LEGISLATION

To date, during the 2007/2008 two-year California legislative session 4,819 bills have been introduced (3,047 in the Assembly and 1,772 in the Senate). The Association's Legislative Committee and Board of Directors will review all bills introduced and take positions of "Support" or "Oppose" on bills that may affect the marine industry. The bills selected will be posted below.

Association Members may receive complete copies of any bill through the Association Business Office.

2008 LEGISLATIVE CALENDAR

Jan 7	- Legislature reconvenes.
Jan 31	- Last day for each house to pass bills introduced in 2007 in their house.
Feb 22	- Last day for bills to be introduced.
Mar 13	- Spring recess begins.
Mar 24	- Legislature reconvenes.
May 30	- Last day to pass bills out of house of origin.
July 3	- Summer recess begins.
Aug 4	- Legislature Reconvenes.
Aug 31	- Last day for any bill to be passed.
Sep 30	- Last day for Governor to sign or veto bills.

Updated: May 1, 2008

2008 SUPPORTED BILLS

AB 1950 - Lieu. Vessels: abandonment: abatement - Amended March 24.

(1) Existing law authorizes the sale of a hulk, derelict, wreck, or parts of a ship, vessel, or other watercraft sunk, beached, or allowed to remain in an unseaworthy or dilapidated condition upon publicly owned submerged lands, salt marsh, or tidelands within corporate limits of a municipal corporation or other public corporation or entity having jurisdiction or control over those lands, without its consent, for a period longer than 30 days without a watchman or other person in charge of the property.
This bill would also authorize the sale of a surrendered vessel, as defined, under those provisions.
(2) Existing
Existing law makes it an infraction with a minimum $500 fine and maximum $3,000 fine for a person to abandon a vessel upon a public waterway or public or private property without the express or implied consent of the owner or person in lawful possession or control of the property, except for the urgent and immediate concern for the safety of those aboard the vessel. Existing law provides that 80% of the money collected as fines shall be deposited in the Abandoned Watercraft Abatement Fund, a special fund. Upon appropriation by the Legislature, money in the fund may be used for grants to be awarded by the Department of Boating and Waterways to local agencies for the abatement and removal of abandoned, wrecked, and dismantled vessels, or parts of those vessels.
This bill would increase the minimum fine to $1,000. The bill would also allow that the money in the fund to be used for the abatement and removal of a surrendered vessel, hulk, derelict, wreck, or parts of any ship, or other watercraft sunk, beached, or allowed to remain in an unseaworthy or dilapidated condition upon municipal or other public corporation property , and for the disposal of a surrendered vessel, as defined.
(3) Existing
Existing law authorizes wrecked property that is an unseaworthy derelict or hulk, or abandoned property removed from a navigable waterway, as specified, to be sold or otherwise disposed of by the public agency that removed or caused the removal of the property, subject to certain conditions, including that the property has been appraised by disinterested persons, and has an estimated value of less than $2,000.
This bill would , until January 1, 2012, except from those provisions a surrendered vessel, as defined , and allow that vessel to be disposed of immediately upon acceptance by a public agency. The bill would require the Department of Boating and Waterways to track the number of surrendered vessels accepted by a public agency that disposes of those vessels using grant funds from the Abandoned Watercraft Abatement Fund from January 1, 2009, to January 1, 2012, inclusive, and the total amount of expenditure from that fund for surrendered vessels during the same period. The bill would require the department report that information to the Assembly Transportation Committee and the Senate Transportation and Housing Committee with any recommendations for revising or continuing the use of fund moneys for those purposes.
(4) The bill would make related changes.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 522 of the Harbors and Navigation Code is amended to read:
522. (a) (1) A surrendered vessel, hulk, derelict, wreck, or parts of a ship, vessel, or other watercraft sunk, beached, or allowed to remain in an unseaworthy or dilapidated condition upon publicly owned submerged lands, salt marsh, or tidelands within the corporate limits of a municipal corporation or other public corporation or entity having jurisdiction or control over those lands, without its consent expressed by resolution of its legislative body, for a period longer than 30 days without a watchman or other person being maintained upon or near and in charge of the property, is abandoned property.
(2) The municipal corporation or other public corporation or entity may, notwithstanding any other provision of law, take title to the abandoned property for purposes of abatement without satisfying any property tax lien on that property, and also may cause the property to be sold, destroyed, or otherwise disposed of in any manner it determines is expedient or convenient. Any property tax lien on the abandoned property shall be satisfied within 30 days following the sale of the abandoned property by a municipal corporation or public entity. A sale in accordance with this section shall vest complete title in the purchaser who shall without delay take steps to remove the property. Proceeds derived from the sale shall be transmitted to the Treasurer for deposit in the General Fund.
(3) For the purposes of this section, "surrendered vessel" means a vessel that the verified title holder has willingly surrendered to a willing public agency under both of the following conditions: (A) The public agency has determined, in its sole discretion, that the vessel is in danger of being abandoned, and therefore has a likelihood of causing environmental degradation or becoming a hazard to navigation.
(B) The decision to accept a vessel is based solely on the potential of the vessel to likely be abandoned and cause environmental degradation or become a hazard to navigation.
(4) A surrendered vessel shall be considered abandoned property immediately upon being accepted by a willing public agency.
(b) Notwithstanding subdivision (a), if the owner of the property securely affixes to the property a notice in plain view setting forth the owner's name and address and claim of ownership, together with the name and address of an agent or representative whom the owner may designate to act within the state if the owner does not reside in the state, and files a copy of the notice with the secretary of the municipal corporation or other public corporation or entity having jurisdiction or control over the lands at least 10 days prior to the removal, the municipal corporation or other public corporation or entity may not sell, destroy, or otherwise dispose of the property until the corporation or entity has first given the owner or the owner's agent, at the address specified in the claim of ownership, 15 days' notice to remove or cause the property to be removed, and then only if the property is not removed by the owner or the owner's agent within that time or reasonable extensions of time as the corporation or entity may grant by resolution. If a registration number appears on the watercraft, the municipal corporation or other public corporation or entity shall send the notice to the last registered owner and the disposition shall be handled as a lien sale under Section 504.
(c) A municipal corporation or other public corporation may charge a fee to a person who is determined by that municipal or other public corporation to have caused property of a type described in subdivision (a) to become abandoned as described in that subdivision within its corporate limits, in an amount not to exceed the amount of that municipal or other public corporation's actual and reasonable costs incurred pursuant to this section with respect to the abandoned property.

SEC. 3. Section 526.1 is added to the Harbors and Navigation Code, to read:
526.1. (a) For purposes of this article, "surrendered vessel" means a vessel that the verified title holder has willingly surrendered to a willing public agency under both of the following conditions:
(1) The public agency has determined, in its sole discretion, that the vessel is in danger of being abandoned, and therefore has a likelihood of causing environmental degradation or becoming a hazard to navigation.
(2) The decision to accept a vessel is based solely on the potential of the vessel to likely be abandoned and cause environmental degradation or become a hazard to navigation.
(b) The department shall track the number of surrendered vessels accepted by a public agency that disposes of surrendered vessels using grant funds from the Abandoned Watercraft Abatement Fund between January 1, 2009, and January 1, 2011. The department shall also track the total expenditure from the fund for surrendered vessel abatement during the same period. On or before July 1, 2011, the department shall report this information to the Assembly Transportation Committee and the Senate Transporatation and Housing Committee, along with any recommendations to revise or continue the use of fund moneys for these purposes.
(c) This section shall remain in effect only until January 1, 2012, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2012, deletes or extends that date.

BILL HISTORY

Apr. 9	In committee: Set, first hearing & referred to Appropriations suspense file.
Mar. 25	From Transportation Committee, Do Pass (Ayes 14, Noes 0),and re-refer to Committee on Appropriations.
Mar. 24	From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
Mar. 6	Referred to Committee on Transportation.
Feb. 13	Read first time. To print.

SB 1435 - Ducheny. Marinas and harbors: funding.

Existing law authorizes the Department of Boating and Waterways to make loans to private marina owners for construction costs, not including planning, design, and other similar expenses, to develop a recreational marina.
This bill would no longer exclude loans for planning, design, and other similar expenses to develop a recreational marina.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 76.3 of the Harbors and Navigation Code is amended to read:
76.3. (a) The department may make loans to private marina owners for construction costs , not including planning, design, and other similar expenses, to develop a recreational marina. Loan funds from the department may be utilized for berthing facilities, dredging, parking, public access facilities, restrooms, vessel pumpout facilities, oil recycling facilities, utilities, landscaping, receptacles for the purpose of separating, reusing, or recycling all solid waste materials, and other incidental boating-related amenities.
(b) No loan made by the department to a private marina owner shall exceed 75 percent of the funds annually budgeted for purposes of this article.
(c) The department shall not make a loan to a recreational marina that restricts access or bars the public other than what that which is consistent with general commercial business practices.
(d) Any private marina owner who purchases facilities previously developed with a department loan is eligible to apply for a new construction loan from the department.
(e) (1) The department may also make a loan to a recreational marina for the purpose of refinancing an existing loan, subject to the following conditions:
(A) Not more than 70 percent of the proceeds from the loan shall be used to refinance an existing loan.
(B) Not less than 30 percent of the loan proceeds shall be used for construction activity authorized under this section.
(C) The loan applicant shall provide documentation to the department proving to the satisfaction of the department that the existing loan prohibits the addition of a loan in second position.
(D) The loan applicant shall meet all other requirements under law for loan qualification , and any other applicable term or condition of law.
(2) This subdivision does not prohibit a person from applying for a loan under subdivision (a).

BILL HISTORY

Apr. 29	In Assembly. Read first time & held at desk.
Apr. 28	Read third time, Passed (Ayes 38, Noes 0) and to Assembly.
Apr. 24	To Special Consent Calendar.
Apr. 22	Read second time. To third reading.
Apr. 10	Set for hearing April 21.
Apr. 8	From committee: Do Pass (Ayes 8, Noes 0), but first be re-referred toCommittee on Appropriations with recommendation: To Consent Calendar.
Mar. 26	Hearing canceled at the request of author.
Mar. 19	Set for hearing April 8.
Mar. 6	To Committee on on Natural Resources & Water.
Feb. 21	Introduced. Read first time.

2008 OPPOSED BILLS

None at this time.

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