 as

2-14 evidence in the investigation or prosecution of a criminal offense, the

2-15 notice required by subsection 3 must be sent:

2-16 (a) Upon the decision of the law enforcement agency or district

2-17 attorney not to pursue or prosecute the case;

2-18 (b) Upon the conviction of the person who committed the offense; or

2-19 (c) If the case is otherwise terminated.

2-20 5. Failure to reclaim the vessel within 180 days after the date the

2-21 notice is mailed constitutes a waiver of interest in the vessel by any person

2-22 having an interest in the vessel and the vessel shall be deemed abandoned

2-23 for all purposes.

2-24 [4.] 6. If all recorded interests in a vessel are waived, as provided in

2-25 subsection [3] 5 or by written disclaimer, the division of wildlife may issue

2-26 a certificate of ownership to the law enforcement agency that [removed the

2-27 abandoned vessel.

2-28 5. After all liens have been satisfied, any proceeds remaining from the

2-29 sale of an abandoned vessel pursuant to NRS 108.670 to 108.760,

2-30 inclusive, must be deposited in the boat account maintained for the

2-31 division.] has custody of the vessel. If necessary, the division of wildlife

2-32 may assign a hull number to the vessel. This subsection does not preclude

2-33 the subsequent return of a vessel, or any component part thereof, by a

2-34 law enforcement agency to the registered owner of the vessel upon

2-35 presentation by the registered owner of satisfactory proof of ownership.

2-36 7. A law enforcement agency to which a certificate of ownership is

2-37 issued pursuant to subsection 6 may use, sell or destroy the vessel, and

2-38 shall keep a record of the disposition of the vessel. If the law enforcement

2-39 agency:

3-1 (a) Sells the vessel, all proceeds from the sale of the vessel become the

3-2 property of the law enforcement agency.

3-3 (b) Destroys the vessel, the law enforcement agency shall, within 10

3-4 days, give notice of the destruction of the vessel to the division of wildlife.

~