SB50 Alabama 2018 Session

Updated Apr 26, 2021

Senate Bill

Enacted

Current Status

Regular Session 2018

Session

Sponsor

Summary

Primary Sponsor: Trip Pittman
Republican
Session: Regular Session 2018
Title: Vessels, Alabama State Law Enforcement Agency, procedure for seizure and disposal of abandoned and derelict vessels, Alabama Abandoned and Derelict Vessel Fund, created, crimes and offenses, crime of refusing or failing to remove a derelict vessel from waters of this state, created
Description: Existing law does not provide for the disposal of abandoned or derelict vessels.
This bill would provide that a person or law enforcement officer may take possession of an abandoned or derelict vessel under certain circumstances and would provide procedures for the return of the vessel to the owner or lienholder of record.
This bill would provide procedures for the sale or disposal of an abandoned or derelict vessel.
This bill would create the Alabama Abandoned and Derelict Vessel Fund for the purpose of paying for the cost of implementing and administering this act.
This bill would make it unlawful for the owner of a derelict vessel, as defined, to refuse or fail to remove the derelict vessel from the waters of this state within 24 hours after a verbal or written request from a law enforcement officer.
This bill would provide the Alabama State Law Enforcement Agency with the authority to adopt rules for the implementation and administration of this act.
Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.
Subjects: Vessels