Amended in Senate August 21, 2013

Amended in Assembly April 24, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 865


Introduced by Assembly Member Eggman

February 21, 2013


An act to amend Sections 707, 736, and 770 of the Harbors and Navigation Code, relating to vessels.

LEGISLATIVE COUNSEL’S DIGEST

AB 865, as amended, Eggman. Yacht and Ship Brokers Act: licensing.

Existing law requires thebegin delete Departmentend deletebegin insert Divisionend insert of Boating and Waterways to publish or cause to be published on or before July 1 of each year a directory of licensed brokers and salespersons and to charge and collect the fees prescribed by the Yacht and Ship Brokers Act in accordance with a specified schedule. Existing law authorizes thebegin delete departmentend deletebegin insert divisionend insert to make rules and regulations to carry out the provisions of the act.

This bill would require thebegin delete departmentend deletebegin insert divisionend insert to post the directory on its Internet Web site. The bill would require thebegin delete departmentend deletebegin insert divisionend insert to adopt regulations setting forth the fees to be charged and collected under the act for, among other things, exams, licensing, renewals, and other services provided by thebegin delete departmentend deletebegin insert divisionend insert under the actbegin insert, and would require the fees to be sufficient to reimburse the division for the reasonable costs of implementing the actend insert. The bill would require that those fees be charged and collected under the act until such time that thebegin delete departmentend deletebegin insert divisionend insert adopts those regulations.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 707 of the Harbors and Navigation Code
2 is amended to read:

3

707.  

Thebegin delete departmentend deletebegin insert divisionend insert shall publish or cause to be
4published on or before July 1 of each year a directory of licensed
5brokers and salespersons and shall post the directory on its Internet
6Web site. Thebegin delete departmentend deletebegin insert divisionend insert may publish such additional
7information as it deems expedient and may also issue a periodical
8bulletin concerning affairs arising under the administration of this
9 article.

10

SEC. 2.  

Section 736 of the Harbors and Navigation Code is
11amended to read:

12

736.  

(a) Thebegin delete departmentend deletebegin insert divisionend insert shall adopt regulations setting
13forth the fees to be charged and collected under this article.begin insert The
14fees shall be sufficient to reimburse the division for the reasonable
15costs of implementing this article.end insert

16(b) A criminal records investigation fee shall be collected for
17both a salesperson’s and broker’s license in an amount determined
18by the Department of Justice, or by any other state or federal
19custodian of criminal records from which thebegin delete departmentend deletebegin insert divisionend insert
20 has requested information concerning an applicant’s criminal
21record, not to exceed the amount needed to reimburse the
22begin delete departmentend deletebegin insert divisionend insert for conducting the criminal records
23investigation.

24(c) The following fees shall apply until such time that the
25begin delete departmentend deletebegin insert divisionend insert adopts regulations pursuant to subdivision (a):

26(1) Two hundred dollars ($200) for each original broker’s
27license.

28(2) Seventy-five dollars ($75) per year for the renewal of an
29original broker’s license.

30(3) One hundred dollars ($100) for each original salesperson’s
31license.

32(4) Fifty dollars ($50) per year for the renewal of an original
33salesperson’s license.

34(5) Twenty-five dollars ($25) for a salesperson’s temporary
35license.

P3    1(6) Twenty-five dollars ($25) for each license obtained by a
2broker for a branch office and for each renewal thereof.

3(7) Ten dollars ($10) for each transfer of a salesperson’s license
4for each change of employment.

5(8) Ten dollars ($10) for each duplicate license.

6(9) Ten dollars ($10) for each substitution of a name in the
7license of a corporation or a partnership.

8(10) Ten dollars ($10) for the granting of each certificate of
9convenience under Section 727.

10(11) Twenty-five dollars ($25) for each examination.

11

SEC. 3.  

Section 770 of the Harbors and Navigation Code is
12amended to read:

13

770.  

Thebegin delete departmentend deletebegin insert divisionend insert shall make rules and regulations
14to carry out the provisions of this article, including adopting a
15schedule to establish reasonable feesbegin insert that cover the division’s costend insert
16 for exams, licensing, renewals, and other services provided by the
17begin delete departmentend deletebegin insert divisionend insert under this article.



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