BILL NUMBER: AB 1014	CHAPTERED  09/12/03

	CHAPTER  357
	FILED WITH SECRETARY OF STATE  SEPTEMBER 12, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 11, 2003
	PASSED THE ASSEMBLY  AUGUST 28, 2003
	PASSED THE SENATE  AUGUST 25, 2003
	AMENDED IN SENATE  JULY 16, 2003
	AMENDED IN SENATE  JULY 2, 2003
	AMENDED IN ASSEMBLY  JUNE 2, 2003
	AMENDED IN ASSEMBLY  APRIL 24, 2003

INTRODUCED BY   Assembly Member Canciamilla

                        FEBRUARY 20, 2003

   An act to add Section 525.5 to the Harbors and Navigation Code,
relating to vessels.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1014, Canciamilla.  Vessels:  abandonment.
   Existing law prohibits any person from abandoning 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 as specified.  The abandonment of any
vessel in this manner is prima facie evidence that the last
registered owner of record, not having notified the appropriate
registration or documenting agency of any relinquishment of title or
interest therein, is responsible for the abandonment and is thereby
liable for the cost of removal and disposition of the vessel.  A
violation of this prohibition is an infraction and is punished by a
fine of not less than $500 nor more than $1,500.
   This bill would require the Department of Boating and Waterways,
on or before January 1, 2005, to submit recommendations to the
Legislature on strategies to prevent recreational vessels from being
abandoned and to facilitate the ability of owners to turn in their
recreational vessels to public agencies for disposal in lieu of
abandonment.  The bill would require the Director of Boating and
Waterways to appoint an Abandoned Vessel Advisory Committee to assist
the department in preparing these recommendations.  The bill would
specify the membership of the committee and would require the
committee to serve without compensation and without reimbursement by
the state for expenses.  The bill would require the department to
assist the committee in carrying out its duties.


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


  SECTION 1.  Section 525.5 is added to the Harbors and Navigation
Code, to read:
   525.5.  (a) On or before January 1, 2005, the department shall
submit recommendations to the Legislature on strategies to prevent
recreational vessels from being abandoned and to facilitate the
ability of owners to turn in their recreational vessels to public
agencies for disposal in lieu of abandonment.
   (b) The recommendations shall be based on the expertise and data
available to the department in relation to the existing abandoned
watercraft abatement program administered by the department.
   (c) The recommendations shall consider all of the following:
   (1) The needs and desires of the recreational boating community in
being able to properly and economically dispose of recreational
vessels in lieu of abandoning them.
   (2) Any environmental, economic, safety, or practical problems
that need to be addressed before initiating a program to allow
recreational vessels to be turned in to a public agency in lieu of
abandonment, and the associated benefits of that program or any
program that can prevent recreational vessels from being abandoned.
   (3) An estimate of the number of vessels that may be turned in to
local agencies in lieu of abandonment.
   (d) (1) The director shall appoint an Abandoned Vessel Advisory
Committee to assist the department in preparing recommendations.
   (2) The membership of the committee shall include, but need not be
limited to, representatives of all of the following:
   (A) Boating law enforcement agencies.
   (B) Entities that engage in the salvage or disposal of
recreational vessels.
   (C) Boat dealers.
   (D) Boating, sailing, and yachting organizations.
   (E) Owners and operators of public and private marina facilities.

   (3) The members of the committee shall serve without compensation
and may not be reimbursed by the state for expenses.
   (4) The department shall assist the committee in carrying out its
duties.