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

SENATE AMENDED
PRIOR PRINTER'S NOS. 82, 1113 PRINTER'S NO. 1999
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,
GALLAGHER, WEBSTER, K.HARRIS AND DALEY, JANUARY 14, 2025
SENATOR ROTHMAN, GAME AND FISHERIES, IN SENATE, AS AMENDED,
JUNE 24, 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.
5703. IDENTIFICATION, NOTICE AND RELATED ACTIONS FOR
DISPOSITION OF AT-RISK, DERELICT AND ABANDONED BOATS.
5704. PENALTIES.
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5705. Forms.
5706. Nuisances.
5707. Rules and regulations.
§ 5701. Scope of chapter.
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). ANY OF THE
FOLLOWING CIRCUMSTANCES, BUT THE PRESUMPTION IS REBUTTABLE BY A
PREPONDERANCE OF THE EVIDENCE:
(1) THE BOAT IS PHYSICALLY INOPERABLE AND LEFT
UNATTENDED ON WATERS OF THIS COMMONWEALTH OR OTHER PUBLIC
PROPERTY FOR MORE THAN 48 HOURS;
(2) THE BOAT HAS REMAINED ILLEGALLY ON WATERS OF THIS
COMMONWEALTH OR OTHER PUBLIC PROPERTY FOR MORE THAN 48 HOURS;
(3) THE BOAT IS LEFT UNATTENDED ON OR ALONG WATERS OF
THIS COMMONWEALTH OR OTHER PUBLIC PROPERTY AND DOES NOT BEAR
A VALID REGISTRATION; OR
(4) THE BOAT HAS REMAINED ON THE PRIVATE PROPERTY OF A
SALVOR FOR MORE THAN 30 CALENDAR DAYS.
"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.
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(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. THE BOAT
REMAINS ON WATERS OF THIS COMMONWEALTH OR OTHER PUBLIC
PROPERTY DURING AN EXTREME WEATHER EVENT.
(iii) The boat has broken loose or is in danger of
breaking loose from its anchor CURRENT LOCATION .
(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 OR FIRE .
(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.
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(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.
"LAW ENFORCEMENT OFFICER." ANY OF THE FOLLOWING:
(1) A MEMBER OF THE PENNSYLVANIA STATE POLICE.
(2) AN INDIVIDUAL EMPLOYED AS A POLICE OFFICER WHO HOLDS
A CURRENT CERTIFICATE UNDER 53 PA.C.S. CH. 21 SUBCH. D
(RELATING TO MUNICIPAL POLICE EDUCATION AND TRAINING).
(3) AN AGENT OF THE OFFICE OF ATTORNEY GENERAL AS
DESCRIBED UNDER PARAGRAPH (2) OF THE DEFINITION OF
"ENFORCEMENT OFFICER" IN 71 PA.C.S. § 5102 (RELATING TO
DEFINITIONS).
(4) A SHERIFF OR A DEPUTY SHERIFF.
(5) "WATERWAYS CONSERVATION OFFICERS" OR "DEPUTY
WATERWAYS CONSERVATION OFFICERS" AS THOSE TERMS ARE DEFINED
UNDER 30 PA.C.S. § 102 (RELATING TO DEFINITIONS).
(6) AN "OFFICER" AS DEFINED UNDER 34 PA.C.S. § 102
(RELATING TO DEFINITIONS).
(7) AN INDIVIDUAL EMPLOYED BY THE DEPARTMENT OF
CONSERVATION AND NATURAL RESOURCES WHO IS VESTED WITH POWERS
OF ARREST UNDER SECTION 302(C) OR 303(A)(7) OF THE ACT OF
JUNE 28, 1995 (P.L.89, NO.18), KNOWN AS THE CONSERVATION AND
NATURAL RESOURCES ACT .
(8) AN "AGENT" AS DEFINED IN 61 PA.C.S. § 6101 (RELATING
TO DEFINITIONS).
(9) AN INDIVIDUAL EMPLOYED BY THE DEPARTMENT OF
CORRECTIONS BUREAU OF INVESTIGATIONS AND INTELLIGENCE HOLDING
A POLICE OFFICER COMMISSION UNDER THE ACT OF MAY 21, 1943
(P.L.469, NO.210), ENTITLED "AN ACT PROVIDING FOR
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COMMISSIONING AS POLICE OFFICERS CERTAIN EMPLOYES OF
INSTITUTIONS MAINTAINED IN WHOLE OR IN PART BY THE
COMMONWEALTH; CONFERRING UPON THEM THE POWERS OF CONSTABLES
IN CERTAIN CASES; 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.
§ 5703. Abandoned boats.
(a) Presumption.--Subject to subsection (b), a boat is
presumed to be abandoned if the owner of the boat cannot be
contacted and the boat:
(1) is physically inoperable and is left unattended on
waters of this Commonwealth or other public property;
(2) has remained illegally on waters of this
Commonwealth or other public property;
(3) is left unattended on or along waters of this
Commonwealth or other public property and does not bear a
valid registration; or
(4) has remained on the private property of a salvor for
30 calendar 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
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shall, within seven calendar days of the discovery of the at-
risk boat, derelict boat or abandoned boat, notify the
commission of the following:
"SALVOR." A "VEHICLE SALVAGE DEALER" AS THAT TERM IS DEFINED
IN 75 PA.C.S. § 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.
(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
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municipality or law enforcement agency shall, in
collaboration with the commission, make reasonable efforts to
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. 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.
(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 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,
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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 restitution
costs and any other penalty prescribed by 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 or AND by verifiable electronic means, such
as publicly 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 14
calendar days after publication of the notice under this
subsection. THE NOTICE REQUIRED UNDER THIS SUBSECTION SHALL HAVE
THE SAME EFFECT AS NOTICE SENT BY CERTIFIED MAIL.
(e) Actions by owner.--
(1) Within 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) remove, repair, salvage, securely store or junk
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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 MAY , subject to existing 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
within 30 calendar days of the original notice under
subsection (b).
(ii) 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 and restitution
costs of the recovering entity. DAYS OF RECEIPT OF THE
NOTICE UNDER SUBSECTION (C) OR PUBLICATION OF THE NOTICE
UNDER SUBSECTION (D).
(3) In the case of a derelict boat or abandoned boat,
after the time period specified in the notice under
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 after 30 calendar days following the
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original notice under subsection (b). OF RECEIPT OF THE
NOTICE UNDER SUBSECTION (C) OR PUBLICATION OF THE NOTICE
UNDER SUBSECTION (D).
(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 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 and restitution
costs of the recovering entity. VIOLATES THE PROVISIONS
OF THIS CHAPTER IF THE OWNER 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
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.
(g) Liability.--A person involved in the IDENTIFICATION,
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.
§ 5704. PENALTIES.
(A) GRADING AND PENALTIES.--AN INDIVIDUAL VIOLATING THIS
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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.
§ 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). 5703(B) AND (C)
(RELATING TO IDENTIFICATION, NOTICE AND RELATED ACTIONS FOR
DISPOSITION OF AT-RISK, DERELICT AND ABANDONED BOATS).
(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) 5703(B) to the
commission by electronic means or as otherwise provided by the
commission.
§ 5706. Nuisances.
This chapter is not intended to alter or supersede any law or
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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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