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

AND IMPOSING DUTIES ON WARDENS AND KEEPERS OF JAILS, POLICE STATIONS AND LOCK-UPS." "Municipality." A county, city, borough, incorporated town or township of this Commonwealth.

<-- (a) Presumption.--Subject to subsection (b), a boat is presumed to be abandoned underif anythe owner of the followingboat <--cannot circumstances:be contacted and the boat:

IF(1) THEis OWNERphysically OFinoperable THEand BOATis CANNOTleft BEunattended CONTACTEDon ANDwaters <--of THEthis BOAT:Commonwealth or other public property;

(1)(2) Thehas boatremained isillegally physically inoperable and is left <-- unattended on waters of this Commonwealth or other public property.;property;

<--(3) (2)is Theleft boatunattended hason remainedor illegallyalong on waters of this <-- Commonwealth or other public property.;property and does not bear a valid registration;

<--or (3)(4) Thehas boatremained is left unattended on orthe alongprivate watersproperty of <--a 20250HB0103PN1113salvor -for 330 -calendar thisdays. Commonwealth or other public property and does not bear a valid registration.;

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 20250HB0103PN1999 - 5 - shall, within fiveseven SEVENcalendar CALENDAR days of the discovery of the <--at- at-riskrisk boat, derelict boat or abandoned boat, notify the commission in writing of the following:

<--"SALVOR." (1)A The"VEHICLE nameSALVAGE andDEALER" contactAS informationTHAT ofTERM theIS municipalityDEFINED or<-- lawIN enforcement75 agencyPA.C.S. that made the discovery.

§ 1337(C)(2) (RELATING TO USE OF "MISCELLANEOUS MOTOR VEHICLE BUSINESS" REGISTRATION PLATES), AND HOLDS A CURRENT, VALID CERTIFICATE OF AUTHORIZATION ISSUED BY THE DEPARTMENT OF TRANSPORTATION UNDER 75 PA.C.S.

§ 7302 (RELATING TO CERTIFICATION OF AUTHORIZATION).

§ 5703.

IDENTIFICATION, NOTICE AND RELATED ACTIONS FOR DISPOSITION OF AT-RISK, DERELICT AND ABANDONED BOATS.

(A) AUTHORIZATION.--A MUNICIPALITY OR LAW ENFORCEMENT AGENCY MAY IDENTIFY A BOAT TO BE AN AT-RISK BOAT, DERELICT BOAT OR ABANDONED BOAT WITHIN THE JURISDICTION OF THE MUNICIPALITY OR LAW ENFORCEMENT AGENCY, IN COLLABORATION WITH THE COMMISSION.

(B) NOTICE TO COMMISSION.--WITHIN SEVEN CALENDAR DAYS OF THE IDENTIFICATION OF THE AT-RISK BOAT, DERELICT BOAT OR ABANDONED BOAT, THE MUNICIPALITY OR LAW ENFORCEMENT AGENCY SHALL NOTIFY THE COMMISSION 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 20250HB0103PN1999 - 6 - 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<-- PERSONin ORperson BYor VERIFIABLEby ELECTRONICverifiable MEANS,electronic SUCHmeans, ASsuch PUBLICLYas <--publicly ACCESSIBLEaccessible DIGITALdigital MEDIA,media, of the at-risk boat, derelict boat or abandoned boat.

OWNER:

<-- (I) BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED;

(II) IN PERSON;

(III) BY DIRECT, INDIVIDUAL, VERIFIABLE ELECTRONIC MEANS, INCLUDING EMAIL OR OTHER FORMS OF ONLINE DIRECT MESSAGING;

OR (IV) PUBLICLY ACCESSIBLE DIGITAL MEDIA, INCLUDING SOCIAL MEDIA, IF AT LEAST ONE DIRECT OPTION UNDER SUBPARAGRAPH (I), (II) OR (III) IS ALSO PURSUED.

(v) A statement that if, within 10 14 CALENDARcalendar 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, 20250HB0103PN1999 - 7 - 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 arestitution finecosts <-- RESTITUTION COSTS and any other penalty prescribed by <-- 20250HB0103PN1113 - 5 - law.

(d) Public notice.--If notice under subsection (c) cannot be <-- accomplished, IF THE IDENTITY OF THE OWNER OF THE AT-RISK BOAT, <-- DERELICT BOAT OR ABANDONED BOAT CANNOT BE DETERMINED WITH REASONABLE CERTAINTY, 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 ORor BYAND VERIFIABLEby ELECTRONICverifiable MEANS,electronic SUCHmeans, ASsuch PUBLICLY <-- ACCESSIBLEas DIGITALpublicly MEDIA,accessible digital media, within the municipality or jurisdiction of the law 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 CALENDAR days after publication of the notice under this subsection.

(e)THE ActionsNOTICE byREQUIRED owner.--UNDER (1)THIS WithinSUBSECTION 10SHALL 14HAVE CALENDAR days of receipt of the notice <-- underTHE subsectionSAME (c)EFFECT orAS ofNOTICE publicationSENT ofBY theCERTIFIED noticeMAIL. under subsection (d), the owner of the at-risk boat, derelict boat or abandoned boat shall:

(i)(e) remove,Actions repair,by salvage,owner.-- securely(1) storeWithin 14 calendar days of receipt of the notice under subsection (c) or junkof publication of the notice under subsection (d), the owner of the at-risk boat, derelict boat or abandoned boat,boat asshall: appropriate;

(i) remove, repair, salvage, securely store or junk 20250HB0103PN1999 - 8 - the at-risk boat, derelict boat or abandoned boat, as appropriate;

<-- (i) May,May MAY, subject to Stateexisting EXISTING law, including a <-- rule or regulation established by the commission, claim 20250HB0103PN1113 - 6 - the at-risk boat upon paying the accrued costs of removal and storage of the at-risk boat and any applicable fine regardingwithin 30 calendar days of the at-riskoriginal boat.notice under <-- subsection (b).

WITHIN(ii) 30Commits CALENDARa DAYSmisdemeanor OFof <--the THEthird ORIGINALdegree NOTICEif UNDERrecovery SUBSECTIONand (B).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 and restitution costs of the recovering entity.

(ii)DAYS CommitsOF aRECEIPT misdemeanorOF ofTHE the third degree IF <-- RECOVERYNOTICE ANDUNDER DISPOSALSUBSECTION COSTS(C) EXCEEDOR $2,500PUBLICATION AND THE OWNER WAS PROPERLY NOTIFIED OTHERWISE THAT THE PENALTY WOULD BE A SUMMARY OFFENSE OF THE FIRSTNOTICE DEGREEUNDER andSUBSECTION shall,(D). upon conviction, be sentenced to pay a fine of not more than <-- $5,000.

AND(3) RESTITUTIONIn COSTSthe OFcase THEof RECOVERINGa ENTITY.derelict boat or abandoned boat, after the time period specified in the notice under subsection (c) or (d):

<--(i) (3)The Inowner of the casederelict ofboat aor abandoned boat shall have no right to claim the derelict boat or abandoned boat,boat after 30 calendar days following the time<-- period20250HB0103PN1999 specified- in9 the- original notice under subsection (c)(b). or (d):

(i)OF TheRECEIPT ownerOF ofTHE the<-- derelictNOTICE boatUNDER orSUBSECTION abandoned(C) boatOR shallPUBLICATION haveOF noTHE rightNOTICE toUNDER claimSUBSECTION the(D). derelict boat or abandoned boat.

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 IFif <-- RECOVERYrecovery ANDand DISPOSALdisposal COSTScosts EXCEEDexceed $2,500 ANDand THEthe OWNERowner WASwas PROPERLYproperly NOTIFIEDnotified OTHERWISEotherwise THATthat THEthe PENALTYpenalty WOULDwould BEbe Aa SUMMARYsummary OFFENSEoffense OFof THEthe FIRSTfirst DEGREEdegree and shall, upon conviction, be sentenced to pay a fine ofand notrestitution morecosts thanof <--the $5,000.recovering entity.

ANDVIOLATES RESTITUTIONTHE COSTSPROVISIONS <-- OF THIS CHAPTER IF THE RECOVERINGOWNER ENTITY.WAS PROPERLY NOTIFIED AND INTENTIONALLY DISREGARDED THE NOTICE PROVIDED UNDER SUBSECTION (C) AND SHALL BE SUBJECT TO THE PENALTIES UNDER SECTION 5704 (RELATING TO PENALTIES).

<-- (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)(g) LIABILITY.--ALiability.--A PERSONperson INVOLVEDinvolved INin THEthe NOTIFICATION,IDENTIFICATION, <-- INVESTIGATION,notification, RECOVERYinvestigation, ORrecovery STORAGEor OFstorage Aof BOATa UNDERboat THISunder CHAPTER<-- SHALLthis NOTchapter BEshall LIABLEnot FORbe ANYliable CLAIMfor OFany PROPERTYclaim DAMAGEof RELATEDproperty TOdamage THErelated BOAT.to the boat.

§ 5704.

PENALTIES.

<-- (A) GRADING AND PENALTIES.--AN INDIVIDUAL VIOLATING THIS 20250HB0103PN1999 - 10 - CHAPTER:

(1) FOR A FIRST OFFENSE, COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $500, IN ADDITION TO RESTITUTION COSTS.

(2) FOR A SECOND OFFENSE, COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $1,000, IN ADDITION TO RESTITUTION COSTS.

(3) FOR A THIRD OR SUBSEQUENT OFFENSE, COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY RESTITUTION COSTS.

(B) DEFINITION.--FOR PURPOSES OF THIS SUBSECTION, THE TERM "RESTITUTION COSTS" SHALL INCLUDE COSTS FOR TOWING, STORAGE, NOTICE, PUBLICATION MAILING OR ANY OTHER COSTS ASSOCIATED WITH THE REMOVAL OR JUNKING OF A BOAT.

(a) Development.--The commission shall develop forms to be used by municipalities and law enforcement agencies to provide notice in accordance with section 5704(b) and (c) (relating to <-- investigations, notice and related actions).

5703(B) AND (C) <-- (RELATING TO IDENTIFICATION, NOTICE AND RELATED ACTIONS FOR DISPOSITION OF AT-RISK, DERELICT AND ABANDONED BOATS).

(c) Submittal.--A municipality or law enforcement agency may submit the notice described under section 5704(b) 5703(B) to the <-- commission by electronic means or as otherwise provided by the commission.

This chapter is not intended to alter or supersede any law or 20250HB0103PN1999 - 11 - ordinance regarding the investigation, removal, abatement or prevention of nuisances under the jurisdiction of the State or a municipality or any available enforcement mechanism, remedy or penalty relating to nuisances under State law or municipal ordinance.

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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