California 2009-2010 Regular Session Status: To Executive 1 R cosponsors

SB 459 — Tidelands and submerged lands: removal of vessels.

Last action — Stricken from Senate file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes the State Lands Commission to remove from areas under its jurisdiction any vessel, boat, raft, or other similar watercraft that is left unattended and is moored, docked, or beached as to obstruct traffic or to create a hazard to other vessels or property, that poses critical and immediate danger to navigation or the public health, safety, or welfare, or that hinders navigation or creates a public nuisance. This bill would revise those provisions to authorize the commission to remove those watercraft in those and similar conditions immediately and without notice. The bill would authorize the commission to remove and dispose of those watercraft and to remove and dispose from areas under its jurisdiction watercraft that have been placed on state lands without its permission if prior to removal the commission gives a 30-day notice by posting notice on the watercraft and notifying the owner and any lienholder, if known. Existing law authorizes the commission, through appropriate action in the courts, to remove or destroy a vessel, boat, watercraft, or other similar obstruction that hinders navigation or otherwise creates a public nuisance in areas under the commission's jurisdiction. This bill would, instead, provide 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 unseaworthy or dilapidated condition in areas under the commission's jurisdiction for a period longer than 30 days without its consent is abandoned property. The bill would establish procedures for the commission to sell, destroy, or otherwise dispose of this property. The bill would require that any proceeds from the sale of this property, less the commission's costs, be deposited into the General Fund.

Bill Text

Action History

  1. Stricken from Senate file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 9 p.m.

  5. Senate concurs in Assembly amendments. (Ayes 30. Noes 1. Page 2118.) To enrollment.

  6. In Senate. To unfinished business.

  7. Read third time. Passed. (Ayes 74. Noes 0. Page 2760.) To Senate.

  8. Read second time. To Consent Calendar.

  9. (Heard in committee on August 19.)

  10. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.)

  11. Read second time. Amended. Re-referred to Com. on APPR.

  12. (Heard in committee on July 6.)

  13. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 8. Noes 0.)

  14. (Heard in committee on June 30.)

  15. From committee: Do pass, but first be re-referred to Com. on NAT. RES. (Ayes 10. Noes 0.) Re-referred to Com. on NAT. RES.

  16. Re-referred to Coms. on JUD. and NAT. RES.

  17. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on NAT. RES.

  18. To Coms. on NAT. RES. and JUD.

  19. In Assembly. Read first time. Held at Desk.

  20. Read third time. Passed. (Ayes 35. Noes 2. Page 1095.) To Assembly.

  21. Read second time. To third reading.

  22. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  23. Set for hearing May 26.

  24. (Corrected May 13.)

  25. Read second time. Amended. Re-referred to Com. on APPR.

  26. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 701.)

  27. Set for hearing April 28.

  28. Read second time. Amended. Re-referred to Com. on JUD.

  29. From committee: Do pass as amended, but first amend, and re-refer to Com. on JUD. (Ayes 8. Noes 1. Page 479.)

  30. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on N.R. & W.

  31. Set for hearing April 14.

  32. To Coms. on N.R. & W. and JUD.

  33. From print. May be acted upon on or after March 28.

  34. (Corrected March 2.)

  35. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Wolk

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB459 Wolk

Passed 31 Yea · 1 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 29108
Democratic 2000
Republican 0001
Total 31109
% of votes cast 76%2%0%22%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Hancock — Yea
Huff — Yea
Cogdill — Yea
Corbett — Yea
Dutton — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hollingsworth — Nay
Ashburn — Not Voting
Benoit — Not Voting
Ducheny — Not Voting
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Not Voting
Wiggins — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Harman — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Maldonado — Yea
Simitian — Yea
Wolk — Yea
Wyland — Yea
Correa — Yea
Cox — Not Voting
DeSaulnier — Not Voting
Denham — Yea
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Passed 86 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 80005
Democratic 3000
Republican 3000
Total 86005
% of votes cast 95%0%0%5%
How each member voted (91)
Member Party Vote
Hall — Not Voting
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Fuller — Yea
Charles — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huffman — Yea
Jeffries — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Anderson — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Krekorian — Yea
Lieu — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Saldana — Not Voting
Fuentes — Not Voting
Bass — Not Voting
Skinner — Yea
Smyth — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Ruskin — Yea
Silva — Yea
Solorio — Yea
Swanson — Yea
Villines — Yea
Emmerson — Yea
Feuer — Yea
Evans — Not Voting
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Conway — Yea
Hall — Yea
Harkey — Yea
Hill — Yea
Ammiano — Yea
Duvall — Yea
Skinner — Yea
Torlakson — Yea
Miller — Yea
Solorio — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 36 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34201
Democratic 2000
Republican 0001
Total 36202
% of votes cast 90%5%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Hollingsworth — Nay
Huff — Yea
Leno — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Cedillo — Yea
Liu — Yea
McLeod — Yea
Cogdill — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Ashburn — Nay
Benoit — Yea
Corbett — Yea
Correa — Yea
Ducheny — Yea
Dutton — Yea
Walters — Not Voting
Wiggins — Yea
Wright — Yea
Alquist — Yea
Aanestad — Yea
Harman — Yea
Kehoe — Yea
Maldonado — Yea
Wolk — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

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Frequently asked questions

What does SB 459 do?
Existing law authorizes the State Lands Commission to remove from areas under its jurisdiction any vessel, boat, raft, or other similar watercraft that is left unattended and is moored, docked, or beached as to obstruct traffic or to create a hazard to other vessels or property, that poses critical and immediate danger to navigation or the public health, safety, or welfare, or that hinders navigation or creates a public nuisance. This bill would revise those provisions to authorize the commission to remove those watercraft in those and similar conditions immediately and without notice. The bill would authorize the commission to remove and dispose of those watercraft and to remove and dispose from areas under its jurisdiction watercraft that have been placed on state lands without its permission if prior to removal the commission gives a 30-day notice by posting notice on the watercraft and notifying the owner and any lienholder, if known. Existing law authorizes the commission, through appropriate action in the courts, to remove or destroy a vessel, boat, watercraft, or other similar obstruction that hinders navigation or otherwise creates a public nuisance in areas under the commission's jurisdiction. This bill would, instead, provide 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 unseaworthy or dilapidated condition in areas under the commission's jurisdiction for a period longer than 30 days without its consent is abandoned property. The bill would establish procedures for the commission to sell, destroy, or otherwise dispose of this property. The bill would require that any proceeds from the sale of this property, less the commission's costs, be deposited into the General Fund.
Who sponsors SB 459?
SB 459 is sponsored by Wolk and Jones, Brian W. (Republican).
What is the current status of SB 459?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 459?
Track SB 459 free on One Click Politics — get push/email alerts when it moves.

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