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
Amending Title 30 (Fish) of the Pennsylvania Consolidated
Statutes, providing for at-risk, derelict and abandoned
boats; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 30 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 57
AT-RISK, DERELICT AND ABANDONED BOATS
Sec.
5701. Scope of chapter.
5702. Definitions.
5703. Abandoned boats.
5704. Investigations, notice and related actions.
5705. Forms.
5706. Nuisances.
5707. Rules and regulations.
§ 5701. Scope of chapter.
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18 This chapter relates to at-risk boats, derelict boats and
abandoned boats.
§ 5702. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abandoned boat." A boat that is presumed to be abandoned
under section 5703 (relating to abandoned boats).
"At-risk boat." As follows:
(1) A boat that is at risk of becoming a derelict boat.
(2) The term may involve any of the following
circumstances:
(i) The boat is taking on or has taken on water
without an effective means to dewater.
(ii) Spaces on the boat that are designed to be
enclosed are incapable of being sealed off or remain open
to the elements for extended periods of time.
(iii) The boat has broken loose or is in danger of
breaking loose from its anchor.
(iv) The boat does not have an effective means of
propulsion for safe navigation.
"Derelict boat." A boat that is on the waters of this
Commonwealth or other public property and may involve any of the
following circumstances:
(1) The boat is sunk or partially sunk.
(2) The boat is aground without the ability to extricate
itself absent mechanical assistance.
(3) The boat remains on waters of this Commonwealth or
other public property after a boating accident, fire or
weather event.
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30 (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.
"Law enforcement agency." An agency that employs a law
enforcement officer.
"Law enforcement officer." As follows:
(1) An individual who, by virtue of the individual's
office or public employment, is vested by law with a duty to
maintain public order or make arrests for offenses, whether
that duty extends to all offenses or is limited to specific
offenses.
(2) The term includes an individual who is employed or
elected by the Commonwealth or a municipality and whose duty
it is to preserve the peace, make arrests or enforce the laws
of this Commonwealth.
"Municipality." A county, city, borough, incorporated town
or township of this Commonwealth.
§ 5703. Abandoned boats.
(a) Presumption.--Subject to subsection (b), a boat is
presumed to be abandoned under any of the following
circumstances:
(1) The boat is physically inoperable and is left
unattended on waters of this Commonwealth or other public
property.
(2) The boat has remained illegally on waters of this
Commonwealth or other public property.
(3) The boat is left unattended on or along waters of
this Commonwealth or other public property and does not bear
a valid registration.
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30 (4) The boat has remained on the private property of a
salvor for 20 days.
(b) Rebutting presumption.--The presumption under subsection
(a) is rebuttable by a preponderance of the evidence.
§ 5704. Investigations, notice and related actions.
(a) Authorization.--A municipality or law enforcement agency
may investigate at-risk boats, derelict boats and abandoned
boats within the jurisdiction of the municipality or law
enforcement agency, in collaboration with the commission.
(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 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.
(2) The location of the at-risk boat, derelict boat or
abandoned boat.
(3) The condition of the at-risk boat, derelict boat or
abandoned boat.
(4) Identifying information regarding the at-risk boat,
derelict boat or abandoned boat, including registration,
license, capacity plate and name of the owner, if known.
(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
notify the owner by certified mail, return receipt requested,
of the at-risk boat, derelict boat or abandoned boat.
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30 (2) Notice under this subsection shall contain the
following:
(i) Identification of the at-risk boat, derelict
boat or abandoned boat that must be removed from its
current location, repaired, salvaged, securely stored or
junked.
(ii) The location and condition of the at-risk boat,
derelict boat or abandoned boat.
(iii) The name and contact information of the
municipality or law enforcement agency that is providing
the notice.
(iv) Contact information for the commission.
(v) A statement that if, within 10 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:
(A) The at-risk boat, derelict boat or abandoned
boat shall be removed and, as appropriate, stored or
junked at the expense of the owner of the at-risk
boat, derelict boat or abandoned boat.
(B) The owner of the at-risk boat, derelict boat
or abandoned boat shall be subject to a fine and any
other penalty prescribed by 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 within the municipality or jurisdiction of the law
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30 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 days after publication of the
notice under this subsection.
(e) Actions by owner.--
(1) Within 10 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) remove, repair, salvage, securely store or junk
the at-risk boat, derelict boat or abandoned boat, as
appropriate; or
(ii) make alternate arrangements with the
municipality, law enforcement agency or commission, which
may include the relinquishment of the at-risk boat,
derelict boat or abandoned boat to the custody of the
municipality, law enforcement agency or commission.
(2) In the case of an at-risk boat, the owner of the at-
risk boat that is removed and stored after the time period
specified in the notice under subsection (c) or (d):
(i) May, subject to State law, including a rule or
regulation established by the commission, claim the at-
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.
(ii) Commits a misdemeanor of the third degree and
shall, upon conviction, be sentenced to pay a fine of not
more than $5,000.
(3) In the case of a derelict boat or abandoned boat,
after the time period specified in the notice under
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30 subsection (c) or (d):
(i) The owner of the derelict boat or abandoned boat
shall have no right to claim the derelict boat or
abandoned boat.
(ii) The owner of the derelict boat or abandoned
boat shall be responsible for the expenses to remove or
junk the derelict boat or abandoned boat.
(iii) The owner of the derelict boat or abandoned
boat commits a misdemeanor of the third degree and shall,
upon conviction, be sentenced to pay a fine of not more
than $5,000.
(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
commission regarding:
(1) the removal or storage of an at-risk boat; or
(2) the removal or junking of a derelict boat or
abandoned boat.
§ 5705. Forms.
(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).
(b) Posting.--The forms described under subsection (a) shall
be posted on the publicly accessible Internet website of the
commission.
(c) Submittal.--A municipality or law enforcement agency may
submit the notice described under section 5704(b) to the
commission by electronic means or as otherwise provided by the
commission.
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30 § 5706. Nuisances.
This chapter is not intended to alter or supersede any law or
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.
§ 5707. Rules and regulations.
The commission may adopt or promulgate rules or regulations
relating to at-risk boats, derelict boats or abandoned boats,
including the transfer of ownership of or interest in at-risk
boats, derelict boats or abandoned boats.
Section 2. This act shall take effect in 180 days.
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