Harbors and Navigation Code — Part 6 | HNC — United States — California law | Esheria

Harbors and Navigation Code

Part 6 of 7 · provisions 1,001–1,200

This section says the act is called the Harbors and Navigation Code.

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Navigable waters and sufficiently large streams are public ways for navigation and transport. Floodwaters temporarily above the normal high-water mark outside a watercourse’s banks are excluded, and this section does not allow trespass. This section declares several named streams, waters, and parts of waterways to be navigable public ways. This section lists certain streams and waters as navigable public ways. This section lists several streams and waters as navigable public ways. This section lists specific streams and waters that are navigable public ways.

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Provisions of Harbors and Navigation Code

Showing 200 of 1,303

  1. 7033.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. )

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    Certain local officials, voters, and citizens’ associations may file written arguments for or against a proposed district formation, but the filing must be 300 words or less and submitted at least 54 days before the election.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7033.2. The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation. Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election. (Added by Stats. 1970, Ch. 736.)
  2. 7033.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. )

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    When multiple arguments for or against the proposed district formation are filed on time, election officials must choose one to print and distribute to voters.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7033.3. If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, such election officials shall select one of the arguments for printing and distribution to the voters. In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following: (a) The board of supervisors or any member or members of the board authorized by the board. (b) Individual voters or bona fide associations of citizens or a combination of such voters and associations. (Added by Stats. 1970, Ch. 736.)
  3. 7033.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. )

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    Elections officials must prepare and mail a ballot pamphlet for the district formation election, and it must be sent at least 10 days before the election.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7033.4. The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question. The ballot pamphlet shall contain the following, in the order prescribed: (a) The complete text of the proposition. (b) The impartial analysis of the proposition, prepared by the local agency formation commission. (c) The argument for the proposed district formation. (d) The argument against the proposed district formation. The elections officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 114. Effective January 1, 1995.)
  4. 7034.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. )

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    The board of supervisors must canvass the vote within 10 days after the election.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7034. The vote shall be canvassed by the board of supervisors not more than 10 days after the election. (Added by Stats. 1959, Ch. 1598.)
  5. 7035.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. )

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    If fewer than a majority of votes support forming the district, the board of supervisors must declare the proceedings terminated.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7035. If less than a majority of the votes cast upon the proposition are in favor of forming the district the board of supervisors shall declare the proceedings terminated. (Added by Stats. 1959, Ch. 1598.)
  6. 7036.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. )

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    If the vote favors forming the district, the board of supervisors must declare it organized by resolution, state required details in that resolution, and file a certified copy with the Secretary of State.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7036. If a majority of the votes cast upon the proposition are in favor of forming the district the board of supervisors shall by resolution declare the district duly organized under this part. Said resolution shall state: (a) The name of the district. (b) The official name by which the harbor will be known. (c) The exterior boundaries of the district. A certified copy of the resolution declaring the district formed shall be filed with the Secretary of State. The organization of the district shall then be complete. (Added by Stats. 1959, Ch. 1598.)
  7. 7037.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. )

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    Informalities in district-formation proceedings do not invalidate the district, and any court challenge to the validity of formation must be started within six months of the Secretary of State filing; after that, the district’s formation and legal existence are incontestable.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7037. No informality in any proceeding, including informality in the conduct of the election not substantially affecting adversely the legal rights of any person, shall invalidate the formation of the district. Any proceedings wherein the validity of the formation of a district is denied shall be commenced within six months from the date of filing of the certified copy of the resolution declaring the district formed with the Secretary of State; otherwise the formation and legal existence of the district and all proceedings in respect thereto shall be incontestable. (Added by Stats. 1959, Ch. 1598.)
  8. 704.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    The commission must advise the department on matters relating to administration of the act, and the department must send proposed regulations or changes to the commission for review and comment before enactment.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 704. In accordance with the provisions of Section 82 of this code, the commission shall advise the department with respect to all matters relating to the administration of this act. The department shall submit any proposed regulations or changes in regulations pertaining to this act for review and comment by the commission prior to enactment. (Added by Stats. 1978, Ch. 453.)
  9. 7040.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Directors [7040 - 7048] ( Article 1 added by Stats. 1959, Ch. 1598. )

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    Each district must have a five-member board of directors, and directors must be registered electors who live within the district and are elected at large.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Directors [7040 - 7048] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7040. Each district shall have a board of five directors all of whom shall be registered electors residing within the boundaries of the district and all of whom shall be elected at large. The directors first elected upon the formation of the district shall classify themselves by lot so that two of them shall hold office until the election and qualification of their successors at the first succeeding general district election, and three of them shall hold office until the election and qualification of their successors in the second general district election. (Added by Stats. 1959, Ch. 1598.)
  10. 7041.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Directors [7040 - 7048] ( Article 1 added by Stats. 1959, Ch. 1598. )

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    Each director generally serves a four-year term, except directors first elected and directors appointed to fill an unexpired term.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Directors [7040 - 7048] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7041. The term of office of each director, other than directors first elected or directors appointed to fill an unexpired term, shall be four years. (Added by Stats. 1959, Ch. 1598.)
  11. 7042.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Directors [7040 - 7048] ( Article 1 added by Stats. 1959, Ch. 1598. )

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    If a person elected fails to qualify, the office must be filled as if there were a vacancy.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Directors [7040 - 7048] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7042. If a person elected fails to qualify, the office shall be filled as if there were a vacancy in the office. (Added by Stats. 1959, Ch. 1598.)
  12. 7043.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Directors [7040 - 7048] ( Article 1 added by Stats. 1959, Ch. 1598. )

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    Remaining directors must appoint someone to fill any vacancy in the office of director.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Directors [7040 - 7048] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7043. All vacancies occurring in the office of director shall be filled by appointment by the remaining directors. (Added by Stats. 1959, Ch. 1598.)
  13. 7044.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Directors [7040 - 7048] ( Article 1 added by Stats. 1959, Ch. 1598. )

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    An appointment to fill a director vacancy lasts for the rest of the unexpired term.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Directors [7040 - 7048] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7044. An appointment to fill a vacancy in the office of director shall be for the unexpired term of the office in which the vacancy exists. (Added by Stats. 1959, Ch. 1598.)
  14. 7045.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Directors [7040 - 7048] ( Article 1 added by Stats. 1959, Ch. 1598. )

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    A director who is elected or appointed serves until a successor qualifies.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Directors [7040 - 7048] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7045. Each director elected or appointed shall hold office until his successor qualifies. (Added by Stats. 1959, Ch. 1598.)
  15. 7046.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Directors [7040 - 7048] ( Article 1 added by Stats. 1959, Ch. 1598. )

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    If a district lies entirely within one city, that city’s legislative body becomes the district’s board of directors, and its presiding officer becomes the district president.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Directors [7040 - 7048] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7046. If and when the territory included within the district lies entirely within a single city, the legislative body of such city shall be ex officio the board of directors of the district. In such a case, the presiding officer of such legislative body shall be ex officio the president of the district. (Amended by Stats. 1974, Ch. 378.)
  16. 7047.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Directors [7040 - 7048] ( Article 1 added by Stats. 1959, Ch. 1598. )

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    Each director is entitled to board-meeting compensation set by the board, capped at $50 per meeting and no more than four meetings per calendar month. Directors may also receive travel and other expenses for district duties, subject to Government Code reimbursement rules.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Directors [7040 - 7048] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7047. Each director shall receive a sum as may be fixed by the board, not exceeding fifty dollars ($50) for each meeting of the board attended by him or her, for not exceeding four meetings in any calendar month. A director may also receive traveling and other expenses incurred by him or her when performing duties for the district other than attending board meetings. For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. (Amended by Stats. 2005, Ch. 700, Sec. 7. Effective January 1, 2006.)
  17. 7048.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Directors [7040 - 7048] ( Article 1 added by Stats. 1959, Ch. 1598. )

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    Each director must take and subscribe the official oath and file it with the secretary before starting office duties.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Directors [7040 - 7048] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7048. Before entering upon the duties of his office each director shall take and subscribe the official oath and file it with the secretary. The oath of office may be taken before the secretary, any member of the board of directors, or any officers authorized by law to administer oaths. (Added by Stats. 1959, Ch. 1598.)
  18. 705.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    The director may adopt a seal or other device for department use to authenticate papers and documents under the department’s control.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 705. (a) The director may adopt a seal and such other device for use by the department as it may desire, which may be used to authenticate all papers and documents required by this article which are under the control of the department. (b) Copies of all records and papers required by this article which are in the department’s office shall be received in evidence in all cases, when certified under the hand and seal of the department, equally and with like effect as the originals. (Added by Stats. 1978, Ch. 453.)
  19. 7050.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. )

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    The board is the governing body of the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7050. The board is the governing body of the district. (Added by Stats. 1959, Ch. 1598.)
  20. 7051.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The board exercises the district’s powers unless this part provides otherwise.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7051. The powers of the district shall, except as otherwise provided in this part, be exercised by the board. (Added by Stats. 1959, Ch. 1598.)
  21. 7052.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    After district formation, the directors must meet and organize as a board; the board must elect a president and set the time and place of regular meetings, except where Section 7046 applies to the presidency election.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7052. Within 30 days after the formation of the district the directors shall meet and organize as a board. The board shall: (a) Elect one of its members president except in a case where Section 7046 applies. (b) Provide for the time and place of holding its regular meetings. (Added by Stats. 1959, Ch. 1598.)
  22. 7053.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    At its organization meeting, the board may conduct any district business.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7053. At its organization meeting the board may transact any business of the district. (Added by Stats. 1959, Ch. 1598.)
  23. 7053.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    A district may destroy a record if it does so under the referenced Government Code chapter.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7053.5. A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code. (Added by Stats. 2005, Ch. 158, Sec. 17. Effective January 1, 2006.)
  24. 7054.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    A majority of the board is enough to make a quorum for business transactions.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7054. A majority of the board shall constitute a quorum for the transaction of business. (Added by Stats. 1959, Ch. 1598.)
  25. 7055.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The board may act by ordinance, resolution, order, or motion, but ordinances and resolutions need a majority affirmative vote of the board’s then members to pass or take effect.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7055. The board may act either by ordinance, resolution, order or motion. No ordinance or resolution shall be passed or become effective without at least the affirmative votes of a majority of the then members of the board. (Added by Stats. 1959, Ch. 1598.)
  26. 7056.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The board may keep separate books for filing ordinances and resolutions, and must record the ayes and noes on every ordinance and resolution passed in the board minutes.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7056. Separate books may be maintained for the filing of ordinances and resolutions but the ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the minutes of the board. (Added by Stats. 1959, Ch. 1598.)
  27. 7057.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    When the board passes ordinances, the enacting clause must be in substantially the specified form.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7057. The enacting clause of all ordinances passed by the board shall be in substantially the following form: “Be it Ordained by the Board of Directors of (____ naming the district) as follows:”. (Added by Stats. 1959, Ch. 1598.)
  28. 7058.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The board may pass ordinances needed to regulate the district, and every ordinance must be signed by the president and attested by the secretary.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7058. The board may pass all ordinances necessary for the regulation of the district. All ordinances shall be signed by the president and attested by the secretary. (Added by Stats. 1959, Ch. 1598.)
  29. 7059.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The board must establish rules for its proceedings.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7059. The board shall establish rules for its proceedings. (Added by Stats. 1959, Ch. 1598.)
  30. 706.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    The Attorney General must represent the department in actions and proceedings under this article and give it legal opinions on questions of law arising under the article or its administration.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 706. The Attorney General shall act as the attorney for the department in all actions and proceedings pursuant to this article and shall render to the department opinions upon all questions of law arising under this article or in its administration. (Added by Stats. 1978, Ch. 453.)
  31. 7060.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The board may adopt a district seal and change it whenever it wants.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7060. The board may adopt a seal for the district and alter it at pleasure. (Added by Stats. 1959, Ch. 1598.)
  32. 7061.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The board may change the district’s name by resolution.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. The Board [7050 - 7061] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7061. By resolution the board may change the name of the district. A change of name shall be effective upon the filing of a certified copy of the resolution with the Secretary of State and recording a certified copy in the office of the county recorder of the county in which the district is situated. (Amended by Stats. 1973, Ch. 665.)
  33. 707.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    The division must publish an annual directory of licensed brokers and salespersons by July 1 and post it on its website.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 707. The division shall publish or cause to be published on or before July 1 of each year a directory of licensed brokers and salespersons and shall post the directory on its Internet Web site. The division may publish such additional information as it deems expedient and may also issue a periodical bulletin concerning affairs arising under the administration of this article. (Amended by Stats. 2013, Ch. 425, Sec. 1. (AB 865) Effective January 1, 2014.)
  34. 7070.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Officers and Employees [7070 - 7074] ( Article 3 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The board must appoint a secretary and treasurer at its first meeting, or as soon after as practical, and must appoint any other officers needed or convenient for the district’s business.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Officers and Employees [7070 - 7074] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7070. The board shall at its first meeting, or as soon thereafter as practical, appoint a secretary and treasurer. The board shall also appoint other officers that are necessary or convenient for the business of the district. (Amended by Stats. 1974, Ch. 378.)
  35. 7071.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Officers and Employees [7070 - 7074] ( Article 3 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    A director cannot also be treasurer. The secretary and treasurer are paid as the board decides and serve at the board’s pleasure.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Officers and Employees [7070 - 7074] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7071. A director shall not be treasurer. The secretary and treasurer shall receive the compensation determined by the board and shall serve at its pleasure. (Added by Stats. 1959, Ch. 1598.)
  36. 7072.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Officers and Employees [7070 - 7074] ( Article 3 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The board may hire district officers, employees, attorneys, engineers, and consultants, set their compensation, and define their authority and duties. In a specific city-board setup, the administrative officer has similar hiring and pay-setting power over district employees, but not attorneys, auditors, or consultants.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Officers and Employees [7070 - 7074] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7072. The board may, at any time, appoint or employ, fix the compensation of and prescribe the authority and duties of other officers, employees, attorneys, engineers and consultants necessary or convenient for the business of the district, each of whom shall serve at the pleasure of the board. When, pursuant to Section 7046, the legislative body of a city is the board of directors of a district, and appoints the administrative officer of the district, he shall have the authority to appoint, employ, and to fix the compensation of and prescribe the authority and duties of, the employees of the district, excluding attorneys, auditors or consultants. The employees employed or appointed by the administrative officer shall serve at his pleasure. (Amended by Stats. 1965, Ch. 651.)
  37. 7073.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Officers and Employees [7070 - 7074] ( Article 3 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The board may require certain district officers, employees, or assistants to give a bond to the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Officers and Employees [7070 - 7074] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7073. The board may require the secretary, treasurer or other officers, employees or assistants of the district to give a bond to the district conditioned upon the faithful performance of his duties in an amount as the board may provide. (Added by Stats. 1959, Ch. 1598.)
  38. 7074.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Officers and Employees [7070 - 7074] ( Article 3 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The district treasurer must receive and safely keep all district money and follow the laws on depositing and securing public funds.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 3. Internal Organization [7040 - 7074] ( Chapter 3 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Officers and Employees [7070 - 7074] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7074. The treasurer shall receive and safely keep all moneys of the district. He shall comply with all provisions of law governing the deposit and securing of public funds. (Added by Stats. 1959, Ch. 1598.)
  39. 708.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    A person must have a license to act as a broker or salesperson in this state, and only the licensed person may do the licensed acts.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 708. (a) No person shall engage in the business of, act in the capacity of, advertise as, or assume to act as a broker or salesperson within this state without first obtaining a license under this article to do so. (b) Only the person to whom a license is issued may perform or offer to perform any act subject to this article. (c) No fictitious name shall be used by a broker in the conduct of any business for which a license is required under this article, unless a license bearing that fictitious name has been issued to the broker. (d) The department shall not issue a license under a fictitious business name which is the same as or similar to the fictitious business name on a license previously issued and in effect. (Amended by Stats. 1990, Ch. 561, Sec. 1.)
  40. 7080.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The district must run its elections as general district elections or special district elections, pay the county’s election costs, and issue certificates of election to winners.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7080. (a) Except for the first election, directors shall be elected at general district elections. All other elections are special district elections. The first general district election shall be held on the same day as and shall be fully consolidated with the next statewide direct primary which is held more than six months subsequent to the formation of the district and succeeding general district elections shall be held on the same day and shall be fully consolidated with the succeeding statewide direct primaries. (b) No notice of a general district election need be given. The precincts, polling places and election officers shall, within the district, be the same as those provided for the statewide direct primary and the elections shall be held in all respects as if there were only one election and only one form of ballot shall be used unless some precincts are not entirely the same for both elections, in which case separate ballots may be provided as necessary. (c) The district shall pay to the county the actual cost of the services rendered in conducting the election upon presentation to the board of a properly approved bill from the county. The returns shall be canvassed by the county officer or officers required to canvass the returns of the statewide direct primary and a certificate stating the result of the canvass shall be filed with the board who shall declare the result and declare elected the persons having the highest number of votes given for each office. (d) The certificate shall be retained in the district records and the results and declaration shall be entered on the minutes of the board. The secretary shall deliver to each person elected a certificate of election signed by the secretary and authenticated with the seal of the district. (Added by Stats. 1959, Ch. 1598.)
  41. 7081.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    Nomination papers for director must be signed by at least 25 registered electors in the district and filed with the secretary 40 to 65 days before the election.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7081. Nomination papers for the office of director shall be signed by 25 or more registered electors in the district and filed with the secretary not more than 65 nor less than 40 days before the day of election. Otherwise the directors shall be nominated in accordance with the provisions for independent nominations set forth in Part 2 (commencing at Section 8300) of Division 8 of the Elections Code so far as they may be applicable. (Amended by Stats. 1994, Ch. 923, Sec. 115. Effective January 1, 1995.)
  42. 7082.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    District elections are governed by applicable Elections Code rules, but local-election rules control over conflicting general-election rules, and this part controls over conflicting Elections Code provisions.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7082. The provisions of the Elections Code relating to the qualifications of electors, the manner of voting, the duties of election officers, the canvassing of returns, and all other particulars in respect to the management of general elections so far as they may be applicable shall govern all district elections, except: (a) To the extent that the provisions of the Elections Code pertaining to the conduct of local elections are inconsistent with the provisions of that code pertaining to general elections the provisions of the Elections Code pertaining to local elections shall control. (b) Inconsistent provisions of this part shall control over any provisions of the Elections Code. (Added by Stats. 1959, Ch. 1598.)
  43. 7083.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    If only one person is to be elected to an office, the candidate with the most votes must be declared elected.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7083. If there is but one person to be elected to an office, the candidate receiving the highest number of votes cast for the candidates for that office shall be declared elected. (Added by Stats. 1959, Ch. 1598.)
  44. 7084.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    When two or more people are being elected to an office, the candidates with the highest vote totals, equal in number to the seats to be filled, must be declared elected.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7084. If there are two or more persons to be elected to an office, those candidates equal in number to the number to be elected who receive the highest number of votes for the office shall be declared elected. (Added by Stats. 1959, Ch. 1598.)
  45. 7085.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    A proposition submitted at the election is carried if a majority of voters vote in favor, unless a higher number is required by law.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7085. If a proposition has been submitted at the election it shall be declared carried if a majority of those voting thereon, or a higher number as may be required by law, vote in favor thereof. Otherwise it shall be declared defeated. (Added by Stats. 1959, Ch. 1598.)
  46. 7086.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    If another law does not already provide for it, a special district election must be called by resolution that lists the election date, poll hours, precincts and polling places, election officers, and the measures submitted to voters.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7086. Special district elections held under this part or under any other law shall be called, held and conducted as provided in this part or in said other law if it so provides, but if no provision is made therein the election shall be called by resolution which shall state: (a) The date of the election. (b) The hours during which the polls shall remain open. (c) The election precinct or precincts, the polling place or places and the names of the officers selected to conduct the election, who shall consist of one inspector, one judge and two clerks in each precinct. (d) The measure or measures to be submitted to the voters. (Added by Stats. 1959, Ch. 1598.)
  47. 7087.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    Election notice must be published in a newspaper in the district at least two weeks before the election, or posted in three public places if there is no local newspaper.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7087. Notice of the holding of the election shall be given by publishing the resolution calling the election pursuant to Section 6066 of the Government Code in at least one newspaper published in the district, the first publication to be at least two weeks prior to the date of the election. If there is no newspaper published in the district the resolution shall be posted in three public places in the district not less than two weeks prior to the date of the election. No other notice of the election need be given. (Added by Stats. 1959, Ch. 1598.)
  48. 7088.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    Election returns must be made, votes canvassed at least seven days after the election, and the result entered in the district records by the secretary once declared.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7088. The returns of the election shall be made, the votes canvassed at least seven days following the election, and the results thereof ascertained and declared in accordance with the provisions of the Elections Code, so far as they may be applicable, except as otherwise provided in this part. The secretary, as soon as the result is declared, shall enter in the district records a statement of the result. (Added by Stats. 1959, Ch. 1598.)
  49. 7089.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    Irregularities or informalities in a district election do not invalidate the election if it was otherwise fairly conducted.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7089. No irregularities or informalities in conducting any district election shall invalidate the same, if the election shall have been otherwise fairly conducted. (Added by Stats. 1959, Ch. 1598.)
  50. 709.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    Licensed brokers and licensed salesmen must not commit fraud or deceit, or make fraudulent or grossly negligent representations, in matters that require a license under this article.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 709. No licensed broker or licensed salesman shall practice any fraud or deceit or make any fraudulent or grossly negligent representation with respect to any act for which a license is required under this article. (Amended by Stats. 1983, Ch. 630, Sec. 1.)
  51. 7090.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The district must pay all expenses for district elections.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Elections Generally [7080 - 7090] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7090. All the expenses of district elections shall be borne by the district. (Added by Stats. 1959, Ch. 1598.)
  52. 71.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department may authorize concessions in harbors under its jurisdiction and may grant easements, rights of way, and permits for those harbors.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 71. The department may provide for the granting of concessions within the boundaries of harbors under the jurisdiction of the department in order to furnish the public with fuel, oil, food, and other facilities, and may grant easements, rights of way, and permits with respect to such harbors. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  53. 71.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department must protect small craft harbors under its jurisdiction and keep the peace there. It may adopt necessary rules, and violating those rules is a misdemeanor.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 71.2. (a) The department shall protect small craft harbors under its jurisdiction from damage and preserve the peace in those harbors. The director and the employees of the department that the director designates have the authority and powers conferred by law upon peace officers listed in Section 830.33 of the Penal Code for those harbors. The department may adopt rules and regulations that may be necessary for the purposes of this section. A violation of those rules or regulations is a misdemeanor. (b) A person found guilty of a misdemeanor violation of this section shall be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail not to exceed six months, or both that fine and imprisonment. (Amended by Stats. 2009, Ch. 610, Sec. 5. (SB 717) Effective January 1, 2010.)
  54. 71.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The division may make and restate certain loans for small craft harbor projects, and it must set loan interest rates, establish loan policies and standards, develop ranking criteria, and monitor facility rates tied to repayment.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 71.4. (a) (1) The division, subject to the approval of the Legislature in accordance with Section 85.2, may make loans to qualified cities, counties, or districts having power to acquire, construct, and operate small craft harbors, for the design, planning, acquisition, construction, improvement, maintenance, or operation of small craft harbors and facilities in connection with the harbors, and connecting waterways, if the division finds that the project is feasible. (2) The minimum annual rate of interest charged by the division for a loan shall be set annually by the division and shall be based on the Pooled Money Investment Account interest rate. (b) The division shall establish, by rules and regulations, policies and standards to be followed in making loans pursuant to this section so as to further the proper development and maintenance of a statewide system of small craft harbors and connecting waterways. To the greatest extent possible, the division shall adhere to customary commercial practices to ensure that loans made pursuant to this section are adequately secured and that the loans are repaid consistent with the terms of the loan agreement. Any rules and regulations shall include policies and standards for restrooms, vessel pumpout facilities, oil recycling facilities, and receptacles for the purpose of separating, reusing, or recycling all solid waste materials. (c) The division shall develop weighing and ranking criteria to qualify and prioritize the public loans. (d) A loan under this section shall be repaid as provided in Section 70. (e) Rates to be charged for the use of the boating facilities shall be established by the city, county, or district, subject to the approval of the division, in every loan contract. The division shall concern itself with the rates charged only as prescribed in Section 71.8. The rates set shall be based on a monthly berthing charge, and the division shall monitor these rates to ensure that the berthing charges are sufficient to ensure timely and complete repayment of the loan. (f) The division may restate an existing loan under this article, upon written request by the borrower. (Amended by Stats. 2017, Ch. 26, Sec. 65. (SB 92) Effective June 27, 2017.)
  55. 71.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department must encourage local agencies seeking certain harbor development loans to work with private enterprise on the project’s revenue-producing facilities.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 71.5. (a) The department shall encourage cities, counties, and districts that propose to apply for initial loan funding for new small craft harbor development projects pursuant to Section 71.4 to communicate and to work with private enterprise in order to determine if private business could construct and operate the projects’ revenue producing facilities under fair and reasonable terms. (b) No loan shall be made for the initial phase of new small craft harbor projects pursuant to Section 71.4 for those project facilities that produce revenues, unless the city, county, or district applying for the loan has held a public hearing on the feasibility of a private concessionaire or lessee constructing and operating the proposed project under a contract with the applicable public agency. (c) Notice of a hearing held pursuant to subdivision (b) shall be published in accordance with Section 6066 of the Government Code and in two publications of general circulation of special interest to the recreational boating community. (Added by Stats. 1984, Ch. 721, Sec. 1.)
  56. 71.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    Transfers or loans under Sections 70 or 71.4 to a city, county, or district are restricted unless voter approval or a harbor-revenue security arrangement applies.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 71.6. A transfer pursuant to Section 70 or a loan pursuant to Section 71.4 shall not be made to a city, county, or district if it would provide for an indebtedness or liability contrary to the provisions of Section 18 of Article XI of the Constitution unless, at an election called by the governing body of the city, county, or district two-thirds of the qualified electors thereof voting thereat have authorized the governing body to accept, expend, and repay the amount of the indebtedness or liability under this chapter; nor shall such transfer or loan be made if written protest thereto signed by owners of one-half or more of the assessed valuation of taxable property in said city, county, or district is received by the governing body of such city, county, or district. Such election shall be held in accordance with provisions of law for the incurring of bonded indebtedness by the city, county, or district, as near as the same may be applicable. Except as may be prohibited by this section, a transfer pursuant to Section 70 or a loan pursuant to Section 71.4 may be made to a city, county, or district and it may accept such a transfer or loan, notwithstanding any other provision of law limiting or prohibiting the creation of any indebtedness on the part of the city, county, or district. A transfer pursuant to Section 70 or a loan pursuant to Section 71.4 may be made to a city, county, or district without an election if the transfer or loan agreement provides that payments shall be made from the gross revenues of a small craft harbor, and that such gross revenues shall constitute security for such payments. Gross revenues of a small craft harbor include all charges received from, and all other income and receipts derived by the city, county, or district from, the operation of a small craft harbor. Gross revenues include any income received by such governmental entity from any concession or other contract operations had by the entity on its harbor facilities, but does not include gross revenues to a concessioner. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  57. 71.7.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The division and the County of Sonoma may renegotiate loan payments for Spud Point Marina to address the marina’s fiscal problems.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 71.7. Notwithstanding any other provision of this chapter, Section 82, or any contract or agreement to the contrary, loan payments on the loan on behalf of Spud Point Marina in the County of Sonoma, as authorized by Schedule (b)(8) of Item 3680-101-516 of Section 2.00 of the Budget Act of 1982, and administered by the division, may be renegotiated by the division and the County of Sonoma, to solve the fiscal problems involving the marina existing on the effective date of this section as enacted during the 1994 portion of the 1993–94 Regular Session. (Amended by Stats. 2013, Ch. 353, Sec. 112. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  58. 71.7.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

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    Sonoma County may provide marina facilities and set berthing rates at Spud Point Marina, but it must give 30 days’ notice before changing rates and follow the section’s limits.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 71.7.5. Notwithstanding any other provision of this chapter, Section 40 of this code, Section 30233 of the Public Resources Code, or any contract or agreement to the contrary, Sonoma County may provide facilities at the Spud Point Marina for commercial, recreational, or other vessels, in numbers that it determines appropriate, subject only to the following: (a) Sonoma County may maintain an advisory committee for the Spud Point Marina, whose membership is representative of the marina users, and shall give the advisory committee at least 30 days’ notice before changing any berthing rates at the Spud Point Marina, and shall consider, but is not obligated to follow, any recommendations of the advisory committee. (b) Sonoma County may establish different berthing rates and any other charges for commercial, recreational, or other vessels, if the board of supervisors determines that the differing rates or charges are in the public interest, and if any loans from the department are outstanding, are necessary to provide revenue to repay those loans. However, if any loans are outstanding, berthing rates at the Spud Point Marina for recreational vessels shall not exceed the highest rates charged for berthing within the Spud Point Marina market area for recreational vessels. (Added by Stats. 2008, Ch. 298, Sec. 1. Effective January 1, 2009.)
  59. 71.8.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

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    A harbor financing contract must require the local governing body to make payments, operate and maintain the facilities, keep them repaired, insure them, and set sufficient fees; the department and Department of General Services also have approval and enforcement roles.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 71.8. (a) A contract or agreement for a transfer pursuant to Section 70 or a loan pursuant to Section 71.4, for which gross revenues of a small craft harbor are made the security for repayment shall include, but is not limited to, provisions requiring the governing body of the city, county, or district to perform all the following: (1) Punctually pay all installments of principal and interest on money owed to the state. (2) Continuously operate in an efficient and economical manner all small craft harbor facilities acquired, constructed, improved, or completed in full or in part as a result of transfers or loans by the state. (3) Make all repairs, renewals, and replacements necessary to the efficient operation of the small craft harbor facilities and to keep the facilities in good repair at all times. (4) Preserve and protect the security interest of the state in all respects by procuring insurance on the facilities in an amount and of the type approved by the department. (5) Subject to subdivision (c), periodically fix, prescribe, and collect fees, rentals, or other charges for services and facilities of the small craft harbor facilities sufficient to produce gross revenues adequate for payment of the following amounts in the order set forth: (A) All installments of principal and interest on money owed the state as they come due. (B) All expenses of operation, maintenance, and repair of the small craft harbor facilities. (C) Any additional sums as may be required by the department for any sinking fund, reserve fund, or other special fund established for the further security of the loan or transfer or as a depreciation or other charge in connection with the small craft harbor facilities. (6) Repay loans with regard to the revenue-producing features, as determined by the department, constructed under the loan over a period not to exceed 30 years. (7) Repay loans with regard to the non-revenue-producing features, as determined by the department, constructed under the loan over a period not to exceed 50 years. (b) The department may require the contract or agreement to include a requirement that installments of principal and interest on money owed the state shall be paid from gross revenues prior to any other expenditures from those revenues. No loan of funds shall be made to a city, county, or district unless the loan is approved by the department as conforming to the policies established by the department. A contract or agreement shall not be effective until approved by the Department of General Services for legality, form, and completeness. (c) The fees for the use of launching ramps in a small craft harbor shall not exceed the sum of the following: (1) The costs of operation and maintenance of the launching ramp and related harbor facilities, including, but not limited to, access to the ramp from the shore and the ocean. (2) The prorated capital costs of that portion of the facility which is determined by the governing body of the small craft harbor or boating facility to be necessary to pay amounts specified in paragraph (5) of subdivision (a). (d) If the city, county, or district defaults on the payment of money owed the state, or otherwise fails to perform in accordance with the terms and conditions of the contract or agreement, the state shall recover the defaulted loan and the department may assume the operation and maintenance of the harbor or facility or enter into one or more contracts for its operation and maintenance. (Amended by Stats. 2009, Ch. 610, Sec. 7. (SB 717) Effective January 1, 2010.)
  60. 71.9.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

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    A city, county, or district may use certain excess waterfront-related revenues for waterfront improvements, recreational programs, and buying waterfront property in its jurisdiction.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 71.9. A city, county, or district may use any excess revenues from rates enacted pursuant to Section 71.4 or from other fees, rates, rents, or charges for services in excess of those revenues required to comply with Section 71.8 and with any agreement entered into pursuant to Section 70, for waterfront improvements, waterfront recreational programs, and purchases of other waterfront property in the waterfront area under its jurisdiction. This section does not in any way affect the duties and obligations imposed upon a city, county, or district by any statute granting to any city, county, or district any state-owned tide or submerged lands. (Added by Stats. 1979, Ch. 432.)
  61. 710.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    This section says certain people and transactions are not treated as “broker” or “salesperson” under Section 701.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 710. The definitions of “broker” and “salesperson,” as set forth in Section 701, do not include the following: (a) A person who directly performs any act subject to this article with reference to a yacht owned by that person or, in the case of a corporation which, through its regular officers receiving no special compensation therefor, performs any act subject to this article with reference to the corporation’s yacht. (b) Services rendered by an attorney at law in performing duties as an attorney at law. (c) Any receiver, trustee in bankruptcy, or other person acting under the order of any court. (d) Any transaction involving the sale of property subject to foreclosure of a security interest in a yacht which is conducted only by the holder of the security interest or by a person licensed pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code when liquidating repossessed collateral pursuant to the written request of the holder of the security interest. (e) Any transaction involving the sale, lease, or rental of a yacht in excess of 300 gross tons or tenders thereof sold at the same time. (f) Any transaction involving the sale, lease, or rental of a new yacht or ship. (g) Any transaction in the regular course of business by a wholesale motor vehicle auction subject to regulation by the Department of Motor Vehicles. (Amended by Stats. 1995, Ch. 526, Sec. 2. Effective January 1, 1996.)
  62. 7100.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Appointments in Lieu of Election [7100 - 7101] ( Article 2 added by Stats. 1959, Ch. 1598. )

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    An election must not be held if, by the tenth day after nominations close, only one person has been nominated for each director position and no qualifying petition signed by 5% of district voters has been presented to the board of supervisors.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Appointments in Lieu of Election [7100 - 7101] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7100. If, on the tenth day after the time for nominating directors has expired, only one person has been nominated for each of the positions of director to be filled at that election and a petition signed by 5 percent of the voters of the district requesting that the election be held has not been presented to the board of supervisors, an election shall not be held. (Added by Stats. 1959, Ch. 1598.)
  63. 7101.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Appointments in Lieu of Election [7100 - 7101] ( Article 2 added by Stats. 1959, Ch. 1598. )

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    If there is no election, the county board of supervisors must appoint the nominated persons as directors at its next regular meeting, and they then qualify, take office, and serve as if elected.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Appointments in Lieu of Election [7100 - 7101] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7101. In such case the board of supervisors of the county in which the district is situated shall, at its next regular meeting, appoint to the positions of directors those persons nominated, and the person shall qualify, take office, and serve exactly as if elected at the general district election. (Added by Stats. 1959, Ch. 1598.)
  64. 711.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    A broker or salesman in this state cannot sue to collect compensation for article-related acts unless they allege and prove they were properly licensed when the claim arose.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 711. No person engaged in the business or acting in the capacity of a licensed broker or salesman within this state shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this article without alleging and proving that he was a duly licensed broker or licensed salesman at the time the alleged cause of action arose. (Added by Stats. 1978, Ch. 453.)
  65. 712.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    Licensed brokers and salesmen have limits on who may be paid for brokerage-related work, with a narrow exception for commissions paid by a licensed broker to an out-of-state or foreign broker.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 712. (a) No licensed broker shall employ or compensate, directly or indirectly, any person for performing any of the acts within the scope of this article who is not a licensed broker or salesman licensed under the broker employing or compensating him or her, except that a licensed broker may pay a commission to a broker of another state or country. (b) No salesman shall accept compensation for performing any of the acts within the scope of this article from any person other than the broker under whom the salesman is at the time licensed. (c) No licensed salesman shall pay any compensation for performing any of the acts within the scope of this article to any broker licensed under this article, except through the licensed broker under whom the salesman is at the time licensed. (Amended by Stats. 1983, Ch. 630, Sec. 2.)
  66. 7120.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Initiative; Referendum; Recall [7120 - 7121] ( Article 3 added by Stats. 1959, Ch. 1598. )

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    A district may enact ordinances by initiative, using the same process and effect as county ordinances under the Elections Code.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Initiative; Referendum; Recall [7120 - 7121] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7120. Ordinances may be enacted by and for any district by initiative in the same manner and with the same effect as ordinances of counties under Article 1 (commencing at Section 9100) of Chapter 2 of Division 9 of the Elections Code and the terms used therein shall have the following meanings: (a) “County” shall mean district. (b) “Board of supervisors” shall mean board. (c) “Elections official” shall mean secretary. (Amended by Stats. 1994, Ch. 923, Sec. 116. Effective January 1, 1995.)
  67. 7121.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Initiative; Referendum; Recall [7120 - 7121] ( Article 3 added by Stats. 1959, Ch. 1598. )

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    Most ordinances do not take effect until 30 days after passage, with exceptions for election-related ordinances and certain urgent public-safety ordinances.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 4. Elections [7080 - 7121] ( Chapter 4 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Initiative; Referendum; Recall [7120 - 7121] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7121. (a) No ordinance shall become effective until 30 days from and after the date of its passage, except the following: (1) An ordinance calling or otherwise relating to an election. (2) An ordinance for the immediate preservation of the public peace, health, or safety, that contains a declaration of, and the facts constituting, its urgency, and is passed by a four-fifths vote of the board. (b) Prior to the effective date thereof ordinances shall be subject to referendum in the same manner and with the same effect as ordinances of counties under Article 2 (commencing with Section 9140) of Chapter 2 of Division 9 of the Elections Code and terms used therein shall have the meanings set forth in Section 7120. (Amended by Stats. 1994, Ch. 923, Sec. 117. Effective January 1, 1995.)
  68. 713.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    A partnership may do broker-licensed acts if every partner acting for it is a licensed broker.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 713. Nothing contained in this article shall preclude a partnership from performing acts for which a broker’s license is required, provided every partner through whom the partnership so acts is a licensed broker. (Added by Stats. 1978, Ch. 453.)
  69. 714.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    Licensed brokers who receive funds in covered transactions must place them in neutral escrow or a trust fund account, keep them there until disbursement under written instructions, and keep a separate record; licensed salespersons must deliver received funds to their broker.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 714. A licensed broker who accepts funds from others in connection with any transaction subject to this article who does not, as soon as possible, place those funds into a neutral escrow depository, shall place the funds into a trust fund account maintained by the broker in some bank or recognized depository and shall retain all the funds in the account until the broker makes a disbursement of the funds in accordance with written instructions from the person entrusting the money. The written instructions shall also set forth the specific purposes for which the broker may use money deposited with him or her. If the broker wishes to use money from the deposit for a purpose not included in the written instructions, the broker shall first obtain the written consent of the person entrusting the money specifically authorizing the use proposed by the broker for the money. The written consent may be given to the broker by a letter or facsimile. A separate record shall be maintained of all moneys received subject to this section and shall further indicate the disposition thereof. Any funds received by a licensed salesperson shall be delivered by the salesperson to the broker under whom the salesperson is at the time licensed. As used in this section, “neutral escrow” means an escrow business conducted by a person licensed under Division 6 (commencing with Section 17000) of the Financial Code or by any person described by subdivision (a) or (c) of Section 17006 of the Financial Code. (Amended by Stats. 2000, Ch. 508, Sec. 2. Effective January 1, 2001.)
  70. 7140.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. )

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    The district may exercise powers granted by this part, other law, or powers necessarily implied, and may do whatever is necessary to carry out this part.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. ) ## 7140. The district may exercise the powers expressly granted in this part or in any other law or necessarily implied therefrom. The district has the power generally to perform all acts necessary to carry out fully the provisions, powers and purposes of this part. (Added by Stats. 1959, Ch. 1598.)
  71. 7141.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. )

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    The district has perpetual succession.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. ) ## 7141. The district has perpetual succession. (Added by Stats. 1959, Ch. 1598.)
  72. 7142.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. )

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    The district may sue and be sued in competent courts and tribunals.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. ) ## 7142. The district may sue and be sued in all actions and proceedings, in all courts and tribunals of competent jurisdiction. (Added by Stats. 1959, Ch. 1598.)
  73. 7143.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. )

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    The district may levy and collect taxes to pay debt, contract or lease amounts, and other expenses or claims tied to carrying out this part.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. ) ## 7143. The district may levy and cause to be collected taxes for the purpose of paying the principal of and interest on any indebtedness, whether evidenced by bonds, notes, or other similar evidences of indebtedness, or to pay amounts required by contracts or leases, or to pay any other expenses or claims incurred in carrying out fully the provisions, powers and purposes of this part. (Added by Stats. 1959, Ch. 1598.)
  74. 7144.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. )

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    The district may make contracts when they are necessary or convenient to fully exercise its powers.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. ) ## 7144. The district may make contracts for any and all purposes necessary or convenient for the full exercise of its powers. (Added by Stats. 1959, Ch. 1598.)
  75. 7145.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The district may employ labor, professional services, agents, servants, and employees needed to manage, maintain, and control the harbor and carry out its powers.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. ) ## 7145. The district may employ labor, professional services, agents, servants and employees necessary to manage, maintain, and control the harbor and to enable the district to exercise its powers. (Added by Stats. 1959, Ch. 1598.)
  76. 7146.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The district may acquire, hold, use, lease, and dispose of real and personal property needed to exercise its powers, even if the property is inside or outside the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. ) ## 7146. The district may take by grant, purchase, gift, devise or lease or other acquisition, hold, use, enjoy, lease or dispose of real and personal property of every kind, within or without the district necessary to the full or convenient exercise of its powers. (Added by Stats. 1959, Ch. 1598.)
  77. 7147.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The district may use eminent domain to acquire property needed for its powers, and may do so outside the district only with county or city consent.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. ) ## 7147. The district may acquire by eminent domain any property necessary, convenient or useful to the exercise of its powers, but may exercise the power to acquire property outside the district by eminent domain only with the consent of the governing body of the county, or city if any, in which the property is located. (Amended by Stats. 1975, Ch. 582.)
  78. 7148.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. )

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    A public agency may, with prior written consent from the State Lands Commission, let a district formed under this part take over some or all of the agency’s rights and jurisdiction in specified lands.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. ) ## 7148. Any county, city and county, city, or other political subdivision or agency of the State, in this section referred to as “public agency,” which has been invested by grant from the State with the ownership, possession, control or management of tide and submerged lands or any other lands lying under, washed by or abutting the Pacific Ocean, or inland waters of the State, including the beds of navigable rivers, streams, lakes, bays, estuaries, inlets and straits, may, with the prior written consent of the State Lands Commission, agree in writing that any district formed pursuant to this part shall for the term stated in the writing have all or any right, title and interests of any such public agency and exercise all or any jurisdiction of any such public agency in the lands over the lands or any portion thereof. (Added by Stats. 1959, Ch. 1598.)
  79. 7149.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The district may acquire, build, improve, maintain, operate, and otherwise manage a harbor and related facilities.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. ) ## 7149. The district may acquire, construct, reconstruct, improve, repair, develop, maintain, and operate a harbor and all facilities appurtenant thereto, connected therewith, or incidental thereto, including, but not limited to, all of the following: (a) The dredging of channels, shipways, berths, anchorage places, and turning basins. (b) The acquisition, reconstruction, repair, and maintenance of jetties, breakwaters, bulkheads, seawalls, wharves, docks, ways, ferry slips, warehouses, streets, roads, drives, parkways, avenues, approaches, marinas, aquatic playgrounds, beach parks, bathing beaches, and other recreation facilities, together with structures and facilities incidental thereto. (c) The acquisition, construction, reconstruction, repair, maintenance, operation, development, and regulation of fueling, loading and unloading, towing, repair, warehousing, shipping and reshipping, and other facilities, aids, equipment, or property necessary for, or incidental to, the development and operation of the harbor. (d) The acquisition, construction, reconstruction, repair, maintenance, and operation of fireboats, sanitary, and other facilities necessary for the proper protection of the harbor. (Added by Stats. 1986, Ch. 195, Sec. 29.)
  80. 715.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    A licensed broker must give the seller and purchaser a written closing statement within one month after a yacht sale closes, and must sign it.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 715. Within one month after the closing of a transaction in which title to a yacht is conveyed from a seller to a purchaser through a licensed broker, the licensee shall provide, or cause to be provided to the seller and purchaser, a closing statement in writing of the selling price thereof, including all charges and credits which shall be itemized, and in the event an exchange of yachts is involved, the information shall include a description of the yachts and amount of added money consideration, if any. The licensee shall affix his or her signature to the closing statement to attest to the facts provided in the closing statement. If the transaction is closed through escrow and the escrowholder renders a closing statement which reveals the information, that shall be deemed compliance with this section on the part of the licensed broker. (Amended by Stats. 1998, Ch. 475, Sec. 1. Effective January 1, 1999.)
  81. 7150.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The district may lease real or personal property, and any interest in it, to or from persons, firms, corporations, or public agencies, including arrangements with a purchase option or similar privilege.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. ) ## 7150. The district may lease any property, whether real or personal, and any interest therein to, of and from any person, firm or public or private corporation, or public agency with the privilege of purchasing or otherwise. (Added by Stats. 1959, Ch. 1598.)
  82. 7151.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The district may join with the United States, the State, local governments, or public or private corporations to carry out district powers.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. ) ## 7151. The district may join with the United States or any department or agency thereof, the State or any department or agency thereof, any county, city and county, city, district or other public or private corporation, or one or more or any other combination of the foregoing, for the purpose of carrying out any of the powers of the district, including, without limitation, provisions for the financing of acquisitions, constructions, developments and operations. (Added by Stats. 1959, Ch. 1598.)
  83. 7152.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The board may adopt ordinances to make general harbor rules and manage harbor operations, including vessel handling, facility fees, pilot supervision, construction on district property, and harbor licenses and permits.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. ) ## 7152. The board may, by ordinance, establish general rules for the government of the harbor, including, without limiting the generality of the foregoing: (a) The regulation of anchoring, mooring, towing, wharfage and dockage of vessels and the establishment and collection of rates, fees and charges therefor. (b) The establishment and collection of rates, fees and charges for service from or use of any of the facilities owned, controlled, furnished or operated by the district. (c) The supervision of pilots and the pilotage of all vessels within the harbor and the establishment and collection of fees and charges therefor. (d) The regulation of the construction of wharves, docks, buildings and improvements of all types on property owned or controlled by the district. (e) The issuance of licenses and permits for privileges to be exercised in and about the harbor upon equal terms and the establishment and collection of rates, fees and charges therefor. (Added by Stats. 1959, Ch. 1598.)
  84. 7153.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The district may build works along, under, or across streets, roads, or watercourses, but must pay compensation if required and do so in a way that protects life and property.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. ) ## 7153. The district may construct any works along, under, or across any street, road, or watercourse upon payment of compensation therefor, if required, in a manner that will afford security for life and property. (Added by Stats. 1986, Ch. 195, Sec. 30.)
  85. 7154.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The district may use land it owns or has acquired for street or highway purposes, and the board may authorize a deed conveyance when needed or expedient.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. ) ## 7154. The district may use any lands acquired or owned by the district for street or highway purposes. If it is necessary or expedient to convey any of the lands owned by the district for street or highway purposes, the board, by resolution, may authorize the president and secretary to execute the deed to the public entity entitled thereto and deliver it to the proper authority representing the grantee. (Added by Stats. 1986, Ch. 195, Sec. 31.)
  86. 7155.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The district may sell and issue franchises for the harbor and related property, following any procedure set by ordinance.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. ) ## 7155. The district may sell and issue franchises relating to the harbor and its works, appurtenances, properties, and rights in accordance with procedure as may be prescribed by ordinance. (Added by Stats. 1986, Ch. 195, Sec. 32.)
  87. 7156.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The district may advertise its advantages and solicit business inside or outside the district, including in other states or foreign countries, using employees or agents as it sees fit.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. ) ## 7156. The district may advertise its advantages and solicit business within or without the district, within other states or any foreign countries through such employees or agents as are expedient. (Added by Stats. 1986, Ch. 195, Sec. 33.)
  88. 7158.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The district may accept aid from public or private sources. Certain counties and cities within the district may also provide money for the uses or purposes listed in Section 7149.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 5. Powers [7140 - 7158] ( Chapter 5 added by Stats. 1959, Ch. 1598. ) ## 7158. The district may accept aid from the United States or any department or agency thereof or from the State or any department or agency thereof and from any county, city and county, city, district or other public or private corporation or person. Any county, or city and county, or city, any portion of which is within the district may provide such money as in the opinion of its legislative body may be required, necessary or expedient to be provided in aid of any of the uses or purposes set forth in Section 7149. (Added by Stats. 1959, Ch. 1598.)
  89. 716.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    A broker must get signed written authorization from the broker’s principal before doing licensed transactions, and must give a copy of any written authorization to the person who signs it.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 716. (a) No broker shall engage in any transaction for which a license is required under this article without first obtaining a signed written authorization to do so from the broker’s principal. An authorization to sell shall contain a description of the vessel, including the undocumented vessel’s registration number or the name, official number, and home port if the vessel is documented with a federal agency. The written authorization shall also state the type of listing, the gross listing price, the agreed upon commission or other compensation of the broker, and any repairs authorized to be made. (b) An offer to purchase shall contain the description of the yacht, including the undocumented vessel’s registration number or the name, official number, and home port if the vessel is documented with a federal agency. The written authorization to purchase shall also state the amount of deposit, terms of the sale, and any contingencies or conditions under which a deposit shall not be returned if the sale is not completed. (c) When a broker prepares, or there is prepared on behalf of a broker, a written authorization to sell or purchase, the broker shall deliver a copy of the written authorization to the person executing it. Receipt of the copy shall be made on the face of the original written authorization. (Amended by Stats. 1990, Ch. 561, Sec. 3.)
  90. 717.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    A broker license application must be made on department-prescribed forms, signed by the applicant, and accompanied by the broker license examination fee.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 717. Application for a license as a broker shall be made on forms prescribed by the department and shall be signed by the applicant. The application shall be accompanied by the broker license examination fee. (Added by Stats. 1978, Ch. 453.)
  91. 7170.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. General [7170 - 7176] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    A district may borrow money, take on debt, and issue bonds or similar debt instruments under this part.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. General [7170 - 7176] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7170. A district may borrow money, incur indebtedness, and issue bonds or other evidences of indebtedness as provided in this part. (Added by Stats. 1959, Ch. 1598.)
  92. 7171.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. General [7170 - 7176] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    A district may issue warrants to pay its formation expenses, and the warrants may be repayable within two years and bear interest up to 6% per year.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. General [7170 - 7176] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7171. A district may issue warrants payable in not to exceed two years from their date, to pay the formation expenses of the district, which warrants may bear interest at a rate of not exceeding 6 percent per annum from date of issue until paid, which formation expenses may include fees of attorneys and others employed to conduct formation proceedings. (Added by Stats. 1959, Ch. 1598.)
  93. 7172.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. General [7170 - 7176] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    Claims for money or damages against the district follow specified Government Code rules, and most claims must be approved in writing by the president, a designated board member, or the board in open meeting.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. General [7170 - 7176] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7172. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. Except for bonds and interest coupons which shall be paid when due, all claims shall be approved in writing by the president or a member of the board designated for such purpose, or approved by the board in open meeting. (Amended by Stats. 1963, Ch. 1715.)
  94. 7173.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. General [7170 - 7176] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The treasurer must draw warrants, and the president or a designated board member and the secretary must sign them.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. General [7170 - 7176] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7173. Warrants shall be drawn by the treasurer and signed by the president, or a member of the board designated for the purpose and by the secretary. (Added by Stats. 1959, Ch. 1598.)
  95. 7174.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. General [7170 - 7176] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The treasurer must install and maintain an auditing and accounting system for the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. General [7170 - 7176] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7174. The treasurer shall install and maintain a system of auditing and accounting that shall completely and at all times show the financial condition of the district. (Added by Stats. 1959, Ch. 1598.)
  96. 7175.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. General [7170 - 7176] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The treasurer must give the board written reports about receipts, disbursements, and balances, at least annually and more often if the board orders. The report must be signed and filed with the secretary.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. General [7170 - 7176] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7175. The treasurer shall make annual, or oftener if the board so orders, written reports to the board as to the receipts and disbursements and balances in the several accounts under his control. The report shall be signed by him and filed with the secretary. At least yearly the books and accounts of the district shall be audited by an independent certified public accountant or public accountant or firm of certified public accountants or public accountants employed by the district. (Added by Stats. 1959, Ch. 1598.)
  97. 7176.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. General [7170 - 7176] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    A bank may serve as depositary, paying agent, or fiscal agent for district funds, even if a board member is connected to the bank.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. General [7170 - 7176] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7176. A bank may act as depositary, paying agent or fiscal agent for the holding or handling of district funds, notwithstanding the fact that a member of the board is an officer, employee or stockholder of the bank, or of a holding company that owns any of the stock of the bank. (Added by Stats. 1959, Ch. 1598.)
  98. 718.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    A salesman license application must be made on department-prescribed forms, signed by the applicant and employing broker, and accompanied by the examination fee.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 718. Application for a license as a salesman shall be made on forms prescribed by the department and shall be signed by the applicant and by the employing broker. The application shall be accompanied by the salesman license examination fee. (Added by Stats. 1978, Ch. 453.)
  99. 719.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    A person may submit a broker’s license application only if the department’s records show the person meets the listed qualifications.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 719. (a) A person shall be deemed qualified to submit an application for a broker’s license if, as shown on the department’s records, the person meets all of the following requirements: (1) Is at least 18 years of age. (2) Has not been cited for a violation of this article within the preceding two years. (3) Possesses a working knowledge and understanding of the principles of the yacht brokerage business and profession. (4) Either has been employed within five years preceding his or her application as a California licensed salesperson for at least one year, has been licensed as a California broker within five years preceding his or her application, has owned and operated a marine business selling new or used yachts for a minimum of three continuous years, or has been employed as a broker or a yacht salesperson in another state where that employment was a primary occupation for a minimum of three continuous years immediately preceding application for a broker’s license in California. Proof of employment as a broker in another state or as an employee of a marine business selling new or used yachts in California shall be in the form of all of the following: (A) State, if applicable, and federal income tax returns, or a proof of earning statement made by the applicant under penalty of perjury, for the three-year period preceding the filing of the application in California. (B) If bonded, a statement issued by the applicant’s bonding company that no action has been taken against the bond for fraud or gross misrepresentation for the period for which the bond has been issued. (C) A copy of all business permits, issued by any state, county, or city agency, which, if applicable, includes the fictitious business name (“dba” or “doing business as”) under which the applicant conducted a yacht or ship brokerage business or a marine business selling new or used yachts in California for the three-year period preceding application for a California broker’s license. (D) If the applicant conducts a yacht or ship brokerage business in another state that requires broker or salesperson licensing, evidence of a current license issued by that state. (b) If the applicant is a partnership, then one of the partners of the applicant shall have the foregoing qualifications. (c) If the applicant is a corporation, then the officer or officers of the corporation to be designated for a license as provided in this article shall have the foregoing qualifications. (Amended by Stats. 2000, Ch. 380, Sec. 2. Effective January 1, 2001.)
  100. 7190.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Alternative—County Treasurer as Depositary [7190 - 7195] ( Article 2 added by Stats. 1959, Ch. 1598. )

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    The board may choose the county treasurer as the district’s depositary for all district money, and must file the resolution with the county treasurer.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Alternative—County Treasurer as Depositary [7190 - 7195] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7190. As an alternative to the procedures of Article 1 (commencing at Section 7170) the board may by resolution designate the county treasurer of the county in which the district is situated to be the depositary and have the custody of all the district’s money. The resolution shall be filed with the county treasurer. (Added by Stats. 1959, Ch. 1598.)
  101. 7191.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Alternative—County Treasurer as Depositary [7190 - 7195] ( Article 2 added by Stats. 1959, Ch. 1598. )

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    The county treasurer must receive and receipt for district money, deposit it in the county treasury to the district’s credit, and is responsible for its safekeeping and disbursement while held.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Alternative—County Treasurer as Depositary [7190 - 7195] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7191. The county treasurer shall: (a) Receive and receipt for all the district’s money and place it in the county treasury to the credit of the district. (b) Be responsible upon his official bond for the safekeeping and disbursing of all district money so held by him. (Added by Stats. 1959, Ch. 1598.)
  102. 7192.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Alternative—County Treasurer as Depositary [7190 - 7195] ( Article 2 added by Stats. 1959, Ch. 1598. )

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    The county treasurer must pay district bond and coupon amounts when due, and may pay other district sums only if the county auditor issues warrants.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Alternative—County Treasurer as Depositary [7190 - 7195] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7192. The county treasurer shall pay, when due, out of district money, all sums payable on outstanding bonds and coupons of the district; and the county treasurer shall pay any other sums out of district money, or any portion thereof, only upon warrants of the county auditor. (Added by Stats. 1959, Ch. 1598.)
  103. 7193.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Alternative—County Treasurer as Depositary [7190 - 7195] ( Article 2 added by Stats. 1959, Ch. 1598. )

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    The county auditor must draw warrants to pay district claims once they are approved in writing by the president, a designated board member, or by the board in an open meeting.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Alternative—County Treasurer as Depositary [7190 - 7195] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7193. The county auditor shall draw warrants to pay claims made against the district when the claims have been approved in writing by the president or a member of the board designated for the purpose or approved by the board in open meeting. (Amended by Stats. 1961, Ch. 2012.)
  104. 7194.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Alternative—County Treasurer as Depositary [7190 - 7195] ( Article 2 added by Stats. 1959, Ch. 1598. )

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    The county treasurer must send written reports to the board four times a year and the report must be verified and filed with the secretary.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Alternative—County Treasurer as Depositary [7190 - 7195] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7194. The county treasurer shall report in writing on the first day of July, October, January and March of each year to the board with respect to each of the following: (a) The amount of money he then holds for the district. (b) The amount of receipts since his last report. (c) The amount paid out since his last report. The report shall be verified and filed with the secretary. (Added by Stats. 1959, Ch. 1598.)
  105. 7195.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Alternative—County Treasurer as Depositary [7190 - 7195] ( Article 2 added by Stats. 1959, Ch. 1598. )

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    The county board of supervisors must determine the charge the district must pay for specified county treasurer or county auditor services.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Alternative—County Treasurer as Depositary [7190 - 7195] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7195. The board of supervisors of the county shall determine the charge to be made against the district for any services of either or both of: (a) The county treasurer as custodian of the district’s money. (b) The county auditor in drawing warrants to pay demands, made and approved, against the district. (Added by Stats. 1959, Ch. 1598.)
  106. 72.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

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    Local legislative bodies must get department approval and publish a bid notice before leasing certain small craft harbor facilities.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 72. (a) If the legislative body of a city, county, or district has acquired, constructed, or improved small craft harbor facilities pursuant to an agreement or contract for a transfer pursuant to Section 70, or a loan pursuant to Section 71.4, the facilities may not be leased in whole or in part to a private concessionaire or lessee until the legislative body has published a notice pursuant to Section 6066 of the Government Code inviting bids and has otherwise complied with this section. Prior to publication of the notice, the legislative body shall obtain the approval of the department to the proposed leasing of the harbor facility and to the terms and conditions of the proposed lease. The notice shall distinctly and specifically describe the harbor facilities that are to be leased and set forth the period of the time for which the facilities are to be leased, and the minimum rental to be paid under the lease. The notice shall recite that the lease will reserve to the legislative body the power to fix and determine the rates to be charged by the lessee for the use by the public of the facilities. The notice also shall prominently display the statement that award of the lease by the legislative body is subject to final approval by the department, and fix a time and place for the opening of bids by the legislative body. (b) At the time and place fixed in the notice, the legislative body shall meet and consider all bids that have been submitted. The lease shall be awarded to the highest responsible bidder, but the award shall become final only after the award by the legislative body has been approved by the department. (Amended by Stats. 2009, Ch. 610, Sec. 8. (SB 717) Effective January 1, 2010.)
  107. 72.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    A city, county, or district legislative body may lease certain small craft harbor land or water areas without public bidding, but only after a public hearing and department approval.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 72.2. (a) Notwithstanding other provisions of this chapter, if the legislative body of a city, county, or district has acquired, constructed or improved small craft harbor facilities pursuant to an agreement or contract for a transfer pursuant to Section 70 or a loan pursuant to Section 71.4 under circumstances in which the proposed lease area is land or water area and the terms of the proposed lease call for the lessee to install or construct all improvements, the land or water area may be leased by the legislative body without public bidding, but only after a public hearing, public notice of which shall be given by publication for not less than once a week for two weeks in a newspaper of general circulation published in the county in which the land lies. (b) Prior to publication of the public notice the legislative body shall obtain the written approval of the department to the proposed leasing of the harbor facility and the provisions of the proposed public notice. The public notice shall describe the land or water area that is to be leased, describe in general terms the nature of the development desired by the legislative body, and set forth the period of time for which the land or water area is to be leased, and the minimum rental to be paid under the lease. The public notice shall recite that the lease will reserve to the legislative body the power to fix and determine the rates to be charged by the lessee for the use by the public of facilities developed by the lessee. The public notice also shall contain a prominent statement that award of the lease by the legislative body is subject to final approval by the department, and fix a time and place for the public hearing by the legislative body. The public notice shall invite proposals for leasing from any and all interested parties. (c) At the time and place fixed in the public notice of hearing, the legislative body shall meet and consider the lease proposal submitted. The award of the lease shall become final only after the award by the legislative body has been approved by the department. (Amended by Stats. 2009, Ch. 610, Sec. 9. (SB 717) Effective January 1, 2010.)
  108. 72.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

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    Certain pre-existing transfer or loan agreements are treated as if they were made under this chapter.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 72.4. An agreement or contract for a transfer pursuant to former Section 5823 of the Public Resources Code or a loan pursuant to former Section 5827 or 6499.5 of that code, executed prior to the effective date of this chapter, shall, for the purposes of this chapter, be considered as an agreement or contract executed pursuant to this chapter. (Amended by Stats. 2006, Ch. 538, Sec. 341. Effective January 1, 2007.)
  109. 72.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

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    The Division may grant funds for small craft launching facilities, if the Legislature approves, and must set general policies for choosing projects to recommend for grants.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 72.5. (a) The Division, subject to the approval of the Legislature in accordance with Section 85.2, may grant funds to a county, city, district, or other public agency for the construction and development of small craft launching facilities and shall establish general policies for determining those projects for launching facilities that the division will recommend to the Legislature for grants of Harbors and Watercraft Revolving Fund moneys on the basis of which facilities will serve the public recreational boating needs. (b) This program is to build launching facilities in areas not normally considered by other state agencies as suitable to provide for conservation, propagation, and utilization of the fish and game resources of the state. (Amended by Stats. 2017, Ch. 26, Sec. 66. (SB 92) Effective June 27, 2017.)
  110. 72.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

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    The division must make certain transfers, loans, and grants with the commission’s advice.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 72.6. Transfers pursuant to Section 70, loans pursuant to Section 71.4, and grants pursuant to Section 72.5 shall be made by the division with the advice of the commission. (Amended by Stats. 2013, Ch. 353, Sec. 113. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  111. 72.7.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

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    The department may fund, plan, and procure floating restrooms and related items, and it must set general placement policies and follow state procurement rules under the Department of General Services’ supervision.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 72.7. (a) The department may grant funds to any public agency for the construction or procurement of floating restrooms and ancillary items. (b) The department may prepare plans and arrange for the procurement of floating restrooms and ancillary items for later transfer to other public agencies. All procurements shall be conducted under the supervision of the Department of General Services, in accordance with the requirements for state procurement of materials, supplies, and equipment established in Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. (c) The department shall establish general policies for determining appropriate bodies of water and locations thereon for placing floating restrooms. The department may adopt such rules and regulations as may be necessary to carry out the provisions of this section. (d) It is the intent of the Legislature that the purpose of this section is to furnish restroom facilities on bodies of water where conventional restrooms cannot meet the needs of boaters and where the presence of floating restrooms may lessen environmental degradation of those bodies of water. (Amended by Stats. 1987, Ch. 195, Sec. 1.)
  112. 72.75.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department may give funds to public agencies for vessel pumpout or dump stations, must set general policies for where they should go, and may adopt needed rules and regulations.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 72.75. (a) The department may grant funds to any public agency for the construction or procurement of vessel pumpout or dump stations and ancillary items. (b) The department shall establish general policies for determining appropriate bodies of water and locations thereon for placing vessel pumpout or dump stations. The department may adopt rules and regulations that it finds necessary to carry out this section. (c) The Legislature finds and declares that the purpose of this section is to furnish vessel pumpout or dump station facilities on bodies of water where needed to meet the needs of boaters and where the presence of the vessel pumpout or dump stations may lessen environmental degradation of those bodies of water. (Added by Stats. 1994, Ch. 1233, Sec. 8. Effective September 30, 1994.)
  113. 72.8.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department may grant funds for certain waterway public access facilities, but only if each proposed project receives a line-item appropriation by the Legislature.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 72.8. The department, subject to a line item appropriation by the Legislature for each proposed project, may grant funds to a county, city, district, or federal agency for the construction of waterway public access facilities used primarily by rafters, canoeists, tubers, and kayakers. Funds used to implement this section shall be derived from any bond act approved by the voters. (Added by Stats. 1990, Ch. 7, Sec. 1.)
  114. 72.9.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department may acquire property and arrange construction for waterway public access facilities, but only if each project has a legislative line-item appropriation and the owning state agency approves construction.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 72.9. The department, subject to a line item appropriation by the Legislature for each proposed project, may acquire property to provide for waterway public access facilities used primarily by rafters, canoeists, tubers, and kayakers, and may also provide for the construction of those facilities, subject to the approval of any state agency that owns the property upon which the facilities will be constructed. Funds used to implement this section shall be derived from any bond act approved by the voters. (Added by Stats. 1990, Ch. 7, Sec. 2.)
  115. 720.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    The department may require proof about an applicant’s honesty, truthfulness, and good reputation before issuing a broker’s license, and the director may call a hearing; if the applicant requests one, the director must call a hearing.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 720. The department may require proof as it deems advisable concerning the honesty, truthfulness, and good reputation of the applicant for a broker’s or salesperson’s license or of the officers of any corporation making application before the issuance of a broker’s license. For this purpose, the director may call a hearing in accordance with this article, and at the request of the applicant shall call a hearing. (Amended by Stats. 2000, Ch. 508, Sec. 2.5. Effective January 1, 2001.)
  116. 7200.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Short Term Borrowing [7200 - 7202] ( Article 3 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    A district may incur indebtedness by issuing negotiable promissory notes, without holding an election, if the debt is for a purpose the district may lawfully fund.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Short Term Borrowing [7200 - 7202] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7200. A district may incur indebtedness for any purpose for which the district is authorized to expend funds by the issuance of negotiable promissory notes pursuant to this article without an election. (Added by Stats. 1959, Ch. 1598.)
  117. 7201.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Short Term Borrowing [7200 - 7202] ( Article 3 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The notes must be payable within five years of their date and may bear interest only up to 6% per year.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Short Term Borrowing [7200 - 7202] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7201. Said notes shall be payable in not to exceed five years from their date and shall bear interest at not exceeding 6 percent per annum, payable as provided therein. (Added by Stats. 1959, Ch. 1598.)
  118. 7202.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Short Term Borrowing [7200 - 7202] ( Article 3 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    Districts may not let outstanding notes exceed 2% of taxable property value, with a fallback 2% calculation based on the county auditor’s estimate if assessed valuation is unavailable.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Short Term Borrowing [7200 - 7202] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7202. The total aggregate amount of said notes outstanding at any one time shall not exceed a limit of 2 percent of the assessed valuation of the taxable property in the district or, if the assessed valution is not obtainable, 2 percent of the county auditor’s estimate of the taxable property in the district evidenced by his certificate, provided: (a) A district which has been formed for less than 18 months may exceed said limit and in the event may borrow an aggregate amount of not to exceed thirty-five thousand dollars ($35,000). (b) No district shall borrow more than an aggregate amount of one hundred fifty thousand dollars ($150,000). (Added by Stats. 1959, Ch. 1598.)
  119. 721.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    The department must test broker-license applicants by written examination, may suggest further study after a failure, and must schedule a reexamination once the required fee is paid. After a third failed attempt, the applicant cannot retake the exam for six months.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 721. (a) In addition to any proof of honesty, truthfulness, and good reputation required of any applicant for a broker’s license, the department shall ascertain by written examination that the applicant, and in case of a partnership or corporation applicant for a broker’s license that an officer or partner thereof through whom it proposes to act as a yacht broker, has all of the following: (1) Appropriate knowledge of the English language, including reading, writing, and spelling, and of arithmetical computations common to the yacht brokerage business. (2) An understanding of the principles of the yacht brokerage business and profession, including an understanding of a certificate of ownership, certificate of number, security agreement, bill of sale, and other documents required to register and number, and to transfer title of an undocumented vessel pursuant to the Vehicle Code. (3) An understanding that transfer of title of a documented vessel shall be performed in accordance with federal law as administered by the United States Coast Guard. (4) An understanding of maritime and admiralty liens with respect to vessels and the requirements of the Department of Transportation or other federal agency and the United States Coast Guard with respect to documentation, mortgaging, and transferring of title of documented vessels. (5) An understanding of agency contracts and of types and kinds of listings and deposit receipts with respect to vessels. (6) A general knowledge of equipment legally required on a yacht. (7) A general understanding of the obligations between principal and agent, and of the fiduciary relationship between them, and of business ethics pertaining to the business and profession of yacht brokers and yacht salespersons. (8) A general knowledge of yachts. (b) (1) If an applicant fails to pass the required examination, the department shall so notify the applicant, may suggest further study, and, upon payment of the required fee, shall schedule a reexamination. (2) Notwithstanding paragraph (1), whenever an applicant fails to pass the written examination on the third attempt to do so, he or she shall be prohibited from retaking the examination for a period of six months from the date of taking the third examination. (Amended by Stats. 1996, Ch. 445, Sec. 3. Effective January 1, 1997.)
  120. 7210.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    If the board decides a general obligation bond debt is needed, it must pass a resolution and call a district election on issuing the bonds.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. ) ## 7210. Whenever the board deems if necessary for the district to incur a general obligation bonded indebtedness for (a) the acquisition, construction, completion or repair of any or all improvements, works or property mentioned in this part, or (b) the funding or refunding of any outstanding indebtedness of the district, including premiums, if any be payable, the board shall, by resolution, so declare and call an election to be held in the district for the purpose of submitting to the qualified voters the proposition of incurring indebtedness by the issuance of bonds of the district. (Added by Stats. 1959, Ch. 1598.)
  121. 7211.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    A bond resolution must state the debt purpose, debt amount, bond term, interest rate, measure to be submitted, election date, and precinct/polling-place/officer details.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. ) ## 7211. The resolution shall state: (a) The purpose for which the proposed debt is to be incurred, which may include expenses of all proceedings for the authorization, issuance and sale of the bonds. (b) The amount of debt to be incurred. (c) The maximum term the bonds proposed to be issued shall run before maturity, which shall not exceed 40 years. (d) The maximum rate of interest to be paid, which shall not exceed 6 percent per annum, payable semiannualy, except that interest for the first year may be payable at the end of the year. (e) The measure to be submitted to the voters. (f) The date upon which an election shall be held for the purpose of authorizing the bonded indebtedness to be incurred; and (g) The designation of the precincts, the location of the polling places and the names of the officers selected to conduct the election, who shall consist of one inspector, one judge, and two clerks in each precinct. (Added by Stats. 1959, Ch. 1598.)
  122. 7212.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    Election notice must be published in a district newspaper, or posted in public places if no district newspaper exists.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. ) ## 7212. Notice of the holding of the election shall be given by publishing the resolution calling the election pursuant to Section 6066 of the Government Code in at least one newspaper published in the district. The first publication to be at least two weeks prior to the date of the election. If there is no newspaper published in the district the resolutions shall be posted in three public places in the district for not less than two weeks prior to the date of the election. No other notice of the election need be given. (Added by Stats. 1959, Ch. 1598.)
  123. 7213.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The secretary must enter a statement of the election result in the district records once the result is declared.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. ) ## 7213. The returns of the election shall be made, the votes canvassed at least seven days following the election, and the results thereof ascertained and declared in accordance with the provisions of the Elections Code, so far as they may be applicable, except as otherwise provided in this part. The secretary, as soon as the result is declared, shall enter in the district records a statement of the result of the election. (Added by Stats. 1959, Ch. 1598.)
  124. 7214.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    Irregularities or informalities in conducting the election do not invalidate it if the election was otherwise fairly conducted.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. ) ## 7214. No irregularities or informalities in conducting the election shall invalidate the same, if the election shall have been otherwise fairly conducted. (Added by Stats. 1959, Ch. 1598.)
  125. 7215.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    A challenge to an election’s validity must be started within three months after the election.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. ) ## 7215. Any action or proceeding wherein the validity of the election or of the proceedings in relation thereto is contested, questioned or denied, shall be commenced within three months from the date of the election; otherwise the election and all proceedings in relation thereto shall be held to be valid and in every respect legal and incontestable. (Added by Stats. 1959, Ch. 1598.)
  126. 7216.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    If election returns show more than two-thirds support for the bonded indebtedness measure, the board may issue district bonds by resolution.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. ) ## 7216. If from the election returns it appears that more than two-thirds of the votes cast upon the measure were in favor of and assented to the incurring of the general obligation bonded indebtedness, then the board may, by resolution, at the time or times it deems proper, issue bonds of the district for the whole or any part of the amount of the indebtedness so authorized, and may from time to time provide for the issuance of such amounts as the necessity thereof may appear, until the full amount of the bonds authorized shall have been issued. (Added by Stats. 1959, Ch. 1598.)
  127. 7217.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The bonds may be split into two or more series, and each series may have different dates. No series may have a term longer than 40 years before maturity.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. ) ## 7217. The full amount of bonds may be divided into two or more series and different dates fixed for the bonds of each series. The maximum term which the bonds of any series shall run before maturity shall not exceed 40 years from the date of each series respectively. (Added by Stats. 1959, Ch. 1598.)
  128. 7218.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The board must set bond and coupon forms by resolution and तयermine when principal is due and payable. The first principal installment may be deferred for up to five years.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. ) ## 7218. The board shall, by resolution, prescribe the form of the bonds and the form of the coupons attached thereto and fix the time when the whole or any part of the principal shall become due and payable. The payment of the first installment of principal may be deferred for a period of not more than five years from the date of the bonds or the date of the bonds of each series respectively. (Added by Stats. 1959, Ch. 1598.)
  129. 7219.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The bonds must bear interest at no more than 6% per year, payable semiannually.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. ) ## 7219. The bonds shall bear interest at a rate or rates not to exceed 6 percent per annum payable semiannually, except that interest for the first year shall be payable at the end of the year. (Added by Stats. 1959, Ch. 1598.)
  130. 722.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    A broker’s first license lasts one year, and it may be renewed for two-year periods if the required application is filed and the required fee is paid.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 722. The license first issued to a broker shall be for a period of one year. Such license may be renewed for periods of two years upon filing of the required application and payment of the required fee. (Added by Stats. 1978, Ch. 453.)
  131. 7220.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The board may set terms for calling and redeeming bonds before maturity. A bond cannot be called or redeemed before maturity unless it says so in a recital or printed statement.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. ) ## 7220. The board may also provide for the call and redemption of bonds prior to maturity at the time and prices and upon such other terms as it may specify. A bond shall not be subject to call or redemption prior to maturity unless it contains a recital to that effect, or unless a statement to that effect is printed thereon. (Added by Stats. 1959, Ch. 1598.)
  132. 7221.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    Bond denominations must be stated in the issuance resolution and may not be less than $100.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. ) ## 7221. The denomination of the bonds shall be stated in the resolution providing for their issuance, but shall not be less than one hundred dollars ($100). (Added by Stats. 1959, Ch. 1598.)
  133. 7222.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The principal and interest on the bond must be paid in lawful U.S. money at the district treasurer’s office, at any other designated place, or at either place chosen by the bond holder.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. ) ## 7222. The principal and interest shall be payable in lawful money of the United States at the office of the treasurer of the district or at any other place or places as may be designated, or at either place or places at the option of the holder of the bond. (Added by Stats. 1959, Ch. 1598.)
  134. 7223.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    District bonds and coupons must be dated and signed in the stated manner, with one manual signature or countersignature on the bonds.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. ) ## 7223. The bonds shall be dated, numbered consecutively, and be signed by the president of the board and the treasurer of the district and countersigned by the secretary of the district and the official seal of the district affixed. The interest coupons of the bonds shall be signed by the treasurer of the district. All the signatures and countersignatures may be printed, lithographed or mechanically reproduced, except that one of said signatures or countersignatures to said bonds shall be manually affixed. If any officer whose signature or countersignature appears on any bonds or coupons ceases to be an officer before the delivery of the bonds to the purchaser, the signature or countersignature either on the bonds or the coupons, or on both, is nevertheless valid and sufficient for all purposes the same as if the officer had remained in office until the delivery of the bonds, and the signature upon the coupons of the person who is treasurer at the date of the bonds, is valid although the bonds themselves may be attested by a different person who is treasurer at the time of delivery of the bonds. (Added by Stats. 1959, Ch. 1598.)
  135. 7224.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    Before selling bonds, the board must give notice inviting sealed bids. If bids are satisfactory, the bonds must be awarded to the highest responsible bidder; if not, the board may reject the bids and readvertise or sell the bonds at private sale.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. ) ## 7224. Before selling the bonds, or any part thereof, the board shall give notice inviting sealed bids in such manner as it may prescribe. If satisfactory bids are received, the bonds offered for sale shall be awarded to the highest responsible bidder. If no bids are received or if the board determines that the bids received are not satisfactory as to price or responsibility of the bidders, it may reject all bids received, if any, and either readvertise or sell the bonds at private sale. (Added by Stats. 1959, Ch. 1598.)
  136. 7225.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    Bond sale proceeds must be deposited in the district treasury and used only for the purpose that created the debt; leftover money may later be moved to the bond payment fund after that purpose is completed.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. ) ## 7225. The proceeds from the sale of the bonds shall be paid into the treasury of the district and placed to the credit of a special improvement fund and expended only for the purpose for which the indebtedness was created; however, when the purpose has been accomplished, any moneys remaining in the special improvement fund may be transferred to the fund to be used for the payment of the principal of and interest on the bonds. (Added by Stats. 1959, Ch. 1598.)
  137. 7226.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    A challenge to the validity of the bonds or related proceedings must be started within three months after issuance.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. ) ## 7226. Any action or proceeding, wherein the validity of any such bonds or of proceedings in relation thereto is contested, questioned or denied, shall be commenced within three months from the date of the issuance thereof; otherwise said bonds and all proceedings in relation thereto shall be held to be valid and in every respect legal and incontestable. (Added by Stats. 1959, Ch. 1598.)
  138. 7227.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    General obligation bonds issued by a district are exempt from all taxation in California.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 4. General Obligation Bonds [7210 - 7227] ( Article 4 added by Stats. 1959, Ch. 1598. ) ## 7227. Any general obligation bonds issued by a district shall have the same force, value and use as bonds issued by any city and shall be exempt from all taxation within the State of California. (Added by Stats. 1959, Ch. 1598.)
  139. 723.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    A salesman’s first license lasts one year, and renewal is allowed for two-year periods if the required application and renewal fee are filed.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 723. The license first issued to a salesman shall be for a period of one year. Such license may be renewed for periods of two years. Applicants for renewal of such licenses shall submit a recommendation of the broker who is to be his employer certifying that the applicant is honest, truthful, and of good reputation. The license of a salesman may be renewed upon filing the required application and payment of the renewal fee. (Added by Stats. 1978, Ch. 453.)
  140. 724.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    Broker and salesman licenses must be renewed on time with the renewal fee; late nonrenewed licenses expire, and reinstatement can require extra payment and department approval.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 724. (a) An application on the form prescribed by the department for the renewal of a broker or salesman license shall be filed with the department prior to the last day of the period for which a previous license was issued, accompanied by the applicable renewal fee. (b) Every license not renewed in accordance with subdivision (a) shall expire at midnight of the last day of the period for which it was issued and shall immediately be returned to the department. The license may thereafter be reinstated only upon the filing of an application therefor, accompanied by the payment of the renewal fee required by this article, together with a penalty equal to 50 percent of the renewal fee. No examination shall be required for the reinstatement of a license which has expired solely for nonpayment of the renewal fee as required by this subdivision, subject to Section 726. (c) An application for the reinstatement of a license which has expired pursuant to subdivision (b) shall be executed under penalty of perjury. The department may refuse to grant reinstatement if the applicant, after the expiration of the license, has performed any act or participated in any transaction for which a license is required by this article or, during the period, has committed any offense or performed any act which would be cause for the suspension or revocation of a license under this article. However, the department shall not refuse to grant reinstatement unless written notice of the grounds of the refusal is mailed or delivered to the applicant. (d) A salesman’s license which expires other than pursuant to subdivision (b) and under conditions beyond the control of the salesman may be reinstated with another broker on payment of the transfer fee and the renewal fee if applicable and without penalty. (e) All fees charged and collected under this article shall be paid by the department at least once a month, accompanied by detailed statement, into the State Treasury to the credit of the Harbors and Watercraft Revolving Fund. (f) All fees charged and collected under this article and paid into the State Treasury are continuously appropriated to carry out the provisions of this article and shall be paid in the manner provided by law. (g) The department may establish a revolving fund in an amount that it may determine subject to the approval of the director. (Amended by Stats. 1983, Ch. 630, Sec. 4.)
  141. 7240.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 5. Revenue Bonds [7240 - 7243] ( Article 5 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The district may issue revenue bonds for purposes allowed in this part, following the Revenue Bond Law of 1941.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 5. Revenue Bonds [7240 - 7243] ( Article 5 added by Stats. 1959, Ch. 1598. ) ## 7240. The district may issue revenue bonds for any purpose mentioned in this part under the provisions of the Revenue Bond Law of 1941 (Chapter 6 (commencing at Section 54300) of Division 2 of Title 5 of the Government Code). (Added by Stats. 1959, Ch. 1598.)
  142. 7241.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 5. Revenue Bonds [7240 - 7243] ( Article 5 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    If revenue bonds are issued, they must be authorized by a majority of the qualified electors under the Revenue Bond Law of 1941.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 5. Revenue Bonds [7240 - 7243] ( Article 5 added by Stats. 1959, Ch. 1598. ) ## 7241. If revenue bonds are issued, the bonds shall be authorized by a majority of the qualified electors as provided in the Revenue Bond Law of 1941 (Chapter 6 (commencing at Section 54300) of Division 2 of Title 5 of the Government Code). (Added by Stats. 1959, Ch. 1598.)
  143. 7243.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 5. Revenue Bonds [7240 - 7243] ( Article 5 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The board may add a limited tax levy provision to support revenue bonds, but the levy cannot exceed $0.75 per $100 of assessed valuation in any one year.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 6. Financial Provisions [7170 - 7243] ( Chapter 6 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 5. Revenue Bonds [7240 - 7243] ( Article 5 added by Stats. 1959, Ch. 1598. ) ## 7243. In any ordinance or resolution calling an election to authorize the issuance of revenue bonds of the district, the board may insert a provision that it intends to provide, as further security for the bonds, for a limited tax levy (stating the limit as to rate) which shall be levied from time to time to the extent to which revenues pledged to the payment of the principal of and interest on the bonds have been or are expected to be insufficient in any year to pay said principal and interest or to the extent to which any reserve fund established for said bonds has been or will be used to pay, or to provide for the payment of, such principal or interest. If such provision is so inserted and if the bonds are authorized by a fifty-one percent (51%) favorable vote, the board may insert in the ordinance or resolution providing for the issuance of such bonds a provision for such limited tax levy and such terms, conditions and covenants as may be necessary or convenient for the carrying out of such provision. The limited tax levies authorized by this section shall not in the aggregate exceed in any one year seventy-five cents ($0.75) on each one hundred dollars ($100) of assessed valuation. (Added by Stats. 1959, Ch. 1598.)
  144. 725.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    Temporary licenses for salespersons can be issued for up to 60 days, but applicants must file the required applications, pay the fees, be at least 18, and take the written exam for a permanent license before the temporary license expires.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 725. Temporary licenses may be issued to salespersons under the following conditions: (a) The licenses shall be issued for a period not to exceed 60 days and only one license shall be issued to each applicant. (b) An application shall be filed for a temporary license and for a permanent license and at the same time the applicant shall pay all the prescribed fees. (c) The application shall be in the form and upon the conditions required by the department as provided in this article with respect to a permanent salesperson’s license. (d) On or before the expiration date of the temporary license, the licensee shall take a written examination for a permanent license. If, without a valid excuse, the licensee fails to appear for the examination at the time prescribed, the examination fee shall be forfeited. In the event of failure to pass the required examination, the department shall notify the applicant, may suggest further study, and upon payment of fees, shall schedule a reexamination. (e) The applicant shall be at least 18 years of age. (Amended by Stats. 2000, Ch. 380, Sec. 3. Effective January 1, 2001.)
  145. 726.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    If a license is not renewed within two years after it expires, it cannot be renewed under Section 724.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 726. (a) A person who fails to renew his license within two years after its expiration may not renew it pursuant to Section 724. Such person may apply and obtain a new license, in which case all of the provisions hereof shall apply as if such person were applying for a license for the first time. (b) In the event a salesman’s license expires only because that salesman procured a broker’s license or a broker’s license expires only because that broker procured a salesman’s license, either former license may be reinstated under the provisions of Section 724 within two years of the expiration of the latter license. (Added by Stats. 1978, Ch. 453.)
  146. 7260.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 7. Taxation [7260 - 7266] ( Chapter 7 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The board must levy a tax to cover bond debt payments after general obligation indebtedness is incurred, and keep doing so annually until the debt is paid or enough money is set aside.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 7. Taxation [7260 - 7266] ( Chapter 7 added by Stats. 1959, Ch. 1598. ) ## 7260. After the incurring of any general obligation indebtedness, evidenced by general obligation bonds, and annually thereafter until the indebtedness is paid or until there is a sum in the treasury of the district set apart for that purpose sufficient to meet all payments of principal of and interest on the indebtedness as it becomes due, the board shall cause a tax to be levied, as herein provided sufficient to pay the interest and principal as will become due before the proceeds of a tax levied at the next general tax levy will be available. (Added by Stats. 1959, Ch. 1598.)
  147. 7261.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 7. Taxation [7260 - 7266] ( Chapter 7 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The tax required by Section 7260 may be reduced if treasury money from another source is set aside to pay principal and interest on the indebtedness.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 7. Taxation [7260 - 7266] ( Chapter 7 added by Stats. 1959, Ch. 1598. ) ## 7261. To the extent to which moneys are in the treasury from a source other than the annual tax levy required by Section 7260 and are set apart for the payment of principal of and interest on indebtedness as provided in Section 7260, the tax therein required may be reduced. (Added by Stats. 1959, Ch. 1598.)
  148. 7262.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 7. Taxation [7260 - 7266] ( Chapter 7 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The district board must give the board of supervisors and the auditor written tax estimates by August 1, and district taxes for certain purposes are capped at $0.75 per $100 of assessed valuation in a year.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 7. Taxation [7260 - 7266] ( Chapter 7 added by Stats. 1959, Ch. 1598. ) ## 7262. On or before the first day of August the board of directors of the district shall furnish to the board of supervisors and to the auditor, respectively, in writing: (a) An estimate of the minimum amount of money required by Section 7243 to be raised by taxation during the fiscal year. (b) An estimate of the minimum amount of money required to be raised by taxation to comply with, but subject to the limitations of, any provision inserted pursuant to Section 7243 in any ordinance or resolution providing for the issuance of revenue bonds. (c) An estimate of the minimum amount of money required to be raised by taxation during the fiscal year for all other purposes of the district. Taxes levied for purposes of the district other than pursuant to Section 7243 or Section 7260 shall not in the aggregate exceed in any one year seventy-five cents ($0.75) on each one hundred dollars ($100) of assessed valuation. (Amended by Stats. 1974, Ch. 208.)
  149. 7263.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 7. Taxation [7260 - 7266] ( Chapter 7 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    After the board furnishes the estimate, the board of supervisors must annually levy and collect a tax on property within the district to cover the amounts in Section 7262.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 7. Taxation [7260 - 7266] ( Chapter 7 added by Stats. 1959, Ch. 1598. ) ## 7263. After the board has furnished the estimate, the board of supervisors, annually, at the time and in the manner of levying other county taxes, shall levy upon the property within the district and cause to be collected a tax sufficient to pay the amounts set forth in Section 7262. (Added by Stats. 1959, Ch. 1598.)
  150. 7264.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 7. Taxation [7260 - 7266] ( Chapter 7 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    District taxes must be collected like county taxes and paid to the district they were levied for.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 7. Taxation [7260 - 7266] ( Chapter 7 added by Stats. 1959, Ch. 1598. ) ## 7264. All district taxes shall be collected at the same time and in the same manner and form as county taxes and shall be paid to the district for which they were levied and collected. (Added by Stats. 1959, Ch. 1598.)
  151. 7265.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 7. Taxation [7260 - 7266] ( Chapter 7 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    District taxes have the same force and effect as other tax liens, and they must be collected using the same enforcement methods as state and county tax liens.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 7. Taxation [7260 - 7266] ( Chapter 7 added by Stats. 1959, Ch. 1598. ) ## 7265. All district taxes whether for the payment of indebtedness and the interest thereon or for other purposes are of the same force and effect as other liens for taxes, and their collection shall be enforced by the same means as provided for the enforcement of liens for state and county taxes. (Added by Stats. 1959, Ch. 1598.)
  152. 7266.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 7. Taxation [7260 - 7266] ( Chapter 7 added by Stats. 1959, Ch. 1598. )

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    The district may levy assessments, reassessments, special taxes, and bonds for specified waterway and maintenance projects, and counties may collect those charges at the district’s request. Bonds issued under this section cannot fund routine maintenance dredging of channels.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 7. Taxation [7260 - 7266] ( Chapter 7 added by Stats. 1959, Ch. 1598. ) ## 7266. (a) The district may, in any year, levy assessments, reassessments, or special taxes and issue bonds to finance waterway construction projects and related operations and maintenance, or operations and maintenance projects independent of construction projects in accordance with, and pursuant to, the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), the Benefit Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703) of the Government Code), the Integrated Financing District Act (Chapter 1.5 (commencing with Section 53175) of Division 2 of Title 5 of the Government Code), the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code), and the Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). (b) Sections 5116, 5117, 5118, 5119, 5190, 5191, 5192, 5193, 10104, and 10302 of the Streets and Highways Code shall not apply to assessment proceedings undertaken pursuant to this section. (c) Notwithstanding the related provisions of any assessment act which the district is authorized to use, any assessment diagram which any of those acts requires to be prepared prior to final approval of the assessment district may show only the exterior boundaries of the assessment district and the boundaries of any assessment zones or improvement areas within the district. The diagram may refer to the county assessor’s maps and records for a detailed description of each lot or parcel. (d) Notwithstanding any other provision of law, the district may levy and collect assessments and reassessments in the same manner as provided in Article 3 (commencing with Section 51320) of Chapter 2 of Part 7 of Division 15 of the Water Code, to pay any or all of the following: (1) For the operation and maintenance of projects, including maintenance of lands, easements, rights-of-way, dredge material disposal areas, and remediation. (2) For the satisfaction of liabilities arising from projects. (3) To accumulate a fund which may be used to advance the cost of district projects, provided that the advances be repaid, with interest as determined by the commissioners, from assessments, reassessments, special taxes, or fees charged by the district pursuant to this section. (4) To acquire real property, easements, or rights-of-way for a navigation project or the maintenance of a navigation project. (5) To acquire real property within the district for disposal of dredged material. (e) For purposes of this section, functions designated by Article 3 (commencing with Section 51320) of Chapter 2 of Part 7 of Division 15 of the Water Code to be performed by the board of supervisors, the board of trustees, or valuation commissioners shall be performed by the district’s board. (f) For purposes of this section, the board may order the creation of a separate assessment roll to pay the allowable expenses of any single project or any group or system of projects. (g) Notwithstanding any other provision of law, all assessments, reassessments, and taxes levied by the district may be collected together with, and not separately from, taxes for county purposes. Any county in which the district is located may collect, at the request of the district, all assessments, reassessments, and special taxes levied by the district and shall cause those revenues to be deposited into the county treasury to the credit of the district. Each county may deduct its reasonable collection and administrative costs. (h) Notwithstanding any other provision of law, any assessment or reassessment levied pursuant to this section may be apportioned on the basis of land use category, tonnage shipped on the waterway, size and type of vessel using the waterway, front footage, acreage, capital improvements, or other reasonable basis, separately or in combination, as determined by the district commissioners. (i) Notwithstanding any other provision of law, Division 4 (commencing with Section 2800) of the Streets and Highways Code shall not apply to any assessment levied by the district. (j) Notwithstanding any other provision of law, no bond issued pursuant to this section shall be used to fund the routine maintenance dredging of channels. (Added by Stats. 1991, Ch. 978, Sec. 8.)
  153. 727.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    The department may issue a temporary certificate of convenience for a deceased broker’s business to the executor, administrator, widow, or other heir in specified circumstances, and may extend it beyond 90 days for just and reasonable cause.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 727. The department may issue a certificate of convenience to the executor or administrator of the estate of a deceased broker, or if no executor or administrator has been appointed, and until a certified copy of an order making such appointment is filed with the department, to the widow or other heir otherwise entitled to conduct the business of the deceased, permitting such person to act as a broker in the conduct of the business of the estate for a period of 90 days from and after the date of death pending, but not later than, disposal of the business unless such person qualifies by examination for and obtains a permanent broker’s license. The department may extend the certificate of convenience beyond the 90 days on the showing of a just and reasonable cause. (Added by Stats. 1978, Ch. 453.)
  154. 728.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    A corporate broker license lets one officer act for the corporation without an extra fee, but other officers need separate licensing and fees.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 728. (a) Every license issued to a corporation entitles one officer thereof on behalf of the corporation to engage in the business of broker without the payment of any further fee and such officer shall be designated in the application of the corporation for a license. When a broker’s license is issued to a corporation, if it desires any of its officers other than the officer designated by it in the application as provided in this section to act under its license as a broker, it shall procure an additional broker’s license to so employ each of such additional officers. For each officer other than the officer so designated through whom the corporation engages in the business of broker, the appropriate original or renewal fee shall be paid in addition to the fee paid by the corporation. (b) Each officer of a corporation through whom it is licensed to act as a broker is, while so employed under such license, a licensed yacht broker, but licensed only to act as such for and on behalf of the corporation as an officer. (c) An officer of a corporation licensed to act as a broker on behalf of the corporation who desires also to act as a broker or salesman under this article on his own behalf shall procure a separate license in accordance with the provisions of this article. (d) The department may deny, suspend, or revoke the broker’s license of a corporation as to any officer acting under its license without revoking the license of the corporation. Every corporation making application for a license under this article shall furnish the department with a resolution of its board of directors giving the name of the officer or officers who shall act for and on behalf of the corporation. (e) Every corporation licensed under the provisions of this article may by resolution of its board of directors substitute another officer for the one named in the corporation license, provided the person to be substituted qualifies as provided for in this article for a broker’s license and the corporation pays the appropriate original, renewal, or transfer fee as set forth in this article. (Added by Stats. 1978, Ch. 453.)
  155. 7280.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 8. Changes in Organization [7280- 7280.] ( Chapter 8 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Annexation [7280- 7280.] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    Land in the same county as the district may be annexed to the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 8. Changes in Organization [7280- 7280.] ( Chapter 8 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Annexation [7280- 7280.] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7280. Land in the same county in which the district is located, whether contiguous or not or incorporated or not, which is not a part of the district may be annexed thereto. (Added by Stats. 1959, Ch. 1598.)
  156. 729.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    Partnerships licensed as yacht brokers may act through one designated partner, but extra partners need extra broker licenses and fees.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 729. (a) Every license issued to a partnership entitles one partner thereof on behalf of the partnership to engage in the business of yacht broker without the payment of any further fee and such partner shall be designated in the application of the partnership for a license. (b) When a broker’s license is issued to a partnership, if the partnership desires any partner or partners other than the partner designated by it as provided in this section to act under its license as a broker, the partnership shall procure an additional broker’s license for each of such additional partner or partners. For each partner other than the partner designated through whom the partnership engages in the business of yacht broker, the appropriate original or renewal fee shall be paid in addition to the fee paid by the partnership. (c) Each partner of a partnership is licensed to act as a broker while such a partner under such license is a licensed broker, but is licensed only to act as such for and on behalf of the partnership. (d) A partner of a partnership licensed to act as a broker on behalf of the partnership who desires also to act as a broker or salesman under this article on the partner’s own behalf shall procure a separate license in accordance with the provisions of this article. (e) The department may deny, suspend, or revoke the broker’s license of a partnership as to any partner acting under its license without revoking the license of the partnership. (f) Every partnership making an application for a license under this article shall set forth in the application the name of the partner who is to act under the license for and on behalf of the partnership. (g) Every partnership licensed under the provisions of this article may substitute another partner for the one named in the partnership license provided the person to be substituted qualifies as provided for in this article for a broker’s license and the partnership pays the appropriate original, renewal, or transfer fee as set forth in this article. (Added by Stats. 1978, Ch. 453.)
  157. 729.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    A limited liability company licensed as a yacht broker on July 1, 2001 must apply for a broker’s license by the expiration date of its current license to keep being licensed, and the department must give notice of these requirements by February 1, 2001.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 729.5. (a) Any limited liability company licensed by the department as a yacht broker on July 1, 2001, in order to continue to be licensed after that date, shall apply to the department in the form of an individual, partnership, or corporation for a broker’s license on or before the expiration date of its existing license. (b) On or before February 1, 2001, the department shall provide notice of the requirements imposed by subdivision (a) to any limited liability company licensed by the department. (Added by Stats. 2000, Ch. 508, Sec. 3. Effective January 1, 2001.)
  158. 730.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    Applicants for a broker’s license must post and keep a $15,000 bond with the department, and brokers may have to file a replacement bond if a bond is acted on or canceled.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 730. (a) Before any broker’s license shall be issued or renewed by the department for any applicant, the applicant shall procure, file, and maintain with the department a good and sufficient bond in the amount of fifteen thousand dollars ($15,000) with a corporate surety duly licensed to do business within the State of California, and conditioned that the applicant shall not practice any fraud or deceit or make any fraudulent or grossly negligent representations that will cause a monetary loss to any person for whom the broker acts under this article. (b) If any person suffers any loss or damage by reason of any fraud or deceit practiced on that person or any fraudulent or grossly negligent representation made to that person by a licensed broker or the broker’s sales personnel acting for the broker on the broker’s behalf or within the scope of the employment of the sales personnel, which fraud, deceit, or fraudulent or grossly negligent representation is practiced or made with respect to any act of the broker or the sales personnel for which a license is required under this article, that person has a right of action against the broker, the sales personnel, the surety upon the broker’s bond, or the deposit held by the department in accordance with Section 731. If any action is commenced upon the bond, the surety thereunder and the licensed yacht broker with respect to whom the bond has been issued shall immediately notify the department of the action. (c) If an action is commenced on the bond of a licensed broker, the department may require the filing of an additional bond, and immediately upon the recovery in any action on the bond, the broker described therein shall file a new bond. Failure to file an additional bond within 15 days after notification that an additional bond is required by reason of action against the bond or after recovery on a bond constitutes a failure to comply with this article, in which case the license of the licensed broker whose bond has been canceled or on whose bond recovery has been made may be suspended. (d) If a broker’s bond is canceled for a reason other than an action being commenced upon it, a new bond shall be filed by the broker. Failure to file a new bond within 30 days after notification that a new bond is required because a previous bond has been canceled constitutes a failure to comply with this article, in which case the license of the licensed broker whose bond has been canceled may be suspended. (Amended by Stats. 1996, Ch. 445, Sec. 4. Effective January 1, 1997.)
  159. 731.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    The department must hold a cash deposit used instead of the Section 730 bond, and a licensed broker may have to file an additional cash deposit after a claim or recovery.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 731. (a) A cash deposit given instead of the bond required by Section 730 shall be held by the department during the life of the license and for a period of four years after the expiration of the license. (b) If an action is commenced on the cash deposit of a licensed broker pursuant to subdivision (a), the department may require the filing of an additional cash deposit, and immediately, upon the recovery in any action on the deposit, the broker described therein shall file a new cash deposit, equal to the amount specified in the action or recovery, but no greater than the amount specified in subdivision (a) of Section 730, whichever is less. Failure to file an additional cash deposit within 30 days after notification that an additional cash deposit is required by reason of an action filed against the cash deposit, or after the recovery on a cash deposit, shall constitute a failure to comply with this article, in which case the department may suspend the license of the licensed broker whose cash deposit has been acted on, or where a cash deposit recovery has been made. (Amended by Stats. 1998, Ch. 475, Sec. 2. Effective January 1, 1999.)
  160. 732.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    The department may deny, suspend, or revoke a broker’s or salesperson’s license if the licensee commits certain misconduct while acting under this article.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 732. The department may deny an application or temporarily suspend or permanently revoke the license of a broker or a salesperson at any time if the licensee, while a broker or salesperson, in performing or attempting to perform any of the acts within the scope of this article, has committed any of the following acts: (a) Makes any substantial misrepresentation, including a false advertisement or an omission of relevant facts upon which any person has relied. (b) Makes a false warranty of a character likely to influence, persuade, or induce any person with whom business is transacted under this article. (c) Engages in a continued and flagrant course of misrepresentation or makes false warranties whether or not relied upon by another person. (d) Acts for the buyer and seller in a transaction without full disclosure of that fact to the buyer and seller and their written consent, except in the case where the selling broker is not the listing broker. (e) Commingles the money or other property of his or her principal with that of his or her own or uses it for any purpose other than that for which it was entrusted, when the yacht involved in the transaction is not his or her own. (f) Disburses or uses entrusted money for purposes other than those specifically authorized by Section 714. (g) Uses coercive or oppressive methods for the purpose of obtaining business or of procuring a listing or participating in a transaction. (h) Quotes prices different from the gross listing prices without the consent of the seller. (i) Engages in any other conduct constituting fraud or dishonest dealings, either with respect to his or her principal or other persons. (j) Permits his or her name to be used for the purpose of assisting any person who is not a licensed broker or salesperson to evade this article. (k) Demonstrates negligence or incompetence in performing any act for which he or she is required to hold a license. (l) As a broker licensee, fails to exercise reasonable supervision over the activities of his or her salespersons, or, as the person designated by a corporate or partnership licensee, fails to exercise reasonable supervision and control over the activities of the corporation or partnership for which a yacht and ship broker’s license is required. (m) Fails to act in accordance with, or disregards, his or her fiduciary duty toward a principal. (n) Violates any provisions of Section 708, 712, 714, 715, 716, 730, or 731, or the rules and regulations of the department implementing this article. (Amended by Stats. 2000, Ch. 508, Sec. 4. Effective January 1, 2001.)
  161. 733.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    The department may deny, suspend, or revoke a yacht broker’s or yacht salesperson’s license if the person committed certain misconduct within the previous four years.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 733. The department may deny an application or may suspend or revoke the license of a yacht broker or yacht salesperson who, within four years immediately preceding, has committed any of the following acts: (a) Has procured a license under this article for himself or herself or another by fraud, misrepresentation, or deceit. (b) Has been convicted of a felony or any crime involving moral turpitude. (c) Has withheld information from the department that he or she at any time has been convicted of a felony or any crime involving moral turpitude. (d) Knowingly authorizes, directs, connives, or aids in the publication, advertisement, distribution, or circulation of any material false statements or misrepresentation concerning his or her business or any transaction under this article. (e) Has acted or conducted himself or herself in a manner that would warrant the denial of his or her application for a broker’s or salesperson’s license pursuant to Section 720. (Amended by Stats. 2000, Ch. 508, Sec. 5. Effective January 1, 2001.)
  162. 733.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    Applicants for yacht and ship broker or salesperson licenses must undergo a fingerprint-based state and national criminal history background check, and the division must send fingerprint information to the Department of Justice.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 733.5. (a) The division shall require an applicant for a yacht and ship broker or salesperson license, as those terms are defined in Section 701, to undergo a fingerprint-based state and national criminal history background check. (b) The division shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (Added by Stats. 2025, Ch. 113, Sec. 30. (SB 160) Effective September 17, 2025.)
  163. 734.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    The department generally cannot suspend, revoke, or deny a broker license without a hearing, but it can suspend without a hearing for certain bond or records failures. It also has investigative and cost-recovery powers, and it cannot renew or reinstate a license until ordered costs are paid.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 734. (a) The department shall not deny, suspend, or revoke a license granted under this article without a hearing, except the department may suspend a license without a hearing for failure of a broker to maintain a bond as specified in subdivision (d) of Section 730, or for failure of a broker to make available to the department, for inspection, any records, as set forth in Section 735.1. (b) The department may upon its own motion, and shall upon the verified written complaint of any person which sets forth facts which could be grounds for the denial, suspension, or revocation of a license pursuant to this article, investigate the actions of any broker or salesman whether or not licensed. (c) The suspension, expiration, or revocation by operation of law of a license issued by the department, or its surrender, whether voluntary or not, does not deprive the department of its authority, during the period in which the license may be renewed, reinstated, or reissued, to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law, to enter an order suspending or revoking the license, or to take any action against the licensee on any other ground provided by law. (d) A broker whose license has been suspended pursuant to subdivision (a) for failure to make records available to the department for inspection, may request that an expedited hearing be held within 30 days of the suspension before an administrative law judge to appeal the suspension. Upon a showing of good cause to reinstate the license, the broker’s license shall be reinstated. If no good cause is found, the broker’s license may be revoked. (e) (1) Except as otherwise provided by law, in any order issued in resolution of a disciplinary proceeding under this article, the department may request the administrative law judge to direct a licensee found to have committed a violation or violations of this article to pay a sum not to exceed the reasonable costs of the investigation, prosecution, and enforcement of the case. For purposes of this paragraph, “reasonable costs” shall include, but not be limited to, all of the following: (A) Attorney, paralegal, and investigator fees and costs, including salary, travel, and other expenses attributable to hours expended on the case by employees of the office of the Attorney General and the department. (B) Witness fees, travel, and other expenses paid to or in connection with witnesses to facilitate their attendance and testimony at the disciplinary proceeding or to facilitate their appearance at a deposition, by video or by other means. (C) Fees and costs attributable to expert review, including, but not limited to, laboratory analysis, physical examination, and psychological examination, whether by an independent expert or a staff member of the department. (D) Administrative expenses attributable to case preparation and presentation, including, but not limited to, exhibit preparation and document copying, postage, telephone calls, word processing, whether by an independent contractor or a staff member of the department, and costs for obtaining certified public documents. (2) In the case of a disciplined licensee that is a corporation or a partnership, the order may be made against the licensed corporate entity or licensed partnership. (3) A declaration under penalty of perjury of the actual costs, or a good faith estimate of costs if the actual costs are not available, signed by the director, and containing sufficient information by which the administrative law judge can determine the costs incurred in connection with the matter and the reasonableness of the costs, shall be prima facie evidence of reasonable costs of investigation, prosecution, and enforcement of the case. (4) The administrative law judge shall make a proposed finding of the amount of reasonable costs of investigation and prosecution of the case when requested pursuant to paragraph (1). The department may reduce or eliminate the award of any costs by the administrative law judge, and may request the administrative law judge to reconsider his or her decision if the proposed decision does not make a finding on costs as requested pursuant to paragraph (1). (5) Where an order for recovery of costs is made and timely payment is not made as directed, the department may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the department may have as to any licensee to pay costs. (6) In any action for recovery of costs, proof of the department’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (7) The department shall not renew or reinstate the license of any licensee who does not pay all of the costs ordered under this section. (8) All costs recovered under this section shall be considered a reimbursement for costs incurred and shall be deposited in the Harbors and Watercraft Revolving Fund. (9) Nothing in this section shall preclude the department from including the recovery of the costs of investigation, prosecution, and enforcement of a case in any stipulated settlement. (Amended by Stats. 1998, Ch. 475, Sec. 3. Effective January 1, 1999.)
  164. 7340.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 9. Construction [7340- 7340.] ( Chapter 9 added by Stats. 1959, Ch. 1598. )

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    If part of this chapter is held invalid, the rest remains in effect.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 9. Construction [7340- 7340.] ( Chapter 9 added by Stats. 1959, Ch. 1598. ) ## 7340. If any section, subsection, sentence, clause, or phrase of this part, or the application thereof to any person or circumstance, is for any reason held invalid, the validity of the remainder of this part, or the application of the provision to other persons or circumstances, shall not be affected thereby. The Legislature hereby declares that it would have passed this part, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases, or the application thereof to any person or circumstance, be held invalid. (Added by Stats. 1959, Ch. 1598.)
  165. 735.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    Brokers must keep a business office in the state, display required licenses, keep the department informed of office addresses, and return licenses and pocket cards when licensing ends or details change. Salesman licenses stay under broker control until the salesman leaves, then the broker must return the license and report the termination date.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 735. (a) Every broker shall maintain a definite place of business in this state as his principal office and may establish other branch offices throughout the state. Every broker maintaining more than one place of business within this state shall procure an additional license for every branch office maintained by him. Every broker shall keep the department informed at all times of the address of his principal and branch offices and any changes of address. (b) Every broker’s license shall be prominently displayed in the broker’s principal office. The license for each branch office, if any, of such broker shall be prominently displayed in such branch office. Every salesman’s license shall be prominently displayed in the principal office or branch office of the broker in which the business of such salesman is transacted. When a broker or any branch office to which a license was issued, for any reason ceases to be licensed, or when there is a name or address change, such license shall be immediately returned to the department. (c) Every salesman’s license shall remain in the control of the broker by whom the salesman is employed until the license is canceled or until he leaves the employment of the broker. Immediately upon the salesman’s withdrawal from the employment of the broker, such broker shall return such salesman’s license to the department for cancellation and shall notify the department of the exact date of termination. (d) Upon the issuance of a license, a pocket card of such size, design, and content as may be determined by the department may be issued without charge to such licensee, which card shall be evidence that the licensee is duly licensed pursuant to this article. When any broker to whom a card is issued ceases for any reason to be licensed as a broker, the card issued to such broker shall be mailed or delivered by the broker to the department for cancellation. When any salesman to whom a card is issued ceases to be a salesman for any reason, the card issued to him shall be mailed or delivered to the department for cancellation. (Amended by Stats. 1980, Ch. 421.)
  166. 735.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    A licensed broker must keep specified transaction records for four years and provide them to the department for inspection on request.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 735.1. A licensed broker shall retain, for four years, copies of all listings, deposit receipts, canceled checks, trust records, and other documents executed or obtained by the broker in connection with a transaction for which a broker’s license is required. These records shall be made available to the department for inspection upon request. If the records have not been made available within 30 days of a request by the department, the department may subpoena the requested records. If the records have not been made available within 14 days from the requested day of production on the subpoena, and the director determines that the public may be at risk if the broker continues to be licensed, the department may suspend the broker’s license pursuant to Section 734. (Added by Stats. 1998, Ch. 475, Sec. 4. Effective January 1, 1999.)
  167. 735.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    The department must accept electronic records and electronic or digital signatures made by electronic means on or after January 1, 2000.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 735.2. The department shall accept any electronic record or electronic or digital signature created, generated, sent, communicated, received, or stored by electronic means on or after January 1, 2000. A “digital signature” means a signature that complies with the regulations adopted by the Secretary of State relating to digital signatures. (Added by Stats. 2000, Ch. 380, Sec. 4. Effective January 1, 2001.)
  168. 736.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    The division must adopt regulations for the fees charged under this article, and the fees must cover the division’s reasonable implementation costs.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 736. (a) The division shall adopt regulations setting forth the fees to be charged and collected under this article. The fees shall be sufficient to reimburse the division for the reasonable costs of implementing this article. (b) A criminal records investigation fee shall be collected for both a salesperson’s and broker’s license in an amount determined by the Department of Justice, or by any other state or federal custodian of criminal records from which the division has requested information concerning an applicant’s criminal record, not to exceed the amount needed to reimburse the division for conducting the criminal records investigation. (c) The following fees shall apply until such time that the division adopts regulations pursuant to subdivision (a): (1) Two hundred dollars ($200) for each original broker’s license. (2) Seventy-five dollars ($75) per year for the renewal of an original broker’s license. (3) One hundred dollars ($100) for each original salesperson’s license. (4) Fifty dollars ($50) per year for the renewal of an original salesperson’s license. (5) Twenty-five dollars ($25) for a salesperson’s temporary license. (6) Twenty-five dollars ($25) for each license obtained by a broker for a branch office and for each renewal thereof. (7) Ten dollars ($10) for each transfer of a salesperson’s license for each change of employment. (8) Ten dollars ($10) for each duplicate license. (9) Ten dollars ($10) for each substitution of a name in the license of a corporation or a partnership. (10) Ten dollars ($10) for the granting of each certificate of convenience under Section 727. (11) Twenty-five dollars ($25) for each examination. (Amended by Stats. 2013, Ch. 425, Sec. 2. (AB 865) Effective January 1, 2014.)
  169. 737.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    Proceedings and hearings under this article must follow the specified Government Code procedures, including judicial review rights. The department may also impose a civil penalty in a disciplinary hearing before an administrative law judge.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 737. (a) The proceedings and hearings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, including the right of judicial review as provided for in Section 11523 of the Government Code. (b) In addition to any other disciplinary action and in lieu of a separate action in civil court, the department, as part of a disciplinary hearing conducted by an administrative law judge, may impose a civil penalty as provided in Section 739. (Amended by Stats. 1998, Ch. 475, Sec. 5. Effective January 1, 1999.)
  170. 738.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    Violations of most sections in this article are misdemeanors, with fines up to $1,000; some willful violations can also bring up to one year in county jail or both penalties. Section 709 has the same jail-and-fine exposure.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 738. (a) Each violation of a section or subdivision of a section of this article, excepting Section 709, is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000), provided that a violation committed willfully and with knowledge of the provisions of the violated section or subdivision is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment. (b) Each violation of Section 709 is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment. (Amended by Stats. 2009, Ch. 610, Sec. 36. (SB 717) Effective January 1, 2010.)
  171. 739.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    A violator of this article or its regulations can be fined $100 to $1,500 per violation.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 739. Any person who violates any provision of this article, or any regulation adopted pursuant to this article, is liable for a penalty in an amount not less than one hundred dollars ($100) and not to exceed one thousand five hundred dollars ($1,500) for each separate violation. The penalties provided in this section are in addition to the remedies or penalties available under all other laws of this state. Every civil or administrative action brought under this article at the request of the director shall be brought by the Attorney General in the name of the people of the State of California, in any court of competent jurisdiction, or through the Office of Administrative Hearings pursuant to Section 737, except that, when the civil action is to be filed in a small claims court, the director may bring the action. The amount of penalty that is assessed pursuant to this section on each count of violation shall be based upon the nature of the violation and the seriousness of the effect of the violation upon the implementation of the purposes and provisions of this article. Any sum that is recovered under this section shall be deposited in the State Treasury to the credit of the Harbors and Watercraft Revolving Fund. (Amended by Stats. 2000, Ch. 508, Sec. 6. Effective January 1, 2001.)
  172. 740.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    Enforcement actions under this article must be started within three years after the department discovers the facts supporting the action.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 740. Any action taken in the enforcement of this article shall be commenced within three years of the department’s discovery of the facts constituting the grounds for that action. (Added by Stats. 1990, Ch. 561, Sec. 5.)
  173. 75.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 4. Vessels and Vessel Operators [75- 75.] ( Article 4 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

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    The department has powers and duties relating to vessels and vessel operators, as provided by Chapter 5 of Division 3.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 4. Vessels and Vessel Operators [75- 75.] ( Article 4 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 75. The department has such powers and duties relating to vessels and vessel operators as are imposed upon the department by Chapter 5 (commencing with Section 650) of Division 3. (Amended by Stats. 1984, Ch. 193, Sec. 73.)
  174. 754.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.5. Stored Vessels [754- 754.] ( Heading of Article 2.5 renumbered from Article 4 (as amended by Stats. 1970, Ch. 1341) by Stats. 1990, Ch. 216, Sec. 46. )

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    Storage facility keepers must keep written records for covered vessels stored for compensation more than 12 hours, include specified vessel and owner details, and make the records available to peace officers.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.5. Stored Vessels [754- 754.] ( Heading of Article 2.5 renumbered from Article 4 (as amended by Stats. 1970, Ch. 1341) by Stats. 1990, Ch. 216, Sec. 46. ) ## 754. (a) Every keeper of a storage facility shall keep a written record of every vessel subject to registration with the Department of Motor Vehicles which is stored therein for compensation for a period longer than 12 hours. (b) The record shall contain the name and address of the person storing the same and a brief description of the vessel including its builder and builder’s hull number. (c) All records shall be open to inspection by any peace officer. (Added by Stats. 1970, Ch. 1341.)
  175. 759.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. )

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    This section defines key terms used in the article, including “company,” “Division,” “for-hire vessel,” and “for-hire vessel company.”

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. ) ## 759. For purposes of this article, the following provisions shall apply: (a) “Company” means any company, sole proprietorship, firm, partnership, private, municipal, or public corporation, limited liability company, association, joint stock association, or other similar organization. (b) “Division” means the Division of Boating and Waterways. (c) “For-hire vessel” includes any vessel, by whatsoever power operated, carrying passengers for hire, except a seaplane on the water and vessels exempt from taxation under Section 3 of Article XIII of the California Constitution. (d) “For-hire vessel company” means any company owning, controlling, operating, or managing a for-hire vessel for the transportation of persons or property for compensation in this state, except a common carrier by vessel as defined in subdivision (b) of Section 211 of the Public Utilities Code. (Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
  176. 759.10.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. )

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    A for-hire vessel company keeps liability protection only while it continues offering services for compensation. Its insurance policy or surety bond cannot be canceled without at least 30 days’ written notice to the department, unless the company has ceased operations.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. ) ## 759.10. The protection against liability shall be continued in effect so long as the for-hire vessel company continues to offer its services for compensation. The policy of insurance or surety bond shall not be cancelable on less than 30 days’ written notice to the department, except in the event of cessation of operations as a for-hire vessel company. (Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
  177. 759.12.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. )

    Verify source ↗

    The division may make rules needed to enforce this article.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. ) ## 759.12. The division may establish rules as are necessary to enforce this article. (Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
  178. 759.14.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. )

    Verify source ↗

    A for-hire vessel company that knowingly fails or refuses to get the liability protection required by Section 759.2 commits a misdemeanor.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. ) ## 759.14. Any for-hire vessel company that knowingly refuses or fails to procure protection against liability, as required by Section 759.2, is guilty of a misdemeanor. (Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
  179. 759.16.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. )

    Verify source ↗

    After an administrative hearing, the division may impose a $50 to $1,000 penalty on a for-hire vessel company that violates this article or does not comply with a division rule under Section 759.12.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. ) ## 759.16. Following an administrative hearing, the division may impose a penalty of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000) upon any for-hire vessel company that violates any provision of this article or that fails to obey, observe, or comply with any rule established by the division pursuant to Section 759.12. (Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
  180. 759.18.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. )

    Verify source ↗

    The division must issue a filing certificate to a for-hire vessel company after evidence of liability protection is filed, and the company must post the certificate on the vessel in a visible place. Invalid, canceled, suspended, or revoked certificates must not be posted.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. ) ## 759.18. (a) Upon filing of the evidence of liability protection pursuant to Section 759.2, the division shall provide a certificate of filing to the for-hire vessel company. The certificate shall be no larger than 8 ½ by 11 inches in size. The for-hire vessel company shall post the certificate of filing on the vessel in a prominent location that is visible to the passengers. (b) A certificate that has been canceled, suspended, or revoked, or that is not valid, shall not be posted on a vessel. (Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
  181. 759.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. )

    Verify source ↗

    For-hire vessel companies must keep adequate liability protection in place while they offer services for compensation.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. ) ## 759.2. The division shall require every for-hire vessel company to procure, and continue in effect so long as the for-hire vessel company continues to offer its services for compensation, adequate protection against liability imposed by law upon a for-hire vessel company for the payment of damages for personal bodily injuries, including death resulting from those services, and property damage as a result of an accident. (Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
  182. 759.20.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. )

    Verify source ↗

    If the department is notified that a for-hire vessel company’s liability protection is being canceled, it must revoke the company’s certificate and notify the company. The company must then return the revoked certificate to the division.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. ) ## 759.20. Upon receiving notification of impending cancellation of liability protection pertaining to a for-hire vessel company, the department shall, effective upon the date of the cancellation, revoke the certificate provided to the company pursuant to Section 759.18 and shall notify the company of this revocation. The company shall return the revoked certificate to the division. (Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
  183. 759.22.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. )

    Verify source ↗

    Rules adopted by the Public Utilities Commission stay in effect until the division revises or repeals them.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. ) ## 759.22. Rules and regulations adopted by the Public Utilities Commission pursuant to its prior authority over insurance of for-hire vessel companies shall remain in effect until revised or repealed by the division. (Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
  184. 759.24.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. )

    Verify source ↗

    Article 2.9 becomes operative on July 1, 2018.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. ) ## 759.24. This article shall become operative on July 1, 2018. (Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Note: This section prescribes a delayed operative date for Article 2.9, commencing with Section 759.)
  185. 759.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. )

    Verify source ↗

    The division must, after a public hearing, set the liability insurance amount required by Section 759.2 for for-hire vessel companies.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. ) ## 759.4. The division shall, after a public hearing, set the amount of liability insurance, required by Section 759.2, that is reasonably necessary to provide adequate compensation for damage incurred through an accident involving a for-hire vessel company. This amount shall be subject to periodic adjustment pursuant to the process described in this article. (Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
  186. 759.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. )

    Verify source ↗

    To show the protection required under Section 759.2, the vessel must have proof on deposit with the division for each vessel used or intended for for-hire operations for compensation.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. ) ## 759.6. The protection required under Section 759.2 shall be evidenced by deposit with the division, covering each vessel used or to be used in for-hire vessel operations for compensation, of any of the following: (a) A policy of insurance, issued by a company licensed to write such insurance in the state, or by nonadmitted insurers subject to Section 1763 of the Insurance Code, if those policies meet the rules promulgated by the department. (b) A bond of a surety company licensed to write surety bonds in the state. (c) Any evidence of the qualification of the for-hire vessel company as a self-insurer as may be authorized by the department. (Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
  187. 759.8.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. )

    Verify source ↗

    With the division’s consent, a certified copy, photostatic copy, abstract, or certificate of an insurance policy may be filed instead of the original, duplicate, or counterpart.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2.9. Accident Liability Protection for Vessels [759 - 759.24] ( Article 2.9 added by Stats. 2017, Ch. 421, Sec. 9. ) ## 759.8. With the consent of the division, a copy of an insurance policy, certified by the company issuing it to be a true copy of the original policy, or a photostatic copy thereof, or an abstract of the provisions of the policy, or a certificate of insurance issued by the company issuing the policy, may be filed with the division in lieu of the original or a duplicate or counterpart of the policy. (Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
  188. 76.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. )

    Verify source ↗

    The section says loans should support private recreational marina owners, and borrowers should not charge unreasonably high boat berthing fees.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. ) ## 76. It is the intent of the Legislature that Harbors and Watercraft Revolving Fund moneys be used to implement the intent of Section 71.5 by providing loans directly to private recreational marina owners for the design, acquisition, development, expansion, and improvement of boating facilities. It is the further intent of the Legislature that borrowers receiving loans not charge unreasonably high boat berthing fees at their harbor facilities, but that those borrowers be entitled to charge rates that provide for servicing of borrowed indebtedness obtained to develop those facilities, provide for other expenses incurred in operating the facilities, establish reasonable reserves for repairs, maintenance, and replacement of those facilities, and provide a reasonable return on the borrower’s invested capital. (Amended by Stats. 2009, Ch. 610, Sec. 10. (SB 717) Effective January 1, 2010.)
  189. 76.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. )

    Verify source ↗

    This section defines “private marina owner” for the chapter.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. ) ## 76.1. “Private marina owner” means a profit-oriented business enterprise which owns and operates, or intends to develop and operate, a small boat recreational facility providing boat berthing on a wet or dry storage basis and other improvements commonly found in a facility of that type on privately or publicly owned waters within this state. (Added by Stats. 1985, Ch. 1307, Sec. 2.)
  190. 76.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. )

    Verify source ↗

    This section defines “recreational marina” as a marina owned by a private marina owner and used by the public mainly for recreation.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. ) ## 76.2. “Recreational marina” means a marina owned by a private marina owner which is used by the public primarily for recreational purposes. (Added by Stats. 1985, Ch. 1307, Sec. 2.)
  191. 76.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. )

    Verify source ↗

    The department may make loans to private marina owners for recreational marina development, but it may not fund loans that restrict public access except as consistent with normal commercial practices.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. ) ## 76.3. (a) The department may make loans to private marina owners to develop a recreational marina. Loan funds from the department may be utilized for both of the following: (1) Construction costs for berthing facilities, dredging, parking, public access facilities, restrooms, vessel pumpout facilities, oil recycling facilities, utilities, landscaping, receptacles for the purpose of separating, reusing, or recycling all solid waste materials, and other incidental boating-related amenities. (2) Acquisition, collateral appraisals, permit fees, planning, engineering, and design expenses directly related to the items specified in paragraph (1). (b) The department shall not make a loan to a recreational marina that restricts access or bars the public other than that which is consistent with general commercial business practices. (c) Any private marina owner who purchases facilities previously developed with a department loan is eligible to apply for a new construction loan from the department. (d) (1) The department may also make a loan to a recreational marina for the purpose of refinancing an existing loan, subject to the following conditions: (A) Not more than 70 percent of the proceeds from the loan shall be used to refinance an existing loan. (B) Not less than 30 percent of the loan proceeds shall be used for construction activity authorized under this section. (C) The loan applicant shall meet all other requirements under law for loan qualification and any other applicable term or condition of law. (2) This subdivision does not prohibit a person from applying for a loan under subdivision (a). (Amended by Stats. 2009, Ch. 610, Sec. 11. (SB 717) Effective January 1, 2010.)
  192. 76.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. )

    Verify source ↗

    Loan applications under Section 76.3 must be filed with the department and must include specific supporting materials.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. ) ## 76.4. (a) An application for a loan under Section 76.3 shall be filed with the department and shall: (1) Include a feasibility study containing sufficient information and detail to demonstrate that the project is engineeringly and financially feasible. (2) Be processed with due diligence, giving consideration to the needs of the borrower and the interest of the public in preserving the integrity of the Harbors and Watercraft Revolving Fund. (3) Include evidence of compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (4) Include all costs incurred by the applicant in processing and obtaining loan proceeds. (b) The costs of brokerage fees, planning studies, and all other costs for the preparation of the loan application shall be borne by the applicant. (Added by Stats. 1985, Ch. 1307, Sec. 2.)
  193. 76.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. )

    Verify source ↗

    The division must prioritize certain private marina owners’ applications, and the department must send a feasible loan request to the commission for advice.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. ) ## 76.5. In processing applications under this article, the division shall give priority to applications from qualified private marina owners who have not received previous loans from the department. If the department finds a proposed loan project is feasible, the loan request shall be submitted to the commission for its advice. (Amended by Stats. 2013, Ch. 353, Sec. 114. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  194. 76.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. )

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    This section sets required loan terms for recreational marina loans, including interest, collateral, repayment limits, amortization, transfer consequences, and when the division may allow assumption or restatement.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. ) ## 76.6. Loans made under this article shall include, but are not limited to, the following terms and conditions: (a) The minimum annual rate of interest charged by the division for a loan shall be set annually by the division and shall be a rate equal to 1 percent per annum plus the prime or base rate of interest. (b) The division shall require collateral in a minimum amount of 110 percent of the loan. (c) The repayment period of a loan shall not exceed 20 years, or be longer than the length of the borrower’s leasehold estate, including renewal options, if the loan is based upon a leasehold estate of the borrower. (d) All loans shall amortize the principal over the term of the loan. However, a loan shall become due and payable in full if the borrower sells or otherwise transfers the recreational marina developed with divisional funds, unless the transfer is, by reason of the death of the borrower, to the borrower’s heirs. (e) The division’s loans shall not be subordinated to any future loans obtained by a private marina owner, except in those cases involving loans acquired for refinancing previous senior loans. (f) The division may allow assumption of loans from the original borrower by future parties, subject to completion of the application process and upon approval by the division. (g) The division may, upon written request by the borrower, restate an existing loan. (Amended by Stats. 2013, Ch. 353, Sec. 115. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  195. 76.7.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. )

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    The department must fund its marina loans from the revolving fund, private marina owners must repay those loans, and loan recipients must not charge unreasonably high boat berthing fees.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. ) ## 76.7. (a) All loans made by the department to private marina owners shall be funded from the Harbors and Watercraft Revolving Fund. (b) All loans, including those loans previously made under Section 35300 of the Financial Code, shall be repaid by private marina owners to the Harbors and Watercraft Revolving Fund. (c) Private marina owners receiving loans made by the department shall not charge unreasonably high boat berthing fees. (d) The department shall monitor the berthing fees of the private marina owners receiving department loans to ensure that these rates are reasonable and not exorbitant. (Amended by Stats. 1990, Ch. 1428, Sec. 4.)
  196. 76.8.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. )

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    The department must adopt loan regulations and approval standards. Loans using Budget Act of 1999 funds cannot be made until those standards are approved by the Department of Finance.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. ) ## 76.8. The department shall adopt regulations to implement or make this article more specific, including standards for the approval of loans, which shall include, but not be limited to, definitions of collateral, standards for the payment of loans, weighing and ranking criteria to qualify and prioritize the loans, and the form of documents to be used to evidence loans. The purpose of the regulations shall be to ensure that loans made under this article conform with customary commercial practices. No loans shall be made pursuant to this article from funds appropriated in the Budget Act of 1999 until the loan approval standards have been approved by the Department of Finance. Any subsequent changes to the loan approval standards shall also be approved by the Department of Finance. (Amended by Stats. 1999, Ch. 66, Sec. 3. Effective July 6, 1999.)
  197. 760.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. )

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    This section defines “for-hire vessel” as a mechanically propelled vessel carrying more than three passengers for hire, with specified exceptions.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. ) ## 760. As used in this article, “for-hire vessel” includes any vessel propelled by machinery carrying more than three passengers for hire, except the following: (a) A sea plane on the water. (b) A watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to or guided on such permanently fixed course by means of a mechanical device on a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled, or by means of a mechanical device attached to the watercraft itself. (Added by Stats. 1963, Ch. 1337.)
  198. 761.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. )

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    A person may operate or navigate a for-hire vessel carrying passengers for hire on state waters only if they hold a valid department-issued license, unless the waters are federally declared navigable.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. ) ## 761. No for-hire vessel, while carrying passengers for hire, shall be operated or navigated on the waters of this state except by a person who holds a valid license issued by the department pursuant to the provisions of this article. This requirement, however, shall not apply to persons who operate a for-hire vessel on waters of this state which have been declared to be navigable by agencies of the federal government. (Amended by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  199. 762.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. )

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    A license applicant must submit a written, verified application to the department.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. ) ## 762. An applicant for an operator’s license shall submit his written verified application to the department. The application shall be in such form and contain such information as the department requires. (Amended by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  200. 764.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. )

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    The department must examine an applicant for an operator’s license, but it may waive the exam if the applicant shows a valid qualifying federal operator’s license.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. ) ## 764. Upon application for an operator’s license, the department shall require an examination of the applicant. The department shall adopt rules and regulations establishing the requirements for the examination which will demonstrate to the department the applicant’s competency in the operation of vessels. If an applicant presents a valid operator’s license issued pursuant to the provisions of the Federal Motorboat Act of 1940 (Title 46, U.S.C., Section 526f) or the federal act of May 10, 1956, (Title 46, U.S.C. 390–390g), the department may issue an operator’s license without requiring an examination. (Amended by Stats. 1970, Ch. 1428.)

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