Signed by Governor Josh Shapiro

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that establishes regulations for at-risk, derelict and abandoned boats; and imposing penalties in Pennsylvania.

Highlights:

• Defines “at-risk boat” as a boat that is at risk of becoming a derelict boat, which may involve it taking on water, remaining on water during an extreme weather event, breaking loose from its location, or lacking an effective means of propulsion (Sec. 1).

• Defines “derelict boat” as a boat on public waters or property that is sunk or partially sunk, aground without the ability to move, involved in an accident or fire, or in a neglected or deteriorating condition (Sec. 1).

• Defines “abandoned boat” as a boat that is inoperable and left unattended on public waters or property for more than 48 hours, or on the property of a vehicle salvage dealer for more than 30 days (Sec. 1).

• Requires municipalities or law enforcement agencies to notify the Commission of the following after the identification of an at-risk, derelict, or abandoned boat (Sec. 1):

• The name and contact of the municipality or law enforcement agency that made the discovery;

• The location and condition of the boat; and

• Identifying information regarding the boat, including registration, license, capacity plate, and name of the owner, if known.

• Requires the municipality or law enforcement agency along with the Commission to notify the owner by mail, in person, or by direct electronic means of the following (Sec. 1):

• Identification of the boat that must be removed, repaired, salvaged, securely stored, or junked;

• The location and condition of the boat;

• The name and contact of the municipality or law enforcement agency that is providing the notice;

• Contact information for the Commission; and

• A statement that a lack of action within 14 days of the notice will result in action by the municipality or law enforcement agency at the expense of the owner, and the owner will be subject to restitution costs or other penalties by law.

• Requires the relevant municipality or law enforcement agency along with the Commission to publish the described notice in a newspaper and electronically in the case that the owner of the boat cannot be identified (Sec. 1).

• Authorizes the owner of an at-risk, derelict, or abandoned boat to relinquish the boat to the custody of the relevant municipality, law enforcement agency, or the Commission (Sec. 1).

• Specifies that the owner of an at-risk boat that is removed and stored after the 14-day notice may retrieve the boat after paying the costs of removal and storage plus any applicable fine (Sec. 1).

• Specifies that the owner of a derelict or abandoned boat has no right to claim the boat after 30 days following the receipt or publication of notice (Sec. 1).

• Specifies that a person involved in the identification, notification, recovery, or storage of an at-risk, derelict, or abandoned boat may not be held liable for any claim of property damage related to the boat (Sec. 1).

• Establishes the following penalties for violation of this Act (Sec. 1):

• A $500 fine plus restitution costs for first offense;

• A $1,000 fine plus restitution costs for a second offense; and

• A misdemeanor of the third degree plus restitution costs for a third or subsequent offense.

• Specifies that restitution costs may include costs for towing, storage, notice, publication mailing, or any other costs associated with the removal or junking of a boat (Sec. 1).

• Specifies that this Act takes effect 180 days after passage (Sec. 2).

Full Bill Text