PRINTER'S NO. 2026
No. 1641 Session of 2005
INTRODUCED BY FAIRCHILD, ARMSTRONG, BOYD, CALTAGIRONE, CAPPELLI,
CRAHALLA, CREIGHTON, DENLINGER, DeWEESE, GEIST, GERGELY,
HARRIS, HERSHEY, HESS, R. MILLER, PHILLIPS, PICKETT, PYLE,
READSHAW, SHANER, B. SMITH, STABACK, E. Z. TAYLOR, TIGUE,
YOUNGBLOOD AND ZUG, JUNE 6, 2005
REFERRED TO COMMITTEE ON GAME AND FISHERIES, JUNE 6, 2005
AN ACT
1 Amending Titles 30 (Fish) and 75 (Vehicles) of the Pennsylvania
2 Consolidated Statutes, providing for boat and marine
3 forfeiture, for the powers and duties of the Pennsylvania
4 Fish and Boat Commission, for boat, marine equipment and
5 watercraft trailer forfeiture and for the powers and duties
6 of the Department of Transportation.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 908 of Title 30 of the Pennsylvania
10 Consolidated Statutes is amended to read:
11 § 908. False identification or false or fraudulent statements
12 on reports, etc.
13 A person who gives false identification to an officer
14 authorized to enforce this title or who makes any false or
15 fraudulent statement on any report, affidavit or application
16 required by this title, or to any representative of the
17 commission, commits a summary offense of the [second] first
18 degree.
1 Section 2. Chapter 53 of Title 30 is amended by adding a
2 subchapter to read:
3 SUBCHAPTER C
4 BOAT AND MARINE FORFEITURE
5 Sec.
6 5331. Scope of subchapter.
7 5332. Definitions.
8 5333. Liens.
9 5334. Transfer of rights.
10 5335. Notice for boats and related equipment.
11 5336. Notice for watercraft trailers.
12 5337. Responsibility of commission.
13 5338. Publication for boats and related equipment.
14 5339. Publication for watercraft trailers.
15 5340. Transfer of rights, title and interest for purpose of
16 public sale.
17 5341. Redemption.
18 5342. Rights of marine business to purchase.
19 5343. Rights acquired by good faith purchaser.
20 5344. Disposition of proceeds.
21 5345. Other remedies.
22 5346. Rules and regulations.
23 § 5331. Scope of subchapter.
24 This subchapter covers boat and marine forfeitures.
25 § 5332. Definitions.
26 The following words and phrases when used in this subchapter
27 shall have the meanings given to them in this section unless the
28 context clearly indicates otherwise:
29 "Boat sale form." A form created by the Pennsylvania Fish
30 and Boat Commission that:
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1 (1) Is completed by a marine business which has acquired
2 all rights, title and interest in a boat or any related
3 equipment by operation of this subchapter for the purpose of
4 a public sale.
5 (2) Contains a statement, made under penalty of law,
6 that the requirements of this subchapter have been satisfied
7 prior to the public sale of a boat or any related equipment
8 under this subchapter.
9 (3) Contains such other information as required by the
10 commission.
11 "Customer." A person who contracts for the services of a
12 marine business concerning a boat, any related equipment or a
13 watercraft trailer.
14 "Department." The Department of Transportation of the
15 Commonwealth.
16 "Marine business." A person who repairs, remanufactures,
17 restores, alters, stores or cleans boats, any related equipment
18 or watercraft trailers. This term includes, but is not limited
19 to, a marina, watercraft dealer, boat club, yacht club, repair
20 facility and storage facility.
21 "Public sale." A public auction conducted at a reasonable
22 time and place. The fact that a better price could have been
23 obtained by a sale at a different time or place from that
24 selected by the marine business is not of itself sufficient to
25 establish that the sale was not made in a reasonable manner.
26 "Related equipment." Personal property:
27 (1) related to a boat in the possession of a marine
28 business, including a motor; or
29 (2) found in or on a boat in the possession of a marine
30 business.
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1 The term does not include a watercraft trailer as defined in 75
2 Pa.C.S. § 1172 (relating to definitions).
3 "Terminal date." The last business day for which a marine
4 business possesses a boat, any related equipment or a watercraft
5 trailer for repair, remanufacture, restoration, alteration,
6 storage or cleaning. In the case of any repair, remanufacture,
7 restoration, alteration or cleaning, absent a written agreement
8 to the contrary, the term means the date upon which the repair,
9 remanufacture, restoration, alteration or cleaning of the boat,
10 any related equipment or a watercraft trailer was completed. In
11 the case of any storage of a boat, any related equipment or a
12 watercraft trailer, the term means the last date under the
13 contract for storage.
14 "Watercraft trailer." As defined in 75 Pa.C.S. § 1172
15 (relating to definitions).
16 § 5333. Liens.
17 A marine business shall have a lien, dependent upon
18 possession, on a boat, any related equipment or a watercraft
19 trailer belonging to an owner for the balance due the marine
20 business from such owner for any repair, remanufacture,
21 restoration, alteration, storage or cleaning of a boat, any
22 related equipment or a watercraft trailer. The marine business
23 may retain possession of a boat, any related equipment or a
24 watercraft trailer until the charges are paid.
25 § 5334. Transfer of rights.
26 Unless otherwise agreed to in writing, if a customer does not
27 claim possession of a boat, any related equipment or a
28 watercraft trailer within 30 days of the terminal date, all
29 rights, title and interest in the boat, any related equipment or
30 the watercraft trailer may at the option of the marine business
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1 be transferred by operation of this subchapter to the marine
2 business for the purpose of a public sale.
3 § 5335. Notice for boats and related equipment.
4 Any time after expiration of the 30-day period set forth in
5 section 5334 (relating to transfer of rights), if a marine
6 business chooses to have all rights, title and interest in a
7 boat or any related equipment transferred to the marine business
8 by operation of law for the purpose of a public sale, it shall
9 on the same day send the following two written notices:
10 (1) By certified mail, return receipt requested, to an
11 address designated in writing by the customer or, if not so
12 designated, to the customer's last known address, indicating
13 that the marine business intends to terminate the customer's
14 rights, title and interest in the boat or any related
15 equipment by operation of law under this subchapter.
16 (2) By certified mail, return receipt requested, to the
17 commission indicating that the marine business intends to
18 terminate the owner's rights, title and interest in a boat or
19 any related equipment by operation of law under this
20 subchapter. Written notice sent to the commission shall
21 describe the boat, including make, model and year and, if
22 known, the hull identification number, a registration number,
23 temporary decal number and other identifying data as
24 prescribed by the commission.
25 § 5336. Notice for watercraft trailers.
26 If a marine business chooses to have all rights, title and
27 interest in a watercraft trailer transferred to a marine
28 business by operation of law for the purpose of a public sale,
29 it shall follow the notice provisions of 75 Pa.C.S. § 1173
30 (relating to notice).
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1 § 5337. Responsibility of commission.
2 Upon receipt of the notice specified in section 5335
3 (relating to notice for boats and related equipment), the
4 commission shall:
5 (1) If the boat is registered or titled in this
6 Commonwealth, notify, if on record with the commission, any
7 lienholders and the owner or, if the boat is not titled, the
8 last registrant by certified mail, return receipt requested,
9 that a marine business intends to acquire all rights, title
10 and interest in the boat or any related equipment for the
11 purpose of a public sale.
12 (2) If the boat has a registration number, temporary
13 decal number or other identifying indicia evidencing that the
14 boat is registered or titled in another state, the commission
15 shall contact the other state and attempt to ascertain the
16 name and address of any lienholder and the last registrant or
17 owner. The commission shall provide notice to those persons
18 that a marine business intends to acquire all rights, title
19 and interest in the boat or any related equipment for the
20 purpose of a public sale.
21 (3) The commission shall notify the marine business:
22 (i) upon satisfaction of its obligation under
23 paragraph (1) or (2); or
24 (ii) that the commission has been unable to provide
25 notice under paragraph (1) or (2).
26 § 5338. Publication for boats and related equipment.
27 (a) General rule.--At any time after the date the marine
28 business receives notice from the commission pursuant to section
29 5337(3) (relating to responsibility of commission), the marine
30 business shall place a notice, once a week for two consecutive
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1 weeks, in a newspaper of general circulation, published in the
2 county where the marine business is located, describing the boat
3 or any related equipment and any identifying data as prescribed
4 by the commission.
5 (b) Contents of notice.--The notice shall include
6 information that all rights, title and interest in the boat or
7 any related equipment shall be transferred to the marine
8 business by operation of law for the purpose of a public sale
9 unless the boat or any related equipment is redeemed under
10 section 5341 (relating to redemption) prior to the public sale.
11 The notice shall also contain information concerning the public
12 sale of the boat or any related equipment, including, but not
13 limited to, the date, location and terms of the sale.
14 § 5339. Publication for watercraft trailers.
15 If a marine business chooses to have all rights, title and
16 interest in a watercraft trailer transferred to a marine
17 business by operation of law for the purpose of a public sale,
18 it shall follow the publication provisions of 75 Pa.C.S. § 1175
19 (relating to publication).
20 § 5340. Transfer of rights, title and interest for purpose of
21 public sale.
22 (a) Right of marine business.--
23 (1) After publication under section 5338 (relating to
24 publication for boats and related equipment), all rights,
25 title and interest in the boat and any related equipment
26 shall be vested in the marine business for the purpose of a
27 public sale, subject to the right of redemption under section
28 5341 (relating to redemption). Any time after the publication
29 under section 5338, but within one year of receipt of notice
30 from the commission under section 5337(3) (relating to
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1 responsibility of commission), upon the date and location
2 listed in the notice under section 5338, the marine business
3 may hold a public sale of the boat and any related equipment.
4 The public sale may be combined with a public sale under
5 paragraph (2). Upon the sale, the marine business shall
6 provide a copy of the boat sale form to the purchaser of the
7 boat. Upon receipt of the proper application, boat sale form
8 and any fees required by law, the commission may issue the
9 purchaser a certificate of title to the boat.
10 (2) After publication under 75 Pa.C.S. § 1175 (relating
11 to publication), all rights, title and interest in the
12 watercraft trailer shall be vested in the marine business for
13 the purpose of a public sale, subject to the right of
14 redemption under section 5341 (relating to redemption). Any
15 time after the publication under 75 Pa.C.S. § 1175, but
16 within one year of receipt of notice from the department
17 under 75 Pa.C.S § 1174(3) (relating to responsibility of
18 department), upon the date and location of the notice listed
19 in 75 Pa.C.S. 1175, the marine business may hold a public
20 sale of the watercraft trailer. Upon the sale of a watercraft
21 trailer, the marine business shall provide a copy of the
22 watercraft trailer sale form created by the department under
23 75 Pa.C.S. § 1172 (relating to definitions) to the purchaser.
24 Upon receipt of the proper application, watercraft sale form
25 and any fees required by law, the department may issue the
26 purchaser a certificate of title to the watercraft trailer.
27 (b) Construction.--Nothing in this subchapter shall be
28 construed as requiring the commission to issue a certificate of
29 title for any motor or other related equipment.
30 § 5341. Redemption.
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1 (a) Notice.--Upon request of any lienholder or the owner of
2 a boat, any related equipment or a watercraft trailer, the
3 marine business shall provide the amount necessary under
4 subsection (b), at the time of the request, to redeem the boat,
5 any related equipment or watercraft trailer.
6 (b) Charges and expenses.--Prior to the public sale of a
7 boat, any related equipment or a watercraft trailer under this
8 subchapter, any lienholder or the owner of a boat, any related
9 equipment or a watercraft trailer may pay the amount necessary
10 to satisfy:
11 (1) All charges due the marine business for the repair,
12 remanufacture, restoration, alteration, storage or cleaning
13 of the boat, any related equipment and the watercraft
14 trailer.
15 (2) Reasonable expenses associated with the mailing of
16 notices under section 5335 (relating to notice for boats and
17 related equipment) and 75 Pa.C.S. § 1173 (relating to notice)
18 and the publication of notice under section 5338 (relating to
19 publication for boats and related equipment) and 75 Pa.C.S. §
20 1175 (relating to publication) and reasonable expenses
21 associated with preparation for a public sale under section
22 5340 (relating to transfer of rights, title and interest for
23 purpose of public sale).
24 (c) Return of property.--Upon payment of all charges and
25 expenses under subsection (b), the marine business shall return
26 the boat, any related equipment and the watercraft trailer to
27 the lienholder or owner, and shall thereafter have no liability
28 to any person with respect to the boat, any related equipment
29 and the watercraft trailer.
30 § 5342. Rights of marine business to purchase.
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1 A marine business may buy at any public sale of a boat, any
2 related equipment or a watercraft trailer under this subchapter.
3 § 5343. Rights acquired by good faith purchaser.
4 A purchaser in good faith of a boat, any related equipment or
5 a watercraft trailer sold to satisfy the lien of a marine
6 business takes the boat, any related equipment or a watercraft
7 trailer free of all liens and encumbrances despite noncompliance
8 by the marine business with the requirements of this subchapter.
9 § 5344. Disposition of proceeds.
10 (a) Satisfaction of lien and expenses.--Upon the sale of a
11 boat, any related equipment or a watercraft trailer, the marine
12 business shall be entitled to receive from the proceeds of the
13 sale all:
14 (1) Charges due the marine business for any repair,
15 remanufacture, restoration, alteration, storage or cleaning
16 of a boat, any related equipment or a watercraft trailer.
17 (2) Reasonable expenses associated with the mailing of
18 notices under section 5335 (relating to notice for boats and
19 related equipment) and 75 Pa.C.S. § 1173 (relating to
20 notice), the publication of notice under section 5338
21 (relating to publication for boats and related equipment) and
22 75 Pa.C.S. § 1175 (relating to publication) and the conduct
23 of a public sale under section 5340 (relating to transfer of
24 rights, title and interest for purpose of public sale).
25 (b) Disposition of balance.--If the sale is for a sum
26 greater than the amount of the charges and expenses listed in
27 subsection (a), the excess shall be paid to any prior lienholder
28 known to the marine business at the time of the sale and any
29 remainder to the owner. If the owner's address is unknown at the
30 time of the sale, any excess, after payment to prior
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1 lienholders, shall be deposited in the Boat Fund established
2 under section 531 (relating to establishment and use of Boat
3 Fund).
4 (c) Affidavit.--Within ten days after the public sale, the
5 marine business shall file with the commission an affidavit, on
6 a form prescribed by the commission, stating:
7 (1) The moneys received from the public sale.
8 (2) The amount applied toward the charges under
9 subsection (a)(1).
10 (3) The amount applied toward the expenses under
11 subsection (a)(2).
12 (4) The amount paid to any prior lienholders, the owner
13 and the Boat Fund.
14 § 5345. Other remedies.
15 The provisions of this subchapter are in addition to any and
16 all other remedies available to a marine business. This
17 subchapter shall not foreclose any other remedies available to a
18 marine business at law or in equity.
19 § 5346. Rules and regulations.
20 The commission may promulgate rules and regulations as it
21 deems necessary to carry out the provisions of this subchapter.
22 Section 3. Chapter 11 of Title 75 is amended by adding a
23 subchapter to read:
24 SUBCHAPTER E
25 WATERCRAFT TRAILER FORFEITURE
26 Sec.
27 1171. Scope of subchapter.
28 1172. Definitions.
29 1173. Notice.
30 1174. Responsibility of department.
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1 1175. Publication.
2 1176. Rules and regulations.
3 § 1171. Scope of subchapter.
4 This subchapter covers forfeitures of watercraft trailers.
5 § 1172. Definitions.
6 The following words and phrases when used in this subchapter
7 shall have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Boat." As defined in 30 Pa.C.S. § 102 (relating to
10 definitions).
11 "Customer." A person who contracts for the services of a
12 marine business concerning a boat, any related equipment or a
13 watercraft trailer.
14 "Marine business." A person who repairs, remanufactures,
15 restores, alters, stores or cleans boats, any related equipment
16 or watercraft trailers. This term includes, but is not limited
17 to, a marina, watercraft dealer, boat club, yacht club, repair
18 facility and storage facility.
19 "Related equipment." Personal property:
20 (1) related to a boat in the possession of a marine
21 business, including a motor; or
22 (2) found in or on a boat in the possession of a marine
23 business.
24 The term does not include a watercraft trailer.
25 "Watercraft trailer." A trailer used exclusively for the
26 transportation of watercraft.
27 "Watercraft trailer sale form." A form created by the
28 Department of Transportation that:
29 (1) Is completed by a marine business which has acquired
30 all rights, title and interest in a watercraft trailer by
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1 operation of 30 Pa.C.S. Ch. 53 Subch. C (relating to boat and
2 marine forfeiture) for the purpose of a public sale.
3 (2) Contains a statement, made under penalty of law,
4 that the requirements of 30 Pa.C.S. Ch. 53 Subch. C have been
5 satisfied prior to the public sale of a watercraft trailer.
6 (3) Contains such other information as required by the
7 department.
8 § 1173. Notice.
9 Any time after expiration of the 30-day period set forth in
10 30 Pa.C.S. § 5334 (relating to transfer of rights), if a marine
11 business chooses to have all rights, title and interest in a
12 watercraft trailer transferred to the marine business by
13 operation of law for the purpose of a public sale, it shall on
14 the same day send the following two written notices:
15 (1) By certified mail, return receipt requested, to an
16 address designated in writing by the customer or, if not so
17 designated, to the customer's last known address, indicating
18 that the marine business intends to terminate the owner's
19 rights, title and interest in the watercraft trailer by
20 operation of law under 30 Pa.C.S. Ch. 53 Subch. C (relating
21 to boat and marine forfeiture). If the marine business is
22 sending a notice to the customer pursuant to 30 Pa.C.S. §
23 5335(1) (relating to notice for boats and related equipment),
24 it may comply with this paragraph by including a description
25 of the watercraft trailer in such notice.
26 (2) By certified mail, return receipt requested, to the
27 department indicating that the marine business intends to
28 terminate the owner's rights, title and interest in a
29 watercraft trailer by operation of law under 30 Pa.C.S. Ch.
30 53 Subch. C. Written notice sent to the department shall
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1 describe the watercraft trailer, including, if known, make,
2 model and year, registration plate number and other
3 identifying data as prescribed by the department.
4 § 1174. Responsibility of department.
5 Upon receipt of the notice specified in section 1173(2)
6 (relating to notice), the department shall:
7 (1) If the watercraft trailer is titled or registered in
8 this Commonwealth, notify any lienholders and the owner by
9 certified mail, return receipt requested, that a marine
10 business intends to acquire all rights, title and interest in
11 the watercraft trailer for the purpose of a public sale.
12 (2) If the watercraft trailer has a registration plate
13 or other identifying indicia evidencing that the watercraft
14 trailer is titled or registered in another state, the
15 department shall contact the other state and attempt to
16 ascertain the name and address of any lienholder and the
17 owner. The department shall provide notice to those persons
18 that a marine business intends to acquire all rights, title
19 and interest in the watercraft trailer for the purpose of a
20 public sale.
21 (3) The department shall notify the marine business:
22 (i) upon satisfaction of its obligation under
23 paragraph (1) or (2); or
24 (ii) that the department has been unable to provide
25 notice under paragraph (1) or (2).
26 § 1175. Publication.
27 (a) General rule.--At any time after the date the marine
28 business receives notice from the department pursuant to section
29 1174(3) (relating to responsibility of department), the marine
30 business shall place a notice, once a week for two consecutive
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1 weeks, in a newspaper of general circulation, published in the
2 county where the marine business is located, describing the
3 watercraft trailer and any identifying number.
4 (b) Contents of notice.--The notice shall include
5 information that all rights, title and interest in the
6 watercraft trailer shall be transferred to the marine business
7 by operation of law for the purpose of a public sale unless the
8 watercraft trailer is redeemed under 30 Pa.C.S. § 5341 (relating
9 to redemption) prior to the public sale. The notice shall also
10 contain information concerning the public sale of the watercraft
11 trailer, including, but not limited to, the date, location and
12 terms of the sale. This notice may be combined with a
13 publication of notice pursuant to 30 Pa.C.S. § 5338 (relating to
14 publication for boats and related equipment).
15 § 1176. Rules and regulations.
16 The department may promulgate rules and regulations as it
17 deems necessary to carry out the provisions of this subchapter.
18 Section 4. This act shall take effect in 60 days.
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