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California’s Harbors and Navigation Code, in Division 1, Chapter 3, creates the Boating and Waterboys Commission. Section 80 provides that the Harbors and Watercraft Commission and its successor, the Navigation and Ocean Development Commission, are continued in existence in the Department of Parks and Recreation and within the Division of Boating and Waterways as the Boating and Waterways Commission, but with only the powers and duties imposed upon it by this chapter.
In addition, there are seven specified legislative findings and declarations. In addition, the Legislature declares that effectively managed waterways and adequate facilities for the use of boating and watercraft vessels are essential for safe, accessible, and ecologically balanced boating and waterway recreation throughout the state.
Section 80.2 requires the commission to be composed of seven members appointed by the Governor, with the advice and consent of the Senate. The members must have experience and background consistent with the functions of the commission. In making appointments to the commission, the Governor is required to give primary consideration to geographical location of the residence of members as related to boating activities and harbors.
Section 80.6 provides that members of the commission to receive a salary for their services in an amount of $100 for each day, up to a maximum of 14 days per year. A member of the commission may also be reimbursed for the actual and necessary expenses which are incurred in the performance of the member’s duties.
Section 80.6 authorizes the members of the commission to be removed from office by the Governor for inefficiency, neglect of duty, misuse of office, or misfeasance in office, in the manner provided by law for the removal of other public officers for like causes.
Section 81 requires the commission to organize and elect from its members a chairman and a vice chairman.
Section 81.2 requires the commission to adopt a seal.
Section 81.4 prohibits an action from being taken by the commission by less than a majority of its members.
Section 81.6 requires the Department of General Services to furnish suitable offices and equipment for the use of the commission.
Section 81.8 requires the deputy director to act as the secretary of the commission.
Section 82 requires the division to have only the five specified duties with respect to the commission.
Section 82.3 requires the commission to have seven specified duties and responsibilities.
Section 82.4 requires all meetings of the commission to be open and public and all persons are to be permitted to attend any meetings of the commission.
Section 82.6 requires all records of the commission to be open to inspection by the public during regular office hours.
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Author: Chris Micheli
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