HB 103 — An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, providing for at-risk, derelict and abandoned boats; and imposing penalties.

PRIOR PRINTER'S NO.

82 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

1113103 THE2025 GENERALINTRODUCED ASSEMBLYBY OFKULIK, PENNSYLVANIASANCHEZ, HOUSEGREINER, BILLMENTZER, SessionNEILSON, GIRAL, KUZMA, HILL-EVANS, HADDOCK, HOHENSTEIN, HARKINS, DELLOSO AND GALLAGHER, JANUARY 14, 2025 REFERRED TO COMMITTEE ON GAME AND FISHERIES, JANUARY 14, 2025 AN ACT Amending Title 30 (Fish) of No.the Pennsylvania Consolidated Statutes, providing for at-risk, derelict and abandoned boats;

103 2025 INTRODUCED BY KULIK, SANCHEZ, GREINER, MENTZER, NEILSON, GIRAL, KUZMA, HILL-EVANS, HADDOCK, HOHENSTEIN, HARKINS, DELLOSO AND GALLAGHER, JANUARY 14, 2025 AS REPORTED FROM COMMITTEE ON GAME AND FISHERIES, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 24, 2025 AN ACT Amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, providing for at-risk, derelict and abandoned boats;

(3) The boat remains on waters of this Commonwealth or other public property after a boating accident, fire or 20250HB0103PN1113 - 2 - weather event.

20250HB0103PN0082 - 2 - (4) The boat is in a neglected or deteriorating condition such that the boat's hull, steering or propulsion systems are compromised due to missing, incomplete, damaged, broken or inoperable components.

(a) Presumption.--Subject to subsection (b), a boat is presumed to be abandoned under any of the following <-- circumstances:

IF(1) THEThe OWNERboat OFis THEphysically BOATinoperable CANNOTand BEis CONTACTEDleft ANDunattended <--on THEwaters BOAT:of this Commonwealth or other public property.

(1)(2) The boat ishas physicallyremained inoperableillegally and is left <-- unattended on waters of this Commonwealth or other public property.;property.

<--(3) (2) The boat hasis remainedleft illegallyunattended on or along waters of this <-- Commonwealth or other public property.;property and does not bear a valid registration.

<--20250HB0103PN0082 (3) The boat is left unattended on or along waters of <-- 20250HB0103PN1113 - 3 - this(4) CommonwealthThe orboat otherhas publicremained propertyon andthe doesprivate notproperty bearof a validsalvor registration.;for 20 days.

OR(b) <--Rebutting (4)presumption.--The Thepresumption boatunder hassubsection remained(a) onis therebuttable privateby property of a <--preponderance salvorof forthe 20evidence. 30 CALENDAR days.

<-- (b) Rebutting presumption.--The presumption under subsection (a) is rebuttable by a preponderance of the evidence.

(b) Notice to commission.--If an investigation under subsection (a) uncovers an at-risk boat, derelict boat or abandoned boat, the municipality or law enforcement agency shall, within five SEVEN CALENDAR days of the discovery of the <-- at-risk boat, derelict boat or abandoned boat, notify the commission in writing of the following:

<-- (1) The name and contact information of the municipality or law enforcement agency that made the discovery.

(c) Notice to owner.-- (1) Following notification under subsection (b), the municipality or law enforcement agency shall, in collaboration with the commission, make reasonable efforts to 20250HB0103PN1113 - 4 - notify the owner by certified mail, return receipt requested, IN PERSON OR BY VERIFIABLE ELECTRONIC MEANS, SUCH AS PUBLICLY <-- ACCESSIBLE DIGITAL MEDIA, of the at-risk boat, derelict boat or abandoned boat.

20250HB0103PN0082 - 4 - (2) Notice under this subsection shall contain the following:

(v) A statement that if, within 10 14 CALENDAR days <-- after receipt of the notice under this subsection, the at-risk boat, derelict boat or abandoned boat is not removed from its current location, repaired, salvaged, securely stored or junked, or alternate arrangements are not made with the municipality, law enforcement agency or commission:

(B) The owner of the at-risk boat, derelict boat or abandoned boat shall be subject to a fine <-- RESTITUTION COSTS and any other penalty prescribed by <-- 20250HB0103PN1113 - 5 - law.

(d) Public notice.--If notice under subsection (c) cannot be accomplished, the municipality or law enforcement agency shall, in collaboration with the commission, take steps to publish the notice described in subsection (c) in a newspaper of general circulation OR BY VERIFIABLE ELECTRONIC MEANS, SUCH AS PUBLICLY <-- ACCESSIBLE DIGITAL MEDIA, within the municipality or jurisdiction of the law 20250HB0103PN0082 - 5 - enforcement agency that provided the notice under subsection (c), except that the statement under subsection (c)(2)(v) shall refer to a time frame that is 10 14 <-- CALENDAR days after publication of the notice under this subsection.

(e) Actions by owner.-- (1) Within 10 14 CALENDAR days of receipt of the notice <-- under subsection (c) or of publication of the notice under subsection (d), the owner of the at-risk boat, derelict boat or abandoned boat shall:

(i) May, subject to State EXISTING law, including a <-- rule or regulation established by the commission, claim 20250HB0103PN1113 - 6 - the at-riskat- risk boat upon paying the accrued costs of removal and storage of the at-risk boat and any applicable fine regarding the at-risk boat.

WITHIN(ii) 30Commits CALENDARa DAYSmisdemeanor OFof <--the THEthird ORIGINALdegree NOTICEand UNDERshall, SUBSECTIONupon (B).conviction, be sentenced to pay a fine of not more than $5,000.

(ii)(3) CommitsIn athe misdemeanorcase of thea thirdderelict degreeboat IFor <--abandoned RECOVERYboat, ANDafter DISPOSALthe COSTStime EXCEEDperiod $2,500specified ANDin THEthe OWNERnotice WASunder PROPERLY20250HB0103PN0082 NOTIFIED- OTHERWISE6 THAT- THEsubsection PENALTY(c) WOULDor BE(d): A SUMMARY OFFENSE OF THE FIRST DEGREE and shall, upon conviction, be sentenced to pay a fine of not more than <-- $5,000.

AND RESTITUTION COSTS OF THE RECOVERING ENTITY.

<-- (3) In the case of a derelict boat or abandoned boat, after the time period specified in the notice under subsection (c) or (d):

AFTER 30 CALENDAR DAYS FOLLOWING THE <-- ORIGINAL NOTICE UNDER SUBSECTION (B).

(iii) The owner of the derelict boat or abandoned boat commits a misdemeanor of the third degree IF <-- RECOVERY AND DISPOSAL COSTS EXCEED $2,500 AND THE OWNER WAS PROPERLY NOTIFIED OTHERWISE THAT THE PENALTY WOULD BE A SUMMARY OFFENSE OF THE FIRST DEGREE and shall, upon conviction, be sentenced to pay a fine of not more than <-- $5,000.

AND(f) RESTITUTIONRecovery COSTSof OFcosts.--A THEmunicipality, RECOVERINGa ENTITY.law enforcement agency or the commission may commence an action to recover the costs incurred by the municipality, law enforcement agency or commission regarding:

<-- (f) Recovery of costs.--A municipality, a law enforcement agency or the commission may commence an action to recover the costs incurred by the municipality, law enforcement agency or 20250HB0103PN1113 - 7 - commission regarding:

(G) LIABILITY.--A PERSON INVOLVED IN THE NOTIFICATION, <-- INVESTIGATION, RECOVERY OR STORAGE OF A BOAT UNDER THIS CHAPTER SHALL NOT BE LIABLE FOR ANY CLAIM OF PROPERTY DAMAGE RELATED TO THE BOAT.

20250HB0103PN0082 - 7 - § 5706.

The commission may adopt or promulgate rules or regulations relating to at-risk boats, derelict boats or abandoned boats, 20250HB0103PN1113 - 8 - including the transfer of ownership of or interest in at-risk boats, derelict boats or abandoned boats.

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