9850.  Every undocumented vessel using the waters or on the waters
of this state shall be currently numbered.  No person shall operate
nor shall any county, city, or political subdivision give permission
for the operation of any undocumented vessel on those waters unless
the undocumented vessel is numbered in accordance with this chapter,
or in accordance with applicable federal law, or in accordance with a
federally approved numbering system of another state, and unless (1)
the certificate of number issued to such undocumented vessel is in
full force and effect, and (2) the identifying number set forth in
the certificate of number is displayed on each side of the bow of the
undocumented vessel for which the identifying number was issued.



9851.  The department may adopt rules and regulations for the
registration of undocumented vessels belonging to the state, local
public agencies, or to the United States without payment of fees
specified in this code, except fees for duplicate certificates of
ownership, duplicate certificates of number, or substitute current
year registration stickers.  Any vessel owned by the Department of
Boating and Waterways is exempt from any fees specified in this
division.


9852.  The department shall promulgate rules and regulations setting
forth requirements relative to establishing proof of ownership to be
submitted by the owner at the time of filing initial application for
a certificate of number and a certificate of ownership.  The
issuance of a certificate of ownership or certificate of number under
this chapter shall not in any way be construed that the department
is warranting or guaranteeing the title of the vessel as it appears
on such certificates.



9852.5.  Ownership of an undocumented vessel subject to registration
may be held by two or more coowners as follows:
   (a) A vessel may be registered in the names of two or more persons
as coowners in the alternative by the use of the word "or."  A
vessel so registered in the alternative shall be deemed to be held in
joint tenancy.  Each coowner shall be deemed to have granted to the
other coowners the absolute right to dispose of the title and
interest in the vessel.  Upon the death of a coowner the interest of
the decedent shall pass to the survivor as though title or interest
in the vessel was held in joint tenancy unless a contrary intention
is set forth in writing upon the application for registration.
   (b) A vessel may be registered in the names of two or more persons
as coowners in the alternative by the use of the word "or" and if
declared in writing upon the application for registration by the
applicants to be community property, or tenancy in common, shall
grant to each coowner the absolute power to transfer the title or
interest of the other coowners only during the lifetime of such
coowners.
   (c) A vessel may be registered in the names of two or more persons
as coowners in the conjunctive by the use of the word "and" and
shall thereafter require the signature of each coowner or his
personal representative to transfer title to the vessel, except where
title to the vessel is set forth in joint tenancy, the signature of
each coowner or his or her personal representative shall be required
only during the lifetime of the coowners, and upon death of a coowner
title shall pass to the surviving coowner.
   (d) The department may adopt suitable abbreviations to appear upon
the certificate of ownership and certificate of number to designate
the manner in which title to the vessel is held if set forth by the
coowners upon the application for registration.



9852.7.  (a) Ownership of an undocumented vessel subject to
registration may be held in beneficiary form that includes a
direction to transfer ownership of the vessel to a designated
beneficiary on death of the owner if both of the following
requirements are satisfied:
   (1) Only one owner is designated.
   (2) Only one TOD beneficiary is designated.
   (b) Ownership registration and title issued in beneficiary form
shall include, after the name of the owner, the words "transfer on
death to" or the abbreviation "TOD" followed by the name of the
beneficiary.
   (c) During the lifetime of the owner, the signature or consent of
the beneficiary is not required for any transaction relating to the
vessel for which a certificate of ownership in beneficiary form has
been issued.
   (d) The fee for registering ownership of a vessel in a beneficiary
form is ten dollars ($10).



9853.  (a) The owner of each vessel requiring numbering by this
state shall file an initial application for a number with the
department or with an agent authorized by the department on forms
approved by the department.  Such forms shall be prepared in
cooperation with the Department of Boating and Waterways.  The
application shall contain the true name and address of the owner and
of the legal owner, if any, and the hull identification number of the
vessel as may be required by the department.  The application shall
be signed by the owner of the vessel and shall be accompanied by a
fee of nine dollars ($9), in addition to the fees required under
subdivision (b), except that an owner of a vessel registered outside
this state who is submitting an application for registration in this
state shall pay a fee of thirty-seven dollars ($37), in addition to
the fees required under subdivision (b).
   (b) (1) Whenever the fee for original registration of a vessel
becomes due between January 1 and December 31 of any even-numbered
year, the application shall be accompanied by a fee of five dollars
($5), in addition to any other fees that are then due and payable.
   (2) Whenever the fee for original registration of a vessel becomes
due, or is filed with the department, between December 1 and
December 31 of any odd-numbered year, the application shall be
accompanied by a fee of ten dollars ($10) in addition to any other
fees that are then due and payable.



9853.1.  Upon receipt of the application in approved form, the
department shall issue a certificate of ownership to the legal owner
and a certificate of number to the owner, or both to the owner if
there is no legal owner, stating the number issued to the vessel and
the name and address of the owner.



9853.2.  The owner shall paint on or attach to each side of the
forward half of the vessel the identification number in such manner
as may be prescribed by rules and regulations of the department in
order that it may be clearly visible.  Any such rules and regulations
shall be developed in cooperation with the Department of Boating and
Waterways.  The number shall be maintained in a legible condition.
The certificate of number shall be pocket size and shall be available
at all times for inspection on the vessel for which issued, whenever
the vessel is in use, except as to those vessels subject to Section
9853.3.


9853.3.  The certificate of number for vessels less than 26 feet in
length and leased or rented to another for the latter's noncommercial
use of less than 24 hours may be retained on shore by the vessel's
owner or his representative at the place from which the vessel
departs or returns to the possession of the owner or his
representative.  A copy of the lease or rental agreement signed by
the owner or his authorized representative and by the person leasing
or renting the vessel shall be carried aboard the vessel at all times
during use.


9853.4.  (a) The department may issue one or more stickers, tabs, or
other suitable devices to identify vessels as being currently
registered.  The size, shape, and color of the sticker, tab, or other
device and the positioning of the sticker, tab, or other device on
the vessel shall be as determined by the department after
consultation with the Department of Boating and Waterways, such
consultation to consider the responsibilities and duties of the
Department of Boating and Waterways as prescribed in the Harbors and
Navigation Code.
   (b) Whenever the department issues a sticker, tab, or other device
pursuant to subdivision (a), the sticker, tab, or device shall only
be displayed on the vessel for which it was issued.




9853.5.  Upon request, the department shall issue for any
power-driven pleasure craft which is constructed of wood and which
was constructed prior to December 31, 1942, a special plaque which
identifies the craft as a vessel of historical interest.  The
provisions of this section shall apply to documented as well as
undocumented vessels.  The size, shape, and content of such plaque
and its positioning on the vessel shall be determined by the
department after consultation with the Department of Boating and
Waterways; provided, that such plaque shall be of a durable material
and shall be no smaller than six inches in height and six inches in
width.  A reasonable fee, as determined by the department, sufficient
to support the administration of such program, shall be charged for
issuance of the plaque.  The plaque shall be valid for the life of
the vessel.


9854.  The owner of any vessel already covered by a number in full
force and effect which has been issued to it pursuant to then
operative federal law or a federally approved numbering system of
another state shall make application within 30 days after the 90-day
reciprocity period provided for in Section 9873.  Such application
shall be in a manner and pursuant to the procedure required for the
issuance of a number under Section 9853.



9855.  If the ownership of an undocumented vessel changes, the
existing certificate of ownership and a new application form
accompanied by a fee of fifteen dollars ($15) shall be filed with the
department and a new certificate of ownership and a new certificate
of number shall be issued in the same manner as provided for in the
initial issuance of number and the number shall be reassigned to the
new owner.



9856.  (a) It is not required that the department issue, or that an
application be made for a new certificate of ownership or a new
certificate of number, or that the fee prescribed in Section 9855 be
paid on transfer of an undocumented vessel to a dealer in the course
of his business as is otherwise provided in this division, if both of
the following conditions are satisfied:
   (1) The vessel is held and operated by the dealer only for the
purpose of resale in the course of his business.
   (2) The dealer has been issued a sales permit by the Board of
Equalization covering sale of such property.
   (b) The certificate of ownership bearing the endorsement of the
transferor to the dealer of a vessel registered pursuant to this
section and the certificate of number thereof shall be retained by
the dealer until a transfer of the vessel by him.  During that time
the certificates shall be subject to inspection by the department or
other authorized agency.  Upon transfer of the vessel by the dealer
the certificate of ownership shall be endorsed by the dealer and
transfer further accomplished as otherwise provided in this division.




9857.  If an agency of the United States government shall have in
force an overall system of identification numbering for undocumented
vessels within the United States, the numbering system employed
pursuant to this chapter shall be in conformity therewith.




9858.  The department may issue any certificate of ownership and
certificate of number or temporary certificate of number directly or
the department may authorize any person to act as agent for the
issuance of a certificate of number or temporary certificate of
number.  If a person accepts such authorization, he may be assigned a
block of numbers which upon issuance, in conformity with this
chapter and with any rules and regulations of the department, shall
be valid as if issued directly by the department.  Registration of
vessels pursuant to the provisions of this code shall be conducted by
the department or by any agent authorized by the department to
conduct such registration.



9858.1.  Any documentary preparation charge by an authorized agent
of the department shall not exceed twenty dollars ($20).



9858.5.  Any licensed yacht and ship broker acting as an authorized
agent of the department may collect use tax on a vessel transfer when
applicable, and transmit the use tax and the registration
application and applicable fees to the department, or may submit the
registration application and applicable fees to the department for
collection of any use tax due.



9859.  All money received by an agent from the sale of certificates
of number or temporary certificates of number and use tax shall be
kept separate and apart from any other funds of the agent, and shall
at all times belong to the state.
   In case of an assignment for the benefit of creditors,
receivership, or bankruptcy, the state shall have a preferred claim
against the agent, receiver, or trustee for all moneys owing the
state for the sale of certificates as provided in this code and any
use tax, and shall not be estopped from asserting such claim by
reason of the commingling of funds or otherwise.



9860.  (a) Certificates of number shall be renewed before midnight
of the expiration date by presentation of the certificate of number
last issued for the vessel or by presentation of a potential
registration card issued by the department.  The fee for renewal
shall be ten dollars ($10) for each two-year period and shall
accompany the request for renewal.  If the certificate of number and
potential registration card are unavailable, a fee as specified in
Section 9867 shall not be paid.
   (b) This section applies to the renewal of all certificates of
number that expire on or after, or are renewed on or after, December
31, 1997.
   (c) This section shall become operative on  September 1, 1997.



9861.  (a) All certificates of number expire on December 31 of every
odd-numbered year.
   (b) This section applies to all certificates of number that expire
on or after, or are renewed on or after, December 31, 1997.



9862.  (a) If the initial application for a number is not received
by the department on or before the date set by the department, a
penalty of one-half of the fee shall be assessed.  If a certificate
of number is not renewed on or before midnight of the expiration
date, a penalty of one-half of the fee shall be assessed.
   (b)  If any person has received as the transferee of a vessel a
properly endorsed certificate of ownership and certificate of number
describing that vessel and the transfer fee has not been paid as
required by this code within 30 days, a penalty of one-half of the
transfer fee specified in Section 9855 shall be assessed.




9862.5.  In computing any penalty imposed under this chapter, a
fraction of a dollar shall be disregarded unless it equals or exceeds
fifty cents ($0.50), in which case it shall be treated as one dollar
($1).


9863.  All fees received, except moneys collected under Section
9875, pursuant to this chapter shall be deposited in the Harbors and
Watercraft Revolving Fund and, notwithstanding Section 13340 of the
Government Code, are continuously appropriated, without regard to
fiscal years, for the administration of this chapter by the
department.  Any funds in the Harbors and Watercraft Revolving Fund
derived pursuant to this chapter in excess of the amount determined
by the Director of Finance, from time to time, to be necessary for
expenditure for the administration of this chapter, notwithstanding
Section 13340 of the Government Code, are continuously appropriated
to the Department of Boating and Waterways, without regard to fiscal
years, for expenditure in accordance with Section 663.7 of the
Harbors and Navigation Code.



9864.  The owner shall furnish the department notice of the wrecking
or dismantling, or the destruction or abandonment of an undocumented
vessel within 15 days thereof.  The wrecking, dismantling,
destruction or abandonment shall terminate the certificate of
ownership and certificate of number of such undocumented vessel which
if in existence shall be surrendered to the department.
   The department, upon receiving notice of the abandonment of an
undocumented vessel, or upon an official determination that an
undocumented vessel has been abandoned, may order the destruction of
such vessel at the expiration of 30 days if an investigation by the
department has disclosed that no owner, legal owner, or lienholder
claims an interest in the vessel, or if those persons have waived
their interest.  Nothing in this section shall be construed to deny
the legal rights, otherwise provided for by law, of any person
claiming an interest in an abandoned vessel if that person notifies
the department within the time specified therefor.



9865.  Any holder of a certificate of number shall notify the
department within 15 days, if his address no longer conforms to the
address appearing on the certificate and shall, as part of such
notification, furnish the department with his new address.  The
department may provide for the surrender of the certificate bearing
the former address and its replacement with a certificate bearing the
new address or for the alteration of an outstanding certificate to
show the new address of the holder.



9866.  No number other than the number issued to an undocumented
vessel or granted reciprocity pursuant to this chapter shall be
painted, attached, or otherwise displayed on either side of the bow
of such undocumented vessel.


9867.  A fee of fifteen dollars ($15) shall be charged for a
duplicate of certificate of number, certificate of ownership, or
current year registration stickers.



9867.5.  Upon application for transfer of registration pursuant to
Section 9917, a fee as specified in Section 9867 shall be paid to the
department in addition to the regular transfer fee.



9868.  Fees received pursuant to this chapter are appropriated for
payment of refunds of money received or collected in the payment of
fees, permits, or services whenever the fee, permit or service cannot
lawfully be issued or rendered to the applicant, and in cases where
the payment in whole or in part represents overpayment or payment in
duplicate.



9869.  The department shall transmit information from each initial
application and each transfer application or renewal application to
the county assessor in the county of residence of the owner of the
vessel and to the county assessor in the county in which the vessel
is principally kept if other than the county of residence of the
owner, if such other county is known to the department.  If an
application shows that the owner of the vessel has changed his
residence from one county to another county or shows that there has
been a change in the county in which the vessel is principally kept,
the department shall transmit information of the change to the
assessor of the county in which the owner of the vessel formerly
resided or to the assessor of the county in which the vessel formerly
was principally kept.  After the department receives a notice
pursuant to Section 9864, the department shall transmit information
of the destruction or abandonment to the assessor of the county in
which the owner of the vessel resides and to the assessor of the
county in which the vessel is or was principally kept, if other than
the county of residence of the owner, if such other county was known
to the department.



9870.  A nonprofit public benefit corporation governed by the
Nonprofit Public Benefit Corporation Law (Part 2 (commencing with
Section 5110) of Division 2 of Title 1 of the Corporations Code),
which purposes relate to promoting the ability of boys and girls to
do things for themselves, to train them in scoutcraft and camping,
and to teach them patriotism, courage, self-reliance and kindred
virtues, shall not be required to pay the fees provided for in
Sections 9853, 9855, and 9860.



9871.  Upon application for original registration or transfer of
registration of an undocumented vessel, the department may assign an
appropriate hull identification number to such vessel whenever there
is no hull identification number thereon, or when a hull
identification number thereon has been destroyed or obliterated; and
such hull identification number shall be permanently marked in an
integral part of the hull which is accessible for inspection.



9871.5.  Upon application for renewal of registration of an
undocumented vessel, the applicant is required to furnish the hull
identification number if the records of the department do not contain
such number.  If the vessel does not have a hull number, the
department may assign an appropriate hull identification number.




9872.  No person shall intentionally deface, destroy, or alter the
hull identification number of a vessel required to be numbered under
this chapter without written authorization from the department; nor
shall any person place or stamp any serial or other number or mark
upon an undocumented vessel which might interfere with identification
of the hull identification number.  This does not prohibit the
restoration by an owner of an original number or mark when the
restoration is authorized by the department, nor prevent any
manufacturer from placing, in the ordinary course of business,
numbers or marks upon new vessels or new parts thereof.




9872.1.  (a) No person shall knowingly buy, sell, offer for sale,
receive, or have in his or her possession any vessel, or component
part thereof, from which the hull identification number has been
removed, defaced, altered, or destroyed, unless the vessel or
component part has attached thereto a hull identification number
assigned or approved by the department in lieu of the manufacturer's
number.
   (b) Whenever a vessel, or component part thereof, from which the
hull identification number has been removed, defaced, altered, or
destroyed, and which does not have attached thereto an assigned or
approved number as described in subdivision (a), comes into the
custody of a peace officer, the seized vessel or component part is
subject, in accordance with the procedures specified in this section,
to impoundment and to such disposition as may be provided by order
of a court having jurisdiction.  This subdivision does not apply with
respect to a seized vessel or component part used as evidence in any
criminal action or proceeding.
   (c) Whenever a vessel or component part described in subdivision
(a) comes into the custody of a peace officer, any person from whom
the property was seized, and all claimants to the property whose
interest or title is on registration records in the department, shall
be notified within five days, excluding Saturdays, Sundays, and
holidays, after the seizure, of the date, time, and place of the
hearing required in subdivision (e).  The notice shall contain the
information specified in subdivision (d).
   (d) Whenever a peace officer seizes a vessel or component part as
provided in subdivision (b), any person from whom the property was
seized shall be provided a notice of impoundment of the vessel or
component part which shall serve as a receipt and contain the
following information:
   (1) Name and address of person from whom the property was seized.

   (2) A statement that the vessel or component part seized has been
impounded for investigation of a violation of this section and that
the property will be released upon a determination that the hull
identification number has not been removed, defaced, altered, or
destroyed, or upon the presentation of satisfactory evidence of
ownership of the vessel or component part, provided that no other
person claims an interest in the property; otherwise, a hearing
regarding the disposition of the vessel or component part shall take
place in the proper court.
   (3) A statement that any person from whom the property was seized,
and all claimants to the property whose interest or title is on
registration records in the department, will receive written
notification of the date, time, and place of the hearing within five
days, excluding Saturdays, Sundays, and holidays, after the seizure.

   (4) Name and address of the law enforcement agency where evidence
of ownership of the vessel or component part may be presented.
   (5) A statement of the contents of this section.
   (e) A hearing on the disposition of the property shall be held by
the superior court within 60 days after the seizure.  The hearing
shall be before the court without a jury.  A proceeding under this
section is a limited civil case.
   (1) If the evidence reveals either that the hull identification
number has not been removed, altered, or destroyed or that the hull
identification number has been removed, altered, or destroyed but
satisfactory evidence of ownership has been presented to the seizing
agency or court, the property shall be released to the person
entitled thereto.
   (2) If the evidence reveals that the hull identification number
has been removed, altered, or destroyed, and satisfactory evidence of
ownership has not been presented, the property shall be destroyed,
sold, or otherwise disposed of as provided by court order.
   (3) At the hearing, the seizing agency shall have the burden of
establishing that the hull identification number has been removed,
defaced, altered, or destroyed and that no satisfactory evidence of
ownership has been presented.
   (f) Nothing in this section precludes the return of a seized
vessel or component part to the owner by the seizing agency following
presentation of satisfactory evidence of ownership and, if
determined necessary, upon the assignment of an identification number
to the vessel or component part by the department.




9872.5.  No certificate of ownership shall be issued under this
chapter for any "amphibious vehicle" for which a certificate of
ownership may be issued by the department under other provisions of
this code.
   For the purposes of this section, an "amphibious vehicle" is a
device by which any person or property may be propelled, moved, or
drawn, both upon water and upon a highway on land.



9873.  An undocumented vessel shall not be required to be numbered
under this chapter if it is:
   (a) Already covered by a number in full force and effect which has
been issued to it pursuant to federal law or a federally approved
numbering system of another state; provided, that such undocumented
vessel shall be subject to the numbering requirements of this chapter
if it has changed its state of principal use and has been within
this state for a period in excess of 90 consecutive days.
   (b) A vessel from a country other than the United States
temporarily using the waters of this state.
   (c) A public vessel of the United States, another state or
subdivision thereof or municipality of such other state.
   (d) A ship's lifeboat.
   (e) Any vessel belonging to a class of boats which has been
exempted from numbering by the department after the department has
found that the numbering of vessels of such class will not materially
aid in their identification; and, if any agency of the federal
government has a numbering system applicable to the class of vessels
to which the vessel in question belongs, after the department has
further found that the vessel would also be exempt from numbering if
it were subject to the federal law.  An undocumented vessel propelled
solely by oars or paddles and an undocumented vessel eight feet or
less propelled solely by sail are exempt from the provisions of this
chapter.


9874.  The department may suspend, cancel, or revoke the
registration of a vessel, a certificate of number, sticker,
certificate of ownership, or temporary certificate of number in any
of the following cases:
   (a) When the department is satisfied that the registration or the
certificate of number, sticker, certificate of ownership, or
temporary certificate of number was fraudulently obtained or
erroneously issued.
   (b) When the department determines that the required fee has not
been paid and the same is not paid upon reasonable notice and demand.




9875.  Except as provided in Section 40000.8, any person who
violates any provision of this chapter or any rule or regulation of
the department adopted pursuant to this chapter is guilty of an
infraction, punishable under Section 42001.


9880.  (a) The department shall not renew the certificate of number
of, or allow a transfer of any title to or interest in, a vessel if
the county tax collector has notified the department pursuant to
Section 3205 of the Revenue and Taxation Code, that taxes are
delinquent upon the vessel, and the department shall not subsequently
issue a certificate of number for, or a new certificate of ownership
reflecting a transfer of title to or interest in, that vessel until
the department receives a certificate of clearance from the county
tax collector that the delinquent taxes have been paid on that vessel
or until the county tax collector has provided notice to the
department that the delinquency has been satisfied.
   (b) The department shall record the notice of delinquent taxes on
the vessel.  If the department is notified by the county tax
collector that the delinquency has been satisfied, the department
shall, if all other requirements are satisfied, issue a certificate
of number for, or a new certificate of ownership reflecting a
transfer of title to or interest in, the vessel.  The department
shall assess a fee upon each county tax collector in an amount that
is sufficient to reimburse the department for its actual costs of
administering this section.
   (c) Whenever a vessel subject to this section is transferred, or
not renewed for 26 months, the department shall notify the county tax
collector of that fact.