ALBANO/MILAM BILL ADDRESSING ISSUES OVER ABANDONED BOATS RECEIVES FINAL APPROVAL

Measure Would Increase Penalties for Abandonment, Give Municipalities More Control over Removal, Destruction

(TRENTON) - Legislation Assemblymen Nelson T. Albano and Matthew W. Milam sponsored to address problems caused by boats and vessels abandoned in New Jersey's waterways today received final legislative approval, passing the General Assembly by a vote of 77 to 2.

"Abandoned boats create serious safety hazards in our waterways and are eyesores when they wash ashore," said Albano (D-Cumberland).  "Increasing municipal authority over wrecks and tightening the penalties for abandonment will ensure that when people abandon ship, they don't let their responsibilities go down with the boat."

The Albano/Milam measure (A-1796) was spurred by July 2006 concerns raised by The Press of Atlantic City from mariners over the amount of sunken and abandoned vessels in Cape May Harbor.  Portions of the harbor had become dumping grounds for unwanted boats and current laws give little jurisdiction to the state and federal government to demand clean-ups.  This left harbor owners facing huge costs to clear the waterways of these dangerous wrecks.

To correct this, the lawmakers' bill would:

• Expand the statutory definition of abandoned vessels to include sunken vessels;
• Facilitate the removal of sunken or abandoned vessels from municipal waterways or land; and
• Increase the penalties for violations of law concerning vessel abandonment.

Specifically, the legislation would make it a disorderly persons offense to abandon a vessel on any public land or body of water.  Disorderly persons offenses carry a penalty of up to six months in jail and $1,000 in fines.

Once a vessel is designated abandoned, a municipality or harbor commission would be authorized to obtain the title of the vessel, remove and destroy it, and seek reimbursement for the costs from the vessel's owner.  Failure to pay for the cost of removal and destruction also would be considered a disorderly persons offense.

The legislation would forbid the state Motor Vehicle Commission (MVC) from issuing or renewing a boating license or registration to any person who abandons a vessel or does not pay the outstanding costs for removal and destruction of an abandoned vessel.  Further, it would give the courts the power to revoke or suspend the operating license of anyone convicted of vessel abandonment or nonpayment.

The measure also would authorize a municipality to adopt an ordinance requiring every owner of a vessel that moors or docks in water or land under the municipality's control to register the vessel with the town.  Violators would be subject to up to six months in prison and $1,250 in fines.

"Coastal residents shouldn't have to foot the bill to clean up other people's wrecks," said Milam (D-Cumberland), a member of the committee.  "Municipalities must be given the power to efficiently and effectively care for coastal waterways without incurring fiscal fallout."

The measure now heads to the Governor, who may sign it, veto it, or modify it in the form of a conditional veto.

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