PRINTER'S NO. 3558

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2531

Session of

2024

INTRODUCED BY KULIK, MERSKI, HILL-EVANS, HADDOCK, SANCHEZ,

GALLAGHER, BOYD, HARKINS, DALEY AND KUZMA, AUGUST 12, 2024

REFERRED TO COMMITTEE ON GAME AND FISHERIES, AUGUST 12, 2024

Section 1. Title 30 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

Sec.

5701. Scope of chapter.

5702. Definitions.

5703. Abandoned boats.

5704. Investigations, notice and related actions.

5705. Forms.

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.

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.

broken or inoperable components.

"Law enforcement agency." An employer of 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 any individual who is employed or

elected by the Commonwealth or a municipality and whose duty

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.

(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

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.

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

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

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

(i) May, subject to State law, including any 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

abandoned boat.

(ii) The derelict boat or abandoned boat shall be

removed and junked, as appropriate, at the expense of the

owner of 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

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.

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 60 days.