AB 166 — Vessels: abandonment: abatement.

Summary

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 moneys collected as fines shall be deposited in the Abandoned Watercraft Abatement Fund. Upon appropriation by the Legislature, moneys 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 the moneys in the fund to be used for the abatement and removal of a 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. This bill would prohibit the state from assuming liability for any injuries or damages to a person or entity, public or private, connected to or resulting from the processing or disposal of a surrendered vessel. These changes would be repealed as of January 1, 2014. 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 specified 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, 2014, except from these specified conditions the removal and sale or disposition of a surrendered vessel, as defined. 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, 2010, to January 1, 2013, inclusive, and the total amount of expenditure from that fund for surrendered vessels during the same period. The bill would require the department to report that information to the Assembly Committee on Transportation and the Senate Committee on Natural Resources and Water with any recommendations for revising or continuing the use of fund moneys for those purposes.

Bill Text

• Chaptered 10/11/09 - Chaptered Current pdf October 11, 2009
• Enrolled 09/11/09 - Enrolled pdf September 11, 2009
• Amended 09/02/09 - Amended Senate pdf September 02, 2009
• Amended 08/17/09 - Amended Senate pdf August 17, 2009
• Amended 07/14/09 - Amended Senate pdf July 14, 2009
• Introduced 01/28/09 - Introduced pdf January 28, 2009
• AB166 View text html

Action History

1. October 11, 2009

   Chaptered by Secretary of State - Chapter 416, Statutes of 2009.

2. October 11, 2009

   Approved by the Governor.

3. September 28, 2009

   Enrolled and to the Governor at 1 p.m.

4. September 09, 2009

   Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 3185.)

5. September 09, 2009

   Assembly Rule 77 suspended. (Page 3152.)

6. September 08, 2009

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.

7. September 04, 2009

   Read third time, passed, and to Assembly. (Ayes 39. Noes 0. Page 2209.)

8. September 03, 2009

   Read second time. To third reading.

9. September 02, 2009

   Read third time, amended. To second reading.

10. September 01, 2009

    Read second time. To third reading.

11. August 31, 2009

    (received by desk August 28, 2009 pursuant to JR61(a)(11))

12. August 31, 2009

    From committee: Do pass. (Ayes 13. Noes 0.) (August 27).

13. August 17, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

14. August 17, 2009

    In committee: Placed on Appropriations suspense file.

15. July 14, 2009

    Read second time, amended, and re-referred to Com. on APPR.

16. July 13, 2009

    From committee: Amend, and do pass as amended, and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 7).

17. July 01, 2009

    In committee: Hearing postponed by committee.

18. June 29, 2009

    In committee: Hearing postponed by committee.

19. June 23, 2009

    From committee: Do pass, and re-refer to Com. on JUD. with recommendation: To Consent Calendar. Re-referred. (Ayes 11. Noes 0.) (June 23).

20. June 11, 2009

    Referred to Coms. on N.R. & W. and JUD.

21. June 02, 2009

    In Senate. Read first time. To Com. on RLS. for assignment.

22. June 01, 2009

    Read third time, passed, and to Senate. (Ayes 79. Noes 0. Page 1832.)

23. May 29, 2009

    Read second time. To third reading.

24. May 29, 2009

    From committee: Do pass. (Ayes 17. Noes 0.) (May 28).

25. April 01, 2009

    In committee: Set, first hearing. Referred to APPR. suspense file.

26. March 24, 2009

    From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 14. Noes 0.) (March 23).

27. February 26, 2009

    Referred to Com. on TRANS.

28. January 29, 2009

    (Corrected January 29.)

29. January 29, 2009

    From printer. May be heard in committee February 28.

30. January 28, 2009

    Read first time. To print.

Sponsors

• Jones · Cosponsor
• John A. Perez · Cosponsor
• Portantino · Cosponsor
• Saldana · Cosponsor
• DeSaulnier · Cosponsor
• Garrick · Cosponsor
• Krekorian · Cosponsor
• Lieu · Primary
• Ma · Cosponsor
• Silva · Cosponsor
• Torlakson · Cosponsor
• Wiggins · Cosponsor

Votes

Subjects