HB643 Alabama 2010 Session

Summary

Primary Sponsor

Steve McMillan

Republican

Session

Regular Session 2010

Title

Vessels, storing or docking at private property, public water, port or harbor without consent, prohibited, penalties, procedure for seizing and selling derelict vessels at public auction under certain conditions

Summary

HB643 would outlaw leaving a derelict vessel on private property or in state waters without consent and create penalties plus a process to seize and sell such vessels at public auction.

What This Bill Does

It makes it illegal to store or leave a derelict vessel without the owner's consent on private property or without the consent of the appropriate water/port agency. It sets penalties (Class B misdemeanor; $100–$500 fine per offense; possible imprisonment) and requires the offender to reimburse the Department of Conservation and Natural Resources for enforcement costs. It authorizes seizure by the department or peace officers, requires notices to the owner and lienholders, and outlines how the vessel may be disposed of (including public auction) if not reclaimed within specified time frames; it also allows interested parties to take possession by paying costs and posting security, with rules to govern these processes.

Who It Affects

• Derelict vessel owners and anyone with an ownership or lien interest in a derelict vessel, who could face penalties and must reimburse enforcement costs if the vessel is seized or disposed.
• Private property owners and state water/port authorities (and the enforcing officers) who must consent to mooring/storage, may be involved in seizure and disposal procedures, and may incur costs related to enforcement and notices.

Key Provisions

• Makes it unlawful to store or leave a derelict vessel on private property without the owner's consent or on public water/at a port or harbor without the consent of the agency exercising jurisdiction.
• Imposes penalties: Class B misdemeanor; fines of $100 to $500 per offense; possible imprisonment; and a requirement to reimburse the department for enforcement expenses (seizure, removal, transport, storage, disposal, etc.).
• Authorizes the department or peace officers to take custody of a derelict vessel and dispose of it under the act; includes notice requirements: post on the vessel and mail notice to the registered owner and lienholders with details and a 20-day window.
• Allows interested parties to take possession before the public auction by paying all costs and posting security not exceeding the vessel's appraised value; security is returned after one year if not forfeited.
• If not repossessed within 20 days after notice, the vessel may be disposed of by public auction (with advertisement) or by negotiated sale, donation, or destruction if no bids are obtained.
• If the appraised value is less than $100, public negotiation or other disposal may occur without a public auction.
• Transfers of ownership from sale are documented by a bill of sale from the department.
• The department must adopt rules to implement the act.
• The act is stated to be exempt from local-funding restrictions under Amendment 621 because it creates/defines a new crime or amends an existing one, and it becomes effective on the date specified (first day of the third month after passage and governor approval).

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Vessels