BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 459|
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THIRD READING
Bill No: SB 459
Author: Wolk (D)
Amended: 5/6/09
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 8-1, 4/14/09
AYES: Pavley, Huff, Kehoe, Leno, Padilla, Simitian,
Wiggins, Wolk
NOES: Hollingsworth
NO VOTE RECORDED: Cogdill, Benoit
SENATE JUDICIARY COMMITTEE : 4-0, 4/28/09
AYES: Corbett, Harman, Florez, Leno
NO VOTE RECORDED: Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Tidelands and submerged lands: removal of
vessels
SOURCE : State Lands commission
DIGEST : This bill allows the State Lands Commission
(SLC) to remove, from areas under its jurisdiction, a
watercraft or ground tackle that has been placed on state
lands without permission. Prior to removal, the SLC shall
give a 30-day notice by attaching it to the watercraft or
ground tackle. If the owner is known, the SLC shall also
mail a notice to the owner, and any lien holders.
CONTINUED
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ANALYSIS :
Existing Law
1.Permits the SLC to eject trespassers from any tide and
submerged land, beds of navigable channels, streams,
rivers, creeks, lakes, bays, and inlets under its
jurisdiction through a court action, and recover its
costs of ejectment through that legal action.
2.Generally allows the SLC to remove, from areas under its
jurisdiction, any vessel, boat, raft, or watercraft which
either:
A. Is left unattended and is moored, docked, beached,
or made fast to l and in a position as to obstruct
the normal movement of traffic, or to create a hazard
to other vessels, to public safety, or to the
property of another.
B. Seriously interferes with, or otherwise poses a
critical and immediate danger to navigation or to the
public health, safety, or welfare.
3.Allows the SLC, through appropriate court action, to
remove or destroy any vessel, boat, watercraft, raft, or
other similar obstruction which hinders navigation or
otherwise creates a public nuisance in areas under the
SLC's jurisdiction.
4.Allows the SLC to recover costs incurred in removal
actions undertaken through appropriate action in the
courts of this state.
This bill allows the SLC to dispose of any of the above
items that remain unclaimed 30 days after removal. The
bill allows the SLC, after the 30-day notice, to permit the
property to remain in place for an additional 30 days, and,
if it has not been claimed or removed, then dispose of it.
The bill, upon request of the owner, requires the SLC to
return a vessel, boat, raft, or other watercraft, or a
buoy, anchor, mooring, or ground tackle removed under the
above provisions.
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This bill states that a hulk, derelict, wreck, or parts of
a ship, vessel, or other watercraft, sunk, beached,
grounded, or floating and allowed to remain in an seaworthy
or dilapidated condition in areas under the SLC's
jurisdiction for longer than 30 days, without its consent,
is abandoned property.
This bill provides that, notwithstanding any other
provision of law, the SLC may take title to abandoned
property for the sole purpose of abatement, may cause the
property to be sold, destroyed, or otherwise disposed of in
any manner it determines is expedient or convenient. Title
to property transferred by the SLC by sale to third parties
shall be clear of any lien or encumbrance.
This bill provides that prior to making a disposition of
abandoned property, the SLC shall use reasonable means to
identify and locate the owner. If located, the SLC shall
give the owner written notice to remove the property by a
date certain at least 15 days from the date of the notice.
The notice must also be posted on the property, if
practicable, in a clearly visible place. If the owner
cannot be located, fails to respond, or fails to remove the
property, the SLC may direct disposition of the property at
a properly noticed SLC meeting, notice of which shall be
given to a known owner and at which the owner or any
interested party may appear and shall be given the right to
be heard prior to the disposition of the property. Any
action with regard to the disposition of the property, with
the exception of returning the property to the owner, shall
be delayed for 30 days after the date of the SLC
determination, to permit response by the owner.
This bill provides that, at the request of the SLC, an
employee or agent of the SLC, a peace officer, or a city,
county, or other political subdivision of the state shall
have the authority to board a vessel for the purpose of
carrying out the provisions of the bill.
The bill provides that the SLC's cost of disposing of
abandoned property, including staff time and legal and
attorney's fees, may be recovered by an action in any court
or by use of any available administrative remedy. If the
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property is sold, the SLC may recover its costs from any
proceeds of the sale and any additional funds received
shall be deposited into the General Fund.
The bill provides that an action of the SLC with regard to
any abandoned property removed, acquired, or disposed of
under this bill is exempt from the requirements of the
California Environmental Quality Act, and from any other
law or regulation that governs the acquisition, disposal,
or destruction of property by a state agency.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/27/09)
State Lands Commission (source)
Delta Protection Commission
Recreational Boaters of California
ARGUMENTS IN SUPPORT : The author's office states that
the SLC claims, "There are a number of boat owners storing
their vessels on state lands without permission. There are
also boat owners dumping or abandoning their old or
unseaworthy vessels on state lands without permission. The
problem of trespassing and abandoned vessels is increasing
in the state. Additionally, there is evidence that the
problem is worsening in a down economy where the costs of
vessel maintenance and storage are viewed by some owners as
discretionary expenses to be eliminated. The problem is
particularly acute in the Delta, but is also evident
throughout the state and country's waterways.
"The Commission's current recourse against these boat
owners is limited to court action. This is usually a long
and costly process that involves the Attorney General's
office. There have been some situations where ship salvers
have offered to take trespassing and abandoned ships at no
cost to the state; however, since the ship salvers cannot
obtain title without a court judgment, this remedy has not
proven effective.
"This bill would streamline the lengthy and expensive
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judicial process by permitting the Commission to decide the
final disposition of abandoned vessels, trespassing
vessels, and trespassing ground tackle through an
administrative process. This administrative authority
would include notice and hearing requirements to protect
the due process rights of boat owners. Specifically, a
boat owner and any lien holder would receive a 30 day
notice to remove and an opportunity to be heard by the
Commission before final disposition would occur. If the
Commission ultimately decides to dispose of or destroy a
vessel, the Commission shall provide an additional 30 day
notice before it can take such action."
CTW:cm 5/27/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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