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

PRINTER'S NO.   82

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 103
                                                Session of
                                                  2025

     INTRODUCED BY KULIK, SANCHEZ, GREINER, MENTZER, NEILSON, 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
 1   Amending Title 30 (Fish) of the Pennsylvania Consolidated
 2      Statutes, providing for at-risk, derelict and abandoned
 3      boats; and imposing penalties.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.     Title 30 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a chapter to read:
 8                                 CHAPTER 57
 9                    AT-RISK, DERELICT AND ABANDONED BOATS
10   Sec.
11   5701.   Scope of chapter.
12   5702.   Definitions.
13   5703.   Abandoned boats.
14   5704.   Investigations, notice and related actions.
15   5705.   Forms.
16   5706.   Nuisances.
17   5707.   Rules and regulations.
18   § 5701.   Scope of chapter.
 1      This chapter relates to at-risk boats, derelict boats and
 2   abandoned boats.
 3   § 5702.    Definitions.
 4      The following words and phrases when used in this chapter
 5   shall have the meanings given to them in this section unless the
 6   context clearly indicates otherwise:
 7      "Abandoned boat."        A boat that is presumed to be abandoned
 8   under section 5703 (relating to abandoned boats).
 9      "At-risk boat."        As follows:
10             (1)   A boat that is at risk of becoming a derelict boat.
11             (2)   The term may involve any of the following
12      circumstances:
13                   (i)    The boat is taking on or has taken on water
14             without an effective means to dewater.
15                   (ii)    Spaces on the boat that are designed to be
16             enclosed are incapable of being sealed off or remain open
17             to the elements for extended periods of time.
18                   (iii)    The boat has broken loose or is in danger of
19             breaking loose from its anchor.
20                   (iv)    The boat does not have an effective means of
21             propulsion for safe navigation.
22      "Derelict boat."        A boat that is on the waters of this
23   Commonwealth or other public property and may involve any of the
24   following circumstances:
25             (1)   The boat is sunk or partially sunk.
26             (2)   The boat is aground without the ability to extricate
27      itself absent mechanical assistance.
28             (3)   The boat remains on waters of this Commonwealth or
29      other public property after a boating accident, fire or
30      weather event.

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 1             (4)   The boat is in a neglected or deteriorating
 2      condition such that the boat's hull, steering or propulsion
 3      systems are compromised due to missing, incomplete, damaged,
 4      broken or inoperable components.
 5      "Law enforcement agency."     An agency that employs a law
 6   enforcement officer.
 7      "Law enforcement officer."     As follows:
 8             (1)   An individual who, by virtue of the individual's
 9      office or public employment, is vested by law with a duty to
10      maintain public order or make arrests for offenses, whether
11      that duty extends to all offenses or is limited to specific
12      offenses.
13             (2)   The term includes an individual who is employed or
14      elected by the Commonwealth or a municipality and whose duty
15      it is to preserve the peace, make arrests or enforce the laws
16      of this Commonwealth.
17      "Municipality."     A county, city, borough, incorporated town
18   or township of this Commonwealth.
19   § 5703.    Abandoned boats.
20      (a)    Presumption.--Subject to subsection (b), a boat is
21   presumed to be abandoned under any of the following
22   circumstances:
23             (1)   The boat is physically inoperable and is left
24      unattended on waters of this Commonwealth or other public
25      property.
26             (2)   The boat has remained illegally on waters of this
27      Commonwealth or other public property.
28             (3)   The boat is left unattended on or along waters of
29      this Commonwealth or other public property and does not bear
30      a valid registration.

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 1             (4)   The boat has remained on the private property of a
 2      salvor for 20 days.
 3      (b)    Rebutting presumption.--The presumption under subsection
 4   (a) is rebuttable by a preponderance of the evidence.
 5   § 5704.    Investigations, notice and related actions.
 6      (a)    Authorization.--A municipality or law enforcement agency
 7   may investigate at-risk boats, derelict boats and abandoned
 8   boats within the jurisdiction of the municipality or law
 9   enforcement agency, in collaboration with the commission.
10      (b)    Notice to commission.--If an investigation under
11   subsection (a) uncovers an at-risk boat, derelict boat or
12   abandoned boat, the municipality or law enforcement agency
13   shall, within five days of the discovery of the at-risk boat,
14   derelict boat or abandoned boat, notify the commission in
15   writing of the following:
16             (1)   The name and contact information of the municipality
17      or law enforcement agency that made the discovery.
18             (2)   The location of the at-risk boat, derelict boat or
19      abandoned boat.
20             (3)   The condition of the at-risk boat, derelict boat or
21      abandoned boat.
22             (4)   Identifying information regarding the at-risk boat,
23      derelict boat or abandoned boat, including registration,
24      license, capacity plate and name of the owner, if known.
25      (c)    Notice to owner.--
26             (1)   Following notification under subsection (b), the
27      municipality or law enforcement agency shall, in
28      collaboration with the commission, make reasonable efforts to
29      notify the owner by certified mail, return receipt requested,
30      of the at-risk boat, derelict boat or abandoned boat.

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 1            (2)   Notice under this subsection shall contain the
 2      following:
 3                  (i)    Identification of the at-risk boat, derelict
 4            boat or abandoned boat that must be removed from its
 5            current location, repaired, salvaged, securely stored or
 6            junked.
 7                  (ii)    The location and condition of the at-risk boat,
 8            derelict boat or abandoned boat.
 9                  (iii)    The name and contact information of the
10            municipality or law enforcement agency that is providing
11            the notice.
12                  (iv)    Contact information for the commission.
13                  (v)    A statement that if, within 10 days after
14            receipt of the notice under this subsection, the at-risk
15            boat, derelict boat or abandoned boat is not removed from
16            its current location, repaired, salvaged, securely stored
17            or junked, or alternate arrangements are not made with
18            the municipality, law enforcement agency or commission:
19                         (A)   The at-risk boat, derelict boat or abandoned
20                  boat shall be removed and, as appropriate, stored or
21                  junked at the expense of the owner of the at-risk
22                  boat, derelict boat or abandoned boat.
23                         (B)   The owner of the at-risk boat, derelict boat
24                  or abandoned boat shall be subject to a fine and any
25                  other penalty prescribed by law.
26      (d)   Public notice.--If notice under subsection (c) cannot be
27   accomplished, the municipality or law enforcement agency shall,
28   in collaboration with the commission, take steps to publish the
29   notice described in subsection (c) in a newspaper of general
30   circulation within the municipality or jurisdiction of the law

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 1   enforcement agency that provided the notice under subsection
 2   (c), except that the statement under subsection (c)(2)(v) shall
 3   refer to a time frame that is 10 days after publication of the
 4   notice under this subsection.
 5      (e)   Actions by owner.--
 6            (1)   Within 10 days of receipt of the notice under
 7      subsection (c) or of publication of the notice under
 8      subsection (d), the owner of the at-risk boat, derelict boat
 9      or abandoned boat shall:
10                  (i)    remove, repair, salvage, securely store or junk
11            the at-risk boat, derelict boat or abandoned boat, as
12            appropriate; or
13                  (ii)   make alternate arrangements with the
14            municipality, law enforcement agency or commission, which
15            may include the relinquishment of the at-risk boat,
16            derelict boat or abandoned boat to the custody of the
17            municipality, law enforcement agency or commission.
18            (2)   In the case of an at-risk boat, the owner of the at-
19      risk boat that is removed and stored after the time period
20      specified in the notice under subsection (c) or (d):
21                  (i)    May, subject to State law, including a rule or
22            regulation established by the commission, claim the at-
23            risk boat upon paying the accrued costs of removal and
24            storage of the at-risk boat and any applicable fine
25            regarding the at-risk boat.
26                  (ii)   Commits a misdemeanor of the third degree and
27            shall, upon conviction, be sentenced to pay a fine of not
28            more than $5,000.
29            (3)   In the case of a derelict boat or abandoned boat,
30      after the time period specified in the notice under

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 1      subsection (c) or (d):
 2                   (i)    The owner of the derelict boat or abandoned boat
 3             shall have no right to claim the derelict boat or
 4             abandoned boat.
 5                   (ii)    The owner of the derelict boat or abandoned
 6             boat shall be responsible for the expenses to remove or
 7             junk the derelict boat or abandoned boat.
 8                   (iii)    The owner of the derelict boat or abandoned
 9             boat commits a misdemeanor of the third degree and shall,
10             upon conviction, be sentenced to pay a fine of not more
11             than $5,000.
12      (f)    Recovery of costs.--A municipality, a law enforcement
13   agency or the commission may commence an action to recover the
14   costs incurred by the municipality, law enforcement agency or
15   commission regarding:
16             (1)   the removal or storage of an at-risk boat; or
17             (2)   the removal or junking of a derelict boat or
18      abandoned boat.
19   § 5705.    Forms.
20      (a)    Development.--The commission shall develop forms to be
21   used by municipalities and law enforcement agencies to provide
22   notice in accordance with section 5704(b) and (c) (relating to
23   investigations, notice and related actions).
24      (b)    Posting.--The forms described under subsection (a) shall
25   be posted on the publicly accessible Internet website of the
26   commission.
27      (c)    Submittal.--A municipality or law enforcement agency may
28   submit the notice described under section 5704(b) to the
29   commission by electronic means or as otherwise provided by the
30   commission.

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 1   § 5706.   Nuisances.
 2      This chapter is not intended to alter or supersede any law or
 3   ordinance regarding the investigation, removal, abatement or
 4   prevention of nuisances under the jurisdiction of the State or a
 5   municipality or any available enforcement mechanism, remedy or
 6   penalty relating to nuisances under State law or municipal
 7   ordinance.
 8   § 5707.   Rules and regulations.
 9      The commission may adopt or promulgate rules or regulations
10   relating to at-risk boats, derelict boats or abandoned boats,
11   including the transfer of ownership of or interest in at-risk
12   boats, derelict boats or abandoned boats.
13      Section 2.   This act shall take effect in 180 days.




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